As Passed by the Senate 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-SENATORS GARDNER-CARNES-WHITE- 9
WATTS-WACHTMANN 10
_________________________________________________________________ 11
A B I L L
To amend sections 121.04, 124.24, 127.16, 317.08, 13
1501.01, 1501.022, 1505.10, 1507.02 to 1507.07, 14
1507.071, 1507.08 to 1507.11, 1509.01 to 1509.05, 15
1509.06, 1509.061, 1509.07, 1509.071, 1509.072, 16
1509.08, 1509.09 to 1509.15, 1509.17, 1509.18,
1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 17
1509.224, 1509.225, 1509.226, 1509.23 to 1509.29, 18
1509.31 to 1509.33, 1509.36, 1509.38 to 1509.40, 19
1510.01, 1510.08, 1513.01 to 1513.03, 1513.07,
1513.072, 1513.073, 1513.08, 1513.09, 1513.11, 20
1513.13, 1513.15, 1513.16, 1513.161, 1513.17, 21
1513.18, 1513.181, 1513.20 to 1513.37, 1513.39 to 22
1513.41, 1514.02, 1514.021, 1514.03 to 1514.08,
1514.10, 1514.11, 1521.01, 1521.03, 1521.99, 23
1561.01 to 1561.07, 1561.10, 1561.13, 1561.26 to 24
1561.28, 1561.31 to 1561.35, 1561.351, 1561.36 to 25
1561.38, 1561.45, 1561.47 to 1561.51, 1561.53, 27
1561.54, 1561.99, 1563.04 to 1563.06, 1563.11,
1563.111, 1563.12, 1563.13, 1563.17, 1563.20, 29
1563.24, 1563.26, 1563.33 to 1563.35, 1563.37,
1563.40 to 1563.43, 1563.46, 1565.05 to 1565.08, 30
1565.11, 1565.12, 1565.15, 1567.02, 1567.08 to 31
1567.11, 1567.13, 1567.17 to 1567.19, 1567.23, 32
1567.34, 1567.35, 1567.39, 1567.45, 1567.52,
1567.54, 1567.55, 1567.57, 1567.61, 1567.69 to 33
1567.71, 1567.73, 1567.74, 1567.78, 1571.01 to 34
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1571.06, 1571.08 to 1571.11, 1571.14, 1571.16,
1571.99, 5749.02, 6111.044, and 6121.04; to 35
amend, for the purpose of adopting new section 36
numbers as indicated in parentheses, sections
1507.02 (1521.20), 1507.03 (1521.21), 1507.04 37
(1521.22), 1507.05 (1521.23), 1507.06 (1521.24), 38
1507.07 (1521.25), 1507.071 (1521.26), 1507.08 39
(1521.27), 1507.09 (1521.28), 1507.10 (1521.29), 40
and 1507.11 (1521.30); and to repeal section
1507.99 of the Revised Code and to amend Section 41
72 of Am. Sub. H.B. 283 of the 123rd General 43
Assembly to create the Division of Mineral
Resources Management in the Department of Natural 44
Resources by combining the Division of Mines and 45
Reclamation with the Division of Oil and Gas, to 46
transfer responsibility for the control of shore 47
erosion along Lake Erie from the Division of
Engineering to the Division of Water in that 48
Department, and to declare an emergency. 49
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 51
Section 1. That sections 121.04, 124.24, 127.16, 317.08, 53
1501.01, 1501.022, 1505.10, 1507.02, 1507.03, 1507.04, 1507.05, 56
1507.06, 1507.07, 1507.071, 1507.08, 1507.09, 1507.10, 1507.11, 57
1509.01, 1509.02, 1509.03, 1509.04, 1509.05, 1509.06, 1509.061, 59
1509.07, 1509.071, 1509.072, 1509.08, 1509.09, 1509.10, 1509.11, 60
1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 1509.18, 1509.21, 61
1509.22, 1509.221, 1509.222, 1509.223, 1509.224, 1509.225, 62
1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27, 1509.28, 63
1509.29, 1509.31, 1509.32, 1509.33, 1509.36, 1509.38, 1509.39, 64
1509.40, 1510.01, 1510.08, 1513.01, 1513.02, 1513.03, 1513.07, 65
1513.072, 1513.073, 1513.08, 1513.09, 1513.11, 1513.13, 1513.15, 66
1513.16, 1513.161, 1513.17, 1513.18, 1513.181, 1513.20, 1513.21, 67
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1513.22, 1513.23, 1513.24, 1513.25, 1513.26, 1513.27, 1513.28, 68
1513.29, 1513.30, 1513.31, 1513.32, 1513.33, 1513.34, 1513.35, 69
1513.36, 1513.37, 1513.39, 1513.40, 1513.41, 1514.02, 1514.021, 70
1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 1514.08, 1514.10, 71
1514.11, 1521.01, 1521.03, 1521.99, 1561.01, 1561.02, 1561.03,
1561.04, 1561.05, 1561.06, 1561.07, 1561.10, 1561.13, 1561.26, 73
1561.27, 1561.28, 1561.31, 1561.32, 1561.33, 1561.34, 1561.35, 75
1561.351, 1561.36, 1561.37, 1561.38, 1561.45, 1561.47, 1561.48, 76
1561.49, 1561.50, 1561.51, 1561.53, 1561.54, 1561.99, 1563.04, 77
1563.05, 1563.06, 1563.11, 1563.111, 1563.12, 1563.13, 1563.17, 78
1563.20, 1563.24, 1563.26, 1563.33, 1563.34, 1563.35, 1563.37, 79
1563.40, 1563.41, 1563.42, 1563.43, 1563.46, 1565.05, 1565.06, 80
1565.07, 1565.08, 1565.11, 1565.12, 1565.15, 1567.02, 1567.08, 81
1567.09, 1567.10, 1567.11, 1567.13, 1567.17, 1567.18, 1567.19, 82
1567.23, 1567.34, 1567.35, 1567.39, 1567.45, 1567.52, 1567.54, 83
1567.55, 1567.57, 1567.61, 1567.69, 1567.70, 1567.71, 1567.73, 84
1567.74, 1567.78, 1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 85
1571.06, 1571.08, 1571.09, 1571.10, 1571.11, 1571.14, 1571.16, 86
1571.99, 5749.02, 6111.044, and 6121.04 be amended and sections 88
1507.02 (1521.20), 1507.03 (1521.21), 1507.04 (1521.22), 1507.05 89
(1521.23), 1507.06 (1521.24), 1507.07 (1521.25), 1507.071 90
(1521.26), 1507.08 (1521.27), 1507.09 (1521.28), 1507.10 91
(1521.29), and 1507.11 (1521.30) of the Revised Code be amended 92
for the purpose of adopting new section numbers as indicated in
parentheses to read as follows: 93
Sec. 121.04. Offices are created within the several 102
departments as follows: 103
In the department of commerce: 105
Commissioner of securities; 107
Superintendent of real estate and professional 108
licensing;
Superintendent of financial institutions; 109
Fire marshal; 110
Beginning on July 1, 1997, 111
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Superintendent of liquor control; 112
Superintendent of industrial compliance. 113
In the department of administrative services: 115
State architect and engineer; 117
Equal employment opportunity coordinator. 118
In the department of agriculture: 120
Chiefs of divisions as follows: 122
Administration; 124
Animal industry; 125
Dairy; 126
Food safety; 127
Plant industry; 128
Markets; 129
Meat inspection; 130
Consumer analytical laboratory; 131
Amusement ride safety; 132
Enforcement; 133
Weights and measures. 134
In the department of natural resources: 136
Chiefs of divisions as follows: 138
Water; 140
Mines and Reclamation MINERAL RESOURCES 141
MANAGEMENT;
Forestry; 142
Natural areas and preserves; 143
Wildlife; 144
Geological survey; 145
Parks and recreation; 146
Watercraft; 147
Oil and gas; 148
Recycling and litter prevention; 149
Civilian conservation; 150
Soil and water conservation; 151
Real estate and land management; 152
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Engineering. 153
Until July 1, 1997, in the department of liquor control: 155
Chiefs of divisions as follows: Accounting and finance; 159
Store management; 160
Personnel; 161
Beer. 162
In the department of insurance: 165
Deputy superintendent of insurance; 167
Assistant superintendent of insurance, technical; 168
Assistant superintendent of insurance, 169
administrative; 170
Assistant superintendent of insurance, research. 171
Sec. 124.24. Notwithstanding sections 124.01 to 124.64 and 181
145.01 to 145.57 of the Revised Code, the examinations of 182
applicants for the position POSITIONS of deputy mine inspector, 183
superintendent of rescue stations, assistant superintendent of 184
rescue stations, electrical inspectors, gas storage well 185
inspector, and mine chemists in the division of mines and 186
reclamation MINERAL RESOURCES MANAGEMENT, department of natural 188
resources, as provided in Chapters 1561., 1563., 1565., and 1567. 189
of the Revised Code shall be provied PROVIDED for, conducted, and 191
administered by the mine examining board created by section 192
1561.10 of the Revised Code.
From the returns of the examinations the mine examining 194
board shall prepare eligible lists of the persons whose general 195
average standing upon examinations for such grade or class is not 196
less than the minimum fixed by the rules of said THE board and 197
who are otherwise eligible. All appointments to the said A 199
position shall be made from such eligible list in the same manner 200
as appointments are made from eligible lists prepared by the 201
director of administrative services. Any person upon being 202
appointed to fill one of the positions provided for in this 203
section, from any such eligible list, shall have the same 204
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standing, rights, privileges, and status as other state employees 205
in the classified service. 206
Sec. 127.16. (A) Upon the request of either a state 216
agency or the director of budget and management and after the 217
controlling board determines that an emergency or a sufficient 218
economic reason exists, the controlling board may approve the 220
making of a purchase without competitive selection as provided in
division (B) of this section. 221
(B) Except as otherwise provided in this section, no state 223
agency, using money that has been appropriated to it directly, 224
shall: 225
(1) Make any purchase from a particular supplier, that 227
would amount to fifty thousand dollars or more when combined with 228
both the amount of all disbursements to the supplier during the 229
fiscal year for purchases made by the agency and the amount of 230
all outstanding encumbrances for purchases made by the agency 231
from the supplier, unless the purchase is made by competitive 232
selection or with the approval of the controlling board; 233
(2) Lease real estate from a particular supplier, if the 235
lease would amount to seventy-five thousand dollars or more when 236
combined with both the amount of all disbursements to the 237
supplier during the fiscal year for real estate leases made by 238
the agency and the amount of all outstanding encumbrances for 239
real estate leases made by the agency from the supplier, unless 240
the lease is made by competitive selection or with the approval 241
of the controlling board. 242
(C) Any person who authorizes a purchase in violation of 244
division (B) of this section shall be liable to the state for any 245
state funds spent on the purchase, and the attorney general shall 246
collect the amount from the person. 247
(D) Nothing in division (B) of this section shall be 249
construed as: 250
(1) A limitation upon the authority of the director of 252
transportation as granted in sections 5501.17, 5517.02, and 253
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5525.14 of the Revised Code; 254
(2) Applying to medicaid provider agreements under Chapter 256
5111. of the Revised Code or payments or provider agreements 259
under disability assistance medical assistance established under 260
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 262
supplier by a state licensing board under Title XLVII of the 263
Revised Code; 264
(4) Applying to entertainment contracts for the Ohio state 266
fair entered into by the Ohio expositions commission, provided 267
that the controlling board has given its approval to the 268
commission to enter into such contracts and has approved a total 269
budget amount for such contracts as agreed upon by commission 270
action, and that the commission causes to be kept itemized 271
records of the amounts of money spent under each contract and 272
annually files those records with the clerk of the house of 274
representatives and the clerk of the senate following the close 275
of the fair;
(5) Limiting the authority of the chief of the division of 277
mines and reclamation MINERAL RESOURCES MANAGEMENT to contract 278
for reclamation work with an operator mining adjacent land as 280
provided in section 1513.27 of the Revised Code; 281
(6) Applying to investment transactions and procedures of 283
any state agency, except that the agency shall file with the 284
board the name of any person with whom the agency contracts to 285
make, broker, service, or otherwise manage its investments, as 286
well as the commission, rate, or schedule of charges of such 287
person with respect to any investment transactions to be 288
undertaken on behalf of the agency. The filing shall be in a 289
form and at such times as the board considers appropriate. 290
(7) Applying to purchases made with money for the per cent 292
for arts program established by section 3379.10 of the Revised 293
Code; 294
(8) Applying to purchases made by the rehabilitation 296
8
services commission of services, or supplies, that are provided 297
to persons with disabilities, or to purchases made by the 298
commission in connection with the eligibility determinations it 299
makes for applicants of programs administered by the social 300
security administration; 301
(9) Applying to payments by the department of job and 303
family services under section 5111.13 of the Revised Code for 305
group health plan premiums, deductibles, coinsurance, and other 306
cost-sharing expenses; 307
(10) Applying to any agency of the legislative branch of 309
the state government; 310
(11) Applying to agreements or contracts entered into 312
under section 5101.11, 5101.21, or 5101.211 of the Revised Code; 313
(12) Applying to purchases of services by the adult parole 315
authority under section 2967.14 of the Revised Code or by the 316
department of youth services under section 5139.08 of the Revised 317
Code; 318
(13) Applying to dues or fees paid for membership in an 320
organization or association; 321
(14) Applying to purchases of utility services pursuant to 323
section 9.30 of the Revised Code; 324
(15) Applying to purchases made in accordance with rules 326
adopted by the department of administrative services of motor 327
vehicle, aviation, or watercraft fuel, or emergency repairs of 328
such vehicles; 329
(16) Applying to purchases of tickets for passenger air 331
transportation; 332
(17) Applying to purchases necessary to provide public 334
notifications required by law or to provide notifications of job 335
openings; 336
(18) Applying to the judicial branch of state government; 338
(19) Applying to purchases of liquor for resale by the 340
department or, on and after July 1, 1997, the division of liquor 341
control;
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(20) Applying to purchases of motor courier and freight 343
services made in accordance with department of administrative 344
services rules; 345
(21) Applying to purchases from the United States postal 347
service and purchases of stamps and postal meter replenishment 348
from vendors at rates established by the United States postal 349
service; 350
(22) Applying to purchases of books, periodicals, 352
pamphlets, newspapers, maintenance subscriptions, and other 353
published materials; 354
(23) Applying to purchases from other state agencies, 356
including state-assisted institutions of higher education; 357
(24) Limiting the authority of the director of 359
environmental protection to enter into contracts under division 360
(D) of section 3745.14 of the Revised Code to conduct compliance 361
reviews, as defined in division (A) of that section; 362
(25) Applying to purchases from a qualified nonprofit 364
agency pursuant to sections 4115.31 to 4115.35 of the Revised 365
Code; 366
(26) Applying to payments by the department of job and 368
family services to the United States department of health and 370
human services for printing and mailing notices pertaining to the 371
tax refund offset program of the internal revenue service of the 372
United States department of the treasury; 373
(27) Applying to contracts entered into by the department 375
of mental retardation and developmental disabilities under 376
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 377
(28) Applying to payments made by the department of mental 379
health under a physician recruitment program authorized by 380
section 5119.101 of the Revised Code; 381
(29) Applying to contracts entered into with persons by 383
the director of commerce for unclaimed funds collection and 384
remittance efforts as provided in division (F) of section 169.03 386
of the Revised Code. The director shall keep an itemized 389
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accounting of unclaimed funds collected by those persons and 390
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 392
higher education in accordance with the terms of a contract 394
between the vendor and an inter-university purchasing group 395
comprised of purchasing officers of state institutions of higher 396
education;
(31) Applying to the department of job and family 398
services' purchases of health assistance services under the 400
children's health insurance program part I provided for under 401
section 5101.50 of the Revised Code or the children's health 402
insurance program part II provided for under section 5101.51 of 404
the Revised Code.
(E) Notwithstanding division (B)(1) of this section, the 406
cumulative purchase threshold shall be seventy-five thousand 407
dollars for the departments of mental retardation and 408
developmental disabilities, mental health, rehabilitation and 409
correction, and youth services. 410
(F) When determining whether a state agency has reached 412
the cumulative purchase thresholds established in divisions 413
(B)(1), (B)(2), and (E) of this section, all of the following 414
purchases by such agency shall not be considered: 415
(1) Purchases made through competitive selection or with 417
controlling board approval; 418
(2) Purchases listed in division (D) of this section; 420
(3) For the purposes of the thresholds of divisions (B)(1) 422
and (E) of this section only, leases of real estate. 423
(G) As used in this section, "competitive section 425
SELECTION," "purchase," "supplies," and "services" have the same 426
meanings as in section 125.01 of the Revised Code. 427
Sec. 317.08. Except as provided in division (F) of this 436
section, the county recorder shall keep six separate sets of 438
records as follows:
(A) A record of deeds, in which shall be recorded all 440
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deeds and other instruments of writing for the absolute and 441
unconditional sale or conveyance of lands, tenements, and 442
hereditaments; all notices as provided for in sections 5301.47 to 443
5301.56 of the Revised Code; all judgments or decrees in actions 444
brought under section 5303.01 of the Revised Code; all 445
declarations and bylaws as provided for in Chapter 5311. of the 446
Revised Code; affidavits as provided for in section 5301.252 of 447
the Revised Code; all certificates as provided for in section 448
5311.17 of the Revised Code; all articles dedicating 449
archaeological preserves accepted by the director of the Ohio 450
historical society under section 149.52 of the Revised Code; all 451
articles dedicating nature preserves accepted by the director of 452
natural resources under section 1517.05 of the Revised Code; all 453
agreements for the registration of lands as archaeological or 454
historic landmarks under section 149.51 or 149.55 of the Revised 455
Code; all conveyances of conservation easements and agricultural 456
easements under section 5301.68 of the Revised Code; all 458
instruments extinguishing agricultural easements under section 459
901.21 or 5301.691 of the Revised Code or pursuant to terms of 460
such an easement granted to a charitable organization under
section 5301.68 of the Revised Code; all instruments or orders 461
described in division (B)(1)(c)(ii) of section 5301.56 of the 462
Revised Code; all no further action letters issued under section 463
3746.11 of the Revised Code; all covenants not to sue issued 464
under section 3746.12 of the Revised Code; any restrictions on 465
the use of property identified pursuant to division (C)(3) of 466
section 3746.10 of the Revised Code; all memoranda of trust, as 467
described in division (A) of section 5301.255 of the Revised 468
Code, that describe specific real property; and all agreements 469
entered into under division (A) of section 1507.071 1521.26 of 470
the Revised Code; 471
(B) A record of mortgages, in which shall be recorded all 473
of the following: 474
(1) All mortgages, including amendments, supplements, 476
12
modifications, and extensions of mortgages, or other instruments 477
of writing by which lands, tenements, or hereditaments are or may 478
be mortgaged or otherwise conditionally sold, conveyed, affected, 479
or encumbered; 480
(2) All executory installment contracts for the sale of 482
land executed after September 29, 1961, that by their terms are 483
not required to be fully performed by one or more of the parties 484
to them within one year of the date of the contracts; 485
(3) All options to purchase real estate, including 487
supplements, modifications, and amendments of the options, but no 488
option of that nature shall be recorded if it does not state a 489
specific day and year of expiration of its validity; 490
(4) Any tax certificate sold under section 5721.33 of the 492
Revised Code, or memorandum thereof, that is presented for filing 494
of record.
(C) A record of powers of attorney, including all 496
memoranda of trust, as described in division (A) of section 497
5301.255 of the Revised Code, that do not describe specific real 498
property; 499
(D) A record of plats, in which shall be recorded all 501
plats and maps of town lots, of the subdivision of town lots, and 502
of other divisions or surveys of lands, any center line survey of 503
a highway located within the county, the plat of which shall be 504
furnished by the director of transportation or county engineer, 505
and all drawings as provided for in Chapter 5311. of the Revised 506
Code; 507
(E) A record of leases, in which shall be recorded all 509
leases, memoranda of leases, and supplements, modifications, and 510
amendments of leases and memoranda of leases; 511
(F) A record of declarations executed pursuant to section 514
2133.02 of the Revised Code and durable powers of attorney for 516
health care executed pursuant to section 1337.12 of the Revised 517
Code. 518
All instruments or memoranda of instruments entitled to 520
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record shall be recorded in the proper record in the order in 521
which they are presented for record. The recorder may index, 522
keep, and record in one volume unemployment compensation liens, 523
internal revenue tax liens and other liens in favor of the United 524
States as described in division (A) of section 317.09 of the 525
Revised Code, personal tax liens, mechanic's liens, agricultural 526
product liens, notices of liens, certificates of satisfaction or 527
partial release of estate tax liens, discharges of recognizances, 528
excise and franchise tax liens on corporations, broker's liens, 529
and liens provided for in sections 1513.33, 1513.37, 3752.13, 531
5111.021, and 5311.18 of the Revised Code. 533
The recording of an option to purchase real estate, 535
including any supplement, modification, and amendment of the 536
option, under this section shall serve as notice to any purchaser 537
of an interest in the real estate covered by the option only 538
during the period of the validity of the option as stated in the 539
option. 540
(G) In lieu of keeping the six separate sets of records 543
required in divisions (A) to (F) of this section and the records 545
required in division (H) of this section, a county recorder may 546
record all the instruments required to be recorded by this 547
section in two separate sets of record books. One set shall be 548
called the "official records" and shall contain the instruments 549
listed in divisions (A), (B), (C), (E), (F), and (H) of this 551
section. The second set of records shall contain the instruments 552
listed in division (D) of this section. 553
(H) Except as provided in division (G) of this section, 556
the county recorder shall keep a separate set of records
containing all corrupt activity lien notices filed with the 557
recorder pursuant to section 2923.36 of the Revised Code and a 558
separate set of records containing all medicaid fraud lien 559
notices filed with the recorder pursuant to section 2933.75 of 560
the Revised Code. 561
Sec. 1501.01. Except where otherwise expressly provided, 570
14
the director of natural resources shall formulate and institute 571
all the policies and programs of the department of natural 572
resources. The chief of any division of the department shall not 573
enter into any contract, agreement, or understanding unless it is 574
approved by the director. NO APPOINTEE OR EMPLOYEE OF THE 575
DIRECTOR, OTHER THAN THE ASSISTANT DIRECTOR, MAY BIND THE 576
DIRECTOR IN A CONTRACT EXCEPT WHEN GIVEN GENERAL OR SPECIAL 577
AUTHORITY TO DO SO BY THE DIRECTOR.
The director shall correlate and coordinate the work and 579
activities of the divisions in the department to eliminate 580
unnecessary duplications of effort and overlapping of functions. 581
The chiefs of the various divisions of the department shall meet 582
with the director at least once each month at a time and place 583
designated by the director. 584
The director may create advisory boards to any of those 586
divisions in conformity with section 121.13 of the Revised Code. 587
The director may accept and expend gifts, devises, and 589
bequests of money, lands, and other properties on behalf of the 590
department or any division thereof under the terms set forth in 591
section 9.20 of the Revised Code. Any political subdivision of 592
this state may make contributions to the department for the use 593
of the department or any division therein according to the terms 594
of the contribution. 595
The director may publish and sell or otherwise distribute 597
data, reports, and information. 598
The director shall adopt rules in accordance with Chapter 600
119. of the Revised Code to permit the department to accept by 601
means of a credit card the payment of fees, charges, and rentals 602
at those facilities described in section 1501.07 of the Revised 603
Code that are operated by the department, for any data, reports, 604
or information sold by the department, and for any other goods or 605
services provided by the department. 606
Whenever authorized by the governor to do so, the director 608
may appropriate property for the uses and purposes authorized to 609
15
be performed by the department and on behalf of any division 610
within the department. This authority shall be exercised in the 611
manner provided in sections 163.01 to 163.22 of the Revised Code 612
for the appropriation of property by the director of 613
administrative services. This authority to appropriate property 614
is in addition to the authority provided by law for the 615
appropriation of property by divisions of the department. The 616
director of natural resources also may acquire by purchase, 617
lease, or otherwise such real and personal property rights or 618
privileges in the name of the state as are necessary for the 619
purposes of the department or any division therein. The 620
director, with the approval of the governor and the attorney 621
general, may sell, lease, or exchange portions of lands or 622
property, real or personal, of any division of the department or 623
grant easements or licenses for the use thereof, or enter into 624
agreements for the sale of water from lands and waters under the 625
administration or care of the department or any of its divisions, 626
when the sale, lease, exchange, easement, agreement, or license 627
for use is advantageous to the state, provided that such approval 628
is not required for leases and contracts made under section 629
1507.12, if any, or section 1501.07, 1501.09, or 1520.03 or 630
Chapter 1523. of the Revised Code. Water may be sold from a 631
reservoir only to the extent that the reservoir was designed to 632
yield a supply of water for a purpose other than recreation or 633
wildlife, and the water sold is in excess of that needed to 634
maintain the reservoir for purposes of recreation or wildlife. 635
Money received from such sales, leases, easements, 637
exchanges, agreements, or licenses for use, except revenues 638
required to be set aside or paid into depositories or trust funds 639
for the payment of bonds issued under sections 1501.12 to 1501.15 640
of the Revised Code, and to maintain the required reserves 641
therefor as provided in the orders authorizing the issuance of 642
such bonds or the trust agreements securing such bonds, revenues 643
required to be paid and credited pursuant to the bond proceeding 644
16
applicable to obligations issued pursuant to section 154.22, and 645
revenues generated under section 1520.05 of the Revised Code, 646
shall be deposited in the state treasury to the credit of the 647
fund of the division of the department having prior jurisdiction 648
over the lands or property. If no such fund exists, the money 649
shall be credited to the general revenue fund. All such money 650
received from lands or properties administered by the division of 651
wildlife shall be credited to the wildlife fund. 652
The director shall provide for the custody, safekeeping, 654
and deposit of all moneys, checks, and drafts received by the 655
department or its employees prior to paying them to the treasurer 656
of state under section 113.08 of the Revised Code. 657
The director shall cooperate with the nature conservancy, 659
other nonprofit organizations, and the United States fish and 660
wildlife service in order to secure protection of islands in the 661
Ohio river and the wildlife and wildlife habitat of those 662
islands. 663
Any instrument by which real property is acquired pursuant 665
to this section shall identify the agency of the state that has 666
the use and benefit of the real property as specified in section 667
5301.012 of the Revised Code.
Sec. 1501.022. There is hereby created in the state 676
treasury the injection well review fund consisting of moneys 677
transferred to it under section 6111.046 of the Revised Code. 678
Moneys in the fund shall be used by the chiefs of the divisions 679
of oil and gas MINERAL RESOURCES MANAGEMENT, geological survey, 680
and water in the department of natural resources exclusively for 681
the purpose of executing their duties under sections 6111.043 to 682
6111.047 of the Revised Code.
Sec. 1505.10. The chief of the division of geological 691
survey shall prepare and publish for public distribution annual 693
reports that shall include all of the following:
(A) A list of the operators of mines, quarries, pits, or 695
other mineral resource extraction operations in this state; 696
17
(B) Information on the location of and commodity extracted 698
at each operation; 699
(C) Information on the employment at each operation; 701
(D) Information on the tonnage of coal or other minerals 703
extracted at each operation along with the method of extraction; 704
(E) Information on the production, use, distribution, 706
value, and other facts relative to the mineral resources of the 707
state that may be of public interest. 708
Each operator engaged in the extraction of minerals shall 710
submit an accurate and complete annual report, on or before the 712
last day of January each year, to the chief of the division of 713
geological survey on forms provided by the chief and containing 714
the information specified in divisions (A) to (E) of this section 715
for the immediately preceding calendar year. The chief of the 716
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 718
may use all or portions of the information collected pursuant to 719
this section in preparing the annual report required by section 720
1561.04 of the Revised Code. 721
No person shall fail to comply with this section. 723
Sec. 1509.01. As used in this chapter: 732
(A) "Well" means any borehole, whether drilled or bored, 734
within the state for production, extraction, or injection of any 735
gas or liquid mineral, excluding potable water to be used as 736
such, but including natural or artificial brines and oil field 737
waters. 738
(B) "Oil" means crude petroleum oil and all other 740
hydrocarbons, regardless of gravity, that are produced in liquid 741
form by ordinary production methods, but does not include 742
hydrocarbons that were originally in a gaseous phase in the 743
reservoir. 744
(C) "Gas" means all natural gas and all other fluid 746
hydrocarbons that are not oil, including condensate. 748
(D) "Condensate" means liquid hydrocarbons that were 750
originally in the gaseous phase in the reservoir. 751
18
(E) "Pool" means an underground reservoir containing a 753
common accumulation of oil or gas, or both, but does not include 754
a gas storage reservoir. Each zone of a geological structure 755
that is completely separated from any other zone in the same 756
structure may contain a separate pool. 757
(F) "Field" means the general area underlaid by one or 759
more pools. 760
(G) "Drilling unit" means the minimum acreage on which one 762
well may be drilled, but does not apply to a well for injecting 763
gas into or removing gas from a gas storage reservoir. 764
(H) "Waste" includes all of the following: 766
(1) Physical waste, as that term generally is understood 769
in the oil and gas industry; 770
(2) Inefficient, excessive, or improper use, or the 772
unnecessary dissipation, of reservoir energy; 773
(3) Inefficient storing of oil or gas; 775
(4) Locating, drilling, equipping, operating, or producing 777
an oil or gas well in a manner that reduces or tends to reduce 778
the quantity of oil or gas ultimately recoverable under prudent 779
and proper operations from the pool into which it is drilled or 780
that causes or tends to cause unnecessary or excessive surface 781
loss or destruction of oil or gas; 782
(5) Other underground or surface waste in the production 784
or storage of oil, gas, or condensate, however caused. 785
(I) "Correlative rights" means the reasonable opportunity 787
to every person entitled thereto to recover and receive the oil 788
and gas in and under the person's tract or tracts, or the 789
equivalent thereof, without having to drill unnecessary wells or 791
incur other unnecessary expense. 792
(J) "Tract" means a single, individually taxed parcel of 794
land appearing on the tax list. 795
(K) "Owner," unless referring to a mine, means the person 797
who has the right to drill on a tract or drilling unit, to drill 799
into and produce from a pool, and to appropriate the oil or gas 800
19
produced therefrom either for the person or for others, except 802
that a person ceases to be an owner with respect to a well when
the well has been plugged in accordance with applicable rules 803
adopted and orders issued under this chapter. 804
(L) "Royalty interest" means the fee holder's share in the 807
production from a well.
(M) "Discovery well" means the first well capable of 809
producing oil or gas in commercial quantities from a pool. 810
(N) "Prepared clay" means a clay that is plastic and is 812
thoroughly saturated with fresh water to a weight and consistency 813
great enough to settle through saltwater in the well in which it 814
is to be used, except as otherwise approved by the chief of the 815
division of oil and gas MINERAL RESOURCES MANAGEMENT. 816
(O) "Rock sediment" means the combined cutting and residue 818
from drilling sedimentary rocks and formation. 819
(P) "Excavations and workings," "mine," and "pillar" have 821
the same meanings as in section 1561.01 of the Revised Code. 823
(Q) "Coal bearing township" means a township designated as 825
such by the chief of the division of mines and reclamation under 826
section 1561.06 of the Revised Code. 828
(R) "Gas storage reservoir" means a continuous area of a 830
subterranean porous sand or rock stratum or strata into which gas 831
is or may be injected for the purpose of storing it therein and 832
removing it therefrom and includes a gas storage reservoir as 833
defined in section 1571.01 of the Revised Code. 835
(S) "Safe Drinking Water Act" means the "Safe Drinking 837
Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended 839
by the "Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 840
42 U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 841
1986," 100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking 842
Water Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 844
300(f), and regulations adopted under those acts. 845
(T) "Person" includes any political subdivision, 847
department, agency, or instrumentality of this state; the United 848
20
States and any department, agency, or instrumentality thereof; 849
and any legal entity defined as a person under section 1.59 of 850
the Revised Code. 851
(U) "Brine" means all saline geological formation water 853
resulting from, obtained from, or produced in connection with the 855
exploration, drilling, or production of oil or gas. 856
(V) "Waters of the state" means all streams, lakes, ponds, 858
marshes, watercourses, waterways, springs, irrigation systems, 859
drainage systems, and other bodies of water, surface or 860
underground, natural or artificial, that are situated wholly or 861
partially within this state or within its jurisdiction, except 862
those private waters that do not combine or effect a junction 863
with natural surface or underground waters. 864
(W) "Exempt Mississippian well" means a well that meets 866
all of the following criteria: 867
(1) Was drilled and completed before January 1, 1980; 869
(2) Is located in an unglaciated part of the state; 871
(3) Was completed in a reservoir no deeper than the 873
Mississippian Big Injun sandstone in areas underlain by 874
Pennsylvanian or Permian stratigraphy, or the Mississippian berea 875
sandstone in areas directly underlain by Permian stratigraphy; 876
(4) Is used primarily to provide oil or gas for domestic 878
use. 879
(X) "Exempt domestic well" means a well that meets all of 881
the following criteria: 882
(1) Is owned by the owner of the surface estate of the 884
tract on which the well is located; 885
(2) Is used primarily to provide gas for the owner's 887
domestic use; 888
(3) Is located more than two hundred feet horizontal 890
distance from any inhabited private dwelling house other than an 891
inhabited private dwelling house located on the tract on which 892
the well is located; 893
(4) Is located more than two hundred feet horizontal 895
21
distance from any public building that may be used as a place of 896
resort, assembly, education, entertainment, lodging, trade, 897
manufacture, repair, storage, traffic, or occupancy by the 898
public. 899
Sec. 1509.02. There is hereby created in the department of 908
natural resources the division of oil and gas MINERAL RESOURCES 909
MANAGEMENT, which shall be administered by the chief of the 911
division of oil and gas MINERAL RESOURCES MANAGEMENT. 912
The chief shall not hold any other public office, nor shall 914
the chief be engaged in any occupation or business that might 915
interfere with or be inconsistent with the duties as chief. 916
All moneys collected by the chief pursuant to sections 918
1509.06, 1509.061, 1509.071, 1509.13, 1509.22, and 1509.222, 919
ninety per cent of moneys received by the treasurer of state from 920
the tax levied in divisions (A)(5) and (6) of section 5749.02, 921
all civil penalties paid under section 1509.33, and, 923
notwithstanding any section of the Revised Code relating to the 924
distribution or crediting of fines for violations of the Revised 925
Code, all fines imposed under divisions (A) and (B) of section 926
1509.99 of the Revised Code and fines imposed under divisions (C) 927
and (D) of section 1509.99 of the Revised Code for all violations 928
prosecuted by the attorney general and for violations prosecuted 929
by prosecuting attorneys that do not involve the transportation 930
of brine by vehicle shall be deposited into the state treasury to 931
the credit of the oil and gas well fund, which is hereby created. 932
Fines imposed under divisions (C) and (D) of section 1509.99 of 933
the Revised Code for violations prosecuted by prosecuting 934
attorneys that involve the transportation of brine by vehicle 935
shall be paid to the county treasury of the county where the 936
violation occurred.
The fund shall be used for the purposes enumerated in 938
division (B) of section 1509.071 of the Revised Code, for the 939
expenses of the division associated with the administration of 940
the "Natural Gas Policy Act of 1978," 92 Stat. 3358, 15 U.S.C. 941
22
3301, and for the division's other functions. The expenses of 942
the division in excess of the moneys available in the fund shall 943
be paid from general revenue fund appropriations to the 944
department.
Sec. 1509.03. The chief of the division of oil and gas 953
MINERAL RESOURCES MANAGEMENT shall make, adopt, repeal, rescind, 955
and amend, in accordance with sections 119.01 to 119.13 CHAPTER 957
119. of the Revised Code, rules for the administration, 959
implementation, and enforcement of Chapter 1509. of the Revised 960
Code THIS CHAPTER. No person shall violate any rule of the chief 962
adopted under this chapter.
Any order issuing, denying, or modifying a permit or 964
notices required to be made by the chief pursuant to Chapter 965
1509. of the Revised Code THIS CHAPTER shall be made in 966
compliance with the provisions of sections 119.01 to 119.13 968
CHAPTER 119. of the Revised Code, except that personal service 970
may be used in lieu of service by mail. Every order issuing, 971
denying, or modifying a permit under Chapter 1509. of the Revised 972
Code THIS CHAPTER and described as such shall be considered an 974
adjudication order for purposes of sections 119.01 to 119.13 975
CHAPTER 119. of the Revised Code.
Where notice to the owners is required by Chapter 1509. of 977
the Revised Code such THIS CHAPTER, THE notice shall be given as 978
prescribed by a rule adopted by the chief to govern the giving of 980
notices. Such rule shall provide for notice by publication 981
except in those cases where other types of notice are necessary 982
in order to meet the requirements of the law. 983
The chief or his THE CHIEF'S authorized representative may 985
at any time enter upon lands, public or private, for the purpose 986
of administration or enforcement of Chapter 1509. of the Revised 987
Code THIS CHAPTER, the rules ADOPTED or orders made thereunder, 989
or terms or conditions of permits or registration certificates 990
issued thereunder and may examine and copy records pertaining to 991
the drilling, conversion, or operation of a well for injection of 992
23
fluids and logs required by division (C) of section 1509.223 of 993
the Revised Code. No person shall prevent or hinder the chief or 994
his THE CHIEF'S authorized representative in the performance of 995
his OFFICIAL duties. If entry is prevented or hindered, the 996
chief or his THE CHIEF'S authorized representative may apply for, 999
and the court of common pleas may issue, an appropriate 1,000
inspection warrant necessary to achieve the purposes of this 1,001
chapter within the court's territorial jurisdiction.
The chief may issue orders to enforce this chapter, rules 1,003
adopted thereunder, and terms or conditions of permits issued 1,004
thereunder. Any such order shall be considered an adjudication 1,005
order for the purposes of Chapter 119. of the Revised Code. No 1,006
person shall violate any order of the chief issued under this 1,007
chapter. No person shall violate a term or condition of a permit 1,008
or registration certificate issued under the THIS chapter. 1,009
Orders of the chief denying, suspending, or revoking a 1,011
registration certificate; approving or denying approval of an 1,012
application for revision of a registered transporter's plan for 1,013
disposal; or to implement, administer, or enforce division (A) of 1,014
section 1509.224 and sections 1509.22, 1509.222, 1509.223, 1,015
1509.225, and 1509.226 of the Revised Code pertaining to the 1,016
transportation of brine by vehicle and the disposal of brine so 1,017
transported are not adjudication orders for purposes of Chapter 1,018
119. of the Revised Code. The chief shall issue such orders 1,019
under division (A) or (B) of section 1509.224 of the Revised 1,020
Code, as appropriate. 1,021
Sec. 1509.04. In both coal-bearing and noncoal-bearing 1,030
townships, the THE chief of the division of oil and gas MINERAL 1,032
RESOURCES MANAGEMENT, or his THE CHIEF'S authorized 1,033
representatives, shall enforce the provisions of Chapter 1509. of 1,034
the Revised Code THIS CHAPTER and the rules, terms and conditions 1,036
of permits and registration certificates, and orders ADOPTED OR 1,037
issued pursuant thereto, except that any "peace officer," as 1,038
defined in section 2935.01 of the Revised Code, may arrest for 1,039
24
violations of this chapter involving transportation of brine by 1,040
vehicle. The prosecuting attorney of the county or the attorney 1,041
general, upon the request of the chief, may apply to the court of 1,042
common pleas in the county in which any of the provisions of 1,043
Chapter 1509. of the Revised Code THIS CHAPTER or any rules, 1,044
terms or conditions of a permit or registration certificate, or 1,046
orders ADOPTED OR issued pursuant to Chapter 1509. of the Revised 1,048
Code THIS CHAPTER are being violated for a temporary restraining 1,050
order, preliminary injunction, or permanent injunction 1,051
restraining any person from such violation. 1,052
In a coal-bearing township, the chief of the division of 1,054
mines and reclamation, or his authorized representatives, shall 1,056
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 1,057
and terms and conditions of permits and orders issued pursuant 1,058
thereto. The prosecuting attorney of the county or the attorney 1,059
general, upon the request of the chief of the division of mines 1,060
and reclamation, may apply to the court of common pleas in the 1,062
county in which section 1509.09, 1509.12, 1509.13, 1509.14, 1,063
1509.15, 1509.17, or 1509.18 of the Revised Code, or any rules 1,064
adopted or terms or conditions of permits or orders issued 1,065
pursuant thereto are being violated for a temporary restraining 1,066
order, preliminary injunction, or permanent injunction 1,067
restraining any person from such violation.
Sec. 1509.05. No person shall drill a new well, drill an 1,076
existing well any deeper, reopen a well, convert a well to any 1,077
use other than its original purpose, or plug back a well to a 1,078
source of supply different from the existing pool, without having 1,079
a permit to do so issued by the chief of the division of oil and 1,080
gas MINERAL RESOURCES MANAGEMENT, and until the original permit 1,081
or a photostatic copy thereof is posted or displayed in a 1,082
conspicuous and easily accessible place at the well site, with 1,083
the name, current address, and telephone number of the permit
holder and the telephone numbers for fire and emergency medical 1,084
25
services maintained on the posted permit or copy. The permit or 1,085
a copy shall be continuously displayed in such manner at all 1,086
times during the work authorized by the permit. 1,087
Such permit shall be issued by the chief in accordance with 1,089
Chapter 1509. of the Revised Code THIS CHAPTER and shall be valid 1,091
for twelve months.
Sec. 1509.06. An application for a permit to drill a new 1,100
well, drill an existing well deeper, reopen a well, convert a 1,101
well to any use other than its original purpose, or plug back a 1,102
well to a different source of supply shall be filed with the 1,103
chief of the division of oil and gas MINERAL RESOURCES MANAGEMENT 1,105
upon such form as the chief prescribes and shall contain each of 1,106
the following that is applicable:
(A) The name and address of the owner and, if a 1,108
corporation, the name and address of the statutory agent; 1,109
(B) The signature of the owner or the owner's authorized 1,111
agent. When an authorized agent signs an application, it shall 1,113
be accompanied by a certified copy of the appointment as such 1,114
agent. 1,115
(C) The names and addresses of all persons holding the 1,117
royalty interest in the tract upon which the well is located or 1,118
is to be drilled or within a proposed drilling unit; 1,119
(D) The location of the tract or drilling unit on which 1,121
the well is located or is to be drilled identified by section or 1,122
lot number, city, village, township, and county; 1,123
(E) Designation of the well by name and number; 1,125
(F) The geological formation to be tested or used and the 1,127
proposed total depth of the well; 1,128
(G) The type of drilling equipment to be used; 1,130
(H) If the well is for the injection of a liquid, identity 1,132
of the geological formation to be used as the injection zone and 1,133
the composition of the liquid to be injected; 1,134
(I) A sworn statement that all requirements of any 1,136
municipal corporation, county, or township having jurisdiction 1,137
26
over any activity related to the drilling or operation of an oil 1,138
or gas well that have been filed with the division of oil and gas 1,139
MINERAL RESOURCES MANAGEMENT and are in effect at the time the 1,140
application is filed, including, but not limited to, zoning 1,142
ordinances and resolutions and the requirements of section 1,143
4513.34 of the Revised Code, will be complied with until 1,144
abandonment of the well;
(J) A plan for restoration of the land surface disturbed 1,146
by drilling operations. The plan shall provide for compliance 1,147
with the restoration requirements of division (A) of section 1,148
1509.072 of the Revised Code and any rules adopted by the chief 1,149
pertaining to that restoration. 1,150
(K) A description by name or number of the county, 1,152
township, and municipal corporation roads, streets, and highways 1,153
that the applicant anticipates will be used for access to and 1,154
egress from the well site; 1,155
(L) Such other relevant information as the chief 1,157
prescribes by rule. 1,158
Each application shall be accompanied by a map, on a scale 1,160
not smaller than four hundred feet to the inch, prepared by an 1,161
Ohio registered surveyor, showing the location of the well and 1,162
containing such other data as may be prescribed by the chief. If 1,163
the well is or is to be located within the excavations and 1,164
workings of a mine, the map also shall include the location of 1,165
the mine, the name of the mine, and the name of the person 1,166
operating the mine. 1,167
The chief shall cause a copy of the weekly circular 1,169
prepared by the division to be provided to the county engineer of 1,171
each county that contains active or proposed drilling activity. 1,172
The weekly circular shall contain, in the manner prescribed by 1,173
the chief, the names of all applicants for permits, the location 1,174
of each well or proposed well, the information required by 1,175
division (K) of this section, and any additional information the 1,177
chief prescribes.
27
The chief shall not issue a permit for at least ten days 1,180
after the date of filing of the application for the permit 1,181
unless, upon reasonable cause shown, the chief waives that period 1,182
or a request for expedited review is filed under this section. 1,184
However, the chief shall issue a permit within twenty-one days of 1,185
the filing of the application unless the chief denies the 1,186
application by order.
An applicant may file a request with the chief for 1,188
expedited review of a permit application if the well is not or is 1,191
not to be located in a gas storage reservoir or reservoir
protective area, as "reservoir protective area" is defined in 1,192
section 1571.01 of the Revised Code. If the well is or is to be 1,193
located in a coal bearing township, the application shall be 1,194
accompanied by the affidavit of the landowner prescribed in 1,195
section 1509.08 of the Revised Code. 1,196
In addition to a complete application for a permit that 1,198
meets the requirements of this section and the permit fee 1,199
prescribed by this section, a request for expedited review shall 1,200
be accompanied by a separate nonrefundable filing fee of five 1,202
hundred dollars. Upon the filing of a request for expedited 1,203
review, the chief shall cause the chief of the division of mines
and reclamation and the county engineer of the county in which 1,205
the well is or is to be located to be notified of the filing of 1,206
the permit application and the request for expedited review by 1,207
telephone or other means that in the judgment of the chief will 1,209
provide timely notice of the application and request. The chief 1,211
shall issue a permit within seven days of the filing of the
request unless the chief denies the application by order. 1,212
Notwithstanding the provisions of this section governing 1,213
expedited review of permit applications, the chief may refuse to 1,214
accept requests for expedited review if, in the chief's judgment, 1,216
the acceptance of the requests would prevent the issuance, within 1,217
twenty-one days of their filing, of permits for which 1,218
applications are pending. 1,219
28
A well shall be drilled and operated in accordance with the 1,221
plans, sworn statements, and other information submitted in the 1,222
approved application. 1,223
The chief shall issue an order denying a permit if the 1,225
chief finds that there is a substantial risk that the operation 1,226
will result in violations of this chapter or rules adopted under 1,228
it that will present an imminent danger to public health or 1,230
safety or damage to the environment, provided that where the
chief finds that terms or conditions to the permit can reasonably 1,231
be expected to prevent such violations, the chief shall issue the 1,232
permit subject to those terms or conditions. 1,233
Each application for a permit required by section 1509.05 1,235
of the Revised Code, except an application for a well drilled or 1,236
reopened for purposes of section 1509.22 of the Revised Code, 1,237
also shall be accompanied by a nonrefundable fee of two hundred 1,238
fifty dollars. 1,239
The chief may order the immediate suspension of drilling, 1,241
operating, or plugging activities after finding that any person 1,243
is causing, engaging in, or maintaining a condition or activity 1,244
that in the chief's judgment presents an imminent danger to 1,246
public health or safety or results in or is likely to result in 1,248
immediate substantial damage to natural resources or for 1,249
nonpayment of the fee required by this section. The chief may 1,250
order the immediate suspension of the drilling or reopening of a 1,251
well after being so requested by the chief of the division of 1,253
mines and reclamation under section 1509.08 of the Revised Code 1,254
IN A COAL BEARING TOWNSHIP AFTER DETERMINING THAT THE DRILLING OR 1,255
REOPENING ACTIVITIES PRESENT AN IMMINENT AND SUBSTANTIAL THREAT 1,256
TO PUBLIC HEALTH OR SAFETY OR TO MINERS' HEALTH OR SAFETY. 1,257
Before issuing any such order, the chief shall notify the owner 1,258
in such manner as in the chief's judgment would provide 1,259
reasonable notification that the chief intends to issue a 1,260
suspension order. The chief may issue such an order without 1,262
prior notification if reasonable attempts to notify the owner 1,263
29
have failed, but in such an event notification shall be given as 1,264
soon thereafter as practical. Within five calendar days after 1,265
the issuance of the order, the chief shall provide the owner an 1,266
opportunity to be heard and to present evidence that the 1,267
condition or activity is not likely to result in immediate 1,268
substantial damage to natural resources or does not present an 1,269
imminent danger to public health or safety OR TO MINERS' HEALTH
OR SAFETY, IF APPLICABLE. IN THE CASE OF ACTIVITIES IN A COAL 1,271
BEARING TOWNSHIP, IF THE CHIEF, AFTER CONSIDERING EVIDENCE 1,272
PRESENTED BY THE OWNER, DETERMINES THAT THE ACTIVITIES DO NOT 1,273
PRESENT SUCH A THREAT, THE CHIEF SHALL REVOKE THE SUSPENSION
ORDER. Notwithstanding any provision of this chapter, the owner 1,274
may appeal the A SUSPENSION order directly to the court of common 1,276
pleas of the county in which the activity is located OR, IF IN A 1,278
COAL BEARING TOWNSHIP, TO THE MINE EXAMINING BOARD. 1,279
Sec. 1509.061. An owner of a well who has been issued a 1,288
permit under section 1509.06 of the Revised Code may submit to 1,289
the chief of the division of oil and gas MINERAL RESOURCES 1,290
MANAGEMENT, on a form prescribed by the chief, a request to 1,292
revise an existing tract upon which exists a producing or idle 1,293
well. The chief shall adopt, and may amend and rescind, rules 1,294
under section 1509.03 of the Revised Code that are necessary for 1,295
the administration of this section. The rules at least shall 1,296
stipulate the information to be included on the request form and 1,297
shall establish a fee to be paid by the person submitting the 1,298
request, which fee shall not exceed two hundred fifty dollars. 1,299
The chief shall approve a request submitted under this 1,301
section unless it would result in a violation of this chapter or 1,302
rules adopted under it, including provisions establishing spacing 1,303
or minimum acreage requirements. 1,304
Sec. 1509.07. An owner of any well, except an exempt 1,313
Mississippian well or an exempt domestic well, shall obtain 1,314
liability insurance coverage from a company authorized to do 1,316
business in this state in an amount of not less than three 1,317
30
hundred thousand dollars bodily injury coverage and three hundred 1,318
thousand dollars property damage coverage to pay damages for 1,319
injury to persons or damage to property caused by the drilling, 1,320
operation, or plugging of all the owner's wells in this state. 1,321
The owner shall maintain that coverage until all the owner's 1,322
wells are plugged and abandoned as required by law. The owner 1,324
shall provide proof of liability insurance coverage to the chief 1,325
of the division of oil and gas MINERAL RESOURCES MANAGEMENT upon 1,326
request. Upon failure of the owner to provide that proof when 1,328
requested, the chief may order the suspension of any outstanding 1,330
permits and operations of the owner until the owner provides 1,331
proof of the required insurance coverage.
Except as otherwise provided in this section, an owner of 1,333
any well, before being issued a permit under section 1509.06 of 1,335
the Revised Code, shall execute and file with the division of oil 1,336
and gas MINERAL RESOURCES MANAGEMENT a surety bond conditioned on 1,337
compliance with the restoration requirements of section 1509.072, 1,339
the plugging requirements of section 1509.12, the permit 1,340
provisions of section 1509.13 of the Revised Code, and all rules 1,341
and orders of the chief relating thereto, in an amount set by 1,342
rule of the chief.
The owner may deposit with the chief, instead of a surety 1,344
bond, cash in an amount equal to the surety bond as prescribed 1,345
pursuant to this section or negotiable certificates of deposit or 1,346
irrevocable letters of credit, issued by any bank organized or 1,349
transacting business in this state or by any savings and loan 1,350
association as defined in section 1151.01 of the Revised Code, 1,351
having a cash value equal to or greater than the amount of the 1,352
surety bond as prescribed pursuant to this section. Cash or 1,353
certificates of deposit shall be deposited upon the same terms as 1,355
those upon which surety bonds may be deposited. If certificates 1,356
of deposit are deposited with the chief instead of a surety bond, 1,357
the chief shall require the bank or savings and loan association 1,359
that issued any such certificate to pledge securities of a cash 1,360
31
value equal to the amount of the certificate that is in excess of 1,361
the amount insured by any of the agencies and instrumentalities 1,362
created under the "Federal Deposit Insurance Act," 64 Stat. 873 1,363
(1950), 12 U.S.C. 1811, as amended, and regulations adopted under 1,364
it, including at least the federal deposit insurance corporation, 1,366
bank insurance fund, and savings association insurance fund. The 1,367
securities shall be security for the repayment of the certificate 1,368
of deposit.
Immediately upon a deposit of cash, certificates of 1,371
deposit, or letters of credit with the chief, the chief shall 1,372
deliver them to the treasurer of state who shall hold them in 1,373
trust for the purposes for which they have been deposited. 1,374
Instead of a surety bond, the chief may accept proof of 1,376
financial responsibility consisting of a sworn financial 1,377
statement showing a net financial worth within this state equal 1,378
to twice the amount of the bond for which it substitutes and, as 1,379
may be required by the chief, a list of producing properties of 1,380
the owner within this state or other evidence showing ability and 1,382
intent to comply with the law and rules concerning restoration 1,383
and plugging that may be required by rule of the chief. The 1,384
owner of an exempt domestic or exempt Mississippian well is not 1,385
required to file scheduled updates of the financial documents,
but shall file updates of those documents if requested to do so 1,386
by the chief. The owner of a nonexempt domestic or nonexempt 1,387
Mississippian well shall file updates of the financial documents 1,388
in accordance with a schedule established by rule of the chief. 1,389
The chief, upon determining that an owner for whom the chief has 1,390
accepted proof of financial responsibility instead of bond cannot 1,391
demonstrate financial responsibility, shall order that the owner 1,392
execute and file a bond or deposit cash, certificates of deposit, 1,394
or irrevocable letters of credit as required by this section for
the wells specified in the order within ten days of receipt of 1,396
the order. If the order is not complied with, all wells of the 1,397
owner that are specified in the order and for which no bond is 1,398
32
filed or cash, certificates of deposit, or letters of credit are 1,399
deposited shall be plugged. No owner shall fail or refuse to 1,401
plug such a well. Each day on which such a well remains 1,402
unplugged thereafter constitutes a separate offense.
The surety bond provided for in this section shall be 1,404
executed by a surety company authorized to do business in this 1,405
state. 1,406
The chief shall not approve any bond until it is personally 1,408
signed and acknowledged by both principal and surety, or as to 1,409
either by the principal's or surety's attorney in fact, with a 1,411
certified copy of the power of attorney attached thereto. The 1,412
chief shall not approve a bond unless there is attached a 1,413
certificate of the superintendent of insurance that the company 1,414
is authorized to transact a fidelity and surety business in this 1,415
state.
All bonds shall be given in a form to be prescribed by the 1,417
chief and shall run to the state as obligee. 1,418
An owner of an exempt Mississippian well or an exempt 1,421
domestic well, in lieu of filing a surety bond, cash in an amount 1,423
equal to the surety bond, certificates of deposit, irrevocable 1,424
letters of credit, or a sworn financial statement, may file a 1,425
one-time fee of fifty dollars, which shall be deposited in the 1,426
oil and gas well plugging fund created in section 1509.071 of the 1,427
Revised Code. 1,428
Sec. 1509.071. (A) When the chief of the division of oil 1,437
and gas MINERAL RESOURCES MANAGEMENT finds that an owner has 1,438
failed to comply with the restoration requirements of section 1,440
1509.072, plugging requirements of section 1509.12, or permit 1,441
provisions of section 1509.13 of the Revised Code, or rules and 1,442
orders relating thereto, the chief shall make a finding of that 1,444
fact and declare any surety bond filed to ensure compliance with 1,445
those sections and rules forfeited in the amount set by rule of 1,446
the chief. The chief thereupon shall certify the total 1,447
forfeiture to the attorney general, who shall proceed to collect 1,448
33
the amount of the forfeiture.
In lieu of total forfeiture, the surety, at its option, may 1,450
cause the well to be properly plugged and abandoned and the area 1,451
properly restored or pay to the treasurer of state the cost of 1,453
plugging and abandonment.
(B) All moneys collected because of forfeitures of bonds 1,456
as provided in this section shall be deposited in the state 1,457
treasury to the credit of the oil and gas well fund created in 1,458
section 1509.02 of the Revised Code. The fund shall be expended 1,460
by the chief for the following purposes in addition to the other 1,461
purposes specified in that section: 1,462
(1) In accordance with division (D) of this section, to 1,464
plug wells or to restore the land surface properly as required in 1,468
section 1509.072 of the Revised Code for which the bonds have 1,469
been forfeited, for abandoned wells for which no funds are 1,470
available to plug the wells in accordance with this chapter, or 1,472
to use abandoned wells for the injection of oil or gas production 1,474
wastes;
(2) In accordance with division (E) of this section, to 1,476
correct conditions that the chief reasonably has determined are 1,478
causing imminent health or safety risks. 1,479
Expenditures from the fund shall be made only for lawful 1,481
purposes. 1,482
(C)(1) Upon determining that the owner of a well has 1,485
failed to properly plug and abandon it or to properly restore the 1,486
land surface at the well site in compliance with the applicable 1,487
requirements of this chapter and applicable rules adopted and 1,488
orders issued under it or that a well is an abandoned well for 1,489
which no funds are available to plug the well in accordance with 1,490
this chapter, the chief shall do all of the following: 1,491
(a) Determine from the records in the office of the county 1,494
recorder of the county in which the well is located the identity 1,495
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 1,496
34
well was drilled or the identity of each person owning an 1,497
interest in the lease, and the identities of the persons having 1,498
legal title to, or a lien upon, any of the equipment appurtenant 1,499
to the well; 1,500
(b) Mail notice to the owner of the land on which the well 1,503
is located informing the landowner that the well is to be 1,504
plugged. If the owner of the oil or gas lease under which the 1,505
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 1,506
lease, the chief also shall mail notice that the well is to be 1,507
plugged to the owner of the lease or to each person owning an 1,508
interest in the lease, as appropriate.
(c) Mail notice to each person having legal title to, or a 1,511
lien upon, any equipment appurtenant to the well, informing the 1,512
person that the well is to be plugged and offering the person the 1,513
opportunity to plug the well and restore the land surface at the 1,514
well site at the person's own expense in order to avoid 1,515
forfeiture of the equipment to this state.
(2) If none of the persons described in division (C)(1)(c) 1,518
of this section plugs the well within sixty days after the 1,519
mailing of the notice required by that division, all equipment 1,520
appurtenant to the well is hereby declared to be forfeited to 1,521
this state without compensation and without the necessity for any 1,523
action by the state for use to defray the cost of plugging and 1,524
abandoning the well and restoring the land surface at the well 1,525
site.
(D) Expenditures from the fund for the purpose of division 1,527
(B)(1) of this section shall be made in accordance with either of 1,529
the following:
(1) The expenditures may be made pursuant to contracts 1,531
entered into by the chief with persons who agree to furnish all 1,533
of the materials, equipment, work, and labor as specified and 1,534
provided in such a contract. Agents or employees of persons 1,535
contracting with the chief for the restoration, plugging, and 1,536
35
injection projects may enter upon any land, public or private, 1,537
for which a project has been approved by the controlling board 1,538
and on which the well is located, for the purpose of performing 1,539
the work. Prior to such entry, the chief shall give to the 1,540
following persons written notice of the existence of a contract 1,541
for a project to restore, plug, or inject oil or gas production 1,542
wastes into a well, the names of the persons with whom the 1,543
contract is made, and the date that the project will commence: 1,544
the owner of the well, the owner of the land upon which the well 1,545
is located, the owner or agents of adjoining land, and, if the 1,546
well is located in the same township as or in a township adjacent 1,547
to the excavations and workings of a mine and the owner or lessee 1,548
of that mine has provided written notice identifying those
townships to the chief at any time during the immediately 1,549
preceding three years, the owner or lessee of the mine. 1,550
The chief periodically shall submit project proposals under 1,552
division (D)(1) of this section to the controlling board, 1,554
together with benefit and cost data and other pertinent 1,555
information. Expenditures from the fund for the purpose of
division (D)(1) of this section may be made only for restoration, 1,557
plugging, or injection projects that are approved by the 1,558
controlling board, and expenditures for a particular project may 1,559
not exceed any limits set by the board.
(2)(a) The owner of the land on which a well is located 1,562
who has received notice under division (C)(1)(b) of this section 1,563
may plug the well and be reimbursed by the division for the 1,564
reasonable cost of plugging the well. In order to plug the well, 1,565
the landowner shall submit an application to the chief on a form 1,566
prescribed by the chief and approved by the technical advisory 1,567
council on oil and gas created in section 1509.38 of the Revised 1,569
Code. The application, at a minimum, shall require the landowner 1,570
to provide the same information as is required to be included in 1,571
the application for a permit to plug and abandon under section 1,572
1509.13 of the Revised Code. The application shall be 1,573
36
accompanied by a copy of a proposed contract to plug the well 1,574
prepared by a contractor regularly engaged in the business of 1,575
plugging oil and gas wells. The proposed contract shall require 1,576
the contractor to furnish all of the materials, equipment, work, 1,577
and labor necessary to plug the well properly and shall specify 1,579
the price for doing the work, including a credit for the 1,580
equipment appurtenant to the well that was forfeited to the state 1,581
through the operation of division (C)(2) of this section. The 1,582
application also shall be accompanied by the permit fee required 1,583
by section 1509.13 of the Revised Code unless the chief, in the 1,584
chief's discretion, waives payment of the permit fee. The 1,585
application constitutes an application for a permit to plug and 1,586
abandon the well for the purposes of section 1509.13 of the 1,587
Revised Code. 1,588
(b) Within thirty days after receiving an application and 1,591
accompanying proposed contract under division (D)(2)(a) of this 1,593
section, the chief shall determine whether the plugging would 1,594
comply with the applicable requirements of this chapter and 1,595
applicable rules adopted and orders issued under it and whether 1,596
the cost of the plugging under the proposed contract is 1,597
reasonable. If the chief determines that the proposed plugging 1,599
would comply with those requirements and that the proposed cost 1,600
of the plugging is reasonable, the chief shall notify the
landowner of that determination and issue to the landowner a 1,601
permit to plug and abandon the well under section 1509.13 of the 1,602
Revised Code. Upon approval of the application and proposed 1,604
contract, the chief shall transfer ownership of the equipment 1,605
appurtenant to the well to the landowner. The chief may 1,606
disapprove an application submitted under division (D)(2)(a) of 1,608
this section if the chief determines that the proposed plugging 1,609
would not comply with the applicable requirements of this chapter 1,610
and applicable rules adopted and orders issued under it, that the 1,611
cost of the plugging under the proposed contract is unreasonable, 1,612
or that the proposed contract is not a bona fide, arms length 1,613
37
contract.
(c) After receiving the chief's notice of the approval of 1,616
the application and permit to plug and abandon a well under 1,617
division (D)(2)(b) of this section, the landowner shall enter 1,618
into the proposed contract to plug the well. The plugging shall 1,619
be completed within one hundred eight days after the landowner 1,620
receives the notice of approval and permit. 1,621
(d) Upon determining that the plugging has been completed 1,624
within the time required by division (D)(2)(c) of this section 1,626
and has been completed in compliance with the applicable 1,627
requirements of this chapter and applicable rules adopted and 1,628
orders issued under it, the chief shall reimburse the landowner 1,629
for the cost of the plugging as set forth in the proposed 1,630
contract approved by the chief. The reimbursement shall be paid 1,631
from the oil and gas well fund. If the chief determines that the 1,632
plugging was not completed within the required time or was not 1,633
completed in accordance with the applicable requirements, the 1,634
chief shall not reimburse the landowner for the cost of the 1,635
plugging, and the landowner or the contractor, as applicable,
promptly shall transfer back to this state title to and 1,637
possession of the equipment appurtenant to the well that 1,639
previously was transferred to the landowner under division 1,640
(D)(2)(b) of this section. If any such equipment was removed 1,641
from the well during the plugging and sold, the landowner shall 1,642
pay to the chief the proceeds from the sale of the equipment, and 1,643
the chief promptly shall pay the moneys so received to the 1,644
treasurer of state for deposit into the oil and gas well fund. 1,645
The chief may establish an annual limit on the number of 1,647
wells that may be plugged under division (D)(2) of this section 1,649
or an annual limit on the expenditures to be made under that 1,650
division.
As used in division (D)(2) of this section, "plug" and 1,654
"plugging" include the plugging of the well and the restoration 1,655
of the land surface disturbed by the plugging.
38
(E) Expenditures from the oil and gas well fund for the 1,657
purpose of division (B)(2) of this section may be made pursuant 1,659
to contracts entered into by the chief with persons who agree to 1,660
furnish all of the materials, equipment, work, and labor as 1,661
specified and provided in such a contract. The competitive
bidding requirements of Chapter 153. of the Revised Code do not 1,662
apply if the chief reasonably determines that correction of the 1,663
applicable health or safety risk requires immediate action. The 1,664
chief, designated representatives of the chief, and agents or 1,665
employees of persons contracting with the chief under this 1,666
division may enter upon any land, public or private, for the 1,667
purpose of performing the work. 1,668
(F) Contracts entered into by the chief under this section 1,671
are not subject to either of the following: 1,672
(1) Chapter 4115. of the Revised Code; 1,674
(2) Section 153.54 of the Revised Code, except that the 1,677
contractor shall obtain and provide to the chief as a bid 1,678
guaranty a surety bond or letter of credit in an amount equal to 1,679
ten per cent of the amount of the contract. 1,680
(G) The owner of land on which a well is located who has 1,683
received notice under division (C)(1)(b) of this section, in lieu 1,686
of plugging the well in accordance with division (D)(2) of this 1,687
section, may cause ownership of the well to be transferred to an 1,688
owner who is lawfully doing business in this state and who has 1,689
met the financial responsibility requirements established under 1,690
section 1509.07 of the Revised Code, subject to the approval of 1,693
the chief. The transfer of ownership also shall be subject to 1,694
the landowner's filing the appropriate forms required under this 1,695
chapter and providing to the chief sufficient information to 1,696
demonstrate the landowner's or owner's right to produce a
formation or formations. That information may include a deed, a 1,697
lease, or other documentation of ownership or property rights. 1,699
The chief shall approve or disapprove the transfer of 1,701
ownership of the well. If the chief approves the transfer, the 1,702
39
owner is responsible for operating the well in accordance with 1,703
this chapter and rules adopted under it, including, without 1,704
limitation, all of the following: 1,705
(1) Filing an application with the chief under section 1,707
1509.06 of the Revised Code if the owner intends to drill deeper 1,710
or produce a formation that is not listed in the records of the 1,711
division for that well;
(2) Taking title to and possession of the equipment 1,713
appurtenant to the well that has been identified by the chief as 1,714
having been abandoned by the former owner; 1,715
(3) Complying with all applicable requirements that are 1,718
necessary to drill deeper, plug the well, or plug back the well. 1,719
Sec. 1509.072. No oil or gas well owner or agent of an oil 1,728
or gas well owner shall fail to restore the land surface within 1,729
the area disturbed in siting, drilling, completing, and producing 1,730
the well as required in this section. 1,731
(A) Within five months after the date upon which the 1,733
surface drilling of a well is commenced, the owner or the owner's 1,735
agent, in accordance with the restoration plan filed under 1,737
division (J) of section 1509.06 of the Revised Code, shall fill 1,739
all the pits for containing brine, other waste substances 1,740
resulting, obtained, or produced in connection with exploration 1,741
or drilling for, or production of, oil or gas, or oil that are 1,742
not required by other state or federal law or regulation, and 1,745
remove all concrete bases, drilling supplies, and drilling 1,746
equipment. Within nine months after the date upon which the 1,747
surface drilling of a well is commenced, the owner or the owner's 1,748
agent shall grade or terrace and plant, seed, or sod the area 1,750
disturbed that is not required in production of the well where 1,751
necessary to bind the soil and prevent substantial erosion and 1,752
sedimentation. If the chief of the division of oil and gas 1,753
MINERAL RESOURCES MANAGEMENT finds that a pit used for containing 1,754
brine, other waste substances, or oil is in violation of section 1,755
1509.22 of the Revised Code or rules adopted or orders issued 1,756
40
under it, the chief may require the pit to be emptied and closed 1,759
before expiration of the five-month restoration period.
(B) Within six months after a well that has produced oil 1,761
or gas is plugged, or after the plugging of a dry hole, the owner 1,762
or the owner's agent shall remove all production and storage 1,763
structures, supplies, and equipment, and any oil, salt water, and 1,765
debris, and fill any remaining excavations. Within that period 1,766
the owner or the owner's agent shall grade or terrace and plant, 1,768
seed, or sod the area disturbed where necessary to bind the soil 1,770
and prevent substantial erosion and sedimentation. 1,771
The owner shall be released from responsibility to perform 1,773
any or all restoration requirements of this section on any part 1,774
or all of the area disturbed upon the filing of a request for a 1,775
waiver with and obtaining the written approval of the chief, 1,776
which request shall be signed by the surface owner to certify the 1,777
approval of the surface owner of the release sought. The chief 1,778
shall approve the request unless the chief finds upon inspection 1,781
that the waiver would be likely to result in substantial damage 1,782
to adjoining property, substantial contamination of surface or 1,783
underground water, or substantial erosion or sedimentation. 1,784
The chief, by order, may shorten the time periods provided 1,786
for under division (A) or (B) of this section if failure to 1,787
shorten the periods would be likely to result in damage to public 1,788
health or the waters or natural resources of the state. 1,789
The chief, upon written application by an owner or an 1,791
owner's agent showing reasonable cause, may extend the period 1,792
within which restoration shall be completed under divisions (A) 1,794
and (B) of this section, but not to exceed a further six-month 1,795
period, except under extraordinarily adverse weather conditions 1,796
or when essential equipment, fuel, or labor is unavailable to the 1,797
owner or the owner's agent. 1,798
If the chief refuses to approve a request for waiver or 1,800
extension, the chief shall do so by order. 1,801
Sec. 1509.08. Upon receipt of an application for a permit 1,810
41
required by section 1509.05 of the Revised Code, or upon receipt 1,811
of an application for a permit to plug and abandon under section 1,812
1509.13 of the Revised Code, the chief of the division of oil and 1,813
gas MINERAL RESOURCES MANAGEMENT shall determine whether the well 1,814
is or is to be located in a coal bearing township. 1,817
Whether or not the well is or is to be located in a coal 1,819
bearing township, the chief, by order, may refuse to issue a 1,820
permit required by section 1509.05 of the Revised Code to any 1,821
applicant who at the time of applying for the permit is in 1,822
material or substantial violation of this chapter or rules 1,823
adopted or orders issued under it. The chief shall refuse to 1,825
issue a permit to any applicant who at the time of applying for 1,826
the permit has been found liable by a final nonappealable order 1,827
of a court of competent jurisdiction for damage to streets, 1,828
roads, highways, bridges, culverts, or drainways pursuant to 1,829
section 4513.34 or 5577.12 of the Revised Code until the 1,830
applicant provides the chief with evidence of compliance with the 1,831
order. No applicant shall attempt to circumvent this provision 1,832
by applying for a permit under a different name or business 1,833
organization name, by transferring responsibility to another 1,834
person or entity, by abandoning the well or lease, or by any 1,835
other similar act. 1,836
If the well is not or is not to be located in a coal 1,838
bearing township, or if it is to be located in a coal bearing 1,839
township, but the landowner submits an affidavit attesting to 1,841
ownership of the property in fee simple, including the coal, and 1,842
has no objection to the well, the chief shall issue the permit.
If the application to drill, reopen, or convert concerns a 1,844
well that is or is to be located in a coal bearing township, the 1,846
chief of the division of oil and gas shall transmit to the chief 1,847
of the division of mines and reclamation two copies of the 1,848
application and three copies of the map required in section 1,849
1509.06 of the Revised Code, except that, when the affidavit with 1,850
the waiver of objection described in the preceding paragraph is 1,851
42
submitted, the chief of the division of oil and gas shall not 1,852
transmit the copies. 1,853
The chief of the division of mines and reclamation 1,855
immediately shall notify the owner or lessee of any affected mine 1,856
that the application has been filed and send to the owner or 1,858
lessee two copies of the map accompanying the application setting 1,859
forth the location of the well. 1,860
If the owner or lessee objects to the location of the well 1,862
or objects to any location within fifty feet of the original 1,863
location as a possible site for relocation of the well, the owner 1,864
or lessee shall notify the chief of the division of mines and 1,865
reclamation of the objection, giving the reasons for the 1,867
objection and, if applicable, indicating on a copy of the map the 1,868
particular location or locations within fifty feet of the 1,870
original location to which the owner or lessee objects as a site 1,871
for possible relocation of the well, within six days after the 1,872
receipt of the notice. If the chief of the division of mines and
reclamation receives no objections from the owner or lessee of 1,873
the mine within ten days after the receipt of the notice by the 1,874
owner or lessee, or if in the opinion of the chief of the 1,875
division of mines and reclamation the objections offered by the 1,876
owner or lessee are not sufficiently well founded, the chief 1,878
immediately shall notify the owner or lessee of those findings. 1,879
The owner or lessee may appeal the decision of the chief of the 1,880
division of mines and reclamation to the mine examining board 1,883
created under section 1561.10 of the Revised Code. The appeal 1,884
shall be filed within fifteen days from the date on which the 1,885
owner or lessee receives the notice. If the appeal is not filed 1,886
within that time, the chief of the division of mines and 1,887
reclamation immediately shall approve the application, retain a 1,889
copy of the application and map, and return a copy of the 1,890
application to the chief of the division of oil and gas with the 1,891
approval noted on it. The chief of the division of oil and gas 1,894
then shall AND issue the permit if the provisions of this chapter 1,895
43
pertaining to the issuance of such a permit have been complied 1,896
with. 1,897
If the chief of the division of mines and reclamation 1,899
receives an objection from the owner or lessee of the mine as to 1,901
the location of the well within ten days after receipt of the 1,902
notice by the owner or lessee, and if in the opinion of the chief 1,903
the objection is well founded, the chief shall disapprove the 1,904
application and immediately return it to the chief of the 1,906
division of oil and gas together with the reasons for disapproval 1,907
and a suggestion for SUGGEST a new location for the well, 1,908
provided that the suggested new location shall not be a location 1,909
within fifty feet of the original location to which the owner or 1,910
lessee has objected as a site for possible relocation of the well 1,911
if the chief has determined that the objection is well founded. 1,912
The chief of the division of oil and gas immediately shall notify 1,913
the applicant for the permit of the disapproval and any 1,915
suggestion made by the chief of the division of mines and 1,916
reclamation as to a new location for the well. The applicant may 1,917
withdraw the application or amend the application to drill the 1,919
well at the location suggested by the chief of the division of 1,920
mines and reclamation, or the applicant may appeal the 1,921
disapproval of the application by the chief of the division of 1,922
mines and reclamation to the mine examining board. 1,924
If the chief of the division of mines and reclamation 1,926
receives no objection from the owner or lessee of a mine as to 1,928
the location of the well, but does receive an objection from the 1,929
owner or lessee as to one or more locations within fifty feet of 1,930
the original location as possible sites for relocation of the 1,931
well within ten days after receipt of the notice by the owner or 1,932
lessee, and if in the opinion of the chief the objection is well 1,933
founded, the chief nevertheless shall approve the application and 1,934
shall return it immediately to the chief of the division of oil 1,936
and gas together with the reasons for disapproving any of the 1,937
locations to which the owner or lessee objects as possible sites 1,938
44
for relocation of the well. The chief of the division of oil and 1,939
gas then shall issue a permit if the provisions of this chapter 1,940
pertaining to the issuance of such a permit have been complied 1,941
with, incorporating as a term or condition of the permit that the 1,942
applicant is prohibited from commencing drilling at any location 1,943
within fifty feet of the original location that has been 1,944
disapproved by the chief of the division of mines and 1,945
reclamation. The applicant may appeal to the mine examining 1,946
board the terms and conditions of the permit prohibiting the 1,947
commencement of drilling at any such location disapproved by the 1,948
chief of the division of mines and reclamation. 1,949
Any such appeal shall be filed within fifteen days from the 1,951
date the applicant receives notice of the disapproval of the 1,952
application, any other location within fifty feet of the original 1,953
location, or terms or conditions of the permit, or the owner or 1,954
lessee receives notice of the chief's decision. No approval or 1,955
disapproval of an application shall be delayed by the chief of 1,956
the division of mines and reclamation for more than fifteen days 1,957
from the date of sending the notice of the application to the 1,959
mine owner or lessee as required by this section. 1,960
All appeals provided for in this section shall be treated 1,962
as expedited appeals. The mine examining board shall hear any 1,963
such appeal in accordance with section 1561.53 of the Revised 1,964
Code and render a decision within thirty days of the filing of 1,966
the appeal.
The chief of the division of oil and gas shall not issue a 1,968
permit to drill a new well or reopen a well that is or is to be 1,970
located within three hundred feet of any opening of any mine used
as a means of ingress, egress, or ventilation for persons 1,971
employed in the mine, nor within one hundred feet of any building 1,973
or inflammable structure connected with the mine and actually 1,975
used as a part of the operating equipment of the mine, unless the
chief of the division of mines and reclamation determines that 1,977
life or property will not be endangered by drilling and operating 1,979
45
the well in that location. 1,980
The chief of the division of mines and reclamation may 1,982
suspend the drilling or reopening of a well in a coal bearing 1,983
township after determining that the drilling or reopening 1,984
activities present an imminent and substantial threat to public 1,985
health or safety or to miners' health or safety and having been 1,986
unable to contact the chief of the division of oil and gas to 1,988
request an order of suspension under section 1509.06 of the 1,989
Revised Code. Before issuing a suspension order for this 1,990
purpose, the chief of the division of mines and reclamation shall 1,991
notify the owner in a manner that in the chief's judgment would 1,993
provide reasonable notification that the chief intends to issue a 1,994
suspension order. The chief may issue such an order without 1,995
prior notification if reasonable attempts to notify the owner 1,996
have failed, but in that event notification shall be given as 1,997
soon thereafter as practical. Within five calendar days after 1,998
the issuance of the order, the chief shall provide the owner an 1,999
opportunity to be heard and to present evidence that the
activities do not present an imminent and substantial threat to 2,000
public health or safety or to miners' health or safety. If, 2,001
after considering the evidence presented by the owner, the chief 2,002
determines that the activities do not present such a threat, the 2,003
chief shall revoke the suspension order. An owner may appeal a 2,004
suspension order issued by the chief of the division of mines and 2,005
reclamation under this section to the mine examining board or may 2,006
appeal the order directly to the court of common pleas of the 2,007
county in which the well is located.
Sec. 1509.09. A well may be drilled under a permit only at 2,016
the location designated on the map required in section 1509.06 of 2,017
the Revised Code. The location of a well may be changed after 2,018
the issuance of a permit only with the approval of the chief of 2,019
the division of oil and gas and, if the well is located in a coal 2,020
bearing township, with the approval of the chief of the division 2,022
of mines and reclamation the same as required in section 1509.08 2,023
46
of the Revised Code for the application for a permit to drill a 2,024
well MINERAL RESOURCES MANAGEMENT unless the permit holder 2,026
requests the issuance of an emergency drilling permit under this 2,027
section due to a lost hole under such circumstances that 2,028
completion of the well is not feasible at the original location. 2,029
If a permit holder requests a change of location, he THE PERMIT 2,030
HOLDER shall return the original permit and file an amended map 2,032
indicating the proposed new location.
Drilling shall not be commenced at a new location until the 2,034
original permit bearing a notation of approval by the chief is 2,035
posted at the well site. However, a permit holder may commence 2,036
drilling at a new location without first receiving the prior 2,037
approval required by this section, if all of the following 2,038
conditions are met: 2,039
(A) Within one working day after spudding the new well, 2,041
the permit holder files a request for an emergency drilling 2,042
permit and submits to the chief an application for a permit that 2,043
meets the requirements of section 1509.06 of the Revised Code, 2,044
including the permit fee required by that section, with an 2,045
amended map showing the new location; 2,046
(B) An oil and gas well A MINERAL RESOURCES inspector is 2,048
present before spudding operations are commenced at the location; 2,050
(C) The original well is plugged prior to the skidding of 2,052
the drilling rig to the new location, and the plugging is 2,053
witnessed or verified by an oil and gas well A MINERAL RESOURCES 2,054
inspector or, if the well is located in a coal bearing township, 2,056
the gas storage well inspector or BOTH a deputy mine INSPECTOR 2,057
AND A MINERAL RESOURCES inspector unless the chief or his THE 2,059
CHIEF'S authorized representative temporarily waives the 2,060
requirement, but in any event the original well shall be plugged 2,061
before the drilling rig is moved from the location; 2,062
(D) The new location is within fifty feet of the original 2,064
location unless, upon request of the permit holder, the chief of 2,065
the division of oil and gas, with the approval of the chief of 2,066
47
the division of mines and reclamation if the well is located in a 2,067
coal bearing township, agrees to a new location farther than 2,068
fifty feet from the original location; 2,069
(E) The new location meets all the distance and spacing 2,071
requirements prescribed by rules adopted under sections 1509.23 2,072
and 1509.24 of the Revised Code; 2,073
(F) If the well is located in a coal bearing township, use 2,075
of the new well location has not been disapproved by the chief of 2,076
the division of mines and reclamation and has not been prohibited 2,077
as a term or condition of the permit under section 1509.08 of the 2,079
Revised Code. 2,080
If the chief of the division of oil and gas approves the 2,082
change of location, he THE CHIEF shall issue an emergency permit 2,084
within two working days after the filing of the request for the 2,085
emergency permit. If the chief disapproves the change of 2,086
location, he THE CHIEF shall, by order, deny the request and may 2,087
issue an appropriate enforcement order under section 1509.03 of 2,088
the Revised Code.
Sec. 1509.10. Any person drilling within the state shall, 2,097
within thirty days after the completion of the well, file with 2,098
the division of oil and gas MINERAL RESOURCES MANAGEMENT an 2,099
accurate log designating: 2,100
(A) The purpose for which the well was drilled; 2,102
(B) The character, depth, and thickness of geological 2,104
formations encountered, including fresh water, coal seams, 2,105
mineral beds, brine, and oil and gas bearing formations; 2,106
(C) The length in feet of the various sizes of casing and 2,108
tubing used in drilling the well, the amount removed after 2,109
completion, the type and setting depth of each packer, and all 2,110
other data relating to mudding in the annular space behind such 2,111
casing or tubing, indicating completion as a dry, gas, oil, 2,112
combination oil and gas, brine, or artificial brine well; 2,113
(D) The elevation above mean sea level of the point from 2,115
which the depth measurements were made, stating also the height 2,116
48
of the point above ground level at the well. 2,117
The log shall be submitted in duplicate. The first copy 2,119
shall be retained as a permanent record in the files of the 2,120
division, and the second copy shall be transmitted by the chief 2,121
of the division of oil and gas MINERAL RESOURCES MANAGEMENT to 2,122
the division of geological survey. 2,124
Any electric log, or radioactivity log, or other 2,126
geophysical log, if made in connection with the well shall be 2,127
filed with the division and the chief shall transmit such logs to 2,128
the division of geological survey. Such logs may be retained by 2,129
the owner for a period of not more than six months, or such 2,130
additional time as may be granted by the chief in writing, after 2,131
the completion of the well substantially to the depth shown in 2,132
the application required by section 1509.06 of the Revised Code. 2,133
Upon request in writing by the chief of the division of 2,135
geological survey prior to the beginning of drilling of the well, 2,136
the person drilling the well shall make available a complete set 2,137
of cuttings accurately identified as to depth. 2,138
The form of the log required by this section shall be one 2,140
which THAT has been approved by the chief of the division of oil 2,142
and gas MINERAL RESOURCES MANAGEMENT and the chief of the 2,143
division of geological survey. The filing of a log as required 2,145
by this section fulfills the requirement of filing a log with the 2,146
chief of the division of geological survey in section 1505.04 of 2,147
the Revised Code.
Sec. 1509.11. The owner of any well producing or capable 2,156
of producing oil or gas shall file with the chief of the division 2,157
of oil and gas MINERAL RESOURCES MANAGEMENT, on or before the 2,158
fifteenth day of April, a statement of production of oil, gas, 2,159
and brine for the last preceding calendar year in such form as 2,160
the chief may prescribe.
Sec. 1509.12. No owner of any well shall permit defective 2,169
casing or tubing in such well to leak fluids or gas which THAT 2,170
may cause damage to other permeable strata. Upon notice from the 2,172
49
chief of the division of oil and gas MINERAL RESOURCES 2,174
MANAGEMENT, such owner shall immediately repair such tubing or 2,175
casing or plug and abandon such well. 2,176
Unless written permission is granted by the chief, any well 2,178
which THAT is or becomes incapable of producing oil or gas in 2,179
commercial quantities shall be plugged, but no well shall be 2,180
required to be plugged under this section which THAT is being 2,181
used to produce oil or gas for domestic purposes, or which THAT 2,183
is being lawfully used for a purpose other than production of oil 2,184
or gas. When the chief finds that a well should be plugged, he 2,185
THE CHIEF shall notify the owner to that effect by order in 2,186
writing and shall specify in such order a reasonable time within 2,187
which to comply. No owner shall fail or refuse to plug a well 2,188
within the time specified in the order. Each day on which such a 2,189
well remains unplugged thereafter constitutes a separate offense. 2,190
Where the plugging method prescribed by rules adopted 2,192
pursuant to section 1509.15 of the Revised Code cannot be applied 2,193
or if applied would be ineffective in carrying out the protection 2,194
which THAT the law is meant to give, the chief of the division of 2,196
oil and gas, or if a well is located in a coal-bearing township, 2,197
the chief of the division of mines and reclamation, by order, may 2,198
designate a different method of plugging. The abandonment report 2,199
shall show the manner in which the well was plugged. 2,200
In case of oil or gas wells abandoned prior to September 1, 2,202
1951, the board of county commissioners of the county in which 2,203
such wells are located may submit to the electors of the county 2,204
the question of establishing a special fund, by special levy, 2,205
bond issue, or out of current funds, which shall be approved by a 2,206
majority of the electors voting upon such question for the 2,207
purpose of plugging such wells. The fund shall be administered 2,208
by the board and the plugging of oil and gas wells shall be under 2,209
the supervision of the chief of the division of oil and gas, and 2,210
the board shall let contracts for such purpose, provided that 2,211
such fund shall not be used for the purpose of plugging oil and 2,212
50
gas wells which THAT were abandoned subsequent to September 1, 2,213
1951. 2,214
Sec. 1509.13. No person shall plug and abandon a well 2,223
without having a permit to do so issued by the chief of the 2,224
division of oil and gas MINERAL RESOURCES MANAGEMENT. The permit 2,226
shall be issued by the chief in accordance with this chapter, and 2,227
the chief may establish by rule a period of time from date of 2,228
issue during which permits will be valid. Application by the 2,229
owner for a permit to plug and abandon shall be filed as many 2,230
days in advance as will be necessary for an oil and gas well A 2,231
MINERAL RESOURCES inspector or, if the well is located in a coal 2,233
bearing township, the gas storage well inspector or BOTH a deputy 2,234
mine INSPECTOR AND A MINERAL RESOURCES inspector to be present at 2,236
the plugging. The application shall be filed with the chief upon 2,237
a form that the chief prescribes and shall contain the following 2,240
information:
(A) The name and address of the owner; 2,242
(B) The signature of the owner or the owner's authorized 2,244
agent. When an authorized agent signs an application, it shall 2,246
be accompanied by a certified copy of the appointment as that 2,248
agent.
(C) The location of the well identified by section or lot 2,250
number, city, village, township, and county; 2,251
(D) Designation of well by name and number; 2,253
(E) The total depth of the well to be plugged; 2,255
(F) The date and amount of last production from the well; 2,257
(G) Other data that the chief may require. 2,260
If oil or gas has been produced from the well, the 2,262
application shall be accompanied by a fee of fifty dollars. If a 2,263
new dry well has been drilled in accordance with law and the 2,264
permit is still valid, the permit holder may receive approval to 2,265
plug the well from an oil and gas well A MINERAL RESOURCES 2,266
inspector or, if the well is located in a coal bearing township, 2,268
the gas storage well inspector or BOTH a deputy mine INSPECTOR 2,269
51
AND A MINERAL RESOURCES inspector so that the well can be plugged 2,272
and abandoned without undue delay. No well located outside a 2,273
coal bearing township shall be plugged and abandoned without an 2,274
oil and gas well A MINERAL RESOURCES inspector present unless 2,275
permission has been granted by the chief of the division of oil 2,276
and gas, and no well located within a coal bearing township shall 2,277
be plugged and abandoned without the gas storage well inspector 2,278
or a deputy mine inspector present unless permission has been 2,279
granted by the chief of the division of mines and reclamation. 2,281
The owner of the well shall give written notice at the same time 2,282
to the owner of the land upon which the well is located, the 2,283
owners or agents of adjoining land, adjoining well owners or 2,284
agents, and, if the well penetrates or passes within one hundred 2,285
feet of the excavations and workings of a mine, the owner or 2,286
lessee of that mine, of the well owner's intention to abandon the 2,287
well and of the time when the well owner will be prepared to 2,288
commence plugging it.
An applicant may file a request with the chief of the 2,290
division of oil and gas for expedited review of an application 2,291
for a permit to plug and abandon a well. The chief may refuse to 2,294
accept a request for expedited review if, in the chief's
judgment, acceptance of the request will prevent the issuance, 2,295
within twenty-one days of filing, of permits for which 2,296
applications filed under section 1509.06 of the Revised Code are 2,297
pending. In addition to a complete application for a permit that 2,298
meets the requirements of this section and the permit fee 2,299
prescribed by this section, if applicable, a request shall be 2,300
accompanied by a nonrefundable filing fee of two hundred fifty 2,301
dollars unless the chief has ordered the applicant to plug and 2,302
abandon the well. When a request for expedited review is filed, 2,303
the chief shall immediately begin to process the application and 2,304
shall issue a permit within seven days of the filing of the 2,305
request unless the chief, by order, denies the application. 2,307
Upon filing of an application for a permit to plug and 2,309
52
abandon a well that is located in a coal bearing township, the 2,310
chief shall cause the chief of the division of mines and 2,311
reclamation to be notified of the filing of the permit 2,312
application by telephone or other means that in the judgment of 2,313
the chief would provide timely notice of the application. 2,315
This section does not apply to a well plugged or abandoned 2,317
in compliance with section 1571.05 of the Revised Code. 2,319
Sec. 1509.14. Any person who abandons a well, when written 2,328
permission has been granted by the chief of the division of oil 2,329
and gas or the chief of the division of mines and reclamation 2,331
MINERAL RESOURCES MANAGEMENT to abandon and plug the well without 2,333
an inspector being present to supervise the plugging, shall make 2,335
a written report of the abandonment to the chief of the division 2,336
of oil and gas regardless of which chief granted permission for 2,337
the abandonment. The report shall be submitted to the chief of 2,339
the division of oil and gas not later than thirty days after the 2,341
date of abandonment and shall include all of the following: 2,343
(A) The date of abandonment; 2,345
(B) The name of the owner or operator of the well at the 2,347
time of abandonment and the post-office address of the owner or 2,349
operator; 2,350
(C) The location of the well as to township and county and 2,353
the name of the owner of the surface upon which the well is 2,354
drilled, with the address thereof; 2,355
(D) The date of the permit to drill; 2,357
(E) The date when drilled; 2,359
(F) The depth of the well; 2,361
(G) The depth of the top of the formation to which the 2,363
well was drilled; 2,364
(H) The depth of each seam of coal drilled through; 2,366
(I) A detailed report as to how the well was plugged, 2,369
giving in particular the manner in which the coal and various 2,370
formations were plugged, and the date of the plugging of the 2,372
well, including the names of those who witnessed the plugging of 2,374
53
the well.
The report shall be signed by the owner or operator, or the 2,377
agent of the owner or operator, who abandons and plugs the well 2,378
and verified by the oath of the party so signing. For the 2,380
purposes of this section, the oil and gas well inspectors, gas 2,381
storage well inspectors, or deputy mine MINERAL RESOURCES 2,382
inspectors may take acknowledgments and administer oaths to the 2,384
parties signing the report.
Sec. 1509.15. When any well is to be abandoned, it shall 2,393
first be plugged in accordance with a method of plugging adopted 2,394
by rule by the chief of the division of oil and gas, except that 2,395
if a well is located in a coal-bearing township, it shall be 2,396
plugged in accordance with a method of plugging adopted by rule 2,397
by the chief of the division of mines and reclamation MINERAL 2,398
RESOURCES MANAGEMENT. The abandonment report shall show the 2,400
manner in which the well was plugged.
Sec. 1509.17. Any person who drills a well shall, before 2,409
drilling into the principal or major producing formation therein, 2,410
encase such well with good and sufficient wrought iron or steel 2,411
casing so as to exclude all surface, fresh, or salt water from 2,412
any part of such well penetrating the oil or gas bearing sand or 2,413
rock or fresh water strata. The method of placing such casing 2,414
shall be approved by the chief of the division of oil and gas, 2,415
MINERAL RESOURCES MANAGEMENT and shall be in accord with the most 2,417
approved method used in the operation of such type of well. The 2,418
chief may, in lieu of the casing method outlined in this section, 2,419
accept adequate mudding methods with prepared clay in the annular 2,420
space behind such casing in sufficient quantities to shut of OFF 2,421
all gas or oil and which THAT will exclude all surface, fresh, or 2,422
salt water from any part of such well penetrating the oil, gas, 2,424
or mineral bearing formation, or fresh water strata. 2,425
Written approval from the chief is required in each case. 2,427
In the operation of a gas well, it is permissible, with the 2,428
written consent of the chief, to withdraw all casing in such 2,429
54
well, leaving only the tubing and the packer therein, provided 2,430
that such well is filled with prepared clay from the top of such 2,431
packer to the surface, as each succeeding string of casing in 2,432
such well is withdrawn. When the well penetrates the excavations 2,433
of a mine, the casing shall remain intact as provided in section 2,434
1509.18 of the Revised Code and be plugged and abandoned in 2,435
accordance with section 1509.15 of the Revised Code. 2,436
Sec. 1509.18. Any person who drills a well within the 2,445
limits of a mining operation shall give consideration for the 2,446
safety of the men PERSONNEL working in such mine, and, if 2,447
possible, shall locate such well so as to penetrate a pillar. 2,448
If a well is to be drilled within the limits of a mining 2,450
operation which THAT may penetrate the excavation of a mine, the 2,451
hole shall be reduced approximately fifteen feet above the roof 2,453
of the mine. If roof conditions at the mine warrant, the hole 2,454
shall be reduced in the rock formation immediately above such 2,455
mine, and a string of casing placed upon the shoulder so as to 2,456
shut off all water, then drilling shall be continued to a point 2,457
approximately thirty feet below the floor of the mine and another 2,458
string of casing set. Both strings of casing shall be 2,459
approximately the same diameter as the diameter of the hole. 2,460
If no water is encountered between the bottom of the drive 2,462
pipe and the approximate casing shoulder above the roof of such 2,463
mine, in lieu of the casing method outlined above, it is 2,464
permissible to use the following casing method: the hole shall 2,465
be drilled thirty feet below the floor of the mine and a string 2,466
of casing shall be extended from the surface to a point thirty 2,467
feet below the floor of the mine with a packer of sufficient size 2,468
attached to such string of casing. Such packer shall be placed 2,469
so that it will be below all water and will be located in the 2,470
rock formation immediately above such mine and shall prevent 2,471
water or destructive matter from entering therein. Then the 2,472
annular space above such packer between the casing and well wall 2,473
shall be filled with prepared clay a minimum distance of fifty 2,474
55
feet. 2,475
If a well is drilled within the limits of a mining 2,477
operation and does not penetrate the excavations of a mine, the 2,478
hole shall be reduced thirty feet below the coal or mineral which 2,479
THAT is being mined and a string of casing placed at this point. 2,480
The annular space behind such casing shall be filled with neat 2,481
cement from the casing seat to a point not less than fifty feet 2,482
above such seam of coal or mineral which THAT is being mined. 2,483
The packer method, outlined in this section, is also permissible 2,485
in this type of well. 2,486
It is permissible to attach a release coupling or a right 2,488
and left nipple to the string of casing that extends through the 2,489
mine, but such release coupling or right and left nipple shall be 2,490
placed in such a manner that it is above the packer or at least 2,491
twenty feet above the coal or mineral that is being mined. 2,492
In wells penetrating the excavation of a mine, the casing 2,494
shall be enclosed, if possible, with a column extending from the 2,495
floor to the roof of such mine, built of brick or other suitable 2,496
material, subject to the approval of the chief of the division of 2,498
mines and reclamation MINERAL RESOURCES MANAGEMENT. If the chief 2,499
finds the method prescribed in this section unsafe, inadequate, 2,500
or not suitable, he THE CHIEF shall require such method to be 2,501
altered in such manner that it will be safe. 2,502
Sec. 1509.21. No person shall, without first having 2,511
obtained a permit from the chief of the division of oil and gas 2,512
MINERAL RESOURCES MANAGEMENT, conduct secondary or additional 2,514
recovery operations, including any underground injection of 2,515
fluids for the secondary or tertiary recovery of oil or natural 2,516
gas or for the storage of hydrocarbons that are liquid at 2,517
standard temperature or pressure, unless a rule of the chief 2,518
expressly authorizes such operations without a permit. Such 2,519
permit shall be in addition to any permit required by section 2,520
1509.05 of the Revised Code. Secondary or additional recovery 2,521
operations shall be conducted in accordance with rules and orders 2,522
56
of the chief and any terms or conditions of the permit
authorizing such operations. Rules adopted under this section 2,523
shall include provisions regarding applications for and the 2,524
issuance of permits; the terms and conditions of permits; entry 2,525
to conduct inspections and to examine records to ascertain 2,526
compliance with this section and rules, orders, and terms and 2,527
conditions of permits ADOPTED OR issued thereunder; the provision 2,528
and maintenance of information through monitoring, recordkeeping, 2,529
and reporting; and other provisions in furtherance of the goals 2,530
of this section and the "Safe Drinking Water Act." To implement 2,531
the goals of the "Safe Drinking Water Act," 88 Stat. 1661, 42 2,533
U.S.C.A 300(f), as amended, the chief shall not issue a permit 2,534
for the underground injection of fluids for the secondary or 2,535
tertiary recovery of oil or natural gas or for the storage of 2,536
hydrocarbons that are liquid at standard temperature and 2,537
pressure, unless the chief concludes that the applicant has 2,538
demonstrated that the injection will not result in the presence 2,539
of any contaminant in underground water that supplies or can be 2,540
reasonably expected to supply any public water system, such that 2,541
the presence of any such contaminant may result in the system's 2,542
not complying with any national primary drinking water regulation 2,543
or may otherwise adversely affect the health of persons. Rules, 2,544
orders, and terms or conditions of permits ADOPTED OR issued 2,545
under this section shall be construed to be no more stringent 2,546
that THAN required for compliance with the Safe Drinking Water 2,547
Act, unless essential to ensure that underground sources of 2,548
drinking water will not be endangered. 2,549
Sec. 1509.22. (A) Except when acting in accordance with 2,558
section 1509.226 of the Revised Code, no person shall place or 2,559
cause to be placed brine in surface or ground water or in or on 2,560
the land in such quantities or in such manner as actually causes 2,561
or could reasonably be anticipated to cause either of the 2,562
following:
(1) Water used for consumption by humans or domestic 2,564
57
animals to exceed the standards of the Safe Drinking Water Act; 2,566
(2) Damage or injury to public health or safety or the 2,568
environment. 2,569
(B) No person shall store or dispose of brine in violation 2,571
of a plan approved under division (A) of section 1509.222 or 2,572
section 1509.226 of the Revised Code, in violation of a 2,573
resolution submitted under section 1509.226 of the Revised Code, 2,574
or in violation of rules or orders applicable to those plans or 2,576
resolutions. 2,577
(C) The chief of the division of oil and gas MINERAL 2,579
RESOURCES MANAGEMENT shall adopt rules and issue orders regarding 2,581
storage and disposal of brine and other waste substances; 2,582
however, the storage and disposal of brine and the chief's rules 2,583
relating to storage and disposal are subject to all of the 2,584
following standards:
(1) Brine from any well except an exempt Mississippian 2,586
well shall be disposed of only by injection into an underground 2,588
formation, including annular disposal if approved by rule of the 2,589
chief, which injection shall be subject to division (D) of this 2,590
section; by surface application in accordance with section 2,591
1509.226 of the Revised Code; in association with a method of 2,592
enhanced recovery as provided in section 1509.21 of the Revised 2,593
Code; or by other methods approved by the chief for testing or 2,594
implementing a new technology or method of disposal. Brine from 2,595
exempt Mississippian wells shall not be discharged directly into 2,596
the waters of the state. 2,597
(2) Muds, cuttings, and other waste substances shall not 2,599
be disposed of in violation of any rule; 2,600
(3) Pits may be used for containing brine and other waste 2,602
substances resulting from, obtained from, or produced in 2,603
connection with drilling, fracturing, reworking, reconditioning, 2,605
plugging back, or plugging operations, but the pits shall be 2,606
constructed and maintained to prevent the escape of brine and 2,608
other waste substances. A dike or pit may be used for spill 2,610
58
prevention and control. A dike or pit so used shall be 2,611
constructed and maintained to prevent the escape of brine, and 2,612
the reservoir within such a dike or pit shall be kept reasonably 2,613
free of brine and other waste substances. 2,614
(4) Earthen impoundments constructed pursuant to the 2,616
division's specifications may be used for the temporary storage 2,617
of brine and other waste substances in association with a 2,618
saltwater injection well, an enhanced recovery project, or a 2,619
solution mining project; 2,620
(5) No pit, earthen impoundment, or dike shall be used for 2,622
the temporary storage of brine except in accordance with 2,623
divisions (C)(3) and (4) of this section; 2,624
(6) No pit or dike shall be used for the ultimate disposal 2,626
of brine. 2,627
(D) No person, without first having obtained a permit from 2,630
the chief, shall inject brine or other waste substances resulting 2,631
from, obtained from, or produced in connection with oil or gas 2,633
drilling, exploration, or production into an underground 2,634
formation unless a rule of the chief expressly authorizes the 2,635
injection without a permit. The permit shall be in addition to 2,636
any permit required by section 1509.05 of the Revised Code, and 2,637
the permit application shall be accompanied by a permit fee of 2,638
one hundred dollars. The chief shall adopt rules in accordance 2,639
with Chapter 119. of the Revised Code regarding the injection 2,640
into wells of brine and other waste substances resulting from, 2,641
obtained from, or produced in connection with oil or gas 2,642
drilling, exploration, or production. The rules shall include 2,643
provisions regarding applications for and issuance of the permits 2,644
required by this division; entry to conduct inspections and to 2,645
examine and copy records to ascertain compliance with this 2,646
division and rules, orders, and terms and conditions of permits 2,647
adopted or issued under it; the provision and maintenance of 2,648
information through monitoring, recordkeeping, and reporting; and 2,650
other provisions in furtherance of the goals of this section and 2,651
59
the Safe Drinking Water Act. To implement the goals of the Safe 2,652
Drinking Water Act, the chief shall not issue a permit for the 2,654
injection of brine or other waste substances resulting from, 2,655
obtained from, or produced in connection with oil or gas 2,657
drilling, exploration, or production unless the chief concludes 2,658
that the applicant has demonstrated that the injection will not 2,659
result in the presence of any contaminant in ground water that 2,660
supplies or can reasonably be expected to supply any public water 2,661
system, such that the presence of the contaminant may result in 2,662
the system's not complying with any national primary drinking 2,663
water regulation or may otherwise adversely affect the health of 2,664
persons. This division and rules, orders, and terms and 2,665
conditions of permits adopted or issued under it shall be 2,666
construed to be no more stringent than required for compliance 2,668
with the Safe Drinking Water Act unless essential to ensure that 2,669
underground sources of drinking water will not be endangered. 2,670
(E) The owner holding a permit, or an assignee or 2,672
transferee who has assumed the obligations and liabilities 2,673
imposed by this chapter and any rules adopted or orders issued 2,675
under it pursuant to section 1509.31 of the Revised Code, and the 2,677
operator of a well shall be liable for a violation of this 2,678
section or any rules adopted or orders or terms or conditions of 2,679
a permit issued under it.
(F) An owner shall replace the water supply of the holder 2,681
of an interest in real property who obtains all or part of the 2,683
holder's supply of water for domestic, agricultural, industrial, 2,684
or other legitimate use from an underground or surface source 2,685
where the supply has been substantially disrupted by 2,686
contamination, diminution, or interruption proximately resulting 2,687
from the owner's oil or gas operation, or the owner may elect to 2,688
compensate the holder of the interest in real property for the 2,689
difference between the fair market value of the interest before 2,690
the damage occurred to the water supply and the fair market value 2,691
after the damage occurred if the cost of replacing the water 2,692
60
supply exceeds this difference in fair market values. However, 2,693
during the pendency of any order issued under this division, the 2,694
owner shall obtain for the holder or shall reimburse the holder 2,695
for the reasonable cost of obtaining a water supply from the time 2,696
of the contamination, diminution, or interruption by the 2,697
operation until the owner has complied with an order of the chief 2,698
for compliance with this division or such an order has been 2,699
revoked or otherwise becomes not effective. If the owner elects 2,700
to pay the difference in fair market values, but the owner and 2,701
the holder have not agreed on the difference within thirty days 2,702
after the chief issues an order for compliance with this 2,703
division, within ten days after the expiration of that thirty-day 2,704
period, the owner and the chief each shall appoint an appraiser 2,706
to determine the difference in fair market values, except that 2,707
the holder of the interest in real property may elect to appoint 2,708
and compensate the holder's own appraiser, in which case the 2,709
chief shall not appoint an appraiser. The two appraisers 2,711
appointed shall appoint a third appraiser, and within thirty days 2,712
after the appointment of the third appraiser, the three 2,713
appraisers shall hold a hearing to determine the difference in 2,714
fair market values. Within ten days after the hearing, the 2,715
appraisers shall make their determination by majority vote and 2,716
issue their final determination of the difference in fair market 2,717
values. The chief shall accept a determination of the difference 2,718
in fair market values made by agreement of the owner and holder 2,719
or by appraisers under this division and shall make and dissolve 2,720
orders accordingly. This division does not affect in any way the 2,721
right of any person to enforce or protect, under applicable law, 2,722
the person's interest in water resources affected by an oil or 2,723
gas operation.
(G) In any action brought by the state for a violation of 2,725
division (A) of this section involving any well at which annular 2,726
disposal is used, there shall be a rebuttable presumption 2,727
available to the state that the annular disposal caused the 2,728
61
violation if the well is located within a one-quarter mile radius 2,729
of the site of the violation. 2,730
Sec. 1509.221. No person, without first having obtained a 2,739
permit from the chief of the division of oil and gas MINERAL 2,740
RESOURCES MANAGEMENT, shall drill a well or inject a substance 2,742
into a well for the exploration for or extraction of minerals or 2,743
energy, other than oil or natural gas, including, but not limited 2,744
to, the mining of sulfur by the Frasch process, the solution 2,745
mining of minerals, the in situ combustion of fossil fuel, or the 2,746
recovery of geothermal energy to produce electric power, unless a 2,747
rule of the chief expressly authorizes the activity without a 2,748
permit. The permit shall be in addition to any permit required 2,749
by section 1509.05 of the Revised Code. The chief shall adopt 2,750
rules in accordance with Chapter 119. of the Revised Code 2,751
governing the issuance of permits under this section. The rules 2,752
shall include provisions regarding the matters the applicant for 2,753
a permit shall demonstrate to establish eligibility for a permit; 2,754
the form and content of applications for permits; the terms and 2,755
conditions of permits; entry to conduct inspections and to 2,756
examine and copy records to ascertain compliance with this 2,757
section and rules, orders, and terms and conditions of permits 2,758
ADOPTED OR issued thereunder; provision and maintenance of 2,759
information through monitoring, recordkeeping, and reporting; and 2,760
other provisions in furtherance of the goals of this section and 2,761
the "Safe Drinking Water Act," 88 Stat. 1661, 42 U.S.C.A. 2,762
300(f), as amended. To implement the goals of the Safe Drinking 2,763
Water Act, the chief shall not issue a permit under this section, 2,764
unless he THE CHIEF concludes that the applicant has demonstrated 2,766
that the drilling, injection of a substance, and extraction of 2,767
minerals or energy will not result in the presence of any 2,768
contaminant in underground water that supplies or can reasonably 2,769
be expected to supply any public water system, such that the 2,770
presence of the contaminant may result in the system's not 2,771
complying with any national primary drinking water regulation or 2,772
62
may otherwise adversely affect the health of persons. The chief 2,773
may issue, without a prior adjudication hearing, orders requiring 2,774
compliance with this section and rules, orders, and terms and 2,775
conditions or OF permits ADOPTED OR issued thereunder. This 2,776
section and rules, orders, and terms and conditions of permits 2,777
ADOPTED OR issued thereunder shall be construed to be no more 2,779
stringent than required for compliance with the Safe Drinking 2,780
Water Act, unless essential to ensure that underground sources of 2,781
drinking water will not be endangered. 2,782
In an action under section 1509.04 or 1509.33 of the 2,784
Revised Code to enforce this section, the court shall grant 2,785
preliminary and permanent injunctive relief and impose a civil 2,786
penalty upon the showing that the person against whom the action 2,787
is brought has violated, is violating, or will violate this 2,788
section or rules, orders, or terms or conditions of permits 2,789
ADOPTED OR issued thereunder. The court shall not require, prior 2,790
to granting such preliminary and permanent injunctive relief or 2,791
imposing a civil penalty, proof that the violation was, is, or 2,792
will be the result of intentional conduct or negligence. In any 2,793
such action, any person may intervene as a plaintiff upon the 2,794
demonstration that the person has an interest that is or may be 2,795
adversely affected by the activity for which injunctive relief or 2,796
a civil penalty is sought. 2,797
Sec. 1509.222. (A)(1) Except as provided in section 2,806
1509.226 of the Revised Code, no person shall transport brine by 2,807
vehicle in this state unless the business entity that employs the 2,808
person first registers with and obtains a registration 2,809
certificate and identification number from the chief of the 2,810
division of oil and gas MINERAL RESOURCES MANAGEMENT. 2,811
(2) No more than one registration certificate shall be 2,813
required of any business entity. Registration certificates 2,814
issued under this section are not transferable. An applicant 2,816
shall file an application with the chief, containing such 2,817
information in such form as the chief prescribes, but including a 2,818
63
plan for disposal that provides for compliance with the 2,819
requirements of this chapter and rules of the chief pertaining to 2,820
the transportation of brine by vehicle and the disposal of brine 2,821
so transported and that lists all disposal sites that the 2,822
applicant intends to use, the bond required by section 1509.225 2,823
of the Revised Code, and a certificate issued by an insurance 2,824
company authorized to do business in this state certifying that 2,825
the applicant has in force a liability insurance policy in an 2,826
amount not less than three hundred thousand dollars bodily injury 2,827
coverage and three hundred thousand dollars property damage 2,828
coverage to pay damages for injury to persons or property caused 2,829
by the collecting, handling, transportation, or disposal of 2,830
brine. The policy shall be maintained in effect during the term 2,831
of the registration certificate. The policy or policies 2,832
providing the coverage shall require the insurance company to 2,834
give notice to the chief if the policy or policies lapse for any 2,835
reason. Upon such termination of the policy, the chief may 2,836
suspend the registration certificate until proper insurance 2,837
coverage is obtained. Each application for a registration 2,838
certificate shall be accompanied by a nonrefundable fee of five 2,839
hundred dollars. 2,840
(B) The chief shall issue an order denying an application 2,842
for a registration certificate if the chief finds that either of 2,843
the following applies: 2,844
(1) The applicant, at the time of applying for the 2,846
registration certificate, has been found liable by a final 2,847
nonappealable order of a court of competent jurisdiction for 2,848
damage to streets, roads, highways, bridges, culverts, or 2,849
drainways pursuant to section 4513.34 or 5577.12 of the Revised 2,850
Code until the applicant provides the chief with evidence of 2,851
compliance with the order; 2,852
(2) The applicant's plan for disposal does not provide for 2,854
compliance with the requirements of this chapter and rules of the 2,855
chief pertaining to the transportation of brine by vehicle and 2,856
64
the disposal of brine so transported. 2,857
(C) No applicant shall attempt to circumvent division (B) 2,859
of this section by applying for a registration certificate under 2,860
a different name or business organization name, by transferring 2,861
responsibility to another person or entity, or by any similar 2,862
act. 2,863
(D) A registered transporter shall apply to revise a 2,865
disposal plan under procedures that the chief shall prescribe by 2,866
rule. However, at a minimum, an application for a revision shall 2,867
list all sources and disposal sites of brine currently 2,868
transported. The chief shall deny any application for a 2,869
revision of a plan under this division if the chief finds that 2,870
the proposed revised plan does not provide for compliance with 2,871
the requirements of this chapter and rules of the chief 2,872
pertaining to the transportation of brine by vehicle and the 2,873
disposal of brine so transported. Approvals and denials of 2,874
revisions shall be by order of the chief. 2,875
(E) The chief may adopt rules, issue orders, and attach 2,877
terms and conditions to registration certificates as may be 2,878
necessary to administer, implement, and enforce sections 1509.222 2,879
to 1509.226 of the Revised Code for protection of public health 2,880
or safety or conservation of natural resources. 2,881
Sec. 1509.223. (A) No permit holder or owner of a well 2,890
shall enter into an agreement with or permit any person to 2,891
transport brine produced from the well who is not registered 2,892
pursuant to section 1509.222 of the Revised Code or exempt from 2,893
registration under section 1509.226 of the Revised Code. 2,894
(B) Each registered transporter shall file with the chief 2,896
of the division of oil and gas MINERAL RESOURCES MANAGEMENT, on 2,897
or before the fifteenth day of April, a statement concerning 2,899
brine transported, including quantities transported and source 2,900
and delivery points, during the last preceding calendar year, and 2,901
such other information in such form as the chief may prescribe. 2,902
(C) Each registered transporter shall keep on each vehicle 2,904
65
used to transport brine a daily log and have it available upon 2,905
the request of the chief or an authorized representative of the 2,906
chief or a peace officer. The log shall, at a minimum, include 2,907
ALL OF the following information: 2,908
(1) The name of the owner or owners of the well or wells 2,910
producing the brine to be transported; 2,911
(2) The date and time the brine is loaded; 2,913
(3) The name of the driver; 2,915
(4) The amount of brine loaded at each collection point; 2,917
(5) The disposal location; and 2,919
(6) The date and time the brine is disposed of and the 2,921
amount of brine disposed of at each location. 2,922
No registered transporter shall falsify or fail to keep or 2,924
submit the log required by this division. 2,925
(D) Each registered transporter shall legibly identify 2,927
with reflective paints all vehicles employed in transporting or 2,928
disposing of brine. Letters shall be no less than four inches in 2,929
height and shall indicate the identification number issued by the 2,930
chief, the word "brine," and the name and telephone number of the 2,931
transporter. 2,932
(E) The chief shall maintain and keep a current list of 2,934
persons registered to transport brine under section 1509.222 of 2,935
the Revised Code. The list shall be open to public inspection. 2,936
It is an affirmative defense to a charge under division (A) of 2,937
this section that at the time the permit holder or owner of a 2,938
well entered into an agreement with or permitted a person to 2,939
transport brine, the person was shown on the list as currently 2,940
registered to transport brine. 2,941
Sec. 1509.224. (A) In addition to any other remedies 2,950
provided in Chapter 1509. of the Revised Code THIS CHAPTER, if 2,951
the chief of the division of oil and gas MINERAL RESOURCES 2,953
MANAGEMENT has reason to believe that a pattern of the same or 2,955
similar violations of any requirements of sections 1509.22, 2,956
1509.222, or 1509.223 of the Revised Code, or any rule adopted 2,957
66
thereunder or term or condition of the registration certificate 2,958
issued thereunder exists or has existed, and the violations are 2,959
caused by the transporter's indifference, lack of diligence, or 2,960
lack of reasonable care, or are willfully caused by the 2,961
transporter, the chief shall immediately issue an order to the 2,962
transporter to show cause why the certificate should not be
suspended or revoked. After the issuance of the order, the chief 2,963
shall provide the transporter an opportunity to be heard and to 2,964
present evidence at an informal hearing conducted by the chief. 2,965
If, at the conclusion of the hearing, the chief finds that such a 2,966
pattern of violations exists or has existed, he THE CHIEF shall 2,967
issue an order suspending or revoking the transporter's 2,968
registration certificate. An order suspending or revoking a 2,969
certificate under this section may be appealed under sections 2,970
1509.36 and 1509.37 of the Revised Code, or notwithstanding any 2,971
other provision of this chapter, may be appealed directly to the 2,972
court of common pleas of Franklin county. 2,973
(B) Before issuing an order denying a registration 2,975
certificate; approving or denying approval of an application for 2,976
revision of a registered transporter's plan for disposal; or to 2,977
implement, administer, or enforce section 1509.22, 1509.222, 2,978
1509.223, 1509.225, or 1509.226 of the Revised Code and rules and 2,979
terms and conditions of registration certificates ADOPTED OR 2,980
issued thereunder pertaining to the transportation of brine by 2,981
vehicle and the disposal of brine so transported, the chief shall 2,982
issue a preliminary order indicating the chief's intent to issue 2,983
a final order. The preliminary order shall clearly state the 2,984
nature of the chief's proposed action and the findings on which 2,985
it is based and shall state that the preliminary order becomes a 2,986
final order thirty days after its issuance unless the person to 2,987
whom the preliminary order is directed submits to the chief a 2,988
written request for an informal hearing before the chief within 2,989
that thirty-day period. At the hearing the person may present 2,990
evidence as to why the preliminary order should be revoked or 2,991
67
modified. Based upon the findings from the informal hearing, the 2,992
chief shall revoke, issue, or modify and issue the preliminary 2,993
order as a final order. A final order may be appealed under 2,994
sections 1509.36 and 1509.37 of the Revised Code. 2,995
Sec. 1509.225. (A) Before being issued a registration 3,004
certificate under section 1509.222 of the Revised Code, an 3,005
applicant shall execute and file with the division of oil and gas 3,006
MINERAL RESOURCES MANAGEMENT a surety bond for fifteen thousand 3,008
dollars to provide compensation for damage and injury resulting 3,009
from transporters' violations of sections 1509.22, 1509.222, and 3,010
1509.223 of the Revised Code, all rules and orders of the chief 3,011
of the division of oil and gas MINERAL RESOURCE MANAGEMENT 3,012
relating thereto, and all terms and conditions of the 3,014
registration certificate imposed thereunder. The applicant may 3,015
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 3,016
negotiable certificates of deposit issued by any bank organized 3,017
or transacting business in this state, or certificates of deposit 3,018
issued by any building and loan association as defined in section 3,019
1151.01 of the Revised Code, having a cash value equal to or 3,020
greater than the amount of the surety bond as prescribed in this 3,021
section. Cash or certificates of deposit shall be deposited upon 3,022
the same terms as those upon which surety bonds may be deposited. 3,023
If certificates of deposit are deposited with the chief in lieu 3,024
of a surety bond, he THE CHIEF shall require the bank or building 3,026
and loan association that issued any such certificate to pledge 3,027
securities of a cash value equal to the amount of the certificate 3,028
that is in excess of the amount insured by any of the agencies 3,029
and instrumentalities created by or under the following acts and 3,030
amendments thereto: 3,031
(1) "Federal Deposit Insurance Corporation ACT," 64 Stat. 3,034
873 (1950), 12 U.S.C. 1811; 3,035
(2) Federal Savings and Loan Insurance Corporation, 48 3,037
Stat. 1256, 12 U.S.C. 1726; 3,038
68
(3) Deposit guaranty association, sections 1151.80 to 3,040
1151.92 of the Revised Code, AS AMENDED, AND REGULATIONS ADOPTED 3,041
UNDER IT, INCLUDING AT LEAST THE FEDERAL DEPOSIT INSURANCE 3,042
CORPORATION, BANK INSURANCE FUND, AND SAVINGS ASSOCIATION 3,043
INSURANCE FUND.
Such securities shall be security for the repayment of the 3,045
certificate of deposit. Immediately upon a deposit of cash or 3,046
certificates with the chief, he THE CHIEF shall deliver it to the 3,048
treasurer of the state who shall hold it in trust for the 3,049
purposes for which it has been deposited. 3,050
(B) The surety bond provided for in this section shall be 3,052
executed by a surety company authorized to do business in this 3,053
state. The chief shall not approve any bond until it is 3,054
personally signed and acknowledged by both principal and surety, 3,055
or as to either by his AN attorney in fact, with a certified copy 3,057
of the power of attorney attached thereto. The chief shall not
approve such bond unless there is attached a certificate of the 3,058
superintendent of insurance that the company is authorized to 3,059
transact a fidelity and surety business in this state. All bonds 3,060
shall be given in a form to be prescribed by the chief. 3,061
(C) If a registered transporter is found liable for a 3,063
violation of section 1509.22, 1509.222, or 1509.223 of the 3,064
Revised Code or a rule, order, OR term, or condition of a 3,065
certificate involving, in any case, damage or injury to persons 3,066
or property, or both, the court may order the forfeiture of any 3,067
portion of the bond, cash, or other securities required by this 3,068
section in full or partial payment of damages to the person to 3,069
whom the damages are due. The treasurer of state and the chief 3,070
shall deliver the bond or any cash or other securities deposited 3,071
in lieu of bond, as specified in the court's order, to the person 3,072
to whom the damages are due; however, execution against the bond, 3,073
cash, or other securities, if necessary, is the responsibility of 3,074
the person to whom the damages are due. The chief shall not 3,075
release the bond, cash, or securities required by this section 3,076
69
except by court order or until two years after the date on which 3,077
a registration is terminated. 3,078
Sec. 1509.226. (A) If a board of county commissioners, a 3,087
board of township trustees, or the legislative authority of a 3,088
municipal corporation wishes to permit the surface application of 3,089
brine to roads, streets, highways, and other similar land 3,090
surfaces it owns or has the right to control for control of dust 3,091
or ice, it may adopt a resolution permitting such application as 3,092
provided in this section. If a board or legislative authority 3,093
does not adopt such a resolution, then no such surface 3,094
application of brine is permitted on such roads, streets, 3,095
highways, and other similar surfaces. If a board or legislative 3,096
authority votes on a proposed resolution to permit such surface 3,097
application of brine, but the resolution fails to receive the 3,098
affirmative vote of a majority of the board or legislative 3,099
authority, the board or legislative authority shall not adopt 3,100
such a resolution for one year following the date on which the 3,101
vote was taken. A board or legislative authority shall hold at 3,102
least one public hearing on any proposal to permit surface 3,103
application of brine under this division and may hold additional 3,104
hearings. The board or legislative authority shall publish 3,105
notice of the time and place of each such public hearing in a 3,106
newspaper of general circulation in the political subdivision at 3,107
least five days before the day on which the hearing is to be 3,108
held. 3,109
(B) If a board or legislative authority adopts a 3,111
resolution permitting the surface application of brine to roads, 3,112
streets, highways, and other similar land surfaces under division 3,113
(A) of this section, the board or legislative authority shall, 3,114
within thirty days after the adoption of the resolution, prepare 3,115
and submit to the chief of the division of oil and gas MINERAL 3,116
RESOURCES MANAGEMENT a copy of the resolution. Any department, 3,118
agency, or instrumentality of this state or the United States 3,119
that wishes to permit the surface application of brine to roads, 3,120
70
streets, highways, and other similar land surfaces it owns or has 3,121
a right to control shall prepare and submit guidelines for such 3,122
application, but need not adopt a resolution under division (A) 3,123
of this section permitting such surface application. 3,124
All resolutions and guidelines shall be subject to the 3,126
following standards: 3,127
(1) Brine shall not be applied: 3,129
(a) To a water-saturated surface; 3,131
(b) Directly to vegetation near or adjacent to surfaces 3,133
being treated; 3,134
(c) Within twelve feet of structures crossing bodies of 3,136
water or crossing drainage ditches; 3,137
(d) Between sundown and sunrise, except for ice control. 3,139
(2) The discharge of brine through the spreader bar shall 3,141
stop when the application stops;. 3,142
(3) The applicator vehicle shall be moving at least five 3,144
miles per hour at all times while the brine is being applied;. 3,145
(4) The maximum spreader bar nozzle opening shall be 3,147
three-quarters of an inch in diameter;. 3,148
(5) The maximum uniform application rate of brine shall be 3,150
three thousand gallons per mile on a twelve-foot-wide road or 3,151
three gallons per sixty square feet on unpaved lots;. 3,152
(6) The applicator vehicle discharge valve shall be closed 3,154
between the brine collection point and the specific surfaces that 3,155
have been approved for brine application;. 3,156
(7) Any valves that provide for tank draining other than 3,158
through the spreader bar shall be closed during the brine 3,159
application and transport;. 3,160
(8) The angle of discharge from the applicator vehicle 3,162
spreader bar shall not be greater than sixty degrees from the 3,163
perpendicular to the unpaved surface;. 3,164
(9) Only the last twenty-five per cent of an applicator 3,166
vehicle's contents shall be allowed to have a pressure greater 3,167
than atmospheric pressure; therefore, the first seventy-five per 3,168
71
cent of the applicator vehicle's contents shall be discharged 3,169
under atmospheric pressure. 3,170
If a resolution or guidelines contain only the standards 3,172
listed in division (B)(1) to (9) of this section, without 3,173
addition or qualification, the resolution or guildelines 3,174
GUIDELINES shall be deemed effective when submitted to the chief 3,175
without further action by the chief. All other resolutions and 3,176
guidelines shall comply with and be no less stringent than this 3,177
chapter, rules concerning surface application that the chief 3,178
shall adopt under division (C) of section 1509.22 of the Revised 3,179
Code, and other rules of the chief. Within fifteen days after 3,180
receiving such other resolutions and guidelines, the chief shall 3,181
review them for compliance with the law and rules and disapprove 3,182
them if they do not comply. 3,183
The board, legislative authority, or department, agency, or 3,185
instrumentality may revise and resubmit any resolutions or 3,186
guidelines that the chief disapproves after each disapproval, and 3,187
the chief shall again review and approve or disapprove them 3,188
within fifteen days after receiving them. The board, legislative 3,189
authority, or department, agency, or instrumentality may amend 3,190
any resolutions or guidelines previously approved by the chief 3,191
and submit them, as amended, to the chief. The chief shall 3,192
receive, review, and approve or disapprove the amended 3,193
resolutions or guidelines on the same basis and in the same time 3,194
as original resolutions or guidelines. The board, legislative 3,195
authority, or department, agency, or instrumentality shall not 3,196
implement amended resolutions or guidelines until they are 3,197
approved by the chief under this division. 3,198
(C) Any person, other than a political subdivision 3,200
required to adopt a resolution under division (A) of this section 3,201
or a department, agency, or instrumentality of this state or the 3,202
United States, who owns or has a legal right or obligation to 3,203
maintain a road, street, highway, or other similar land surface 3,204
may file with the board of county commissioners a written plan 3,205
72
for the application of brine to the road, street, highway, or 3,206
other surface. The board need not approve any such plans, but if 3,207
it approves a plan, the plan shall comply with this chapter, 3,208
rules adopted thereunder, and the board's resolutions, if any. 3,209
Disapproved plans may be revised and resubmitted for the board's 3,210
approval. Approved plans may also be revised and submitted to 3,211
the board. A plan or revised plan shall DO ALL OF THE FOLLOWING: 3,212
(1) Identify the sources of brine to be used under the 3,214
plan; 3,215
(2) Identify by name, address, and registration 3,217
certificate, if applicable, any transporters of the brine; 3,218
(3) Specifically identify the places to which the brine 3,220
will be applied; and 3,221
(4) Specifically describe the method, rate, and frequency 3,223
of application. 3,224
(D) The board may attach terms and conditions to approval 3,226
of a plan, or revised plan, and may revoke approval for any 3,227
violation of this chapter, rules adopted thereunder, resolutions 3,228
adopted by the board, or terms or conditions attached by the 3,229
board. The board shall conduct at least one public hearing 3,230
before approving a plan or revised plan, publishing notice of the 3,231
time and place of each such public hearing in a newspaper of 3,232
general circulation in the county at least five days before the 3,233
day on which the hearing is to be held. The board shall record 3,234
the filings of all plans and revised plans in its journal. The 3,235
board shall approve, disapprove, or revoke approval of a plan or 3,236
revised plan by the adoption of a resolution. Upon approval of a 3,237
plan or revised plan, the board shall send a copy of the plan to 3,238
the chief. Upon revoking approval of a plan or revised plan, the 3,239
board shall notify the chief of the revocation. 3,240
(E) No person shall: 3,242
(1) Apply brine to a water-saturated surface; 3,244
(2) Apply brine directly to vegetation adjacent to the 3,246
surface of roads, streets, highways, and other surfaces to which 3,247
73
brine may be applied. 3,248
(F) Each political subdivision that adopts a resolution 3,250
under divisions (A) and (B) of this section, each department, 3,251
agency, or instrumentality of this state or the United States 3,252
that submits guidelines under division (B) of this section, and 3,253
each person who files a plan under divisions (C) and (D) of this 3,254
section shall, on or before the fifteenth day of April of each 3,255
year, file a report with the chief concerning brine applied 3,256
within his THE PERSON'S or its GOVERNMENTAL ENTITY'S 3,258
jurisdiction, including the quantities transported and the
sources and application points during the last preceding calendar 3,259
year and such other information in such form as the chief 3,260
requires.
(G) Any political subdivision or department, agency, or 3,262
instrumentality of this state or the United States that applies 3,263
brine under this section may do so with its own personnel, 3,264
vehicles, and equipment without registration under or compliance 3,265
with section 1509.222 or 1509.223 of the Revised Code and without 3,266
the necessity for filing the surety bond or other security 3,267
required by section 1509.225 of the Revised Code. However, each 3,268
such entity shall legibly identify vehicles used to apply brine 3,269
with reflective paint in letters no less than four inches in 3,270
height, indicating the word "brine" and that the vehicle is a 3,271
vehicle of the political subdivision, department, agency, or 3,272
instrumentality. Except as stated in this division, such 3,273
entities shall transport brine in accordance with sections 3,274
1509.22 to 1509.226 of the Revised Code. 3,275
(H) A surface application plan filed for approval under 3,277
division (C) of this section shall be accompanied by a 3,278
nonrefundable fee of fifty dollars, which shall be credited to 3,279
the general fund of the county. An approved plan is valid for 3,280
one year from the date of its approval unless it is revoked 3,281
before that time. An approved revised plan is valid for the 3,282
remainder of the term of the plan it supersedes unless it is 3,283
74
revoked before that time. Any person who has filed such a plan 3,284
or revised plan and had it approved may renew it by refiling it 3,285
in accordance with divisions (C) and (D) of this section within 3,286
thirty days before any anniversary of the date on which the 3,287
original plan was approved. The board shall notify the chief of 3,288
renewals and nonrenewals of plans. Even if a renewed plan is 3,289
approved under those divisions, the plan is not effective until 3,290
notice is received by the chief, and until notice is received, 3,291
the chief shall enforce this chapter and rules adopted thereunder 3,292
with regard to the affected roads, streets, highways, and other 3,293
similar land surfaces as if the plan had not been renewed. 3,294
(I) A resolution adopted under division (A) of this 3,296
section by a board or legislative authority shall be effective 3,297
for one year following the date of its adoption and from month to 3,298
month thereafter until the board or legislative authority, by 3,299
resolution, terminates the authority granted in the original 3,300
resolution. The termination shall be effective not less than 3,301
seven days after enactment of the resolution, and a copy of the 3,302
resolution shall be sent to the chief. 3,303
(J) As used in this section, "board of county 3,305
commissioners" includes any other county legislative authority 3,306
established by law. 3,307
Sec. 1509.23. Rules of the chief of the division of oil 3,316
and gas MINERAL RESOURCES MANAGEMENT may specify practices to be 3,318
followed in the drilling of wells and production of oil and gas 3,319
for protection of public health or safety or to prevent damage to
natural resources, including specification of devices, minimum 3,320
distances that wells and other excavations, structures, and 3,321
equipment shall be located from water wells, streets, roads, 3,322
highways, railroad tracks, and buildings, other methods of 3,323
operation, and procedures, methods, and equipment and other
requirements for equipment to prevent and contain discharges of 3,324
oil from oil production facilities and oil drilling and workover 3,325
facilities consistent with and equivalent in scope, content, and 3,326
75
coverage to section 311(j)(1)(c) of the "Federal Water Pollution 3,327
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, 3,328
as amended, and regulations adopted under it.
Sec. 1509.24. The chief of the division of oil and gas 3,337
MINERAL RESOURCES MANAGEMENT, with the approval of the technical 3,339
advisory council on oil and gas created in section 1509.38 of the 3,340
Revised Code, may adopt, amend, modify, or rescind rules relative 3,341
to minimum acreage requirements for drilling units and minimum 3,342
distances from which a new well may be drilled or an existing 3,343
well deepened, plugged back, or reopened to a source of supply 3,344
different from the existing pool from boundaries of tracts, 3,345
drilling units, and other wells for the purpose of conserving oil 3,346
and gas reserves. Rules made pursuant to ADOPTED UNDER this 3,347
section and special orders made under section 1509.25 of the 3,349
Revised Code shall apply only to new wells to be drilled or 3,350
existing wells to be deepened, plugged back, or reopened to a 3,351
source of supply different from the existing pool for the purpose 3,352
of extracting oil or gas in their natural state.
Sec. 1509.25. The chief of the division of oil and gas 3,361
MINERAL RESOURCES MANAGEMENT, upon his THE CHIEF'S own motion or 3,363
upon application of an owner, may hold a hearing to consider the 3,365
need or desirability of adopting a special order for drilling 3,366
unit requirements in a particular pool different from those 3,367
established under section 1509.24 of the Revised Code. The chief 3,368
shall notify every owner of land within the area proposed to be 3,369
included within the order, of the date, time, and place of the 3,370
hearing and the nature of the order being considered at least 3,371
thirty days prior to the date of THE hearing. Each application 3,372
for such an order shall be accompanied by such information as the 3,373
chief may request. If the chief finds that the pool can be 3,374
defined with reasonable certainty, that the pool is in the 3,375
initial state of development, and that the establishment of such 3,376
different requirements for drilling a well on a tract or drilling 3,377
unit in such pool is reasonably necessary to protect correlative 3,378
76
rights or to provide effective development, use, or conservation 3,379
of oil and gas, the chief, with the written approval of the 3,380
technical advisory council on oil and gas created in section 3,381
1509.38 of the Revised Code, shall make a special order 3,382
designating the area covered by the order, and specifying the 3,383
acreage requirements for drilling a well on a tract or drilling 3,384
unit in such area, which acreage requirements shall be uniform 3,385
for the entire pool. The order shall specify minimum distances 3,386
from the boundary of the tract or drilling unit for the drilling 3,387
of wells and minimum distances from other wells and allow 3,388
exceptions for wells drilled or drilling in a particular pool at 3,389
the time of the filing of the application. The chief may exempt 3,390
the discovery well from minimum acreage and distance requirements 3,391
in the order. After the date of the notice for a hearing called 3,392
to make such order, no additional well shall be commenced in the 3,393
pool for a period of sixty days or until an order has been made 3,394
pursuant to the application, whichever is earlier. The chief, 3,395
upon his THE CHIEF'S own motion or upon application of an owner, 3,397
after A hearing and with the approval of the technical advisory 3,398
council on oil and gas may include additional lands determined to 3,399
be underlaid by a particular pool or to exclude lands determined 3,400
not to be underlaid by a particular pool, and may modify the 3,401
spacing and acreage requirements of the order.
Nothing in this section shall permit PERMITS the chief to 3,403
establish drilling units in a pool by requiring the use of a 3,405
survey grid coordinate system with fixed or established unit 3,406
boundaries.
Sec. 1509.26. The owners of adjoining tracts may agree to 3,415
pool such tracts to form a drilling unit which THAT conforms to 3,416
the minimum acreage and distance requirements of the division of 3,418
oil and gas MINERAL RESOURCES MANAGEMENT under section 1509.24 or 3,419
1509.25 of the Revised Code. Such agreement shall be in writing, 3,420
a copy of which shall be submitted to the division of oil and gas 3,421
with the application for permit required by section 1509.05 of 3,423
77
the Revised Code. Parties to the agreement shall designate one 3,424
of their number as the applicant for such permit. 3,425
Sec. 1509.27. If a tract of land is of insufficient size 3,434
or shape to meet the requirements for drilling a well thereon as 3,435
provided in section 1509.24 or 1509.25 of the Revised Code, 3,436
whichever is applicable, and the owner has been unable to form a 3,437
drilling unit under agreement AS provided in section 1509.26 of 3,438
the Revised Code, on a just and equitable basis, the owner of 3,439
such tract may make application to the division of oil and gas 3,440
MINERAL RESOURCES MANAGEMENT for a mandatory pooling order. 3,441
Such application shall include such data and information as 3,443
shall be reasonably required by the chief of the division of oil 3,444
and gas MINERAL RESOURCES MANAGEMENT and shall be accompanied by 3,445
an application for A permit as required by section 1509.05 of the 3,447
Revised Code. The chief shall notify all owners of land within 3,448
the area proposed to be included within the order of the filing 3,449
of such application and of their right to a hearing if requested. 3,450
After the hearing or after the expiration of thirty days from the 3,451
date notice of application was mailed to such owners, the chief, 3,452
if satisfied that the application is proper in form and that 3,453
mandatory pooling is necessary to protect correlative rights or 3,454
to provide effective development, use, or conservation of oil and 3,455
gas, shall issue a drilling permit and a mandatory pooling order 3,456
complying with the requirements for drilling a well as provided 3,457
in section 1509.24 or 1509.25 of the Revised Code, whichever is 3,458
applicable, which shall: 3,459
(A) Designate the boundaries of the drilling unit within 3,461
which the well shall be drilled; 3,462
(B) Designate the proposed drilling site; 3,464
(C) Describe each separately owned tract or part thereof 3,466
pooled by the order; 3,467
(D) Allocate on a surface acreage basis a pro rata portion 3,469
of the production to the owner of each tract; 3,470
(E) Specify the basis upon which each owner shall share 3,472
78
all reasonable costs and expenses of drilling and producing; 3,473
(F) Designate the person to whom the permit shall be 3,475
issued. 3,476
If an owner does not elect to participate in the risk and 3,478
cost of the drilling and operation, or operation, of a well, he 3,479
THE OWNER may elect to be a nonparticipating owner in the 3,480
drilling and operation, or operation, of the well, on a limited 3,481
or carried basis upon terms and conditions determined by the 3,482
chief to be just and reasonable. If one or more of the 3,483
participating owners bear the costs of drilling, equipping, or 3,484
operating a well for the benefit of a nonparticipating owner, as 3,485
provided for in the pooling order, then such participating owner 3,486
or owners shall be entitled to the share of production from the 3,487
drilling unit accruing to the interest of such nonparticipating 3,488
owner, exclusive of the royalty interest if the fee holder has 3,489
leased his THE FEE HOLDER'S land to others, otherwise, one-eighth 3,490
of his THE FEE HOLDER'S share of the production, until there has 3,492
been received the share of costs charged to such nonparticipating 3,493
owner plus such additional percentage of said THE share of costs 3,494
as the chief shall determine. The total amount receivable 3,496
hereunder shall in no event exceed double the share of costs 3,497
charged to such nonparticipating owner.
If there is a dispute as to costs of drilling, equipping, 3,499
or operating a well, the chief shall determine such costs. 3,500
In instances where a well is completed prior to the pooling 3,502
of interests in a drilling unit under this section, the sharing 3,503
of production and adjustment of the original costs of drilling, 3,504
equipping, and completing the well shall be from the effective 3,505
date of the mandatory pooling order. 3,506
From and after the date of a pooling order, all operation, 3,508
including the commencement of drilling or the operating of or 3,509
production from a well upon any tract or portion of the drilling 3,510
unit, shall be deemed for all purposes the conduct of such 3,511
operations upon and production from any lease or contract for 3,512
79
lands any portion of which is included in the drilling unit. 3,513
Sec. 1509.28. (A) The chief of the division of oil and 3,522
gas MINERAL RESOURCES MANAGEMENT, upon his THE CHIEF'S own motion 3,524
or upon application by the owners of sixty-five per cent of the 3,526
land area overlying the pool, shall hold a hearing to consider 3,527
the need for the operation as a unit of an entire pool or part 3,528
thereof. An application by owners shall be accompanied by such 3,529
information as the chief may request. 3,530
The chief shall make an order providing for the unit 3,532
operation of a pool or part thereof if he THE CHIEF finds that 3,533
such operation is reasonably necessary to increase substantially 3,534
the ultimate recovery of oil and gas, and the value of the 3,535
estimated additional recovery of oil or gas exceeds the estimated 3,536
additional cost incident to conducting such operation. The order 3,537
shall be upon terms and conditions that are just and reasonable 3,538
and shall prescribe a plan for unit operations that shall 3,539
include: 3,540
(1) A description of the unitized area, termed the unit 3,542
area; 3,543
(2) A statement of the nature of the operations 3,545
contemplated; 3,546
(3) An allocation to the separately owned tracts in the 3,548
unit area of all the oil and gas that is produced from the unit 3,549
area and is saved, being the production that is not used in the 3,550
conduct of operations on the unit area or not unavoidably lost. 3,551
The allocation shall be in accord with the agreement, if any, of 3,552
the interested parties. If there is no such agreement, the chief 3,553
shall determine the value, from the evidence introduced at the 3,554
hearing, of each separately owned tract in the unit area, 3,555
exclusive of physical equipment, for development of oil and gas 3,556
by unit operations, and the production allocated to each tract 3,557
shall be the proportion that the value of each tract so 3,558
determined bears to the value of all tracts in the unit area. 3,559
(4) A provision for the credits and charges to be made in 3,561
80
the adjustment among the owners in the unit area for their 3,562
respective investments in wells, tanks, pumps, machinery, 3,563
materials, and equipment contributed to the unit operations; 3,564
(5) A provision providing how the expenses of unit 3,566
operations, including capital investment, shall be determined and 3,567
charged to the separately owned tracts and how said THE expenses 3,568
shall be paid; 3,569
(6) A provision, if necessary, for carrying or otherwise 3,571
financing any person who is unable to meet his THE PERSON'S 3,572
financial obligations in connection with the unit, allowing a 3,573
reasonable interest charge for such service; 3,574
(7) A provision for the supervision and conduct of the 3,576
unit operations, in respect to which each person shall have a 3,577
vote with a value corresponding to the percentage of the expenses 3,578
of unit operations chargeable against the interest of such 3,579
person; 3,580
(8) The time when the unit operations shall commence, and 3,582
the manner in which, and the circumstances under which, the unit 3,583
operations shall terminate; 3,584
(9) Such additional provisions as are found to be 3,586
appropriate for carrying on the unit operations, and for the 3,587
protection or adjustment of correlative rights. 3,588
(B) No order of the chief providing for unit operations 3,590
shall become effective unless and until the plan for unit 3,591
operations prescribed by the chief has been approved in writing 3,592
by those owners who, under the chief's order, will be required to 3,593
pay at least sixty-five per cent of the costs of the unit 3,594
operation, and also by the royalty or, with respect to unleased 3,595
acreage, fee owners of sixty-five per cent of the acreage to be 3,596
included in the unit. If the plan for unit operations has not 3,597
been so approved by owners and royalty owners at the time the 3,598
order providing for unit operations is made, the chief shall upon 3,599
application and notice hold such supplemental hearings as may be 3,600
required to determine if and when the plan for unit operations 3,601
81
has been so approved. If the owners and royalty owners, or 3,602
either, owning the required percentage of interest in the unit 3,603
area do not approve the plan for unit operations within a period 3,604
of six months from the date on which the order providing for unit 3,605
operations is made, such order shall cease to be of force and 3,606
shall be revoked by the chief. 3,607
An order providing for unit operations may be amended by an 3,609
order made by the chief, in the same manner and subject to the 3,610
same conditions as an original order providing for unit 3,611
operations, provided THAT: 3,612
(1) If such an amendment affects only the rights and 3,614
interests of the owners, the approval of the amendment by the 3,615
royalty owners shall not be required. 3,616
(2) No such order of amendment shall change the percentage 3,618
for allocation of oil and gas as established for any separately 3,619
owned tract by the original order, except with the consent of all 3,620
persons owning interest in such tract. 3,621
The chief, by an order, may provide for the unit operation 3,623
of a pool or a part thereof that embraces a unit area established 3,624
by a previous order of the chief. Such order, in providing for 3,625
the allocation of unit production, shall first treat the unit 3,626
area previously established as a single tract, and the portion of 3,627
the unit production so allocated thereto shall then be allocated 3,628
among the separately owned tracts included in such previously 3,629
established unit area in the same proportions as those specified 3,630
in the previous order. 3,631
Oil and gas allocated to a separately owned tract shall be 3,633
deemed, for all purposes, to have been actually produced from 3,634
such tract, and all operations, including, but not limited to, 3,635
the commencement, drilling, operation of, or production from a 3,636
well upon any portion of the unit area shall be deemed for all 3,637
purposes the conduct of such operations and production from any 3,638
lease or contract for lands any portion of which is included in 3,639
the unit area. The operations conducted pursuant to the order of 3,640
82
the chief shall constitute a fulfillment of all the express or 3,641
implied obligations of each lease or contract covering lands in 3,642
the unit area to the extent that compliance with such obligations 3,643
cannot be had because of the order of the chief. 3,644
Oil and gas allocated to any tract, and the proceeds from 3,646
the sale thereof, shall be the property and income of the several 3,647
persons to whom, or to whose credit, the same are allocated or 3,648
payable under the order providing for unit operations. 3,649
No order of the chief or other contract relating to the 3,651
sale or purchase of production from a separately owned tract 3,652
shall be terminated by the order providing for unit operations, 3,653
but shall remain in force and apply to oil and gas allocated to 3,654
such tract until terminated in accordance with the provisions 3,655
thereof. 3,656
Except to the extent that the parties affected so agree, no 3,658
order providing for unit operations shall be construed to result 3,659
in a transfer of all or any part of the title of any person to 3,660
the oil and gas rights in any tract in the unit area. All 3,661
property, whether real or personal, that may be acquired for the 3,662
account of the owners within the unit area shall be the property 3,663
of such owners in the proportion that the expenses of unit 3,664
operations are charged. 3,665
Sec. 1509.29. Upon application by an owner of a tract for 3,674
which a drilling permit may not be issued, and a showing by him 3,675
THE OWNER that he THE OWNER is unable to enter a voluntary 3,676
pooling agreement and that he THE OWNER would be unable to 3,677
participate under a mandatory pooling order, the chief of the 3,679
division of oil and gas MINERAL RESOURCES MANAGEMENT shall issue 3,680
a permit and order establishing the tract as an exception tract 3,681
if the chief finds that such owner would otherwise be precluded 3,682
from producing oil or gas from his THE OWNER'S tract because of 3,683
minimum acreage or distance requirements. The order shall set a 3,684
percentage of the maximum daily potential production at which the 3,685
well may be produced. The percentage shall be the same as the 3,686
83
percentage that the number of acres in the tract bears to the 3,687
number of acres in the minimum acreage requirement which THAT has 3,688
been established under section 1509.24 or 1509.25 of the Revised 3,689
Code, whichever is applicable, but if the well drilled on such 3,690
tract is located nearer to the boundary of the tract than the 3,691
required minimum distance, the percentage may not exceed the 3,692
percentage determined by dividing the distance from the well to 3,693
the boundary by the minimum distance requirement. Within ten 3,694
days after completion of the well, the maximum daily potential 3,695
production of the well shall be determined by such drill stem, 3,696
open flow, or other tests as may be required by the chief. The 3,697
chief shall require such tests, at least once every three months, 3,698
as are necessary to determine the maximum daily potential 3,699
production at that time. 3,700
Sec. 1509.31. Whenever the entire interest of an oil and 3,709
gas lease is assigned or otherwise transferred, the assignor or 3,710
transferor shall notify the holders of the royalty interests, 3,711
and, if a well or wells exist on the lease, the division of oil 3,712
and gas MINERAL RESOURCES MANAGEMENT, of the name and address of 3,713
the assignee or transferee by certified mail, return receipt 3,715
requested, not later than thirty days after the date of the 3,716
assignment or transfer. When notice of any such assignment or 3,717
transfer is required to be provided to the division, it shall be 3,718
provided on a form prescribed and provided by the division and 3,719
verified by both the assignor or transferor and by the assignee 3,720
or transferee. The notice form applicable to assignments or 3,721
transfers of a well to the owner of the surface estate of the 3,722
tract on which the well is located shall contain a statement 3,723
informing the landowner that the well may require periodic 3,724
servicing to maintain its productivity; that, upon assignment or 3,725
transfer of the well to the landowner, the landowner becomes 3,726
responsible for compliance with the requirements of this chapter 3,727
and rules adopted under it, including, without limitation, the 3,728
proper disposal of brine obtained from the well, the plugging of 3,729
84
the well when it becomes incapable of producing oil or gas, and 3,730
the restoration of the well site; and that, upon assignment or 3,731
transfer of the well to the landowner, the landowner becomes 3,732
responsible for the costs of compliance with the requirements of 3,733
this chapter and rules adopted under it and the costs for 3,734
operating and servicing the well. 3,735
The owner holding a permit under section 1509.05 of the 3,737
Revised Code is responsible for all obligations and liabilities 3,738
imposed by this chapter and any rules, orders, and terms and 3,739
conditions of a permit adopted or issued under it, and no 3,741
assignment or transfer by the owner relieves the owner of the 3,742
obligations and liabilities until and unless the assignee or 3,743
transferee files with the division the information described in 3,744
divisions (A), (B), (C), (D), (E), (I), (J), (K), and (L) of 3,746
section 1509.06 of the Revised Code; obtains liability insurance 3,747
coverage required by section 1509.07 of the Revised Code, except 3,749
when none is required by that section; and executes and files a 3,750
surety bond, negotiable certificates of deposit or irrevocable 3,751
letters of credit, or cash, as described in that section. 3,752
Instead of a bond, but only upon acceptance by the chief OF THE 3,753
DIVISION OF MINERAL RESOURCES MANAGEMENT, the assignee or 3,755
transferee may file proof of financial responsibility, described 3,756
in section 1509.07 of the Revised Code. Section 1509.071 of the 3,757
Revised Code applies to the surety bond, cash, and negotiable 3,758
certificates of deposit and irrevocable letters of credit 3,759
described in this section. Unless the chief approves a 3,760
modification, each assignee or transferee shall operate in 3,761
accordance with the plans and information filed by the permit 3,762
holder pursuant to section 1509.06 of the Revised Code. 3,763
Sec. 1509.32. Any person adversely affected may file with 3,772
the chief of the division of oil and gas MINERAL RESOURCES 3,773
MANAGEMENT a written complaint alleging failure to restore 3,775
disturbed land surfaces in violation of section 1509.072 or 3,776
1509.22 of the Revised Code or a rule adopted thereunder. 3,777
85
Upon receipt of a complaint, the chief shall cause an 3,779
investigation to be made of the lands where the alleged violation 3,780
has occurred and send copies of the investigation report to the 3,781
person who filed the complaint and to the owner. Upon finding a 3,782
violation the chief shall order the owner to eliminate the 3,783
violation within a specified time. If the owner fails to 3,784
eliminate the violation within the time specified, the chief may 3,785
request the prosecuting attorney of the county in which the 3,786
violation occurs or the attorney general to bring appropriate 3,787
action to secure compliance with such sections. If the chief 3,788
fails to bring an appropriate action to secure compliance with 3,789
such sections within twenty days after the time specified, the 3,790
person filing the complaint may request the prosecuting attorney 3,791
of the county in which the violation occurs to bring an 3,792
appropriate action to secure compliance with such sections. The 3,793
division of oil and gas MINERAL RESOURCES MANAGEMENT may 3,794
cooperate with any state or local agency to provide technical 3,796
advice or minimum standards for the restoration of various soils 3,797
and land surfaces or to assist in any investigation. 3,798
Sec. 1509.33. (A) Whoever violates sections 1509.01 to 3,807
1509.31 of the Revised Code, or any rules adopted or orders or 3,808
terms or conditions of a permit or registration certificate 3,809
issued pursuant to these sections for which no specific penalty 3,810
is provided in this section, shall pay a civil penalty of not 3,811
more than four thousand dollars for each offense. 3,812
(B) Whoever violates section 1509.221 of the Revised Code 3,814
or any rules adopted or orders or terms or conditions of a permit 3,815
issued thereunder shall pay a civil penalty of not more than two 3,816
thousand five hundred dollars for each violation. 3,817
(C) Whoever violates division (D) of section 1509.22 or 3,819
division (A)(1) of section 1509.222 of the Revised Code shall pay 3,820
a civil penalty of not less than two thousand five hundred 3,821
dollars nor more than twenty thousand dollars for each violation. 3,822
(D) Whoever violates division (A) of section 1509.22 of 3,824
86
the Revised Code shall pay a civil penalty of not less than two 3,825
thousand five hundred dollars nor more than ten thousand dollars 3,826
for each violation. 3,827
(E) Whoever violates division (A) of section 1509.223 of 3,829
the Revised Code shall pay a civil penalty of not more than ten 3,830
thousand dollars for each violation. 3,831
(F) Whoever violates section 1509.072 of the Revised Code 3,833
or any rules adopted or orders issued to administer, implement, 3,834
or enforce that section shall pay a civil penalty of not more 3,835
than five thousand dollars for each violation. 3,836
(G) In addition to any other penalties provided in this 3,838
chapter, whoever violates division (B) of section 1509.22, OR 3,839
division (A)(1) of section 1509.222, or knowingly violates 3,840
division (A) of section 1509.223 of the Revised Code is liable 3,841
for any damage or injury caused by the violation and for the cost 3,842
of rectifying the violation and conditions caused by the 3,843
violation. If two or more persons knowingly violate one or more 3,844
of such divisions in connection with the same event, activity, or 3,845
transaction, they are jointly and severally liable under this 3,846
division. As used in this division, "knowingly" has the same 3,847
meaning as in section 2901.22 of the Revised Code. 3,848
(H) The attorney general, upon the request of the chief of 3,850
the division of oil and gas MINERAL RESOURCES MANAGEMENT, shall 3,851
commence an action under this section against any person who 3,853
violates sections 1509.01 to 1509.31 of the Revised Code, or any 3,854
rules adopted or orders or terms or conditions of a permit or 3,855
registration certificate issued pursuant to these sections. Any 3,856
action under this section is a civil action, governed by the 3,857
Rules of Civil Procedure and other rules of practice and 3,858
procedure applicable to civil actions. The remedy provided in 3,859
this division is cumulative and concurrent with any other remedy 3,860
provided in this chapter, and the existence or exercise of one 3,861
remedy does not prevent the exercise of any other, except that no 3,862
person shall be subject to both a civil penalty under division 3,863
87
(A), (B), (C), or (D) of this section and a criminal penalty 3,864
under section 1509.99 of the Revised Code for the same offense. 3,865
Sec. 1509.36. Any person claiming to be aggrieved or 3,874
adversely affected by an order by the chief of the division of 3,875
oil and gas MINERAL RESOURCES MANAGEMENT may appeal to the oil 3,876
and gas commission for an order vacating or modifying such order. 3,878
The person so appealing to the board COMMISSION shall be 3,880
known as appellant and the chief shall be known as appellee. 3,882
Appellant and appellee shall be deemed to be parties to the 3,883
appeal.
The appeal shall be in writing and shall set forth the 3,885
order complained of and the grounds upon which the appeal is 3,886
based. The appeal shall be filed with the commission within 3,888
thirty days after the date upon which appellant received notice 3,889
by registered mail of the making of the order complained of. 3,890
Notice of the filing of the appeal shall be filed with the chief 3,891
within three days after the appeal is filed with the commission. 3,893
Upon the filing of the appeal the commission promptly shall 3,896
fix the time and place at which the hearing on the appeal will be 3,897
held, and shall give the appellant and the chief at least ten 3,898
days' written notice thereof by mail. The commission may 3,899
postpone or continue any hearing upon its own motion or upon 3,901
application of appellant or of the chief. 3,902
The filing of an appeal provided for in this section does 3,904
not automatically suspend or stay execution of the order appealed 3,905
from, but upon application by the appellant the commission may 3,907
suspend or stay such execution pending determination of the
appeal upon such terms as the commission considers proper. 3,908
Either party to the appeal or any interested person who, 3,910
pursuant to board COMMISSION rules has been granted permission to 3,912
appear, may submit such evidence as the commission considers 3,913
admissible.
For the purpose of conducting a hearing on an appeal, the 3,915
commission may require the attendance of witnesses and the 3,916
88
production of books, records, and papers, and it may, and at the 3,917
request of any party it shall, issue subpoenas for witnesses or 3,918
subpoenas duces tecum to compel the production of any books, 3,919
records, or papers, directed to the sheriff SHERIFFS of the 3,920
counties where such witnesses are found. The subpoenas shall be 3,922
served and returned in the same manner as subpoenas in criminal 3,924
cases are served and returned. The fees and mileage of sheriffs 3,925
and witnesses shall be the same as those allowed by the court of 3,926
common pleas in criminal cases. Such fees and mileage expenses 3,927
incurred at the request of appellant shall be paid in advance by 3,928
the appellant, and the remainder of such expenses shall be paid 3,929
out of funds appropriated for the expenses of the division of oil 3,930
and gas MINERAL RESOURCES MANAGEMENT. 3,931
In case of disobedience or neglect of any subpoena served 3,933
on any person, or the refusal of any witness to testify to any 3,934
matter regarding which the witness may be lawfully interrogated, 3,936
the court of common pleas of the county in which such 3,937
disobedience, neglect, or refusal occurs, or any judge thereof, 3,938
on application of the commission or any member thereof, shall 3,939
compel obedience by attachment proceedings for contempt as in the 3,941
case of disobedience of the requirements of a subpoena issued 3,942
from such court or a refusal to testify therein. Witnesses at 3,943
such hearings shall testify under oath, and any member of the 3,944
commission may administer oaths or affirmations to persons who so 3,946
testify.
At the request of any party to the appeal, a stenographic 3,948
record of the testimony and other evidence submitted shall be 3,949
taken by an official court shorthand reporter at the expense of 3,950
the party making the request therefor. Such record shall include 3,951
all of the testimony and other evidence and the rulings on the 3,952
admissibility thereof presented at the hearing. The commission 3,954
shall pass upon the admissibility of evidence, but any party may 3,955
at the time object to the admission of any evidence and except to 3,956
the rulings of the commission thereon, and if the commission 3,958
89
refuses to admit evidence the party offering same may make a 3,959
proffer thereof, and such proffer shall be made a part of the 3,960
record of such hearing.
If upon completion of the hearing the commission finds that 3,963
the order appealed from was lawful and reasonable, it shall make
a written order affirming the order appealed from; if the 3,964
commission finds that the order was unreasonable or unlawful, it 3,966
shall make a written order vacating the order appealed from and 3,967
making the order which THAT it finds the chief should have made. 3,968
Every order made by the commission shall contain a written 3,970
finding by the commission of the facts upon which the order is 3,972
based.
Notice of the making of the order shall be given forthwith 3,974
to each party to the appeal by mailing a certified copy thereof 3,975
to each such party by certified mail. 3,976
The order of the commission is final unless vacated by the 3,978
court of common pleas of Franklin county in an appeal as provided 3,980
for in section 1509.37 of the Revised Code. Sections 1509.01 to 3,981
1509.37 of the Revised Code, providing for appeals relating to 3,983
orders by the chief or by the commission, or relating to rules 3,984
adopted and promulgated by the chief, do not constitute the 3,985
exclusive procedure which THAT any person who believes the 3,987
person's rights to be unlawfully affected by those sections or 3,988
any official action taken thereunder must pursue in order to 3,989
protect and preserve those rights, nor do those sections 3,990
constitute A procedure which THAT that person must pursue before 3,992
that person may lawfully appeal to the courts to protect and 3,993
preserve those rights. 3,994
Sec. 1509.38. There is hereby created in the division of 4,003
oil and gas MINERAL RESOURCES MANAGEMENT a technical advisory 4,005
council on oil and gas, which shall consist of eight members to 4,006
be appointed by the governor with the advice and consent of the
senate. Three members shall be independent oil or gas producers, 4,007
operators, or their representatives, operating and producing 4,008
90
primarily in this state, three members shall be oil or gas 4,009
producers, operators, or their representatives having substantial 4,010
oil and gas producing operations in this state and at least one 4,011
other state, one member shall represent the public, and one 4,012
member shall represent persons having landowners' royalty
interests in oil and gas production. All members shall be 4,013
residents of this state, and all members, except the members 4,014
representing the public and persons having landowners' royalty 4,015
interests, shall have at least five years of practical or
technical experience in oil or gas drilling and production. Not 4,016
more than one member may represent any one company, producer, or 4,017
operator.
Terms of office shall be for three years, commencing on the 4,019
first day of February and ending on the thirty-first day of 4,020
January. Each member shall hold office from the date of 4,021
appointment until the end of the term for which the member was 4,022
appointed. A vacancy in the office of a member shall be filled
by the governor, with the advice and consent of the senate. Any 4,023
member appointed to fill a vacancy occurring prior to the 4,024
expiration of the term for which the member's predecessor was 4,025
appointed shall hold office for the remainder of that term. Any 4,026
member shall continue in office subsequent to the expiration date 4,027
of the member's term until the member's successor takes office, 4,028
or until a period of sixty days has elapsed, whichever occurs
first. 4,029
The council shall select from among its members a 4,031
chairperson, a vice-chairperson, and a secretary. All members 4,032
are entitled to their actual and necessary expenses incurred in 4,033
the performance of their duties as members, payable from the 4,034
appropriations for the division.
The governor may remove any member for inefficiency, 4,036
neglect of duty, or malfeasance in office. 4,037
The council shall hold at least one regular meeting in each 4,039
quarter of a calendar year and shall keep a record of its 4,040
91
proceedings. Special meetings may be called by the chairperson 4,041
and shall be called by the chairperson upon receipt of a written 4,042
request signed by two or more members of the council. A written 4,043
notice of the time and place of each meeting shall be sent to
each member of the council. Five members constitute a quorum, 4,044
and no action of the council is valid unless five members concur. 4,045
The council, when requested by the chief of the division of 4,047
oil and gas MINERAL RESOURCES MANAGEMENT, shall consult with and 4,049
advise the chief and perform other duties that may be lawfully 4,050
delegated to it by the chief. The council may participate in
hearings held by the chief under this chapter and has powers of 4,051
approval as provided in sections 1509.24 and 1509.25 of the 4,052
Revised Code. The council shall conduct the activities required, 4,053
and exercise the authority granted, under Chapter 1510. of the 4,054
Revised Code.
Sec. 1509.39. This chapter or rules adopted under it shall 4,064
not be construed to prevent any municipal corporation, county, or 4,065
township from enacting and enforcing health and safety standards 4,066
for the drilling and exploration for oil and gas, provided that 4,067
such standards are not less restrictive than this chapter or the 4,068
rules adopted thereunder by the division of oil and gas MINERAL 4,069
RESOURCES MANAGEMENT. No county or township shall adopt or 4,070
enforce any ordinances, resolutions, rules, or requirements 4,071
relative to the minimum acreage requirements for drilling units; 4,072
minimum distances from which a new well or related production 4,073
facilities may be drilled or an existing well deepened, plugged 4,075
back, or reopened to a source of supply different from the 4,076
existing pool from boundaries of tracts, drilling units, other 4,077
wells, streets, roads, highways, railroad tracks, and any other 4,078
structures or facilities included in section 1509.23 of the 4,079
Revised Code; or the restoration or plugging of an oil and gas
well. No county or township shall require any permit or license 4,080
for the drilling, operation, production, plugging, or abandonment 4,081
of any oil or gas well nor any fee, bond or other security, or 4,082
92
insurance for any activity associated with the drilling, 4,083
operation, production, plugging, or abandonment of a well, except 4,084
for the permit provided for in section 4513.34 of the Revised 4,085
Code and any bond or other security associated therewith. 4,086
Sec. 1509.40. Except as provided in section 1509.29 of the 4,095
Revised Code, no authority granted in Chapter 1509. of the 4,096
Revised Code THIS CHAPTER shall be construed as authorizing a 4,098
limitation on the amount that any well, leasehold, or field is
permitted to produce under proration orders of the division of 4,099
oil and gas MINERAL RESOURCES MANAGEMENT. 4,100
Sec. 1510.01. As used in this chapter: 4,109
(A) "First purchaser" means: 4,111
(1) With regard to crude oil, the person to whom title 4,113
first is transferred beyond the gathering tank or tanks, beyond 4,114
the facility from which the crude oil was first produced, or 4,115
both;
(2) With regard to natural gas, the person to whom title 4,117
first is transferred beyond the inlet side of the measurement 4,118
station from which the natural gas was first produced. 4,119
(B) "Independent producer" means a person who complies 4,121
with both of the following: 4,122
(1) Produces oil or natural gas and is not engaged in 4,124
refining either product; 4,125
(2) Derives a majority of income from ownership in 4,126
properties producing oil or natural gas. 4,127
(C) "Qualified independent producer association" means an 4,129
association that complies with all of the following: 4,130
(1) It is in existence on the effective date of this 4,132
section; DECEMBER 18, 1997. 4,133
(2) It is organized and operating within this state;. 4,135
(3) A majority of the members of its governing body are 4,137
independent producers. 4,138
(D) "Technical advisory council" or "council" means the 4,140
technical advisory council created in the division of oil and gas 4,141
93
MINERAL RESOURCES MANAGEMENT under section 1509.38 of the Revised 4,143
Code.
Sec. 1510.08. (A)(1) Except as provided in division 4,152
(A)(2) of this section, an operating committee may levy 4,153
assessments on the production of oil and natural gas in this 4,154
state for the purposes of a marketing program established under 4,155
this chapter.
(2) An operating committee shall not levy an assessment 4,157
that was not approved by independent producers or that exceeds 4,158
the amount authorized under division (B)(1) of section 1510.04 of 4,159
the Revised Code. An operating committee shall not levy an 4,160
assessment against an independent producer who is not eligible to
vote in a referendum for the marketing program that the operating 4,161
committee administers, as determined under division (C) of 4,162
section 1510.02 of the Revised Code. 4,163
(B) The technical advisory council may require a first 4,165
purchaser to withhold assessments from any amounts that the first 4,166
purchaser owes to independent producers and, notwithstanding 4,167
division (A)(2) of this section, to remit them to the chairperson 4,168
of the council at the office of the division of oil and gas 4,169
MINERAL RESOURCES MANAGEMENT. A first purchaser who pays an
assessment that is levied pursuant to this section for an 4,171
independent producer may deduct the amount of the assessment from 4,172
any moneys that the first purchaser owes the independent
producer.
(C) A marketing program shall require a refund of 4,174
assessments collected under this section after receiving an 4,175
application for a refund from an independent producer. An 4,176
application for a refund shall be made on a form furnished by the 4,177
council. The operating committee shall ensure that refund forms
are available where assessments for its program are withheld. 4,178
An independent producer who desires a refund shall submit a 4,180
request for a refund not later than the thirty-first day of March 4,181
of the year in which the request is submitted. The council shall 4,182
94
refund the assessment to the independent producer not later than 4,183
the thirtieth day of June of the year in which the request for 4,184
the refund is submitted.
(D) An operating committee shall not use moneys from any 4,186
assessments that it levies for any political or legislative 4,187
purpose or for preferential treatment of one person to the 4,188
detriment of another person who is affected by the marketing 4,189
program that the operating committee administers.
Sec. 1513.01. As used in this chapter: 4,198
(A) "Approximate original contour" means that surface 4,200
configuration achieved by backfilling and grading of a mined area 4,201
so that the reclaimed area, including any terracing or access 4,202
roads, closely resembles the general surface configuration of the 4,203
land prior to mining and blends into and complements the drainage 4,204
pattern of the surrounding terrain, with all highwalls and spoil 4,205
piles eliminated; water impoundments may be permitted where the 4,206
chief of the division of mines and reclamation MINERAL RESOURCES 4,207
MANAGEMENT determines that they are in compliance with division 4,210
(A)(8) of section 1513.16 of the Revised Code. 4,211
(B) "Coal mining and reclamation operations" means coal 4,213
mining operations and all activities necessary and incident to 4,214
the reclamation of such operations. 4,215
(C) "Degrees" means inclination from the horizontal. 4,217
(D) "Deposition of sediment" means placing or causing to 4,219
be placed in any waters of the state, in stream beds on or off 4,220
the land described in an application for a coal mining permit, or 4,221
upon other lands any organic or inorganic matter that settles or 4,222
is capable of settling to the bottom of the waters and onto the 4,223
beds or lands. 4,224
(E) "Imminent danger to the health and safety of the 4,226
public" means the existence of any condition or practice or 4,227
violation of a permit or other requirement of this chapter or 4,228
rule adopted thereunder in a coal mining and reclamation 4,230
operation, which condition, practice, or violation could 4,231
95
reasonably be expected to cause substantial physical harm to 4,232
persons outside the permit area before the condition, practice, 4,233
or violation can be abated. A reasonable expectation of death or 4,234
serious injury before abatement exists if a rational person 4,235
subjected to the same conditions or practices giving rise to the 4,236
peril would not expose himself or herself ONESELF to the danger 4,237
during the time necessary for abatement.
(F) "Lands eligible for remining" means those lands that 4,239
otherwise would be eligible for expenditures under division 4,240
(C)(1) of section 1513.37 of the Revised Code. 4,241
(G) "Mountain top removal" means a coal mining operation 4,243
that will remove an entire coal seam or seams running through the 4,244
upper fraction of a mountain, ridge, or hill by removing all of 4,245
the overburden and creating a level plateau with no highwalls 4,246
remaining instead of restoring to approximate original contour, 4,247
and is capable of supporting postmining uses in accord ACCORDANCE 4,249
with the requirements established by the chief of the division of 4,250
mines and reclamation.
(H) "Operation" or "coal mining operation" means: 4,252
(1) Activities conducted on the surface of lands in 4,254
connection with a coal mine, the removal of coal from coal refuse 4,255
piles, and surface impacts incident to an underground coal mine. 4,256
Such activities include excavation for the purpose of obtaining 4,257
coal, including such common methods as contour, strip, auger, 4,258
mountaintop removal, box cut, open pit, and area mining; the use 4,259
of explosives and blasting; in situ distillation or retorting; 4,261
leaching or other chemical or physical processing; and the 4,262
cleaning, concentrating, or other processing or preparation of 4,263
coal. Such activities also include the loading of coal at or 4,264
near the mine site. Such activities do not include any of the 4,266
following:
(a) The extraction of coal incidental to the extraction of 4,268
other minerals if the weight of coal extracted is less than 4,270
one-sixth the total weight of minerals removed, including coal; 4,271
96
(b) The extraction of coal as an incidental part of 4,273
federal, state, or local highway or other government-financed 4,274
construction when approved by the chief; 4,275
(c) Coal exploration subject to section 1513.072 of the 4,277
Revised Code. 4,278
(2) The areas upon which such activities occur or where 4,280
such activities disturb the natural land surface. Such areas 4,281
include any adjacent land the use of which is incidental to any 4,282
such activities, all lands affected by the construction of new 4,283
roads or the improvement or use of existing roads to gain access 4,284
to the site of such activities, and for hauling, and excavation, 4,285
workings, impoundments, dams, ventilation shafts, entryways, 4,286
refuse banks, dumps, stockpiles, overburden piles, spoil banks, 4,287
culm banks, holes or depressions, repair areas, storage areas, 4,288
processing areas, shipping areas, and other areas upon which are 4,289
sited structures, facilities, or other property or materials on 4,290
the surface, resulting from or incident to such activities. 4,292
Separation by a stream, roadway, or utility easement does not 4,294
preclude two or more contiguous tracts of land from being 4,295
considered contiguous.
(I) "Operator" means any person conducting a coal mining 4,297
operation. 4,298
(J) "Overburden" means all of the earth and other 4,300
materials, except topsoil, covering a natural deposit of coal, 4,301
and also means such earth and other materials after removal from 4,302
their natural state in the process of coal mining. 4,303
(K) "Permit" means a permit to conduct coal mining and 4,305
reclamation operations issued by the chief pursuant to section 4,306
1513.07 or 1513.074 of the Revised Code. 4,307
(L) "Permit area" means the area of land to be affected 4,309
indicated on the approved map submitted by the operator with the 4,310
application required by section 1513.07 or 1513.074 of the 4,311
Revised Code. 4,312
(M) "Person" has the same meaning as in section 1.59 of 4,314
97
the Revised Code and also includes any political subdivision, 4,315
instrumentality, or agency of this state or the United States. 4,316
(N) "Pollution" means placing any sediments, solids, or 4,318
waterborne mining related wastes, including, but not limited to, 4,319
acids, metallic cations, or their salts, in excess of amounts 4,320
prescribed by the chief into any waters of the state or affecting 4,321
the properties of any waters of the state in a manner which THAT 4,322
renders those waters harmful or inimical to the public health, or 4,323
to animal or aquatic life, or to the use of the waters for 4,324
domestic water supply, industrial or agricultural purposes, or 4,325
recreation. 4,326
(O) "Prime farmland" has the same meaning as that 4,328
previously prescribed by the secretary of the United States 4,329
department of agriculture as published in the federal register on 4,330
August 23, 1977, or subsequent revisions thereof, on the basis of 4,331
such factors as moisture availability, temperature regime, 4,332
chemical balance, permeability, surface layer composition, 4,333
susceptibility to flooding, and erosion characteristics and which 4,334
THAT historically has been used for intensive agricultural 4,335
purposes, and as published in the rules adopted pursuant to this 4,336
chapter.
(P) "Reclamation" means backfilling, grading, resoiling, 4,338
planting, and other work that has the effect of restoring an area 4,339
of land affected by coal mining so that it may be used for forest 4,340
growth, grazing, agricultural, recreational, and wildlife 4,341
purpose, or some other useful purpose of equal or greater value 4,342
than existed prior to any mining. 4,343
(Q) "Spoil bank" means a deposit of removed overburden. 4,345
(R) "Steep slope" means any slope above twenty degrees or 4,347
such lesser slope as may be defined by the chief of reclamation 4,348
after considering soil, climate, and other characteristics of a 4,350
region.
(S) "Strip mining" means those coal mining and reclamation 4,352
operations incident to the extraction of coal from the earth by 4,353
98
removing the materials over a coal seam, before recovering the 4,354
coal, by auger coal mining, or by recovery of coal from a deposit 4,355
that is not in its original geologic location. 4,356
(T) "Unwarranted failure to comply" means the failure of a 4,358
permittee to prevent the occurrence of any violation of any 4,359
requirement of this chapter due to indifference, lack of 4,361
diligence, or lack of reasonable care, or the failure to abate 4,362
any violation of the permit or this chapter due to indifference, 4,363
lack of diligence, or lack of reasonable care. 4,364
(U) "Waters of the state" means all streams, lakes, ponds, 4,366
marshes, watercourses, waterways, wells, springs, irrigation 4,367
systems, drainage systems, and other bodies or accumulations of 4,369
water, surface or underground, natural or artificial, regardless 4,370
of the depth of the strata in which underground water is located, 4,371
which THAT are situated wholly or partly within, or border upon, 4,373
this state, or are within its jurisdiction.
(V) "Public roadway" means a road that is all of the 4,375
following:
(1) Designated as a public road in the jurisdiction within 4,377
which it is located; 4,378
(2) Constructed in a manner consistent with other public 4,380
roads within the jurisdiction within which it is located; 4,381
(3) Regularly maintained with public funds; 4,383
(4) Subject to and available for substantial use by the 4,385
public. 4,386
Sec. 1513.02. (A) The division of mines and reclamation 4,395
MINERAL RESOURCES MANAGEMENT shall administer, enforce, and 4,397
implement this chapter. The chief of the division of mines and 4,398
reclamation MINERAL RESOURCES MANAGEMENT shall do all of the 4,399
following:
(1) Adopt, amend, and rescind rules: 4,401
(a) To administer and enforce this chapter; 4,403
(b) To implement the requirements of this chapter for the 4,405
reclamation of lands affected by coal mining, including such 4,406
99
rules governing mining practices and procedures, segregation and 4,407
placement of soil and topsoil, backfilling, grading, terracing, 4,408
resoiling, soil conditioning and reconditioning, planting, 4,409
establishment of drainage patterns, construction of impoundments, 4,410
and the construction, maintenance, and disposition of haul roads, 4,411
ditches, and dikes, as may be necessary or desirable, under 4,412
varying conditions of slope, drainage, physical and chemical 4,413
characteristics of soil and overburden, erodability of materials, 4,414
season, growth characteristics of plants, and other factors 4,415
affecting coal mining and reclamation, to facilitate the return 4,416
of the land to a condition required by this chapter; to prevent 4,417
pollution or substantial diminution of waters of the state, 4,418
substantial erosion, substantial deposition of sediment, 4,419
landslides, accumulation and discharge of acid water, and 4,420
flooding, both during mining and reclamation and thereafter; to 4,421
restore the recharge capacity of the mined area to approximate 4,422
premining conditions; and to ensure full compliance with all 4,423
requirements of this chapter relating to reclamation, and the 4,424
attainment of those objectives in the interest of the public 4,425
health, safety, and welfare to which these reclamation 4,426
requirements are directed; 4,427
(c) To meet the requirements of the "Surface Mining 4,429
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 4,430
1201. 4,431
(2) Issue orders to enforce this chapter and rules adopted 4,433
under it; 4,434
(3) Adopt rules for the internal management of the 4,436
division that do not affect private rights; 4,437
(4) Adopt programs, rules, and procedures designed to 4,439
assist the coal operator in this state with the permitting 4,440
process and complying with the environmental standards of this 4,441
chapter. Upon request of the applicant for a permit, the chief 4,442
shall make a determination of the probable hydrologic 4,443
consequences required in division (B)(2)(k) of section 1513.07 of 4,444
100
the Revised Code within sixty days after a permit has been 4,445
submitted to the division for those applications requesting the 4,446
chief to perform the study. The chief shall perform the chemical 4,447
analysis of test borings or core samplings for operators who have 4,448
a total annual production of coal at all locations that does not 4,449
exceed one hundred thousand tons. 4,450
(5) Adopt programs, rules, and procedures designed to 4,452
ensure that reclamation is performed on operations for which the 4,453
performance bond has been forfeited pursuant to section 1513.16 4,454
of the Revised Code; 4,455
(6) Receive, administer, and expend moneys obtained from 4,457
the United States department of the interior and other federal 4,458
agencies to implement the state's permanent coal regulatory 4,459
program; 4,460
(7)(a) Regulate the beneficial use of coal combustion 4,463
byproducts at coal mining and reclamation operations and 4,464
abandoned mine lands that are regulated under this chapter and 4,465
rules adopted under it. The beneficial use of coal combustion 4,466
byproducts at such coal mining and reclamation operations and 4,467
abandoned mine lands is subject to all applicable performance 4,468
standards and requirements established under this chapter and 4,469
rules adopted under it, including, without limitation, standards 4,470
and requirements established under section 1513.16 of the Revised 4,471
Code and rules adopted pursuant to it. 4,473
The beneficial use of coal combustion byproducts that is 4,475
authorized at coal mining and reclamation operations and 4,476
abandoned mine lands that are regulated under this chapter and 4,477
rules adopted under it is not subject to the following provisions 4,479
of Chapters 3734. and 6111. of the Revised Code and rules adopted 4,481
under those provisions: 4,482
(i) Permit and license requirements for solid waste 4,485
facilities established under sections 3734.02 and 3734.05 of the 4,486
Revised Code; 4,487
(ii) The prohibition against the open dumping of solid 4,490
101
wastes established in section 3734.03 of the Revised Code; 4,492
(iii) Solid waste generation and disposal fees established 4,495
under sections 3734.57 to 3734.574 of the Revised Code; 4,497
(iv) Permit to install and plan approval requirements 4,500
established under sections 6111.03, 6111.44, and 6111.45 of the 4,501
Revised Code. 4,502
Nothing in division (A)(7) of this section shall be 4,505
construed to limit any other requirements that are applicable to 4,506
the beneficial use of coal combustion byproducts and that are 4,507
established under Chapter 3704., 3714., 3734., or 6111. of the 4,509
Revised Code or under local or federal laws, including, without 4,512
limitation, requirements governing air pollution control permits, 4,513
hazardous waste, national pollutant discharge elimination system 4,514
permits, and section 401 water quality certifications. 4,515
(b) As used in division (A)(7) of this section: 4,518
(i) "Coal combustion byproducts" means fly ash, bottom 4,521
ash, coal slag, flue gas desulphurization and fluidized bed 4,522
combustion byproducts, air or water pollution control residues 4,523
from the operation of a coal-fired electric or steam generation 4,524
facility, and any material from a clean coal technology 4,525
demonstration project or other innovative process at a coal-fired 4,526
electric or steam generation facility.
(ii) "Beneficial use" means the use of coal combustion 4,529
byproducts in a manner that is not equivalent to the 4,530
establishment of a disposal system or a solid waste disposal 4,531
facility and that is unlikely to affect human health or safety or 4,532
the environment adversely or to degrade the existing quality of 4,533
the land, air, or water. "Beneficial use" includes, without 4,534
limitation, land application uses for agronomic value; land 4,535
reclamation uses; and discrete, controlled uses for structural 4,536
fill, pavement aggregate, pipe bedding aggregate, mine sealing, 4,537
alternative drainage or capping material, and pilot demonstration 4,538
projects.
(iii) "Structural fill" means the discrete, controlled use 4,541
102
of a coal combustion byproduct as a substitute for a conventional 4,542
aggregate, raw material, or soil under or immediately adjacent to 4,543
a building or structure. "Structural fill" does not include uses 4,544
that involve general filling or grading operations or valley 4,545
fills.
(iv) "Pavement aggregate" means the discrete, controlled 4,548
use of a coal combustion byproduct as a subbase material or 4,549
drainage layer under or immediately adjacent to a paved road or a 4,550
paved parking lot where the coal combustion byproduct is a 4,551
substitute for a conventional aggregate, raw material, or soil. 4,552
(v) "Pipe bedding aggregate" means the discrete, 4,555
controlled use of a coal combustion byproduct as a substitute for 4,556
a conventional aggregate, raw material, or soil under, around, or 4,557
immediately adjacent to a water, sewer, or other pipeline. 4,558
(vi) "Coal-fired electric or steam generation facility" 4,561
includes any boiler that is fired with coal or with coal in 4,562
combination with petroleum coke, oil, natural gas, or any other 4,563
fossil fuel.
(vii) "Solid waste disposal facility" means a facility for 4,566
the disposal of solid wastes as provided in Chapter 3734. of the 4,567
Revised Code and rules adopted under it. 4,570
(viii) "Disposal system" has the same meaning as in 4,573
section 6111.01 of the Revised Code. 4,575
(B) The chief, by rule, may designate as unsuitable for 4,577
coal mining natural areas maintained on the registry of natural 4,578
areas of the department of natural resources pursuant to Chapter 4,580
1517. of the Revised Code, wild, scenic, or recreational river 4,581
areas designated pursuant to that chapter, publicly owned or 4,583
dedicated parks, and other areas of unique and irreplaceable 4,584
natural beauty or condition, or areas within specified distances 4,585
of a public road, occupied dwelling, public building, school, 4,586
church, community, or institutional building, public park, or 4,587
cemetery. Such a designation may include land adjacent to the 4,588
perimeters of those areas that may be necessary to protect their 4,589
103
integrity.
(C)(1) The adoption, amendment, and rescission of rules 4,591
under divisions (A)(1) and (B) of this section are subject to 4,592
Chapter 119. of the Revised Code. 4,593
(2) The issuance of orders under division (A)(2) of this 4,595
section and appeals therefrom are not governed by or subject to 4,596
Chapter 119. of the Revised Code, but are governed by this 4,597
chapter. 4,598
(D)(1) When the chief or an authorized representative of 4,600
the chief determines that any condition or practice exists or 4,601
that any permittee is in violation of any requirement of this 4,602
chapter or any permit condition required by this chapter, which 4,603
condition, practice, or violation creates an imminent danger to 4,604
the health or safety of the public or is causing, or can 4,605
reasonably be expected to cause, significant, imminent 4,606
environmental harm to land, air, or water resources, the chief or 4,607
the authorized representative immediately shall order the 4,608
cessation of coal mining and reclamation operations or the 4,609
portion thereof relevant to the condition, practice, or 4,610
violation. The cessation order shall remain in effect until the 4,611
chief or the authorized representative determines that the 4,612
condition, practice, or violation has been abated or until the 4,613
order is modified, vacated, or terminated by the chief or the 4,614
authorized representative pursuant to division (D)(4) of this 4,615
section or by the reclamation commission pursuant to section 4,616
1513.13 of the Revised Code. When the chief or the authorized 4,618
representative finds that the ordered cessation of coal mining 4,619
and reclamation operations or any portion thereof will not 4,620
completely abate the imminent danger to the health or safety of 4,621
the public or the significant, imminent environmental harm to 4,622
land, air, or water resources, the chief or the authorized 4,623
representative, in addition to the cessation order, shall order 4,624
the operator to take whatever steps the chief or the authorized 4,626
representative considers necessary to abate the imminent danger
104
or the significant environmental harm. 4,627
(2) When the chief or an authorized representative of the 4,630
chief determines that any person is in violation of any
requirement of this chapter or any permit condition required by 4,631
this chapter, but the violation does not create an imminent 4,632
danger to the health or safety of the public or cannot reasonably 4,633
be expected to cause significant, imminent environmental harm to 4,634
land, air, or water resources, the chief or the authorized 4,635
representative shall issue a notice of violation to the person or 4,637
the person's agent fixing a reasonable time for the abatement of 4,638
the violation, provided that the time afforded a person to abate 4,640
the violation shall not exceed the time limitations prescribed by 4,641
the secretary of the interior in 30 C.F.R. Part 843 for an 4,642
approvable state regulatory program under the "Surface Mining 4,643
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 4,644
1201.
If, upon expiration of the period of time as originally 4,646
fixed or subsequently extended for good cause shown and upon the 4,647
written finding of the chief or the authorized representative, 4,648
the chief or the authorized representative finds that the 4,650
violation has not been abated, the chief or the authorized 4,651
representative immediately shall order the cessation of coal 4,653
mining and reclamation operations or the portion thereof relevant 4,654
to the violation. The cessation order shall remain in effect 4,655
until the chief or the authorized representative determines that 4,656
the violation has been abated or until the order is modified, 4,657
vacated, or terminated by the chief or the authorized 4,658
representative pursuant to division (D)(4) of this section or by 4,660
the reclamation commission pursuant to section 1513.13 of the 4,662
Revised Code. In a cessation order issued under division (D)(2) 4,663
of this section, the chief or the authorized representative shall 4,666
prescribe the steps necessary to abate the violation in the most 4,667
expeditious manner possible.
(3) When in the judgment of the chief or an authorized 4,669
105
representative of the chief a pattern of violations of any 4,670
requirements of this chapter or any permit conditions required by 4,672
this chapter exists or has existed and the violations are caused 4,673
by the unwarranted failure of the permittee to comply with any 4,674
requirements of this chapter or any permit conditions or are 4,675
willfully caused by the permittee, the chief or the authorized 4,677
representative immediately shall issue an order to the permittee 4,678
to show cause why the permit should not be suspended or revoked. 4,679
If a hearing is requested, the chief shall inform all interested 4,680
parties of the time and place of the hearing and conduct the 4,681
hearing pursuant to division (D) of section 1513.13 of the 4,682
Revised Code. Upon the permittee's failure to show cause why the 4,684
permit should not be suspended or revoked, the chief or the 4,685
authorized representative immediately shall suspend or revoke the 4,687
permit.
(4) Notices of violation and orders issued pursuant to 4,689
this section shall set forth with reasonable specificity the 4,690
nature of the violation and the remedial action required, the 4,691
period of time established for abatement, and a reasonable 4,692
description of the portion of the coal mining and reclamation 4,693
operation to which the notice or order applies. Each notice or 4,694
order issued under this section shall be given promptly to the 4,695
alleged violator or the agent of the alleged violator by the 4,697
chief or an authorized representative of the chief who issues the 4,698
notice or order. Notices and orders shall be in writing and 4,699
shall be signed by the chief or the authorized representative and 4,700
may be modified, vacated, or terminated by the chief or the 4,702
authorized representative. Any notice or order issued pursuant 4,703
to this section that requires cessation of mining by the operator 4,704
shall expire within thirty days after actual notice to the 4,705
operator unless a public hearing pursuant to section 1513.13 of 4,706
the Revised Code is held at the site or within such reasonable 4,707
proximity to the site that any viewings of the site can be 4,708
conducted during the course of the public hearing. 4,709
106
(E) The chief may appoint, under section 121.13 of the 4,711
Revised Code, an advisory committee of experts in the fields of 4,712
hydrology, soil conservation, historic preservation, and related 4,713
fields to provide advice on coal mining and reclamation 4,715
practices, the environmental impact of coal mining, the adoption 4,716
of rules, the approval of plans, and the issuance of permits 4,717
under section 1513.07 of the Revised Code. 4,718
(F)(1) A person who violates a permit condition or any 4,720
other provision of this chapter may be assessed a civil penalty 4,721
by the chief, except that if the violation leads to the issuance 4,722
of a cessation order under division (D) of this section, the 4,723
civil penalty shall be assessed for each day until the person 4,724
initiates the necessary corrective steps. The penalty shall not 4,725
exceed five thousand dollars for each violation. Each day of 4,726
continuing violation may be deemed a separate violation for 4,727
purposes of penalty assessments. In determining the amount of 4,728
the penalty, consideration shall be given to the person's history 4,729
of previous violation at the particular coal mining operation; 4,730
the seriousness of the violation, including any irreparable harm 4,731
to the environment and any hazard to the health or safety of the 4,732
public; whether the person was negligent; and the demonstrated 4,733
diligence of the person charged in attempting to achieve rapid 4,734
compliance after notification of the violation. 4,735
(2) A civil penalty shall be assessed by the chief only 4,737
after the person charged with a violation under division 4,739
(F)(E)(1) of this section has been given an opportunity for a 4,740
public hearing. If a person charged with such a violation fails 4,741
to avail self ONESELF of the opportunity for a public hearing, a 4,742
civil penalty shall be assessed by the chief after the chief has 4,743
determined that a violation did occur, and the amount of the 4,744
penalty that is warranted, and has issued an order requiring that 4,747
the penalty be paid.
(3) Upon the issuance of a notice or order charging that a 4,749
violation of this chapter has occurred, the chief shall inform 4,750
107
the operator within thirty days of the proposed amount of the 4,751
penalty and provide opportunity for an adjudicatory hearing 4,752
pursuant to section 1513.13 of the Revised Code. The person 4,753
charged with the penalty then shall have thirty days to pay the 4,754
proposed penalty in full or, if the person wishes to contest 4,755
either the amount of the penalty or the fact of the violation, 4,756
file a petition for review of the proposed assessment with the 4,757
secretary of the reclamation commission pursuant to section 4,759
1513.13 of the Revised Code. If, after the hearing, the 4,760
commission affirms or modifies the proposed amount of the 4,762
penalty, the person charged with the penalty then shall have 4,763
thirty days after receipt of the written decision to pay the 4,764
amount in full or file an appeal with the court of appeals in 4,765
accordance with section 1513.14 of the Revised Code. At the time 4,766
the petition for review of the proposed assessment is filed with 4,767
the secretary, the person shall forward the amount of the penalty 4,768
to the secretary for placement in the reclamation penalty fund, 4,769
which is hereby created. The fund shall be in the custody of the 4,770
treasurer of state, but shall not be a part of the state 4,771
treasury. Pursuant to administrative or judicial review of the 4,772
penalty, the secretary, within thirty days, shall remit the 4,773
appropriate amount of the penalty to the person, with interest, 4,774
if it is determined that no violation occurred or that the amount 4,775
of the penalty should be reduced, and the secretary shall forward 4,776
the balance of the penalty or, if the penalty was not reduced, 4,778
the entire amount of the penalty, with interest, to the chief for 4,779
deposit in the coal mining administration and reclamation reserve 4,780
fund created in section 1513.181 of the Revised Code. Failure to 4,781
forward the money to the secretary within thirty days after the 4,782
chief informs the operator of the proposed amount of the penalty 4,783
shall result in a waiver of all legal rights to contest the 4,784
violation or the amount of the penalty. Within fifteen days 4,785
after being informed of the penalty, the person charged with the 4,786
penalty may request in writing an informal assessment conference 4,787
108
to review the amount of the penalty. The conference shall be 4,788
presided over by the chief or an individual appointed by the 4,789
chief other than the inspector that issued the notice of 4,791
violation or order upon which the penalty is based. The chief
shall adopt rules governing procedures to be followed in informal 4,792
conferences. Time allowed for payment of the penalty or appeal 4,793
to the commission shall be tolled while the penalty is being 4,795
reviewed in an informal conference. 4,796
(4) An operator who fails to correct a violation for which 4,798
a notice of violation or order has been issued under division (D) 4,799
of this section within the period permitted for its correction 4,800
shall be assessed a civil penalty of not less than seven hundred 4,801
fifty dollars for each day during which the failure or violation 4,802
continues. However, a civil penalty shall not be assessed under 4,803
division (F)(E)(4) of this section if the commission orders the 4,805
suspension of the abatement requirement after determining, based 4,807
upon the findings of an expedited hearing held under section 4,808
1513.13 of the Revised Code at the request of the operator, that 4,809
the operator will suffer irreparable loss or damage from the 4,810
application of the abatement requirement or if the court orders 4,811
suspension of the abatement requirement pursuant to review 4,812
proceedings held under section 1513.14 of the Revised Code at the 4,813
request of the operator.
(G)(F) The chief may enter into a cooperative agreement 4,815
with the secretary of the interior to provide for state 4,816
regulation of coal mining and reclamation operations on federal 4,817
lands within the state. 4,818
(H)(G) The chief may prohibit augering if necessary to 4,820
maximize the utilization, recoverability, or conservation of the 4,821
solid fuel resources or to protect against adverse water quality 4,822
impacts. 4,823
(I)(H) The chief shall transmit copies of all schedules 4,825
submitted under section 1513.07 of the Revised Code pertaining to 4,826
violations of air or water quality laws and rules adopted and 4,827
109
orders issued under those laws in connection with coal mining 4,829
operations to the director of environmental protection for 4,830
verification. 4,831
(J)(I) For the purposes of sections 1513.18, 1513.24, 4,833
1513.37, and 1514.06 of the Revised Code, the chief triennially 4,834
shall determine the average wage rate for companies performing 4,835
reclamation work for the division under those sections by 4,836
averaging the wage rate paid by all companies performing such 4,837
reclamation work during the three years immediately preceding the 4,839
determination. However, in making the initial determination 4,840
under this division, the chief shall average the wage rate paid 4,841
by all companies performing such reclamation work during the ten 4,842
years immediately preceding October 29, 1995. 4,843
Sec. 1513.03. The chief of the division of mines and 4,852
reclamation MINERAL RESOURCES MANAGEMENT shall designate certain 4,853
employees of the division as inspection officers of coal and 4,855
surface mining operations MINERAL RESOURCES INSPECTORS for the 4,856
purpose of enforcing the coal mining laws and the surface mining 4,857
laws. Such inspection officers INSPECTORS may enter upon and 4,858
inspect any coal or surface mining operation at any time, and 4,859
upon entering the permit area the inspector shall notify the 4,860
operator and shall furnish proper identification. After the 4,861
final maps have been approved, the inspector shall notify the 4,862
nearest mine office of the operator and advise of the inspection. 4,863
They may serve and execute warrants and other processes of law 4,864
issued in the enforcement of this chapter and Chapter 1514. of 4,865
the Revised Code and rules adopted thereunder. 4,866
Such inspection officers INSPECTORS, while in the normal, 4,868
lawful, and peaceful pursuit of their duties, may enter upon, 4,870
cross over, and remain upon privately owned lands for such 4,871
purposes, and shall not be subject to arrest for trespass while 4,872
so engaged or for such cause thereafter. 4,873
Before a person other than a person who was an inspector of 4,875
coal or surface mining operations OR OIL AND GAS OPERATIONS on 4,876
110
April 10, 1972 JULY 1, 1999, is eligible for appointment as an 4,878
inspection officer A MINERAL RESOURCES INSPECTOR, he THE PERSON 4,879
shall pass an examination prepared and administered by the 4,880
department of administrative services and shall serve in a 4,881
provisional status for a probationary period of one year SIX 4,882
MONTHS to the satisfaction of the chief. The chief may hire 4,884
provisionally, pending the administration of a civil service 4,885
examination and establishment of a civil service eligibility 4,886
list. A person serving in a provisional status has the same 4,887
authority as a permanently appointed inspection officer 4,888
INSPECTOR. This section does not affect the status of any person 4,890
employed as an inspector of coal or surface mining operations OR 4,891
OIL AND GAS OPERATIONS prior to April 10, 1972 JULY 1, 1999, if 4,892
the person is a certified employee in the classified service of 4,893
the state.
Sec. 1513.07. (A)(1) No operator shall conduct a coal 4,902
mining operation without a permit for the operation issued by the 4,904
chief of the division of mines and reclamation. Any permit
validly issued by the chief after February 3, 1978, in effect on 4,905
September 1, 1981, that would expire at any time before eight 4,906
months after approval of the state reclamation program by the 4,907
secretary of the United States department of the interior 4,908
pursuant to the "Surface Mining Control and Reclamation Act of 4,909
1977," 91 Stat. 446, 20 U.S.C. 1201, shall remain in effect until 4,910
eight months after approval of the program. A permit so extended 4,911
shall continue as a valid existing permit beyond the eight-month 4,912
period if the permittee, having filed an application for a new 4,913
permit within two months after the date of approval of the state 4,914
program, has not received an initial administrative decision on 4,915
the application MINERAL RESOURCES MANAGEMENT. 4,916
(2) All permits issued pursuant to this chapter shall be 4,918
issued for a term not to exceed five years, except that, if the 4,919
applicant demonstrates that a specified longer term is reasonably 4,920
needed to allow the applicant to obtain necessary financing for 4,921
111
equipment and the opening of the operation and if the application 4,922
is full and complete for the specified longer term, the chief may 4,923
grant a permit for the longer term. A successor in interest to a 4,924
permittee who applies for a new permit within thirty days after 4,925
succeeding to the interest and who is able to obtain the bond 4,926
coverage of the original permittee may continue coal mining and 4,927
reclamation operations according to the approved mining and 4,928
reclamation plan of the original permittee until the successor's 4,929
application is granted or denied. 4,930
(3) A permit shall terminate if the permittee has not 4,932
commenced the coal mining operations covered by the permit within 4,933
three years after the issuance of the permit, except that the 4,934
chief may grant reasonable extensions of the time upon a showing 4,935
that the extensions are necessary by reason of litigation 4,936
precluding the commencement or threatening substantial economic 4,937
loss to the permittee or by reason of conditions beyond the 4,938
control and without the fault or negligence of the permittee, and 4,939
except that with respect to coal to be mined for use in a 4,940
synthetic fuel facility or specified major electric generating 4,941
facility, the permittee shall be deemed to have commenced coal 4,942
mining operations at the time construction of the synthetic fuel 4,943
or generating facility is initiated. 4,944
(4)(a) Any permit issued pursuant to this chapter shall 4,946
carry with it the right of successive renewal upon expiration 4,947
with respect to areas within the boundaries of the permit. The 4,948
holders of the permit may apply for renewal and the renewal shall 4,949
be issued unless the chief determines by written findings, 4,950
subsequent to fulfillment of the public notice requirements of 4,951
this section and section 1513.071 of the Revised Code through 4,952
demonstrations by opponents of renewal or otherwise, that one or 4,953
more of the following circumstances exists: 4,954
(i) The terms and conditions of the existing permit are 4,956
not being satisfactorily met; 4,957
(ii) The present coal mining and reclamation operation is 4,959
112
not in compliance with the environmental protection standards of 4,960
this chapter; 4,961
(iii) The renewal requested substantially jeopardizes the 4,963
operator's continuing responsibilities on existing permit areas; 4,964
(iv) The applicant has not provided evidence that the 4,966
performance bond in effect for the operation will continue in 4,967
effect for any renewal requested in the application; 4,968
(v) Any additional, revised, or updated information 4,970
required by the chief has not been provided. Prior to the 4,971
approval of any renewal of a permit, the chief shall provide 4,972
notice to the appropriate public authorities as prescribed by 4,973
rule of the chief. 4,974
(b) If an application for renewal of a valid permit 4,976
includes a proposal to extend the mining operation beyond the 4,977
boundaries authorized in the existing permit, the portion of the 4,978
application for renewal of a valid permit that addresses any new 4,979
land areas shall be subject to the full standards applicable to 4,980
new applications under this chapter. 4,981
(c) A permit renewal shall be for a term not to exceed the 4,983
period of the original permit established by this chapter. 4,984
Application for permit renewal shall be made at least one hundred 4,985
twenty days prior to the expiration of the valid permit. 4,986
(5) A permit issued pursuant to this chapter does not 4,988
eliminate the requirements for obtaining a permit to install or 4,989
modify a disposal system or any part thereof or to discharge 4,990
sewage, industrial waste, or other wastes into the waters of the 4,991
state in accordance with Chapter 6111. of the Revised Code. 4,992
(B)(1) Each application for a coal mining and reclamation 4,994
permit or renewal of such a permit shall be accompanied by a 4,995
permit or renewal fee in an amount equal to the product of 4,996
seventy-five dollars multiplied by the number of acres, estimated 4,997
in the application, that will comprise the area of land to be 4,998
affected within the permit or renewal period by the coal mining 4,999
operation for which the permit or renewal is requested. 5,000
113
(2) The permit application shall be submitted in a manner 5,002
satisfactory to the chief and shall contain, among other things, 5,003
all of the following: 5,004
(a) The names and addresses of all of the following: 5,006
(i) The permit applicant; 5,008
(ii) Every legal owner of record of the property, surface 5,010
and mineral, to be mined; 5,011
(iii) The holders of record of any leasehold interest in 5,013
the property; 5,014
(iv) Any purchaser of record of the property under a real 5,016
estate contract; 5,017
(v) The operator if different from the applicant; 5,019
(vi) If any of these are business entities other than a 5,021
single proprietor, the names and addresses of the principals, 5,022
officers, and statutory agent for service of process. 5,023
(b) The names and addresses of the owners of record of all 5,025
surface and subsurface areas adjacent to any part of the permit 5,026
area; 5,027
(c) A statement of any current or previous coal mining 5,029
permits in the United States held by the applicant, the permit 5,030
identification, and any pending applications; 5,031
(d) If the applicant is a partnership, corporation, 5,033
association, or other business entity, the following where 5,034
applicable: the names and addresses of every officer, partner, 5,035
director, or person performing a function similar to a director, 5,036
of the applicant, the name and address of any person owning, of 5,037
record, ten per cent or more of any class of voting stock of the 5,038
applicant, a list of all names under which the applicant, 5,039
partner, or principal shareholder previously operated a coal 5,040
mining operation within the United States within the five-year 5,041
period preceding the date of submission of the application, and a 5,042
list of the person or persons primarily responsible for ensuring 5,043
that the applicant complies with the requirements of this chapter 5,044
and rules adopted pursuant thereto while mining and reclaiming 5,045
114
under the permit; 5,046
(e) A statement of whether the applicant, any subsidiary, 5,048
affiliate, or persons controlled by or under common control with 5,049
the applicant, any partner if the applicant is a partnership, any 5,050
officer, principal shareholder, or director if the applicant is a 5,051
corporation, or any other person who has a right to control or in 5,052
fact controls the management of the applicant or the selection of 5,053
officers, directors, or managers of the applicant: 5,054
(i) Has ever held a federal or state coal mining permit 5,056
that in the five-year period prior to the date of submission of 5,057
the application has been suspended or revoked or has had a coal 5,058
mining bond or similar security deposited in lieu of bond 5,059
forfeited and, if so, a brief explanation of the facts involved; 5,060
(ii) Has been an officer, partner, director, principal 5,062
shareholder, or person having the right to control or has in fact 5,063
controlled the management of or the selection of officers, 5,064
directors, or managers of a business entity that has had a coal 5,065
mining or surface mining permit that in the five-year period 5,066
prior to the date of submission of the application has been 5,067
suspended or revoked or has had a coal mining or surface mining 5,068
bond or similar security deposited in lieu of bond forfeited and, 5,069
if so, a brief explanation of the facts involved. 5,070
(f) A copy of the applicant's advertisement to be 5,072
published in a newspaper of general circulation in the locality 5,073
of the proposed site at least once a week for four successive 5,074
weeks, which shall include the ownership of the proposed mine, a 5,075
description of the exact location and boundaries of the proposed 5,076
site sufficient to make the proposed operation readily 5,077
identifiable by local residents, and the location where the 5,078
application is available for public inspection; 5,079
(g) A description of the type and method of coal mining 5,081
operation that exists or is proposed, the engineering techniques 5,082
proposed or used, and the equipment used or proposed to be used; 5,083
(h) The anticipated or actual starting and termination 5,085
115
dates of each phase of the mining operation and number of acres 5,086
of land to be affected; 5,087
(i) An accurate map or plan, to an appropriate scale, 5,089
clearly showing the land to be affected and the land upon which 5,090
the applicant has the legal right to enter and commence coal 5,091
mining operations, copies of those documents upon which is based 5,092
the applicant's legal right to enter and commence coal mining 5,094
operations, and a statement whether that right is the subject of 5,095
pending litigation. This chapter does not authorize the chief to 5,096
adjudicate property title disputes. 5,097
(j) The name of the watershed and location of the surface 5,099
stream or tributary into which drainage from the operation will 5,100
be discharged; 5,101
(k) A determination of the probable hydrologic 5,103
consequences of the mining and reclamation operations, both on 5,104
and off the mine site, with respect to the hydrologic regime, 5,105
providing information on the quantity and quality of water in 5,106
surface and ground water systems including the dissolved and 5,107
suspended solids under seasonal flow conditions and the 5,108
collection of sufficient data for the mine site and surrounding 5,109
areas so that an assessment can be made by the chief of the 5,110
probable cumulative impacts of all anticipated mining in the area 5,111
upon the hydrology of the area and particularly upon water 5,112
availability, but this determination shall not be required until 5,113
hydrologic information of the general area prior to mining is 5,114
made available from an appropriate federal or state agency; 5,115
however, the permit shall not be approved until the information 5,116
is available and is incorporated into the application; 5,117
(l) When requested by the chief, the climatological 5,119
factors that are peculiar to the locality of the land to be 5,120
affected, including the average seasonal precipitation, the 5,121
average direction and velocity of prevailing winds, and the 5,122
seasonal temperature ranges; 5,123
(m) Accurate maps prepared by or under the direction of 5,125
116
and certified by a qualified registered professional engineer, 5,126
registered surveyor, or licensed landscape architect to an 5,127
appropriate scale clearly showing all types of information set 5,128
forth on topographical maps of the United States geological 5,129
survey of a scale of not more than four hundred feet to the inch, 5,130
including all man-made ARTIFICIAL features and significant known 5,131
archeological sites. The map, among other things specified by 5,133
the chief, shall show all boundaries of the land to be affected,
the boundary lines and names of present owners of record of all 5,134
surface areas abutting the permit area, and the location of all 5,135
buildings within one thousand feet of the permit area. 5,136
(n)(i) Cross-section maps or plans of the land to be 5,138
affected including the actual area to be mined, prepared by or 5,139
under the direction of and certified by a qualified registered 5,140
professional engineer or certified professional geologist with 5,141
assistance from experts in related fields such as hydrology, 5,142
hydrogeology, geology, and landscape architecture, showing 5,143
pertinent elevations and locations of test borings or core 5,144
samplings and depicting the following information: the nature 5,145
and depth of the various strata of overburden; the nature and 5,146
thickness of any coal or rider seam above the coal seam to be 5,147
mined; the nature of the stratum immediately beneath the coal 5,148
seam to be mined; all mineral crop lines and the strike and dip 5,149
of the coal to be mined within the area to be affected; existing 5,150
or previous coal mining limits; the location and extent of known 5,151
workings of any underground mines, including mine openings to the 5,152
surface; the location of spoil, waste, or refuse areas and 5,153
topsoil preservation areas; the location of all impoundments for 5,154
waste or erosion control; any settling or water treatment 5,155
facility; constructed or natural drainways and the location of 5,156
any discharges to any surface body of water on the land to be 5,157
affected or adjacent thereto; profiles at appropriate cross 5,158
sections of the anticipated final surface configuration that will 5,159
be achieved pursuant to the operator's proposed reclamation plan; 5,160
117
the location of subsurface water, if encountered; the location 5,161
and quality of aquifers; and the estimated elevation of the water 5,162
table. Registered surveyors shall be allowed to perform all 5,163
plans, maps, and certifications under this chapter as they are 5,164
authorized under Chapter 4733. of the Revised Code. 5,165
(ii) A statement of the quality and locations of 5,167
subsurface water. The chief shall provide by rule the number of 5,168
locations to be sampled, frequency of collection, and parameters 5,169
to be analyzed to obtain the statement required. 5,170
(o) A statement of the results of test borings or core 5,172
samplings from the permit area, including logs of the drill 5,173
holes, the thickness of the coal seam found, an analysis of the 5,174
chemical properties of the coal, the sulfur content of any coal 5,175
seam, chemical analysis of potentially acid or toxic forming 5,176
sections of the overburden, and chemical analysis of the stratum 5,177
lying immediately underneath the coal to be mined, except that 5,178
this division may be waived by the chief with respect to the 5,179
specific application by a written determination that its 5,180
requirements are unnecessary; 5,181
(p) For those lands in the permit application which THAT a 5,183
reconnaissance inspection suggests may be prime farmlands, a soil 5,184
survey shall be made or obtained according to standards 5,185
established by the secretary of the United States department of 5,186
agriculture in order to confirm the exact location of the prime 5,187
farmlands, if any; 5,188
(q) A certificate issued by an insurance company 5,190
authorized to do business in this state certifying that the 5,191
applicant has a public liability insurance policy in force for 5,192
the coal mining and reclamation operations for which the permit 5,193
is sought or evidence that the applicant has satisfied other 5,194
state self-insurance requirements. The policy shall provide for 5,195
personal injury and property damage protection in an amount 5,196
adequate to compensate any persons damaged as a result of coal 5,197
mining and reclamation operations, including the use of 5,198
118
explosives, and entitled to compensation under the applicable 5,199
provisions of state law. The policy shall be maintained in 5,200
effect during the term of the permit or any renewal, including 5,201
the length of all reclamation operations. The insurance company 5,202
shall give prompt notice to the permittee and the chief if the 5,203
public liability insurance policy lapses for any reason including 5,204
the nonpayment of insurance premiums. Upon the lapse of the 5,205
policy, the chief may suspend the permit and all other 5,206
outstanding permits until proper insurance coverage is obtained. 5,207
(r) The business telephone number of the applicant; 5,209
(s) If the applicant seeks an authorization under division 5,211
(E)(7) of this section to conduct coal mining and reclamation 5,212
operations on areas to be covered by the permit that were 5,213
affected by coal mining operations before August 3, 1977, that 5,214
have resulted in continuing water pollution from or on the 5,215
previously mined areas, such additional information pertaining to 5,216
those previously mined areas as may be required by the chief, 5,217
including, without limitation, maps, plans, cross sections, data 5,218
necessary to determine existing water quality from or on those 5,219
areas with respect to pH, iron, and manganese, and a pollution 5,220
abatement plan that may improve water quality from or on those 5,221
areas with respect to pH, iron, and manganese. 5,222
(3) Information pertaining to coal seams, test borings, 5,224
core samplings, or soil samples as required by this section shall 5,225
be made available by the chief to any person with an interest 5,226
that is or may be adversely affected, except that information 5,227
that pertains only to the analysis of the chemical and physical 5,228
properties of the coal, excluding information regarding mineral 5,229
or elemental content that is potentially toxic in the 5,230
environment, shall be kept confidential and not made a matter of 5,231
public record. 5,232
(4)(a) If the chief finds that the probable total annual 5,234
production at all locations of any operator will not exceed three 5,235
hundred thousand tons, the following activities, upon the written 5,238
119
request of the operator in connection with a permit application,
shall be performed by a qualified public or private laboratory or 5,240
another public or private qualified entity designated by the 5,241
chief, and the cost of the activities shall be assumed by the 5,242
chief, provided that sufficient moneys for such assistance are
available:
(i) The determination of probable hydrologic consequences 5,244
required under division (B)(2)(k) of this section; 5,245
(ii) The development of cross-section maps and plans 5,247
required under division (B)(2)(n)(i) of this section; 5,248
(iii) The geologic drilling and statement of results of 5,250
test borings and core samplings required under division (B)(2)(o) 5,251
of this section;
(iv) The collection of archaeological information required 5,253
under division (B)(2)(m) of this section and any other 5,254
archaeological and historical information required by the chief, 5,255
and the preparation of plans necessitated thereby; 5,256
(v) Pre-blast surveys required under division (E) of 5,258
section 1513.161 of the Revised Code; 5,259
(vi) The collection of site-specific resource information 5,261
and production of protection and enhancement plans for fish and 5,262
wildlife habitats and other environmental values required by the 5,263
chief under this chapter.
(b) A coal operator that has received assistance under 5,265
division (B)(4)(a) of this section shall reimburse the chief for 5,266
the cost of the services rendered if the chief finds that the 5,267
operator's actual and attributed annual production of coal for 5,268
all locations exceeds three hundred thousand tons during the
twelve months immediately following the date on which the 5,269
operator was issued a coal mining and reclamation permit. 5,270
(5) Each applicant for a permit shall submit to the chief 5,272
as part of the permit application a reclamation plan that meets 5,273
the requirements of this chapter. 5,274
(6) Each applicant for a coal mining and reclamation 5,276
120
permit shall file a copy of the application for a permit, 5,277
excluding that information pertaining to the coal seam itself, 5,278
for public inspection with the county recorder or an appropriate 5,279
public office approved by the chief in the county where the 5,280
mining is proposed to occur. 5,281
(7) Each applicant for a coal mining and reclamation 5,283
permit shall submit to the chief as part of the permit 5,284
application a blasting plan that describes the procedures and 5,285
standards by which the operator will meet the provisions of 5,286
COMPLY WITH section 1513.161 of the Revised Code. 5,287
(C) Each reclamation plan submitted as part of a permit 5,289
application shall include, in the detail necessary to demonstrate 5,290
that reclamation required by this chapter can be accomplished, a 5,291
statement of: 5,292
(1) The identification of the lands subject to coal mining 5,294
operations over the estimated life of those operations and the 5,295
size, sequence, and timing of the subareas for which it is 5,296
anticipated that individual permits for mining will be sought; 5,297
(2) The condition of the land to be covered by the permit 5,299
prior to any mining including all of the following: 5,300
(a) The uses existing at the time of the application and, 5,302
if the land has a history of previous mining, the uses that 5,303
preceded any mining; 5,304
(b) The capability of the land prior to any mining to 5,306
support a variety of uses, giving consideration to soil and 5,307
foundation characteristics, topography, and vegetative cover and, 5,308
if applicable, a soil survey prepared pursuant to division 5,309
(B)(2)(p) of this section; 5,310
(c) The productivity of the land prior to mining, 5,312
including appropriate classification as prime farmlands as well 5,313
as the average yield of food, fiber, forage, or wood products 5,314
obtained from the land under high levels of management. 5,315
(3) The use that is proposed to be made of the land 5,317
following reclamation, including information regarding the 5,318
121
utility and capacity of the reclaimed land to support a variety 5,319
of alternative uses, the relationship of the proposed use to 5,320
existing land use policies and plans, and the comments of any 5,321
owner of the land and state and local governments or agencies 5,322
thereof that would have to initiate, implement, approve, or 5,323
authorize the proposed use of the land following reclamation; 5,324
(4) A detailed description of how the proposed postmining 5,326
land use is to be achieved and the necessary support activities 5,327
that may be needed to achieve the proposed land use; 5,328
(5) The engineering techniques proposed to be used in 5,330
mining and reclamation and a description of the major equipment; 5,331
a plan for the control of surface water drainage and of water 5,332
accumulation; a plan, where appropriate, for backfilling, soil 5,333
stabilization, and compacting, grading, and appropriate 5,334
revegetation; a plan for soil reconstruction, replacement, and 5,335
stabilization, pursuant to the performance standards in section 5,336
1513.16 of the Revised Code, for those food, forage, and forest 5,337
lands identified in that section; and an estimate of the cost per 5,339
acre of the reclamation, including a statement as to how the 5,340
permittee plans to comply with each of the requirements set out 5,341
in section 1513.16 of the Revised Code;
(6) A description of the means by which the utilization 5,343
and conservation of the solid fuel resource being recovered will 5,344
be maximized so that reaffecting the land in the future can be 5,345
minimized; 5,346
(7) A detailed estimated timetable for the accomplishment 5,348
of each major step in the reclamation plan; 5,349
(8) A description of the degree to which the coal mining 5,351
and reclamation operations are consistent with surface owner 5,352
plans and applicable state and local land use plans and programs; 5,353
(9) The steps to be taken to comply with applicable air 5,355
and water quality laws and regulations and any applicable health 5,356
and safety standards; 5,357
(10) A description of the degree to which the reclamation 5,359
122
plan is consistent with local physical, environmental, and 5,360
climatological conditions; 5,361
(11) A description of all lands, interests in lands, or 5,363
options on such interests held by the applicant or pending bids 5,364
on interests in lands by the applicant, which lands are 5,365
contiguous to the area to be covered by the permit; 5,366
(12) The results of test borings that the applicant has 5,368
made at the area to be covered by the permit, or other equivalent 5,369
information and data in a form satisfactory to the chief, 5,370
including the location of subsurface water, and an analysis of 5,371
the chemical properties, including acid forming properties of the 5,372
mineral and overburden; except that information that pertains 5,373
only to the analysis of the chemical and physical properties of 5,374
the coal, excluding information regarding mineral or elemental 5,375
contents that are potentially toxic in the environment, shall be 5,376
kept confidential and not made a matter of public record; 5,377
(13) A detailed description of the measures to be taken 5,379
during the mining and reclamation process to ensure the 5,380
protection of all of the following: 5,381
(a) The quality of surface and ground water systems, both 5,383
on- and off-site, from adverse effects of the mining and 5,384
reclamation process; 5,385
(b) The rights of present users to such water; 5,387
(c) The quantity of surface and ground water systems, both 5,389
on- and off-site, from adverse effects of the mining and 5,390
reclamation process or, where such protection of quantity cannot 5,391
be assured, provision of alternative sources of water. 5,392
(14) Any other requirements the chief prescribes by rule. 5,394
(D)(1) Any information required by division (C) of this 5,396
section that is not on public file pursuant to this chapter shall 5,397
be held in confidence by the chief. 5,398
(2) With regard to requests for an exemption from the 5,400
requirements of this chapter for coal extraction incidental to 5,401
the extraction of other minerals, as described in division 5,402
123
(H)(1)(a) of section 1513.01 of the Revised Code, confidential 5,403
information includes and is limited to information concerning
trade secrets or privileged commercial or financial information 5,404
relating to the competitive rights of the persons intending to 5,405
conduct the extraction of minerals. 5,406
(E)(1) Upon the basis of a complete mining application and 5,408
reclamation plan or a revision or renewal thereof, as required by 5,409
this chapter, and information obtained as a result of public 5,410
notification and public hearing, if any, as provided by section 5,411
1513.071 of the Revised Code, the chief shall grant, require 5,412
modification of, or deny the application for a permit in a 5,413
reasonable time set by the chief and notify the applicant in 5,414
writing. The applicant for a permit or revision of a permit has 5,415
the burden of establishing that the application is in compliance 5,417
with all the requirements of this chapter. Within ten days after 5,418
the granting of a permit, the chief shall notify the boards of 5,419
township trustees and county commissioners, the mayor, and the 5,420
legislative authority in the township, county, and municipal 5,421
corporation in which the area of land to be affected is located 5,422
that a permit has been issued and shall describe the location of 5,423
the land. However, failure of the chief to notify the local 5,424
officials shall not affect the status of the permit. 5,425
(2) No permit application or application for revision of 5,427
an existing permit shall be approved unless the application 5,428
affirmatively demonstrates and the chief finds in writing on the 5,429
basis of the information set forth in the application or from 5,430
information otherwise available, which will SHALL be documented 5,431
in the approval and made available to the applicant, all of the 5,433
following: 5,434
(a) The application is accurate and complete and that all 5,436
the requirements of this chapter have been complied with;. 5,437
(b) The applicant has demonstrated that the reclamation 5,439
required by this chapter can be accomplished under the 5,440
reclamation plan contained in the application;. 5,441
124
(c)(i) Assessment of the probable cumulative impact of all 5,443
anticipated mining in the general and adjacent area on the 5,444
hydrologic balance specified in division (B)(2)(k) of this 5,445
section has been made by the chief, and the proposed operation 5,446
has been designed to prevent material damage to hydrologic 5,447
balance outside the permit area;. 5,448
(ii) There shall be an ongoing process conducted by the 5,450
chief in cooperation with other state and federal agencies to 5,451
review all assessments of probable cumulative impact of coal 5,452
mining in light of post-mining data and any other hydrologic 5,453
information as it becomes available to determine if the 5,454
assessments were realistic. The chief shall take appropriate 5,455
action as indicated in the review process. 5,456
(d) The area proposed to be mined is not included within 5,458
an area designated unsuitable for coal mining pursuant to section 5,459
1513.073 of the Revised Code or is not within an area under study 5,460
for such designation in an administrative proceeding commenced 5,461
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the 5,462
Revised Code unless in an area as to which an administrative 5,463
proceeding has commenced pursuant to division (A)(3)(c) or (B) of 5,464
section 1513.073 of the Revised Code, the operator making the 5,465
permit application demonstrates that, prior to January 1, 1977, 5,466
the operator made substantial legal and financial commitments in 5,468
relation to the operation for which a permit is sought;. 5,470
(e) In cases where the private mineral estate has been 5,472
severed from the private surface estate, the applicant has 5,473
submitted to the chief one of the following: 5,474
(i) The written consent of the surface owner to the 5,476
extraction of coal by strip mining methods; 5,477
(ii) A conveyance that expressly grants or reserves the 5,479
right to extract the coal by strip mining methods; 5,480
(iii) If the conveyance does not expressly grant the right 5,482
to extract coal by strip mining methods, the surface-subsurface 5,483
legal relationship shall be determined under the law of this 5,484
125
state. This chapter does not authorize the chief to adjudicate 5,485
property rights disputes. 5,486
(3)(a) The applicant shall file with the permit 5,488
application a schedule listing all notices of violations of any 5,489
law, rule, or regulation of the United States or of any 5,490
department or agency thereof or of any state pertaining to air or 5,491
water environmental protection incurred by the applicant in 5,492
connection with any coal mining operation during the three-year 5,493
period prior to the date of application. The schedule also shall 5,494
indicate the final resolution of such a notice of violation. 5,495
Upon receipt of an application, the chief shall provide a 5,496
schedule listing all notices of violations of this chapter 5,497
pertaining to air or water environmental protection incurred by 5,498
the applicant during the three-year period prior to receipt of 5,499
the application and the final resolution of all such notices of 5,500
violation. The chief shall provide this schedule to the 5,501
applicant for filing by the applicant with the application filed 5,502
for public review, as required by division (B)(6) of this 5,503
section. When the schedule or other information available to the 5,504
chief indicates that any coal mining operation owned or 5,505
controlled by the applicant is currently in violation of such 5,506
laws, the permit shall not be issued until the applicant submits 5,507
proof that the violation has been corrected or is in the process 5,508
of being corrected to the satisfaction of the regulatory 5,509
authority, department, or agency that has jurisdiction over the 5,510
violation and that any civil penalties owed to the state for a 5,511
violation and not the subject of an appeal have been paid. No 5,512
permit shall be issued to an applicant after a finding by the 5,513
chief that the applicant or the operator specified in the 5,514
application controls or has controlled mining operations with a 5,515
demonstrated pattern of willful violations of this chapter of a 5,516
nature and duration to result in irreparable damage to the 5,517
environment as to indicate an intent not to comply with or a 5,518
disregard of this chapter.
126
(b) Until October 1, 2004, for FOR the purposes of 5,520
division (E)(3)(a) of this section, any violation resulting from 5,522
an unanticipated event or condition at a surface coal mining 5,523
operation on lands eligible for remining under a permit held by 5,524
the person submitting an application for a coal mining permit
under this section shall not prevent issuance of that permit. As 5,525
used in this division, "unanticipated event or condition" means 5,526
an event or condition encountered in a remining operation that 5,527
was not contemplated by the applicable surface coal mining and 5,528
reclamation permit.
(4)(a) In addition to finding the application in 5,530
compliance with division (E)(2) of this section, if the area 5,531
proposed to be mined contains prime farmland as determined 5,532
pursuant to division (B)(2)(p) of this section, the chief, after 5,534
consultation with the secretary of the United States department 5,535
of agriculture and pursuant to regulations issued by the 5,536
secretary of the interior with the concurrence of the secretary 5,537
of agriculture, may grant a permit to mine on prime farmland if 5,538
the chief finds in writing that the operator has the
technological capability to restore the mined area, within a 5,539
reasonable time, to equivalent or higher levels of yield as 5,540
nonmined prime farmland in the surrounding area under equivalent 5,541
levels of management and can meet the soil reconstruction 5,542
standards in section 1513.16 of the Revised Code. 5,543
(b) Division (E)(4)(a) of this section does not apply to a 5,545
permit issued prior to August 3, 1977, or revisions or renewals 5,546
thereof. 5,547
(5) The chief shall issue an order denying a permit after 5,549
finding that the applicant has misrepresented or omitted any 5,551
material fact in the application for the permit. 5,552
(6) The chief may issue an order denying a permit after 5,554
finding that the applicant, any partner, if the applicant is a 5,556
partnership, any officer, principal shareholder, or director, if 5,557
the applicant is a corporation, or any other person who has a 5,558
127
right to control or in fact controls the management of the 5,559
applicant or the selection of officers, directors, or managers of 5,560
the applicant has been a sole proprietor or partner, officer, 5,561
director, principal shareholder, or person having the right to 5,562
control or has in fact controlled the management of or the 5,563
selection of officers, directors, or managers of a business 5,564
entity that ever has had a coal mining license or permit issued 5,565
by this or any other state or the United States suspended or 5,566
revoked, ever has forfeited a coal or surface mining bond or 5,567
security deposited in lieu of bond in this or any other state or 5,568
with the United States, or ever has substantially or materially 5,569
failed to comply with this chapter. 5,570
(7) When issuing a permit under this section, the chief 5,572
may authorize an applicant to conduct coal mining and reclamation 5,573
operations on areas to be covered by the permit that were 5,574
affected by coal mining operations before August 3, 1977, that 5,575
have resulted in continuing water pollution from or on the 5,576
previously mined areas for the purpose of potentially reducing 5,577
the pollution loadings of pH, iron, and manganese from discharges 5,578
from or on the previously mined areas. Following the chief's 5,579
authorization to conduct such operations on those areas, the 5,580
areas shall be designated as pollution abatement areas for the 5,581
purposes of this chapter. 5,582
The chief shall not grant an authorization under division 5,584
(E)(7) of this section to conduct coal mining and reclamation 5,585
operations on any such previously mined areas unless the 5,586
applicant demonstrates to the chief's satisfaction that all of 5,587
the following conditions are met: 5,588
(a) The applicant's pollution abatement plan for mining 5,590
and reclaiming the previously mined areas represents the best 5,591
available technology economically achievable; 5,592
(b) Implementation of the plan will potentially reduce 5,594
pollutant loadings of pH, iron, and manganese resulting from 5,595
discharges of surface waters or ground water from or on the 5,596
128
previously mined areas within the permit area; 5,597
(c) Implementation of the plan will not cause any 5,599
additional degradation of surface water quality off the permit 5,600
area with respect to pH, iron, and manganese; 5,601
(d) Implementation of the plan will not cause any 5,603
additional degradation of ground water; 5,604
(e) The plan meets the requirements governing mining and 5,606
reclamation of such previously mined pollution abatement areas 5,607
established by the chief in rules adopted under section 1513.02 5,608
of the Revised Code; 5,609
(f) Neither the applicant; any partner, if the applicant 5,611
is a partnership; any officer, principal shareholder, or 5,612
director, if the applicant is a corporation; any other person who 5,613
has a right to control or in fact controls the management of the 5,614
applicant or the selection of officers, directors, or managers of 5,615
the applicant; nor any contractor or subcontractor of the 5,616
applicant, has any of the following: 5,617
(i) Responsibility or liability under this chapter or 5,619
rules adopted under it as an operator for treating the discharges 5,620
of water pollutants from or on the previously mined areas for 5,621
which the authorization is sought; 5,622
(ii) Any responsibility or liability under this chapter or 5,624
rules adopted under it for reclaiming the previously mined areas 5,625
for which the authorization is sought; 5,626
(iii) During the eighteen months prior to submitting the 5,628
permit application requesting an authorization under division 5,629
(E)(7) of this section, had a coal mining and reclamation permit 5,630
suspended or revoked under division (D)(3) of section 1513.02 of 5,631
the Revised Code for violating this chapter or Chapter 6111. of 5,632
the Revised Code or rules adopted under them with respect to 5,633
water quality, effluent limitations, or surface or ground water 5,634
monitoring; 5,635
(iv) Ever forfeited a coal or surface mining bond or 5,637
security deposited in lieu of a bond in this or any other state 5,638
129
or with the United States. 5,639
(F)(1) During the term of the permit, the permittee may 5,641
submit an application for a revision of the permit, together with 5,642
a revised reclamation plan, to the chief. 5,643
(2) An application for a revision of a permit shall not be 5,645
approved unless the chief finds that reclamation required by this 5,646
chapter can be accomplished under the revised reclamation plan. 5,647
The revision shall be approved or disapproved within ninety days 5,648
after receipt of a complete revision application. The chief 5,649
shall establish, by rule, criteria for determining the extent to 5,650
which all permit application information requirements and 5,651
procedures, including notice and hearings, shall apply to the 5,652
revision request, except that any revisions that propose 5,653
significant alterations in the reclamation plan, at a minimum, 5,655
shall be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit 5,657
except incidental boundary revisions shall be made by application 5,658
for a permit. 5,659
(G) No transfer, assignment, or sale of the rights granted 5,661
under a permit issued pursuant to this chapter shall be made 5,662
without the written approval of the chief. 5,663
(H) The chief, within a time limit prescribed in the 5,665
chief's rules, shall review outstanding permits and may require 5,667
reasonable revision or modification of a permit. A revision or 5,668
modification shall be based upon a written finding and subject to 5,669
notice and hearing requirements established by rule of the chief. 5,670
(I)(1) If an informal conference has been held pursuant to 5,672
section 1513.071 of the Revised Code, the chief shall issue and 5,673
furnish the applicant for a permit, persons who participated in 5,674
the informal conference, and persons who filed written objections 5,675
pursuant to division (B) of section 1513.071 of the Revised Code, 5,676
with the written finding of the chief granting or denying the 5,677
permit in whole or in part and stating the reasons therefor 5,678
within sixty days of the conference. 5,679
130
(2) If there has been no informal conference held pursuant 5,681
to section 1513.071 of the Revised Code, the chief shall notify 5,682
the applicant for a permit within a reasonable time as provided 5,683
by rule of the chief, taking into account the time needed for 5,684
proper investigation of the site, the complexity of the permit 5,685
application, whether or not a written objection to the 5,686
application has been filed, and whether the application has been 5,687
approved or disapproved in whole or in part. 5,688
(3) If the application is approved, the permit shall be 5,690
issued. If the application is disapproved, specific reasons 5,691
therefor shall be set forth in the notification. Within thirty 5,692
days after the applicant is notified of the final decision of the 5,693
chief on the permit application, the applicant or any person with 5,694
an interest that is or may be adversely affected may appeal the 5,695
decision to the reclamation commission pursuant to section 5,697
1513.13 of the Revised Code. 5,698
(4) Any applicant or any person with an interest that is 5,700
or may be adversely affected who has participated in the 5,701
administrative proceedings as an objector and is aggrieved by the 5,702
decision of the reclamation commission, or if the commission 5,704
fails to act within the time limits specified in this chapter, 5,705
may appeal in accordance with section 1513.14 of the Revised 5,706
Code.
Sec. 1513.072. (A) Coal exploration operations that 5,715
substantially disturb the natural land surface shall be conducted 5,716
in accordance with exploration rules adopted by the chief of the 5,717
division of mines and reclamation MINERAL RESOURCES MANAGEMENT. 5,718
The rules shall include, at a minimum: 5,719
(1) The requirement that prior to conducting any 5,721
exploration under this section, any person shall file with the 5,722
chief notice of intention to explore, which shall include a 5,723
description of the exploration area and period of proposed 5,724
exploration; 5,725
(2) Provisions for reclamation in accordance with the 5,727
131
performance standards in section 1513.16 of the Revised Code of 5,728
all lands disturbed in exploration, including excavations, roads, 5,729
drill holes, and the removal of necessary facilities and 5,730
equipment. 5,731
(B) Information submitted to the chief pursuant to this 5,733
section as confidential concerning trade secrets or privileged 5,734
commercial or financial information that relates to the 5,735
competitive rights of the person or entity intending to explore 5,736
the described area shall not be available for public examination. 5,737
(C) A person who conducts any coal exploration activities 5,739
that substantially disturb the natural land surface in violation 5,740
of this section or rules issued ADOPTED pursuant thereto is 5,741
subject to division (F)(E) of section 1513.02 of the Revised 5,743
Code.
(D) No person shall remove more than two hundred fifty 5,745
tons of coal pursuant to an exploration permit without the 5,746
specific written approval of the chief. 5,747
Sec. 1513.073. (A)(1) Upon petition pursuant to division 5,756
(B) of this section, the chief of the division of mines and 5,757
reclamation MINERAL RESOURCES MANAGEMENT shall designate an area 5,759
as unsuitable for all or certain types of coal mining operations 5,760
if the chief determines that reclamation pursuant to the 5,761
requirements of this chapter is not technologically and 5,762
economically feasible.
(2) Upon petition pursuant to division (B) of this 5,764
section, a surface area may be designated unsuitable for all or 5,765
certain types of coal mining operations if the operations will: 5,766
(a) Be incompatible with existing state or local land use 5,768
plans or programs; 5,769
(b) Affect fragile or historic lands in which the 5,771
operations could result in significant damage to important 5,772
historic, cultural, scientific, and esthetic values and natural 5,773
systems; 5,774
(c) Affect renewable resource lands in which the 5,776
132
operations could result in a substantial loss or reduction of 5,777
long-range productivity of water supply or of food or fiber 5,778
products, or aquifers and aquifer recharge areas; 5,779
(d) Affect natural hazard lands in which the operations 5,781
could substantially endanger life and property, such lands to 5,782
include areas subject to frequent flooding and areas of unstable 5,783
geology. 5,784
(3) The chief shall develop the following: 5,786
(a) A data base and an inventory system that will permit 5,788
proper evaluation of the capacity of different land areas of the 5,789
state to support and permit reclamation of coal mining 5,790
operations; 5,791
(b) A method or methods for implementing land use planning 5,793
decisions concerning coal mining operations; 5,794
(c) Procedures for proper notice and opportunities for 5,796
public participation, including a public meeting prior to making 5,797
any designation or redesignation, pursuant to this section. 5,798
(4) Determinations of the unsuitablity of land for coal 5,800
mining, as provided for in this section, shall be integrated as 5,801
closely as possible with present and future land use planning and 5,802
regulation processes at the federal, state, and local levels. 5,803
(5) The requirements of this section shall DO not apply to 5,805
lands on which coal mining operations were being conducted on 5,806
August 3, 1977, or under a permit issued pursuant to Chapter 5,807
1513. of the Revised Code THIS CHAPTER, or where substantial 5,808
legal and financial commitments in the operation were in 5,809
existence prior to January 4, 1977. 5,810
(B) A person having an interest that is or may be 5,812
adversely affected may petition the chief to have an area 5,813
designated as unsuitable for coal mining operations or to have 5,814
such a designation terminated. The petition shall contain 5,815
allegations of facts with supporting evidence that would tend to 5,816
establish the allegations. The chief shall hold a public meeting 5,817
in the locality of the affected area, after appropriate notice 5,818
133
and publication of the date, time, and location of the meeting 5,819
within ninety days after receipt of the petition, provided THAT 5,820
the chief may extend the time for holding the meeting an 5,821
additional two hundred ten days when, in his THE CHIEF'S 5,822
judgment, such additional time is needed for adequate review of 5,824
the petition. Any person may appear at the meeting and present a 5,825
statement or evidence regarding the petition. Within sixty days 5,826
after the meeting, the chief shall issue and furnish to the 5,827
petitioner and any other participant at the meeting a written 5,828
decision regarding the petition, and the reasons therefor. 5,829
(C) Prior to designating any land areas as unsuitable for 5,831
coal mining operations or terminating previous determinations of 5,832
unsuitability, the chief shall prepare a detailed statement on: 5,833
(1) The potential coal resources of the area; 5,835
(2) The demand for coal resources; 5,837
(3) The impact of the designation on the environment, the 5,839
economy, and the supply of coal. 5,840
(D) After August 3, 1977, and subject to valid existing 5,842
rights, no coal mining operations except those that existed on 5,843
August 3, 1977, shall be permitted: 5,844
(1) On any lands within the boundaries of units of the 5,846
national park system, the national wildlife refuge systems, the 5,847
national system of trails, the national wilderness preservation 5,848
system, the wild and scenic rivers system, including study rivers 5,849
designated under section 5(a) of the "Wild and Scenic Rivers 5,850
Act," 82 Stat. 906 (1968), 16 U.S.C.A. 1274, and national 5,851
recreation areas designated by act of congress; 5,852
(2) On any federal lands within the boundaries of any 5,854
national forest unless approval is granted by the secretary of 5,855
the United States department of the interior; 5,856
(3) That will adversely affect any publicly owned park or 5,858
any places included in the national register of historic sites 5,859
unless approved jointly by the chief and the federal, state, or 5,860
local agency with jurisdiction over the park or the historic 5,861
134
site; 5,862
(4) Within one hundred feet of the outside right-of-way 5,864
line of any public road, except where mine access roads or 5,865
haulage roads join such right-of-way line and except that the 5,866
chief may permit the roads to be relocated or the area affected 5,867
to lie within one hundred feet of such road if after public 5,868
notice and opportunity for public meeting in the locality of the 5,869
affected area a written finding is made that the interests of the 5,870
public and the landowners affected thereby will be protected; 5,871
(5) Within three hundred feet from any occupied dwelling, 5,873
unless waived by the owner thereof, nor within three hundred feet 5,874
of any public building, school, church, community, or 5,875
institutional building, OR public park, nor within one hundred 5,876
feet of a cemetery. 5,877
Sec. 1513.08. (A) After a coal mining and reclamation 5,886
permit application has been approved, but before the permit is 5,887
issued, the applicant shall file with the chief of the division 5,889
of mines and reclamation MINERAL RESOURCES MANAGEMENT, on a form 5,890
prescribed and furnished by the chief, a bond for performance 5,892
payable, as appropriate, to the state and conditioned upon 5,893
faithful performance of all the requirements of this chapter and 5,894
the permit. The bond shall be in the amount of twenty-five 5,895
hundred dollars times the number of acres of land upon which the 5,896
operator states in his THE application for a permit he THE 5,897
OPERATOR will initiate and conduct coal mining and reclamation 5,898
operations within the initial term of the permit. The minimum
amount of a bond shall be ten thousand dollars. The bond shall 5,899
cover areas of land affected by mining within or immediately 5,900
adjacent to the permitted area, so long as the total number of 5,901
acres does not exceed the number of acres bonded. However, the 5,902
authority for bond to cover areas of land immediately adjacent to 5,903
the permitted area does not authorize a permittee to mine areas 5,904
outside an approved permit area. As succeeding increments of 5,905
coal mining and reclamation operations are to be initiated and 5,906
135
conducted within the permit area, the permittee shall file with 5,907
the chief an additional bond or bonds to cover the increments in 5,908
accordance with this section. In the event of forfeiture of a 5,909
bond, if the bond is insufficient to complete the reclamation, 5,910
the chief shall complete the reclamation in accordance with 5,911
section 1513.18 of the Revised Code using funds from the 5,912
reclamation supplemental forfeiture fund created in that section. 5,913
(B) Liability under the bond shall be for the duration of 5,915
the coal mining and reclamation operation and for a period 5,916
coincident with the operator's responsibility for revegetation 5,917
requirements under section 1513.16 of the Revised Code. The bond 5,918
shall be executed by the operator and a corporate surety licensed 5,919
to do business in this state, except that the operator may elect 5,920
to deposit cash, negotiable bonds of the United States or this 5,922
state, or negotiable certificates of deposit of any bank or 5,923
savings and loan association organized or transacting business in 5,924
the United States. The cash deposit or market value of the 5,925
securities shall be equal to or greater than the amount of the 5,926
bond required for the bonded area.
(C) The chief may accept the bond of the applicant itself 5,928
without separate surety when the applicant demonstrates to the 5,929
satisfaction of the chief the existence of a suitable agent to 5,930
receive service of process and a history of financial solvency 5,931
and continuous operation sufficient for authorization to 5,932
self-insure or bond the amount. 5,933
(D) Cash or securities so deposited shall be deposited 5,935
upon the same terms as the terms upon which surety bonds may be 5,936
deposited. The securities shall be security for the repayment of 5,937
the negotiable certificate of deposit. 5,938
(E) The amount of the bond or deposit required and the 5,940
terms of each acceptance of the applicant's bond shall be 5,941
adjusted by the chief from time to time as affected land acreages 5,942
are increased or decreased. 5,943
Sec. 1513.09. (A) The chief of the division of mines and 5,952
136
reclamation MINERAL RESOURCES MANAGEMENT shall cause to be made 5,953
such inspections of any coal mining and reclamation operations as 5,955
he THE CHIEF considers necessary. The chief and his authorized 5,956
representatives shall OF THE CHIEF have a right of entry to, 5,957
upon, or through any area of land upon which coal mining and 5,959
reclamation operations are being conducted or upon which the 5,960
chief or his authorized representative has reason to believe such 5,961
operations are being conducted for the purpose of performing such 5,962
inspections.
(B) For the purpose of administration and enforcement of 5,964
any requirement of this chapter or in the administration and 5,965
enforcement of any permit under this chapter or of determining 5,966
whether any person is in violation of any requirement of this 5,967
chapter: 5,968
(1) The chief shall require any permittee or operator to: 5,970
(a) Establish and maintain appropriate records; 5,972
(b) Make monthly reports to the chief; 5,974
(c) Install, use, and maintain any necessary monitoring 5,976
equipment or methods; 5,977
(d) Evaluate results in accordance with such methods, at 5,979
such locations, intervals, and in such manner as the chief shall 5,980
prescribe; 5,981
(e) Provide such other information relative to coal mining 5,983
and reclamation operations as the chief considers reasonable and 5,984
necessary. 5,985
(2) For those coal mining and reclamation operations that 5,987
remove or disturb strata that serve as aquifers that 5,988
significantly ensure the hydrologic balance of water use either 5,989
on or off the mining site, the chief shall specify those: 5,990
(a) Monitoring sites to record the quantity and quality of 5,992
surface drainage above and below the minesite, as well as in the 5,993
potential zone of influence; 5,994
(b) Monitoring sites to record level, amount, and samples 5,996
of ground water and aquifers potentially affected by the mining, 5,997
137
including aquifers directly below the lower-most, deepest, coal 5,998
seam to be mined; 5,999
(c) Records of well logs and borehole data to be 6,001
maintained; 6,002
(d) Monitoring sites to record precipitation. 6,004
The monitoring and data collection and analysis required by 6,006
this section shall be conducted according to standards and 6,007
procedures set forth, by rule, by the chief in order to assure 6,008
their reliability and validity. 6,009
(3) The authorized representatives of the chief, without 6,011
advance notice and upon presentation of appropriate credentials: 6,012
(a) May enter into, upon, or through any coal mining and 6,014
reclamation operations, any premises upon which the authorized 6,015
representatives have a reasonable belief that such operations are 6,016
being conducted, or any premises in which any records required to 6,017
be maintained under division (B)(1) of this section are located; 6,018
(b) May, during office hours, have access to and copy any 6,020
records and at reasonable times, without delay, any monitoring 6,021
equipment or method of operation required under this chapter. 6,022
(C) The inspections by the chief or his AN authorized 6,024
representative OF THE CHIEF shall: 6,025
(1) Occur on an irregular basis averaging not less than 6,027
one partial inspection per month and one complete inspection per 6,028
calendar quarter for the coal mining and reclamation operation 6,029
covered by each permit; 6,030
(2) Occur without prior notice to the permittee or his THE 6,032
PERMITTEE'S agents or employees, except for necessary onsite 6,033
meetings with the permittee; 6,034
(3) Include the filing of inspection records adequate to 6,036
enforce the requirements of and to carry out the terms and 6,037
purposes of this chapter. 6,038
(D) Each permittee shall conspicuously maintain at the 6,040
entrances to the coal mining and reclamation operations a clearly 6,041
visible sign that sets forth the name, business address, and 6,042
138
phone number of the permittee and the permit number of the coal 6,043
mining and reclamation operations. 6,044
(E) Each inspection officer MINERAL RESOURCES INSPECTOR, 6,046
upon detection of each violation of any requirement of Chapter 6,048
1513. of the Revised Code THIS CHAPTER, shall immediately inform 6,050
the operator in writing and shall report in writing any such 6,051
violation to the chief.
(F) Copies of any records, reports, inspection material, 6,053
or information obtained under this chapter by the chief shall be 6,054
made available immediately to the public at central and 6,055
sufficient locations in the county, multi-county, and state area 6,056
of mining so that they are conveniently available to residents in 6,057
the areas of mining. 6,058
(G)(1) A person who is or may be adversely affected by a 6,060
coal mining operation may notify the chief or any representative 6,061
of the chief responsible for conducting the inspection, in 6,062
writing, of any violation of this chapter that he THE PERSON has 6,063
reason to believe exists at the mining site. The chief shall, by 6,064
rule, establish procedures for informal review of any refusal by 6,065
his AN authorized representative to issue a notice of violation 6,066
or order with respect to any such alleged violation. The chief 6,067
shall furnish the persons requesting the review a written 6,068
statement of the reasons for the chief's final disposition of the 6,069
matter.
(2) The chief shall also, by rule, establish procedures to 6,071
ensure that adequate and complete inspections are made. Any 6,072
person who is aggrieved or adversely affected may notify the 6,073
chief of any failure to make such inspections, after which the 6,074
chief shall determine whether adequate and complete inspections 6,075
have been made. The chief shall furnish such persons a written 6,076
statement of the reasons for the chief's determination that 6,077
adequate and complete inspections have or have not been 6,078
conducted. 6,079
Sec. 1513.11. Every order of the chief of the division of 6,088
139
mines and reclamation MINERAL RESOURCES MANAGEMENT or his AN 6,089
authorized representative OF THE CHIEF affecting the rights, 6,091
duties, or privileges of an operator or his THE OPERATOR'S surety 6,093
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. 6,094
Notice of the order shall be given by certified mail or personal 6,095
service to the person whose rights, duties, or privileges are 6,096
affected.
Sec. 1513.13. (A)(1) A person having an interest that is 6,105
or may be adversely affected by a finding or determination of the 6,107
chief of the division of mines and reclamation MINERAL RESOURCES 6,109
MANAGEMENT made under section 1509.08, 1561.35, 1561.351, 6,110
1563.13, or 6111.044 of the Revised Code or an investigation made 6,113
by the chief under section 1561.51 of the Revised Code may appeal 6,116
to the mine examining board in accordance with those sections. 6,117
Any other person having an interest that is or may be adversely 6,120
affected by a notice of violation, order, or decision of the 6,121
chief, other than a show cause order or an order that adopts a 6,123
rule, or by any modification, vacation, or termination of such a 6,124
notice, order, or decision, may appeal by filing a notice of 6,125
appeal with the reclamation commission for review of the notice, 6,126
order, or decision within thirty days after the notice, order, or 6,128
decision is served upon the person or within thirty days after 6,129
its modification, vacation, or termination and by filing a copy 6,130
of the notice of appeal with the chief within three days after 6,131
filing the notice of appeal with the commission. The notice of 6,133
appeal shall contain a copy of the notice of violation, order, or 6,134
decision complained of and the grounds upon which the appeal is 6,135
based. The commission has exclusive original jurisdiction to 6,137
hear and decide such appeals. The filing of a notice of appeal 6,138
under division (A)(1) of this section does not operate as a stay 6,139
of any order, notice of violation, or decision of the chief. 6,141
(2) The permittee, the chief, and other interested persons 6,143
shall be given written notice of the time and place of the 6,144
140
hearing at least five days prior thereto. The hearing shall be 6,145
of record. 6,146
(3) Any person authorized under this section to appeal to 6,148
the commission may request an informal review by the chief or the 6,150
chief's designee by filing a written request with the chief 6,151
within thirty days after a notice, order, decision, modification, 6,152
vacation, or termination is served upon the person. Filing of 6,153
the written request shall toll the time for appeal before the 6,154
commission, but shall not operate as a stay of any order, notice 6,156
of violation, or decision of the chief. The chief's
determination of an informal review is appealable to the 6,157
commission under this section. 6,158
(B) The commission shall affirm the notice of violation, 6,160
order, or decision of the chief unless the commission determines 6,162
that it is arbitrary, capricious, or otherwise inconsistent with 6,163
law; in that case the commission may modify the notice of 6,164
violation, order, or decision or vacate it and remand it to the 6,166
chief for further proceedings that the commission may direct. 6,168
The commission shall conduct hearings and render decisions 6,170
in a timely fashion, except that all of the following apply: 6,171
(1) When the appeal concerns an order for the cessation of 6,173
coal mining and reclamation operations issued pursuant to 6,174
division (D)(1) or (2) of section 1513.02 of the Revised Code, 6,175
the commission shall issue its written decision within thirty 6,177
days after the receipt of the appeal unless temporary relief has 6,178
been granted by the chairperson pursuant to division (C) of this 6,180
section;.
(2) When the appeal concerns an application for a permit 6,182
under division (I) of section 1513.07 of the Revised Code, the 6,183
commission shall hold a hearing within thirty days after receipt 6,185
of the notice of appeal and issue its decision within thirty days 6,186
after the hearing;. 6,187
(3) When the appeal concerns a decision of the chief 6,189
regarding release of bond under division (F) of section 1513.16 6,190
141
of the Revised Code, the commission shall hold a hearing within 6,192
thirty days after receipt of the notice of appeal and issue its 6,193
decision within sixty days after the hearing. 6,194
(C) The chairperson of the commission, under conditions 6,197
the chairperson prescribes, may grant temporary relief the 6,199
chairperson considers appropriate pending final determination of 6,200
an appeal if all of the following conditions are met: 6,201
(1) All parties to the appeal have been notified and given 6,203
an opportunity for a hearing to be held in the locality of the 6,204
subject site on the request for temporary relief and the 6,205
opportunity to be heard on the request;. 6,206
(2) The person requesting relief shows that there is a 6,208
substantial likelihood that the person will prevail on the 6,210
merits;.
(3) The relief will not adversely affect public health or 6,212
safety or cause significant imminent environmental harm to land, 6,213
air, or water resources. 6,214
The chairperson shall issue a decision expeditiously, 6,216
except that when the applicant requests relief from an order for 6,217
the cessation of coal mining and reclamation operations issued 6,218
pursuant to division (D)(1) or (2) of section 1513.02 of the 6,219
Revised Code, the decision shall be issued within five days after 6,220
its receipt. 6,221
Any party to an appeal filed with the commission who is 6,223
aggrieved or adversely affected by a decision of the chairperson 6,225
to grant or deny temporary relief under this section may appeal 6,226
that decision to the commission. The commission may confine its 6,228
review to the record developed at the hearing before the 6,229
chairperson.
The appeal shall be filed with the commission within thirty 6,232
days after the chairperson issues the decision on the request for 6,234
temporary relief. The commission shall issue a decision as 6,236
expeditiously as possible, except that when the appellant 6,237
requests relief from an order for the cessation of coal mining 6,238
142
and reclamation operations issued pursuant to division (D)(1) or 6,239
(2) of section 1513.02 of the Revised Code, the decision of the 6,240
commission shall be issued within five days after receipt of the 6,242
notice of appeal.
The commission shall affirm the decision of the chairperson 6,245
granting or denying temporary relief unless it determines that 6,246
the decision is arbitrary, capricious, or otherwise inconsistent 6,247
with law. 6,248
(D) Following the issuance of an order to show cause as to 6,250
why a permit should not be suspended or revoked pursuant to 6,251
division (D)(3) of section 1513.02 of the Revised Code, the chief 6,252
or a representative of the chief shall hold a public adjudicatory 6,254
hearing after giving written notice of the time, place, and date
thereof. The hearing shall be of record. 6,255
Within sixty days following the public hearing, the chief 6,257
shall issue and furnish to the permittee and all other parties to 6,258
the hearing a written decision, and the reasons therefor, 6,259
concerning suspension or revocation of the permit. If the chief 6,260
revokes the permit, the permittee immediately shall cease coal 6,261
mining operations on the permit area and shall complete 6,262
reclamation within a period specified by the chief, or the chief 6,263
shall declare as forfeited the performance bonds for the 6,264
operation. 6,265
(E)(1) Whenever an enforcement order or permit decision is 6,267
appealed under this section or any action is filed under division 6,268
(B) of section 1513.15 or 1513.39 of the Revised Code, at the 6,269
request of a prevailing party, a sum equal to the aggregate 6,271
amount of all costs and expenses, including attorney's fees, as 6,272
determined to have been necessary and reasonably incurred by the 6,273
prevailing party for or in connection with participation in the 6,274
enforcement proceedings before the commission, the court under 6,275
section 1513.15 of the Revised Code, or the chief under section 6,277
1513.39 of the Revised Code, may be awarded, as considered 6,278
proper, in accordance with divisions (E)(1)(a) to (c) of this 6,279
143
section. In no event shall attorney's fees awarded under this 6,280
section exceed, for the kind and quality of services, the 6,281
prevailing market rates at the time the services were furnished 6,282
under division (A) of this section. A party may be entitled to 6,283
costs and expenses related solely to the preparation, defense, 6,284
and appeal of a petition for costs and expenses, provided THAT 6,285
the costs and expenses are limited and proportionate to costs and 6,286
expenses otherwise allowed under division (E) of this section. 6,287
(a) A party, other than the permittee or the division of 6,289
mines and reclamation MINERAL RESOURCES MANAGEMENT, shall file a 6,290
petition, if any, for an award of costs and expenses, including 6,292
attorney's fees, with the chief, who shall review the petition. 6,293
If the chief finds that the party, other than the permittee or 6,294
the division, prevailed in whole or in part, made a substantial 6,296
contribution to a full and fair determination of the issues, and 6,297
made a contribution separate and distinct from the contribution 6,298
made by any other party, the chief may award to that party the 6,299
party's costs and expenses, including attorney's fees that were 6,300
necessary and reasonably incurred by the party for, or in 6,301
connection with, participation in the proceeding before the 6,302
commission.
(b) If a permittee who made a request under division 6,304
(E)(1) of this section demonstrates that a party other than a 6,305
permittee who initiated an appeal under this section or 6,307
participated in such an appeal initiated or participated in the 6,308
appeal in bad faith and for the purpose of harassing or 6,309
embarrassing the permittee, the permittee may file a petition 6,310
with the chief. The chief may award to the permittee the costs 6,311
and expenses reasonably incurred by the permittee in connection 6,312
with participation in the appeal and assess those costs and 6,313
expenses against the party who initiated the appeal.
(c) The division may file, with the commission, a request 6,316
for an award to the division of the costs and expenses reasonably 6,318
incurred by the division in connection with an appeal initiated 6,319
144
under this section. The commission may assess those costs and 6,321
expenses against the party who initiated the appeal if the 6,322
division demonstrates that the party initiated or participated in 6,323
the appeal in bad faith and for the purpose of harassing or 6,324
embarrassing the division.
(2) Whenever an order issued under this section or as a 6,326
result of any administrative proceeding under this chapter is the 6,327
subject of judicial review, at the request of any party, a sum 6,328
equal to the aggregate amount of all costs and expenses, 6,329
including attorney's fees, as determined by the court to have 6,331
been necessary and reasonably incurred by the party for or in 6,332
connection with participation in the proceedings, may be awarded 6,333
to either party, in accordance with division (E)(1) of this 6,334
section, as the court, on the basis of judicial review, considers 6,335
proper.
Sec. 1513.15. (A) In addition to any other remedy under 6,344
Chapter 1513. of the Revised Code THIS CHAPTER, the chief of the 6,345
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 6,347
may request the attorney general to institute a civil action for 6,349
relief, including a permanent or temporary injunction,
restraining order, or any other appropriate order in the court of 6,350
common pleas of the county wherein a violation of this chapter is 6,351
occurring or has occurred whenever a person: 6,352
(1) Violates or fails or refuses to comply with any order 6,354
or decision issued by the chief under Chapter 1513. of the 6,355
Revised Code THIS CHAPTER; 6,356
(2) Interferes with, hinders, or delays the chief or his 6,358
authorized representatives OF THE CHIEF in carrying out Chapter 6,359
1513. of the Revised Code THIS CHAPTER; 6,360
(3) Refuses to admit an authorized representative to the 6,362
mine; 6,363
(4) Refuses to permit inspection of the mine by an 6,365
authorized representative; 6,366
(5) Refuses to furnish any information or report requested 6,368
145
by the chief in furtherance of Chapter 1513. of the Revised Code 6,369
THIS CHAPTER; 6,370
(6) Refuses to permit access to, and copying of, such 6,372
records as the chief determines necessary in carrying out Chapter 6,373
1513. of the Revised Code THIS CHAPTER. 6,374
The court shall issue an injunction upon demonstration that 6,376
a violation of this chapter is occurring or has occurred. 6,377
(B) Except as provided in division (D) of this section, 6,379
any person having an interest which THAT is or may be adversely 6,380
affected may commence a civil action on his THE PERSON'S own 6,381
behalf to compel compliance with Chapter 1513. of the Revised 6,382
Code THIS CHAPTER against any of the following: 6,383
(1) The division of mines and reclamation MINERAL 6,385
RESOURCES MANAGEMENT where the division is alleged to be in 6,387
violation of Chapter 1513. of the Revised Code THIS CHAPTER or of 6,389
any rule, order, or permit ADOPTED OR issued pursuant thereto, or
against any other person who is alleged to be in violation of any 6,390
rule, order, or permit ADOPTED OR issued pursuant to Chapter 6,391
1513. of the Revised Code THIS CHAPTER; 6,392
(2) The chief of the division of mines and reclamation 6,394
where there is alleged a failure of the chief to perform any act 6,395
or duty under Chapter 1513. of the Revised Code which THIS 6,396
CHAPTER THAT is not discretionary with the chief. 6,398
(C) No action may be commenced under division (B)(1) of 6,400
this section in either of the following situations: 6,401
(1) Prior to sixty days after the plaintiff has given 6,403
notice in writing of the violation to the chief and any alleged 6,404
violator; 6,405
(2) If the chief has commenced and is diligently 6,407
prosecuting a civil action in the appropriate court to require 6,408
compliance with Chapter 1513. of the Revised Code THIS CHAPTER or 6,410
of any rule, order, or permit ADOPTED OR issued pursuant thereto, 6,411
but in any such action any person may intervene as a matter of 6,413
right.
146
(D) No action may be commenced under division (B)(2) of 6,415
this section prior to sixty days after the plaintiff has given 6,416
notice in writing of such action to the chief in such manner as 6,417
the chief shall, by rule, prescribe, except that such action may 6,418
be brought immediately after such notification in the case where 6,419
the violation or order complained of constitutes an imminent 6,420
threat to the health or safety of the plaintiff or would 6,421
immediately affect a legal interest of the plaintiff. 6,422
(E) Any action respecting a violation of Chapter 1513. of 6,424
the Revised Code THIS CHAPTER or rules adopted thereunder may be 6,425
brought only in the court of common pleas of the county in which 6,427
the coal mining operation complained of is located. 6,428
(F) The court, in issuing any final order in any action 6,430
brought pursuant to division (B) of this section, may award to 6,431
any party costs of litigation, including attorney's and expert 6,432
witness fees that the court determines to have been necessary and 6,433
reasonably incurred, in accordance with division (E)(2) of 6,434
section 1513.13 of the Revised Code, and whenever the court 6,435
determines such an award is appropriate. 6,436
(G) Nothing in this section shall restrict any right which 6,438
THAT any person or class of persons may have under law to seek 6,439
enforcement of any of the provisions of Chapter 1513. of the 6,440
Revised Code THIS CHAPTER and the rules adopted thereunder, or to 6,441
seek any other relief, including relief against the chief. 6,443
(H) Any person who is injured in his person or property 6,445
through the violation by any operator of any rule, requirement, 6,446
order, or permit ADOPTED OR issued pursuant to Chapter 1513. of 6,448
the Revised Code THIS CHAPTER may bring an action for damages, 6,449
including reasonable attorney's and expert witness fees, in the 6,451
court of common pleas of Franklin county or in the court of 6,452
common pleas of the county in which the coal mining operation 6,453
complained of is located. Nothing in this division shall affect 6,454
the rights established by or limits imposed under worker's 6,455
compensation laws.
147
In any action under division (B), (C), (D), (E), (F), (G), 6,457
or (H) of this section, the secretary of the United States 6,458
department of the interior or the chief, if not a party, may 6,459
intervene as a matter of right. 6,460
(I) An owner of real property who obtains all or part of 6,462
his A supply of water for domestic, industrial, agricultural, or 6,463
other legitimate use from an underground source other than a 6,464
subterranean stream having a permanent, distinct, and known 6,465
channel, may maintain an action against an operator to recover 6,466
damages for contamination, diminution, or interruption of such 6,467
water supply, proximately resulting from coal mining. 6,468
A servient tract of land is not bound to receive surface 6,470
water contaminated by coal mining on a dominant tract of land, 6,471
and the owner of the servient tract may maintain an action 6,472
against an operator to recover damages proximately resulting from 6,473
the natural drainage from the dominant tract of surface waters 6,474
contaminated by coal mining on the dominant tract. 6,475
This division shall not be construed as creating, 6,477
modifying, or affecting any right, liability, or remedy other 6,478
than as expressly provided herein, nor shall such division be 6,479
construed as creating, modifying, or affecting any right, 6,480
liability, or remedy of surface riparian owners. 6,481
(J) In addition to any municipal or county prosecuting 6,483
authority, the attorney general upon the request of the chief, 6,484
may prosecute any person who violates, or who fails to perform 6,485
any duty imposed by, Chapter 1513. of the Revised Code THIS 6,486
CHAPTER, or who violates any order or rule, or condition of a 6,488
permit or license issued by the chief. 6,489
(K) The civil penalties owed under section 1513.02 of the 6,491
Revised Code may be recovered in a civil action brought by the 6,492
attorney general upon the request of the chief of the division of 6,494
mines and reclamation.
Sec. 1513.16. (A) Any permit issued under this chapter to 6,503
conduct coal mining operations shall require that the operations 6,504
148
meet all applicable performance standards of this chapter and 6,505
such other requirements as the chief of the division of mines and 6,506
reclamation MINERAL RESOURCES MANAGEMENT shall adopt by rule. 6,508
General performance standards shall apply to all coal mining and 6,509
reclamation operations and shall require the operator at a 6,510
minimum to do all of the following: 6,511
(1) Conduct coal mining operations so as to maximize the 6,513
utilization and conservation of the solid fuel resource being 6,514
recovered so that reaffecting the land in the future through coal 6,515
mining can be minimized; 6,516
(2) Restore the land affected to a condition capable of 6,518
supporting the uses that it was capable of supporting prior to 6,519
any mining, or higher or better uses of which there is reasonable 6,520
likelihood, so long as the uses do not present any actual or 6,521
probable hazard to public health or safety or pose any actual or 6,522
probable threat of diminution or pollution of the waters of the 6,523
state, and the permit applicants' declared proposed land uses 6,524
following reclamation are not considered to be impractical or 6,525
unreasonable, to be inconsistent with applicable land use 6,526
policies and plans, to involve unreasonable delay in 6,527
implementation, or to violate federal, state, or local law; 6,528
(3) Except as provided in division (B) of this section, 6,530
with respect to all coal mining operations, backfill, compact 6,531
where advisable to ensure stability or to prevent leaching of 6,532
toxic materials, and grade in order to restore the approximate 6,533
original contour of the land with all highwalls, spoil piles, and 6,534
depressions eliminated unless small depressions are needed in 6,535
order to retain moisture to assist revegetation or as otherwise 6,536
authorized pursuant to this chapter, provided that if the 6,537
operator demonstrates that due to volumetric expansion the amount 6,538
of overburden and the spoil and waste materials removed in the 6,539
course of the mining operation are more than sufficient to 6,540
restore the approximate original contour, the operator shall 6,541
backfill, grade, and compact the excess overburden and other 6,542
149
spoil and waste materials to attain the lowest grade, but not 6,543
more than the angle of repose, and to cover all acid-forming and 6,544
other toxic materials in order to achieve an ecologically sound 6,545
land use compatible with the surrounding region in accordance 6,546
with the approved mining plan. The overburden or spoil shall be 6,547
shaped and graded in such a way as to prevent slides, erosion, 6,548
and water pollution and shall be revegetated in accordance with 6,549
this chapter. 6,550
(4) Stabilize and protect all surface areas, including 6,552
spoil piles affected by the coal mining and reclamation 6,553
operation, to control erosion and attendant air and water 6,554
pollution effectively; 6,555
(5) Remove the topsoil from the land in a separate layer, 6,557
replace it on the backfill area, or, if not utilized immediately, 6,558
segregate it in a separate pile from the spoil, and when the 6,559
topsoil is not replaced on a backfill area within a time short 6,560
enough to avoid deterioration of the topsoil, maintain a 6,561
successful cover by quick-growing plants or other means 6,562
thereafter so that the topsoil is preserved from wind and water 6,563
erosion, remains free of any contamination by acid or other toxic 6,564
material, and is in a usable condition for sustaining vegetation 6,565
when restored during reclamation. If the topsoil is of 6,566
insufficient quantity or of poor quality for sustaining 6,567
vegetation or if other strata can be shown to be more suitable 6,568
for vegetation requirements, the operator shall remove, 6,569
segregate, and preserve in a like manner such other strata as are 6,570
best able to support vegetation. 6,571
(6) Restore the topsoil or the best available subsoil that 6,573
is best able to support vegetation; 6,574
(7) For all prime farmlands as identified in division 6,576
(B)(2)(p) of section 1513.07 of the Revised Code to be mined and 6,577
reclaimed, perform soil removal, storage, replacement, and 6,578
reconstruction in accordance with specifications established by 6,580
the secretary of the United States department of agriculture
150
under the "Surface Mining Control and Reclamation Act of 1977," 6,581
91 Stat. 445, 30 U.S.C.A. 1201. The operator, at a minimum, 6,583
shall be required to do all of the following:
(a) Segregate the A horizon of the natural soil, except 6,585
where it can be shown that other available soil materials will 6,586
create a final soil having a greater productive capacity, and, if 6,587
not utilized immediately, stockpile this material separately from 6,588
the spoil and provide needed protection from wind and water 6,589
erosion or contamination by acid or other toxic material; 6,590
(b) Segregate the B horizon of the natural soil, or 6,592
underlying C horizons or other strata, or a combination of such 6,593
horizons or other strata that are shown to be both texturally and 6,594
chemically suitable for plant growth and that can be shown to be 6,595
equally or more favorable for plant growth than the B horizon, in 6,596
sufficient quantities to create in the regraded final soil a root 6,597
zone of comparable depth and quality to that which existed in the 6,598
natural soil, and, if not utilized immediately, stockpile this 6,599
material separately from the spoil and provide needed protection 6,600
from wind and water erosion or contamination by acid or other 6,601
toxic material; 6,602
(c) Replace and regrade the root zone material described 6,604
in division (A)(7)(b) of this section with proper compaction and 6,605
uniform depth over the regraded spoil material; 6,606
(d) Redistribute and grade in a uniform manner the surface 6,608
soil horizon described in division (A)(7)(a) of this section. 6,609
(8) Create, if authorized in the approved mining and 6,611
reclamation plan and permit, permanent impoundments of water on 6,612
mining sites as part of reclamation activities only when it is 6,613
adequately demonstrated by the operator that all of the following 6,614
conditions will be met: 6,615
(a) The size of the impoundment is adequate for its 6,617
intended purposes;. 6,618
(b) The impoundment dam construction will be so designed 6,620
as to achieve necessary stability with an adequate margin of 6,621
151
safety compatible with that of structures constructed under the 6,622
"Watershed Protection and Flood Prevention Act," 68 Stat. 666 6,623
(1954), 16 U.S.C. 1001, as amended;. 6,624
(c) The quality of impounded water will be suitable on a 6,626
permanent basis for its intended use and that discharges from the 6,627
impoundment will not degrade the water quality below water 6,628
quality standards established pursuant to applicable federal and 6,629
state law in the receiving stream;. 6,630
(d) The level of water will be reasonably stable;. 6,632
(e) Final grading will provide adequate safety and access 6,634
for proposed water users;. 6,635
(f) The water impoundments will not result in the 6,637
diminution of the quality or quantity of water utilized by 6,638
adjacent or surrounding landowners for agricultural, industrial, 6,639
recreational, or domestic uses. 6,640
(9) Conduct any augering operation associated with strip 6,642
mining in a manner to maximize recoverability of mineral reserves 6,643
remaining after the operation and reclamation are complete and 6,644
seal all auger holes with an impervious and noncombustible 6,645
material in order to prevent drainage, except where the chief 6,646
determines that the resulting impoundment of water in such auger 6,647
holes may create a hazard to the environment or the public health 6,648
or safety. The chief may prohibit augering if necessary to 6,649
maximize the utilization, recoverability, or conservation of the 6,650
solid fuel resources or to protect against adverse water quality 6,651
impacts. 6,652
(10) Minimize the disturbances to the prevailing 6,654
hydrologic balance at the mine site and in associated offsite 6,655
areas and to the quality and quantity of water in surface and 6,656
ground water systems both during and after coal mining operations 6,657
and during reclamation by doing all of the following: 6,658
(a) Avoiding acid or other toxic mine drainage by such 6,660
measures as, but not limited to: 6,661
(i) Preventing or removing water from contact with toxic 6,663
152
producing deposits; 6,664
(ii) Treating drainage to reduce toxic content that 6,666
adversely affects downstream water upon being released to water 6,667
courses in accordance with rules adopted by the chief in 6,668
accordance with section 1513.02 of the Revised Code; 6,669
(iii) Casing, sealing, or otherwise managing boreholes, 6,671
shafts, and wells, and keeping acid or other toxic drainage from 6,672
entering ground and surface waters. 6,673
(b)(i) Conducting coal mining operations so as to prevent, 6,675
to the extent possible using the best technology currently 6,676
available, additional contributions of suspended solids to 6,677
streamflow or runoff outside the permit area, but in no event 6,678
shall contributions be in excess of requirements set by 6,679
applicable state or federal laws; 6,680
(ii) Constructing any siltation structures pursuant to 6,682
division (A)(10)(b)(i) of this section prior to commencement of 6,683
coal mining operations. The structures shall be certified by 6,684
persons approved by the chief to be constructed as designed and 6,685
as approved in the reclamation plan. 6,686
(c) Cleaning out and removing temporary or large settling 6,688
ponds or other siltation structures from drainways after 6,689
disturbed areas are revegetated and stabilized, and depositing 6,690
the silt and debris at a site and in a manner approved by the 6,691
chief; 6,692
(d) Restoring recharge capacity of the mined area to 6,694
approximate premining conditions; 6,695
(e) Avoiding channel deepening or enlargement in 6,697
operations requiring the discharge of water from mines; 6,698
(f) Such other actions as the chief may prescribe. 6,700
(11) With respect to surface disposal of mine wastes, 6,702
tailings, coal processing wastes, and other wastes in areas other 6,703
than the mine working areas or excavations, stabilize all waste 6,704
piles in designated areas through construction in compacted 6,705
layers, including the use of noncombustible and impervious 6,706
153
materials if necessary, and ensure that the final contour of the 6,707
waste pile will be compatible with natural surroundings and that 6,708
the site can and will be stabilized and revegetated according to 6,709
this chapter; 6,710
(12) Refrain from coal mining within five hundred feet of 6,712
active and abandoned underground mines in order to prevent 6,713
breakthroughs and to protect the health or safety of miners. The 6,714
chief shall permit an operator to mine near, through, or 6,715
partially through an abandoned underground mine or closer than 6,716
five hundred feet to an active underground mine if all BOTH of 6,717
the following conditions are met: 6,719
(a) The nature, timing, and sequencing of the approximate 6,721
coincidence of specific strip mine activities with specific 6,722
underground mine activities are approved by the chief; 6,723
(b) The operations will result in improved resource 6,725
recovery, abatement of water pollution, or elimination of hazards 6,726
to the health and safety of the public. 6,727
(13) Design, locate, construct, operate, maintain, 6,729
enlarge, modify, and remove or abandon, in accordance with the 6,730
standards and criteria developed pursuant to rules adopted by the 6,731
chief, all existing and new coal mine waste piles consisting of 6,734
mine wastes, tailings, coal processing wastes, or other liquid 6,735
and solid wastes, and used either temporarily or permanently as 6,736
dams or embankments; 6,737
(14) Ensure that all debris, acid-forming materials, toxic 6,739
materials, or materials constituting a fire hazard are treated or 6,740
buried and compacted or otherwise disposed of in a manner 6,741
designed to prevent contamination of ground or surface waters and 6,742
that contingency plans are developed to prevent sustained 6,743
combustion; 6,744
(15) Ensure that all reclamation efforts proceed in an 6,746
environmentally sound manner and as contemporaneously as 6,747
practicable with the coal mining operations, except that where 6,748
the applicant proposes to combine strip mining operations with 6,749
154
underground mining operations to ensure maximum practical 6,750
recovery of the mineral resources, the chief may grant a variance 6,751
for specific areas within the reclamation plan from the 6,752
requirement that reclamation efforts proceed as contemporaneously 6,753
as practicable to permit underground mining operations prior to 6,754
reclamation if: 6,755
(a) The chief finds in writing that: 6,757
(i) The applicant has presented, as part of the permit 6,759
application, specific, feasible plans for the proposed 6,760
underground mining operations;. 6,761
(ii) The proposed underground mining operations are 6,763
necessary or desirable to ensure maximum practical recovery of 6,764
the mineral resource and will avoid multiple disturbance of the 6,765
surface;. 6,766
(iii) The applicant has satisfactorily demonstrated that 6,768
the plan for the underground mining operations conforms to 6,769
requirements for underground mining in this state and that 6,770
permits necessary for the underground mining operations have been 6,771
issued by the appropriate authority;. 6,772
(iv) The areas proposed for the variance have been shown 6,774
by the applicant to be necessary for the implementing of the 6,775
proposed underground mining operations;. 6,776
(v) No substantial adverse environmental damage, either 6,778
on-site or off-site, will result from the delay in completion of 6,779
reclamation as required by this chapter;. 6,780
(vi) Provisions for the off-site storage of spoil will 6,782
comply with division (A)(21) of this section. 6,783
(b) The chief has adopted specific rules to govern the 6,785
granting of such variances in accordance with this division and 6,786
has imposed such additional requirements as the chief considers 6,788
necessary;.
(c) Variances granted under this division shall be 6,790
reviewed by the chief not more than three years from the date of 6,791
issuance of the permit;. 6,792
155
(d) Liability under the bond filed by the applicant with 6,794
the chief pursuant to section 1513.08 of the Revised Code shall 6,795
be for the duration of the underground mining operations and 6,796
until the requirements of this section and section 1513.08 of the 6,797
Revised Code have been fully complied with. 6,798
(16) Ensure that the construction, maintenance, and 6,800
postmining conditions of access roads into and across the site of 6,801
operations will control or prevent erosion and siltation, 6,802
pollution of water, and damage to fish or wildlife or their 6,803
habitat, or to public or private property; 6,804
(17) Refrain from the construction of roads or other 6,806
access ways up a stream bed or drainage channel or in such 6,807
proximity to the channel as to seriously alter the normal flow of 6,808
water; 6,809
(18) Establish, on the regraded areas and all other lands 6,811
affected, a diverse, effective, and permanent vegetative cover of 6,812
the same seasonal variety native to the area of land to be 6,813
affected and capable of self-regeneration and plant succession at 6,814
least equal in extent of cover to the natural vegetation of the 6,815
area, except that introduced species may be used in the 6,816
revegetation process where desirable and necessary to achieve the 6,817
approved postmining land use plan; 6,818
(19)(a) Assume the responsibility for successful 6,820
revegetation, as required by division (A)(18) of this section, 6,821
for a period of five full years after the last year of augmented 6,822
seeding, fertilizing, irrigation, or other work in order to 6,823
ensure compliance with that division, except that when the chief 6,824
approves a long-term intensive agricultural postmining land use, 6,825
the applicable five-year period of responsibility for 6,826
revegetation shall commence at the date of initial planting for 6,827
that long-term intensive agricultural postmining land use, and 6,828
except that when the chief issues a written finding approving a 6,829
long-term intensive agricultural postmining land use as part of 6,830
the mining and reclamation plan, the chief may grant an exception 6,831
156
to division (A)(18) of this section; 6,832
(b) On lands eligible for remining, assume the 6,834
responsibility for successful revegetation, as required by 6,835
division (A)(18) of this section, for a period of two full years 6,836
after the last year of augmented seeding, fertilizing,
irrigation, or other work in order to ensure compliance with that 6,837
division.
(20) Protect off-site areas from slides or damage 6,839
occurring during the coal mining and reclamation operations and 6,840
not deposit spoil material or locate any part of the operations 6,841
or waste accumulations outside the permit area; 6,842
(21) Place all excess spoil material resulting from coal 6,844
mining and reclamation operations in such a manner that all of 6,845
the following apply: 6,846
(a) Spoil is transported and placed in a controlled manner 6,848
in position for concurrent compaction and in such a way as to 6,849
ensure mass stability and to prevent mass movement;. 6,850
(b) The areas of disposal are within the bonded permit 6,852
areas. All organic matter shall be removed immediately prior to 6,853
spoil placement except in the zoned concept method. 6,854
(c) Appropriate surface and internal drainage systems and 6,856
diversion ditches are used so as to prevent spoil erosion and 6,857
mass movement;. 6,858
(d) The disposal area does not contain springs, natural 6,860
watercourses, or wet weather seeps unless lateral drains are 6,861
constructed from the wet areas to the main underdrains in such a 6,862
manner that filtration of the water into the spoil pile will be 6,863
prevented unless the zoned concept method is used;. 6,864
(e) If placed on a slope, the spoil is placed upon the 6,866
most moderate slope among those slopes upon which, in the 6,867
judgment of the chief, the spoil could be placed in compliance 6,868
with all the requirements of this chapter and is placed, where 6,869
possible, upon, or above, a natural terrace, bench, or berm if 6,870
that placement provides additional stability and prevents mass 6,871
157
movement;. 6,872
(f) Where the toe of the spoil rests on a downslope, a 6,874
rock toe buttress of sufficient size to prevent mass movement is 6,875
constructed;. 6,876
(g) The final configuration is compatible with the natural 6,878
drainage pattern and surroundings and suitable for intended 6,880
uses;.
(h) Design of the spoil disposal area is certified by a 6,882
qualified registered professional engineer in conformance with 6,883
professional standards;. 6,884
(i) All other provisions of this chapter are met. 6,886
(22) Meet such other criteria as are necessary to achieve 6,888
reclamation in accordance with the purpose of this chapter, 6,889
taking into consideration the physical, climatological, and other 6,890
characteristics of the site; 6,891
(23) To the extent possible, using the best technology 6,893
currently available, minimize disturbances and adverse impacts of 6,894
the operation on fish, wildlife, and related environmental 6,895
values, and achieve enhancement of such resources where 6,896
practicable; 6,897
(24) Provide for an undisturbed natural barrier beginning 6,899
at the elevation of the lowest coal seam to be mined and 6,900
extending from the outslope for such distance as the chief shall 6,901
determine to be retained in place as a barrier to slides and 6,902
erosion. 6,903
(B)(1) The chief may permit mining operations for the 6,905
purposes set forth in division (B)(3) of this section. 6,906
(2) When an applicant meets the requirements of divisions 6,908
(B)(3) and (4) of this section, a permit without regard to the 6,909
requirement to restore to approximate original contour known as 6,910
mountain top removal set forth in divisions (A)(3) or (C)(2) and 6,911
(3) of this section may be granted for the mining of coal where 6,912
the mining operation will remove an entire coal seam or seams 6,913
running through the upper fraction of a mountain, ridge, or hill, 6,914
158
except as provided in division (B)(4)(a) of this section, by 6,915
removing all of the overburden and creating a level plateau or a 6,916
gently rolling contour with no highwalls remaining, and capable 6,917
of supporting postmining uses in accordance with this division. 6,918
(3) In cases where an industrial, commercial, 6,920
agricultural, residential, or public facility use, including 6,921
recreational facilities, is proposed for the postmining use of 6,923
the affected land, the chief may grant a permit for a mining
operation of the nature described in division (B)(2) of this 6,924
section when all of the following apply: 6,925
(a) After consultation with the appropriate land use 6,927
planning agencies, if any, the proposed postmining land use is 6,928
considered to constitute an equal or better economic or public 6,929
use of the affected land, as compared with premining use;. 6,930
(b) The applicant presents specific plans for the proposed 6,932
postmining land use and appropriate assurances that the use will 6,933
be all of the following: 6,934
(i) Compatible with adjacent land uses; 6,936
(ii) Obtainable according to data regarding expected need 6,938
and market; 6,939
(iii) Assured of investment in necessary public 6,941
facilities; 6,942
(iv) Supported by commitments from public agencies where 6,944
appropriate; 6,945
(v) Practicable with respect to private financial 6,947
capability for completion of the proposed use; 6,948
(vi) Planned pursuant to a schedule attached to the 6,950
reclamation plan so as to integrate the mining operation and 6,951
reclamation with the postmining land use; 6,952
(vii) Designed by a registered engineer in conformity with 6,954
professional standards established to ensure the stability, 6,955
drainage, and configuration necessary for the intended use of the 6,956
site. 6,957
(c) The proposed use is consistent with adjacent land uses 6,959
159
and existing state and local land use plans and programs;. 6,960
(d) The chief provides the governing body of the unit of 6,962
general-purpose local government in which the land is located, 6,963
and any state or federal agency that the chief, in the chief's 6,965
discretion, determines to have an interest in the proposed use,
an opportunity of not more than sixty days to review and comment 6,966
on the proposed use;. 6,967
(e) All other requirements of this chapter will be met. 6,969
(4) In granting a permit pursuant to this division, the 6,971
chief shall require that each of the following is met: 6,972
(a) The toe of the lowest coal seam and the overburden 6,974
associated with it are retained in place as a barrier to slides 6,975
and erosion;. 6,976
(b) The reclaimed area is stable;. 6,978
(c) The resulting plateau or rolling contour drains inward 6,980
from the outslopes except at specified points;. 6,981
(d) No damage will be done to natural watercourses;. 6,983
(e) Spoil will be placed on the mountaintop bench as is 6,985
necessary to achieve the planned postmining land use, except that 6,986
all excess spoil material not retained on the mountaintop bench 6,987
shall be placed in accordance with division (A)(21) of this 6,988
section;. 6,989
(f) Stability of the spoil retained on the mountaintop 6,991
bench is ensured and the other requirements of this chapter are 6,992
met. 6,993
(5) The chief shall adopt specific rules to govern the 6,995
granting of permits in accordance with divisions (B)(1) to (4) of 6,996
this section and may impose such additional requirements as the 6,997
chief considers necessary. 6,998
(6) All permits granted under divisions (B)(1) to (4) of 7,000
this section shall be reviewed not more than three years from the 7,001
date of issuance of the permit unless the applicant affirmatively 7,002
demonstrates that the proposed development is proceeding in 7,003
accordance with the terms of the approved schedule and 7,004
160
reclamation plan. 7,005
(C) All of the following performance standards apply to 7,007
steep-slope coal mining and are in addition to those general 7,008
performance standards required by this section, except that this 7,009
division does not apply to those situations in which an operator 7,010
is mining on flat or gently rolling terrain on which an 7,011
occasional steep slope is encountered through which the mining 7,012
operation is to proceed, leaving a plain or predominantly flat 7,013
area, or where an operator is in compliance with division (B) of 7,014
this section: 7,015
(1) The operator shall ensure that when performing coal 7,017
mining on steep slopes, no debris, abandoned or disabled 7,018
equipment, spoil material, or waste mineral matter is placed on 7,019
the downslope below the bench or mining cut. Spoil material in 7,020
excess of that required for the reconstruction of the approximate 7,021
original contour under division (A)(3) or (C)(2) of this section 7,022
shall be permanently stored pursuant to division (A)(21) of this 7,023
section. 7,024
(2) The operator shall complete backfilling with spoil 7,026
material to cover completely the highwall and return the site to 7,027
the approximate original contour, which material will maintain 7,028
stability following mining and reclamation. 7,029
(3) The operator shall not disturb land above the top of 7,031
the highwall unless the chief finds that the disturbance will 7,032
facilitate compliance with the environmental protection standards 7,033
of this section, except that any such disturbance involving land 7,034
above the highwall shall be limited to that amount of land 7,035
necessary to facilitate compliance. 7,036
(D)(1) The chief may permit variances for the purposes set 7,038
forth in division (D)(3) of this section, provided that the 7,039
watershed control of the area is improved and that complete 7,040
backfilling with spoil material shall be required to cover 7,041
completely the highwall, which material will maintain stability 7,042
following mining and reclamation. 7,043
161
(2) Where an applicant meets the requirements of divisions 7,045
(D)(3) and (4) of this section, a variance from the requirement 7,046
to restore to approximate original contour set forth in division 7,047
(C)(2) of this section may be granted for the mining of coal when 7,049
the owner of the surface knowingly requests in writing, as a part 7,050
of the permit application, that such a variance be granted so as 7,051
to render the land, after reclamation, suitable for an
industrial, commercial, residential, or public use, including 7,052
recreational facilities, in accordance with the provisions of 7,054
divisions (D)(3) and (4) of this section.
(3) A variance pursuant to division (D)(2) of this section 7,056
may be granted if: 7,057
(a) After consultation with the appropriate land use 7,059
planning agencies, if any, the potential use of the affected land 7,060
is considered to constitute an equal or better economic or public 7,061
use;. 7,062
(b) The postmining land condition is designed and 7,064
certified by a registered professional engineer in conformity 7,065
with professional standards established to ensure the stability, 7,066
drainage, and configuration necessary for the intended use of the 7,067
site;. 7,068
(c) After approval of the appropriate state environmental 7,070
agencies, the watershed of the affected land is considered to be 7,071
improved. 7,072
(4) In granting a variance pursuant to division (D) of 7,074
this section, the chief shall require that only such amount of 7,075
spoil will be placed off the mine bench as is necessary to 7,076
achieve the planned postmining land use, ensure stability of the 7,077
spoil retained on the bench, and meet all other requirements of 7,078
this chapter. All spoil placement off the mine bench shall 7,079
comply with division (A)(21) of this section. 7,080
(5) The chief shall adopt specific rules to govern the 7,082
granting of variances under division (D) of this section and may 7,083
impose such additional requirements as the chief considers 7,084
162
necessary. 7,085
(6) All variances granted under division (D) of this 7,087
section shall be reviewed not more than three years from the date 7,088
of issuance of the permit unless the permittee affirmatively 7,089
demonstrates that the proposed development is proceeding in 7,090
accordance with the terms of the reclamation plan. 7,091
(E) The chief shall establish standards and criteria 7,093
regulating the design, location, construction, operation, 7,094
maintenance, enlargement, modification, removal, and abandonment 7,095
of new and existing coal mine waste piles referred to in division 7,096
(A)(13) of this section and division (A)(5) of section 1513.35 of 7,097
the Revised Code. The standards and criteria shall conform to 7,098
the standards and criteria used by the chief of the United States 7,099
army corps of engineers to ensure that flood control structures 7,100
are safe and effectively perform their intended function. In 7,101
addition to engineering and other technical specifications, the 7,102
standards and criteria developed pursuant to this division shall 7,103
include provisions for review and approval of plans and 7,104
specifications prior to construction, enlargement, modification, 7,105
removal, or abandonment; performance of periodic inspections 7,106
during construction; issuance of certificates of approval upon 7,107
completion of construction; performance of periodic safety 7,108
inspections; and issuance of notices for required remedial or 7,109
maintenance work. 7,110
(F)(1) The permittee may file a request with the chief for 7,112
release of a part of a performance bond or deposit under division 7,113
(F)(3) of this section. Within thirty days after any request for 7,114
bond or deposit release under this section has been filed with 7,115
the chief, the operator shall submit a copy of an advertisement 7,116
placed at least once a week for four successive weeks in a 7,117
newspaper of general circulation in the locality of the coal 7,118
mining operation. The advertisement shall be considered part of 7,119
any bond release application and shall contain a notification of 7,120
the precise location of the land affected, the number of acres, 7,121
163
the permit number and the date approved, the amount of the bond 7,122
filed and the portion sought to be released, the type and 7,123
appropriate dates of reclamation work performed, and a 7,124
description of the results achieved as they relate to the 7,125
operator's approved reclamation plan and, if applicable, the 7,126
operator's pollution abatement plan. In addition, as part of any 7,127
bond release application, the applicant shall submit copies of 7,128
the letters sent to adjoining property owners, local governmental 7,129
bodies, planning agencies, and sewage and water treatment 7,130
authorities or water companies in the locality in which the coal 7,131
mining and reclamation activities took place, notifying them of 7,132
the applicant's intention to seek release from the bond. 7,133
(2) Upon receipt of a copy of the advertisement and 7,135
request for release of a bond or deposit under division (F)(3)(c) 7,136
of this section, the chief, within thirty days, shall conduct an 7,137
inspection and evaluation of the reclamation work involved. The 7,138
evaluation shall consider, among other things, the degree of 7,139
difficulty to complete any remaining reclamation, whether 7,140
pollution of surface and subsurface water is occurring, the 7,141
probability of continuation or future occurrence of the 7,142
pollution, and the estimated cost of abating the pollution. The 7,143
chief shall notify the permittee in writing of the decision to 7,144
release or not to release all or part of the performance bond or 7,145
deposit within sixty days after the filing of the request if no 7,146
public hearing is held pursuant to division (F)(6) of this 7,147
section or, if there has been a public hearing held pursuant to 7,148
division (F)(6) of this section, within thirty days thereafter. 7,149
(3) The chief may release the bond or deposit if the 7,151
reclamation covered by the bond or deposit or portion thereof has 7,152
been accomplished as required by this chapter and rules adopted 7,153
under it according to the following schedule: 7,154
(a) When the operator completes the backfilling, 7,156
regrading, and drainage control of a bonded area in accordance 7,157
with the approved reclamation plan, and, if the area covered by 7,159
164
the bond or deposit is one for which an authorization was made 7,160
under division (E)(7) of section 1513.07 of the Revised Code, the 7,161
operator has complied with the approved pollution abatement plan 7,162
and all additional requirements established by the chief in rules 7,163
adopted under section 1513.02 of the Revised Code governing coal 7,164
mining and reclamation operations on pollution abatement areas, 7,165
the chief shall grant a release of fifty per cent of the bond or 7,166
deposit for the applicable permit area;. 7,167
(b) After resoiling and revegetation have been established 7,169
on the regraded mined lands in accordance with the approved 7,170
reclamation plan, the chief shall grant a release in an amount 7,171
not exceeding thirty-five per cent of the original bond or 7,172
deposit for all or part of the affected area under the permit. 7,173
When determining the amount of bond to be released after 7,174
successful revegetation has been established, the chief shall 7,175
retain that amount of bond for the revegetated area that would be 7,176
sufficient for a third party to cover the cost of reestablishing 7,177
revegetation for the period specified for operator responsibility 7,178
in this section for reestablishing revegetation. No part of the 7,179
bond or deposit shall be released under this division so long as 7,180
the lands to which the release would be applicable are 7,181
contributing suspended solids to streamflow or runoff outside the 7,182
permit area in excess of the requirements of this section or 7,183
until soil productivity for prime farmlands has returned to 7,184
equivalent levels of yield as nonmined land of the same soil type 7,185
in the surrounding area under equivalent management practices as 7,186
determined from the soil survey performed pursuant to section 7,187
1513.07 of the Revised Code. If the area covered by the bond or 7,188
deposit is one for which an authorization was made under division 7,189
(E)(7) of section 1513.07 of the Revised Code, no part of the 7,190
bond or deposit shall be released under this division until the 7,191
operator has complied with the approved pollution abatement plan 7,192
and all additional requirements established by the chief in rules 7,193
adopted under section 1513.02 of the Revised Code governing coal 7,194
165
mining and reclamation operations on pollution abatement areas. 7,195
Where a silt dam is to be retained as a permanent impoundment 7,196
pursuant to division (A)(10) of this section, the portion of bond 7,197
may be released under this division so long as provisions for 7,198
sound future maintenance by the operator or the landowner have 7,199
been made with the chief. 7,200
(c) When the operator has completed successfully all coal 7,202
mining and reclamation activities, including, if applicable, all 7,203
additional requirements established in the pollution abatement 7,204
plan approved under division (E)(7) of section 1513.07 of the 7,205
Revised Code and all additional requirements established by the 7,206
chief in rules adopted under section 1513.02 of the Revised Code 7,207
governing coal mining and reclamation operations on pollution 7,208
abatement areas, the chief shall release all or any of the 7,209
remaining portion of the bond or deposit for all or part of the 7,210
affected area under a permit, but not before the expiration of 7,211
the period specified for operator responsibility in this section, 7,212
except that the chief may adopt rules for a variance to the 7,213
operator period of responsibility considering vegetation success 7,214
and probability of continued growth and consent of the landowner, 7,215
provided that no bond shall be fully released until all 7,216
reclamation requirements of this chapter are fully met. 7,217
(4) If the chief disapproves the application for release 7,219
of the bond or deposit or portion thereof, the chief shall notify 7,220
the permittee, in writing, stating the reasons for disapproval 7,221
and recommending corrective actions necessary to secure the 7,222
release, and allowing the opportunity for a public adjudicatory 7,223
hearing. 7,224
(5) When any application for total or partial bond release 7,226
is filed with the chief under this section, the chief shall 7,227
notify the municipal corporation in which the coal mining 7,228
operation is located by certified mail at least thirty days prior 7,229
to the release of all or a portion of the bond. 7,230
(6) A person with a valid legal interest that might be 7,232
166
adversely affected by release of a bond under this section or the 7,233
responsible officer or head of any federal, state, or local 7,234
government agency that has jurisdiction by law or special 7,235
expertise with respect to any environmental, social, or economic 7,236
impact involved in the operation or is authorized to develop and 7,237
enforce environmental standards with respect to such operations 7,238
may file written objections to the proposed release from the bond 7,239
with the chief within thirty days after the last publication of 7,240
the notice required by division (F)(1) of this section. If 7,241
written objections are filed and an informal conference is 7,242
requested, the chief shall inform all interested parties of the 7,243
time and place of the conference. The date, time, and location 7,244
of the informal conference shall be advertised by the chief in a 7,245
newspaper of general circulation in the locality of the coal 7,246
mining operation proposed for bond release for at least once a 7,247
week for two consecutive weeks. The informal conference shall be 7,248
held in the locality of the coal mining operation proposed for 7,249
bond release or in Franklin county, at the option of the 7,250
objector, within thirty days after the request for the 7,251
conference. An electronic or stenographic record shall be made 7,252
of the conference proceeding unless waived by all parties. The 7,253
record shall be maintained and shall be accessible to the parties 7,254
until final release of the performance bond at issue. In the 7,255
event all parties requesting the informal conference stipulate 7,256
agreement prior to the requested informal conference and withdraw 7,257
their request, the informal conference need not be held. 7,258
(7) If an informal conference has been held pursuant to 7,260
division (F)(6) of this section, the chief shall issue and 7,261
furnish the applicant and persons who participated in the 7,262
conference with the written decision regarding the release within 7,263
sixty days after the conference. Within thirty days after 7,264
notification of the final decision of the chief regarding the 7,265
bond release, the applicant or any person with an interest that 7,266
is or may be adversely affected by the decision may appeal the 7,267
167
decision to the reclamation commission pursuant to section 7,269
1513.13 of the Revised Code.
(G) The chief shall adopt rules governing the criteria for 7,271
forfeiture of bond, the method of determining the forfeited 7,272
amount, and the procedures to be followed in the event of 7,273
forfeiture. Cash received as the result of such forfeiture is 7,274
the property of the state. 7,275
(H) Notwithstanding divisions (A) to (F) of this section, 7,277
the following time frames for reclamation and procedures for bond 7,278
release shall apply to those permits issued after April 10, 1972, 7,279
but before September 1, 1981: 7,280
(1) Within three months after the removal of overburden, 7,282
the operator shall commence backfilling, grading, resoiling, and 7,283
other work, except planting, on the area of land affected by that 7,284
removal. The work shall be completed within twelve months after 7,285
the end of the permit year within which the area of land was 7,286
affected, or within twelve months after the operation is 7,287
terminated, completed, or abandoned, whichever occurs first. 7,288
Whenever possible, the chief of the division of mines and 7,289
reclamation shall require backfilling, grading, resoiling, and 7,290
other work, including planting, as mining progresses. In any 7,291
case, planting shall take place not later than the next 7,292
appropriate season for such planting following the completion of 7,293
backfilling, grading, resoiling, and other work, as required by 7,294
this division.
If the chief finds that the operator cannot comply with the 7,296
time limits of this division because of a labor dispute, the 7,297
chief may extend them for the period of time lost. 7,298
The chief may extend the time limits of this division for 7,299
periods of not more than one year at a time if the operator needs 7,300
more time than that otherwise allowed under this division for the 7,301
purpose of removing limestone, clay, or shale which was uncovered 7,302
by strip mining, if the operator is in a business which 7,303
substantially utilizes limestone, clay, or shale, and if the 7,304
168
chief determines that the operator has a bona fide need for the 7,305
extension of time in order to carry out limestone, clay, or shale 7,306
removal. Removal of limestone, clay, and shale shall be 7,307
performed under rules adopted by the chief for the purpose of 7,308
ensuring compliance with the requirements and objectives of this 7,309
chapter. An extension of time made under this division shall not 7,310
delay reclamation on any part of the area of land affected for 7,311
which the extension is not necessary in order to carry out the 7,312
limestone, clay, or shale removal. 7,313
(2) When the reclamation other than planting of the area 7,315
of land affected as shown on an annual or final map is completed, 7,316
the operator shall file a request, on a form provided by the 7,317
chief, for inspection of the area. The request shall state all 7,318
of the following: 7,319
(a) The location of the area and number of acres; 7,321
(b) The permit number; 7,323
(c) The amount of bond, cash, or certificates of deposit 7,325
on deposit to ensure reclamation of the area; 7,326
(d) The results of testing on the soil of the reclaimed 7,328
area for such vegetation-sustaining factors as the chief shall 7,329
prescribe by rule. 7,330
The chief shall make an inspection and evaluation of the 7,332
reclamation of the area within the prescribed period after 7,333
receipt of the request or, if the operator fails to complete the 7,334
reclamation or file the request as required, as soon as the chief 7,335
learns of the default. Thereupon, if the chief approves the 7,336
reclamation other than planting as meeting the requirements of 7,337
this chapter, rules adopted thereunder, any orders issued during 7,338
the mining or reclamation, and the specifications of the plan for 7,339
mining and reclaiming, the chief shall issue an order to the 7,341
operator and the operator's surety releasing them from liability
for one-half the total amount of their surety bonds on deposit to 7,342
ensure reclamation for the area upon which reclamation is 7,343
completed. If the operator has deposited cash or certificates of 7,344
169
deposit in lieu of a surety bond to ensure reclamation, the chief 7,345
shall issue an order to the operator releasing one-half of the 7,346
total amount so held and shall promptly transmit a certified copy 7,347
of that order to the treasurer of state. Upon presentation of 7,348
the order to the treasurer of state by the operator to whom it 7,349
was issued, or by the operator's authorized agent, the treasurer 7,350
of state shall deliver to the operator or the operator's 7,351
authorized agent the cash or certificates of deposit designated 7,352
in the order. 7,353
If the chief does not approve the reclamation other than 7,355
planting, the chief shall notify the operator by certified mail 7,357
within the prescribed period after the request for inspection is
filed or after the chief learns of the default. The notice shall 7,358
be an order stating the reasons for unacceptability, ordering 7,360
further actions to be taken, and setting a time limit for 7,361
compliance. If the operator does not comply with the order 7,362
within the time limit specified, the chief may order an extension 7,363
of time for compliance after determining that the operator's 7,365
noncompliance is for good cause, resulting from developments 7,366
partially or wholly beyond the operator's control. If the 7,367
operator complies within the time limit or the extension of time 7,368
granted for compliance, the chief shall order release of bond, 7,369
cash, or certificates of deposit in the same manner as in the 7,370
case of approval of reclamation other than planting by the chief, 7,371
and the treasurer of state shall proceed as in such a case. If 7,372
the operator does not comply within the extension of time granted 7,374
for compliance, the chief shall issue another order declaring 7,375
that the operator has failed to reclaim and, if the operator's 7,376
permit has not already expired or been revoked, revoking the 7,377
operator's permit. The chief then shall proceed under division 7,378
(H)(4) of this section. 7,379
(3) When the planting of the area of land affected as 7,381
shown on an annual or final map is completed and the growing 7,382
season in which the planting occurred has terminated, the 7,383
170
operator shall file a request, on a form provided by the chief, 7,384
for inspection of the area. The request shall state all of the 7,385
following: 7,386
(a) The location of the area and number of acres; 7,388
(b) The permit number; 7,390
(c) The amount of bond, cash, or certificates of deposit 7,392
on deposit to ensure reclamation of the area; 7,393
(d) The type and date of planting of vegetative cover, the 7,395
degree of success of growth, and results of testing on the soil 7,396
of the reclaimed area for such vegetation-sustaining factors as 7,397
the chief shall prescribe by rule. 7,398
The chief shall make an inspection and evaluation of the 7,400
reclamation of the area within the prescribed period after 7,401
receipt of the request or, if the operator fails to complete the 7,402
reclamation or file the request as required, as soon as the chief 7,403
learns of the default. If the chief finds that the reclamation 7,404
meets the requirements of this chapter, rules adopted thereunder 7,405
in accordance with Chapter 119. of the Revised Code, any order 7,406
issued during the mining and reclamation, and the specifications 7,407
of the plan for mining and reclaiming, and decides to release any 7,408
remaining bond, cash, or certificates of deposit on deposit to 7,409
ensure reclamation of the area upon which reclamation is 7,410
completed, the chief shall publish, within ten days of completing 7,412
the inspection and evaluation, notice of that decision in a 7,413
newspaper of general circulation in the county in which the 7,414
operation is located. The notice shall be published on two days 7,415
one week apart and shall describe the size and location of the 7,416
area for which bond, cash, or certificates of deposit are to be 7,417
released and the amount of the bond, cash, or certificates of 7,418
deposit. Any person claiming to be deprived of a right or 7,419
protection afforded the person by law may file an appeal with the 7,420
reclamation commission, within ten days after the second 7,423
publication of notice, objecting to the decision to release the 7,424
bond, cash, or certificates of deposit. If such an appeal is 7,425
171
filed, the requirements of section 1513.13 of the Revised Code 7,426
shall be followed to the extent that they are not inconsistent 7,427
with the requirements of this section. The person filing the 7,428
appeal, within three days after the appeal is filed with the 7,429
commission, shall notify the chief and the operator by certified 7,431
mail of the filing of the appeal. If the commission affirms the 7,432
decision of the chief, the costs of the appeal shall be taxed 7,434
against the appellant, and the chief shall release the remaining 7,435
bond, cash, or certificates of deposit. If the commission finds 7,436
that the decision of the chief was unreasonable or unlawful, it 7,438
shall make a written order vacating the decision appealed from 7,439
and ordering the chief to take all necessary further actions in 7,440
requiring compliance with this section. After the operator has 7,442
completed all actions so required by the chief, the operator 7,443
shall file another request for inspection and proceed under this
division as in the first instance. If no such appeal is filed, 7,444
the chief, upon expiration of the ten days following the second 7,445
publication of notice, shall order release of the remaining bond, 7,446
cash, or certificates of deposit in the same manner as in the 7,448
case of approval of reclamation other than planting, and the
treasurer of state shall proceed as in such a case. 7,449
If the chief does not approve the reclamation performed by 7,451
the operator, the chief shall notify the operator by certified 7,453
mail within the prescribed period after the request for 7,454
inspection is filed or after learning of the default. The notice 7,455
shall be an order stating the reasons for unacceptability, 7,457
ordering further actions to be taken, and setting a time limit 7,458
for compliance. If the operator does not comply with the order 7,459
within the time limit specified, the chief may order an extension 7,460
of time for compliance after determining that the operator's 7,462
noncompliance is for good cause, resulting from developments 7,463
partially or wholly beyond the operator's control. If the 7,464
operator complies within the time limit or the extension of time 7,465
granted for compliance, the chief shall order release of the 7,466
172
remaining bond, cash, or certificates of deposit in the same 7,467
manner as in the case of approval of reclamation by the chief, 7,468
and the treasurer of state shall proceed as in such a case. If 7,469
the operator does not comply within the time limit and the chief 7,470
does not order an extension, or if the chief orders an extension 7,471
of time and the operator does not comply within the extension of 7,472
time granted for compliance, the chief shall make another order 7,473
declaring that the operator has failed to reclaim and, if the 7,474
operator's permit has not already expired or been revoked, 7,475
revoking the operator's permit. The chief then shall proceed 7,476
under division (H)(4) of this section. 7,477
(4) Upon issuing an order under division (H)(2) or (3) of 7,479
this section declaring that the operator has failed to reclaim, 7,480
the chief shall make a finding as to the number and location of 7,481
the acres of land which the operator has failed to reclaim in the 7,483
manner required by this chapter and the amount of the estimated 7,484
cost to the state to perform reclamation on those acres as 7,485
determined by the chief at the time of application. The chief
shall order the release of that proportion of the bond, cash, or 7,486
certificates of deposit which are on deposit to ensure 7,487
reclamation of those acres which the chief finds to have been 7,488
reclaimed in the manner required by this chapter, provided that 7,489
all the land contained within a yearly segment as shown in the 7,490
annual or final map has been so reclaimed. Such a release shall 7,491
be ordered in the same manner as in the case of other approval of 7,492
reclamation by the chief, and the treasurer of state shall 7,493
proceed as in such a case. If the operator has on deposit cash 7,494
or certificates of deposit to ensure reclamation of the area of 7,495
land affected, the chief shall issue at the same time an order 7,496
declaring that the remaining proportion of the cash or 7,497
certificates of deposit is the property of the state and is 7,498
available for use by the chief in performing reclamation of the 7,499
area and shall proceed as under section 1513.18 of the Revised 7,500
Code. 7,501
173
If the operator has on deposit a surety bond to ensure 7,503
reclamation of the area of land affected, the chief shall notify 7,504
the surety in writing of the operator's default and shall request 7,505
the surety to perform the surety's obligation and that of the 7,506
operator. The surety, within ten days after receipt of the 7,508
notice, shall notify the chief as to whether it intends to
perform those obligations. 7,509
If the surety chooses to perform, it shall arrange for work 7,511
to begin within thirty days of the day on which it notifies the 7,512
chief of its decision. If the surety completes the work as 7,513
required by this chapter, the chief shall issue an order to the 7,514
surety releasing the surety from liability under the bond in the 7,515
same manner as if the surety were an operator proceeding under 7,516
this section. If, after the surety begins the work, the chief 7,517
determines that the surety is not carrying the work forward with 7,518
reasonable progress, that it is improperly performing the work, 7,520
or that it has abandoned the work or otherwise failed to perform 7,521
its obligation and that of the operator, the chief shall issue an 7,522
order terminating the right of the surety to perform the work and 7,523
demanding payment of the amount due as required by this chapter. 7,524
If the surety chooses not to perform and so notifies the 7,526
chief, does not respond to the chief's notice within ten days of 7,527
receipt thereof, or fails to begin work within thirty days of the 7,528
day it timely notifies the chief of its decision to perform its 7,529
obligation and that of the operator, the chief shall issue an 7,530
order terminating the right of the surety to perform the work and 7,531
demanding payment of the amount due, as required by this chapter. 7,532
Upon receipt of an order of the chief demanding payment of 7,534
the amount due, the surety immediately shall deposit with the 7,535
chief cash in the full amount due under the order for deposit 7,536
with the treasurer of state. If the surety fails to make such an 7,537
immediate deposit, the chief shall certify the amount to the 7,538
attorney general for collection. When the chief has issued an 7,539
order terminating the right of the surety and has the cash on 7,540
174
deposit, the cash is the property of the state and is available 7,541
for use by the chief, who shall proceed as under section 1513.18 7,542
of the Revised Code. 7,543
(5) For purposes of division (H) of this section, 7,545
"prescribed period" means, in the case of a request for 7,546
inspection pertaining to twenty-five acres or less, sixty days; 7,547
in the case of a request for inspection pertaining to more than 7,548
twenty-five acres, but not more than one hundred twenty-five 7,549
acres, ninety days; in the case of a request for inspection 7,551
pertaining to more than one hundred twenty-five acres, but not 7,552
more than one thousand acres, one hundred twenty days; and in the 7,553
case of a request for inspection pertaining to more than one 7,554
thousand acres, one hundred eighty days. 7,555
Sec. 1513.161. An operator shall use explosives only in 7,564
accordance with Chapter 1567. of the Revised Code and rules 7,566
adopted pursuant thereto by the chief of the division of mines 7,567
and reclamation MINERAL RESOURCES MANAGEMENT, and in accordance 7,569
with this section and rules adopted pursuant thereto by the 7,570
chief, and in accordance with all applicable federal laws and 7,571
regulations. If, in any situation involving a coal mining 7,572
operation, except when underground coal mining is part or all of 7,573
the coal mining operation, a rule adopted pursuant to Chapter 7,575
1567. OF THE REVISED CODE is in conflict with a rule adopted 7,576
pursuant to this section, the rule adopted pursuant to this 7,578
section shall prevail PREVAILS. When underground coal mining is 7,579
part or all of the coal mining operation, the rule adopted 7,581
pursuant to Chapter 1567. shall prevail OF THE REVISED CODE 7,583
PREVAILS.
Before an explosive is set off, sufficient warning shall be 7,585
given to allow any person in or approaching the area ample time 7,586
to retreat a safe distance. 7,587
No blasting shall be done between the hours of sunset and 7,589
sunrise. 7,590
The chief shall adopt rules to: 7,593
175
(A) Provide adequate advance written notice to local 7,595
governments and residents who might be affected by the use of 7,596
explosives by publication of the planned blasting schedule in a 7,597
newspaper of general circulation in the locality of the coal 7,598
mining operation, by mailing a copy of the proposed blasting 7,599
schedule to every resident living within one-half mile of the 7,600
proposed blasting site, and by providing daily notice to 7,601
residents or occupants in such areas prior to any blasting; 7,602
(B) Maintain for a period of at least three years and make 7,604
available for public inspection upon request a log detailing the 7,605
location of the blasts, the pattern and depth of the drill holes, 7,606
the amount of explosives used per hole, and the order and length 7,607
of delay in the blasts; 7,608
(C) Limit the type of explosives and detonating equipment, 7,610
the size, and the timing and frequency of blasts based upon the 7,611
physical conditions of the site so as to prevent: 7,612
(1) Injury to persons; 7,614
(2) Damage to public and private property outside the 7,616
permit area; 7,617
(3) Adverse impacts on any underground mine; 7,619
(4) Change in the course, channel, or availability of 7,621
ground or surface water outside the permit area. 7,622
(D) Require that all blasting operations be conducted by 7,624
trained and competent persons as certified by the chief; 7,625
(E) Provide that upon the request of a resident or owner 7,627
of a man-made AN ARTIFICIAL dwelling or structure or water supply 7,629
within one-half mile of any portion of the permit area, the 7,631
applicant or permittee shall conduct a preblasting survey of the 7,632
structures or water supply and submit the survey to the chief and 7,633
a copy to the resident or owner making the request. The area of 7,634
the survey shall be decided by the chief and shall include such 7,635
provisions as the chief prescribes;. 7,636
(F) Require the training, examination, and certification 7,638
of persons engaging in or directly responsible for blasting or 7,639
176
use of explosives in coal mining operations. 7,640
The chief, by rule or order, may prohibit blasting in 7,642
specific areas where the safety of the public would be 7,643
endangered. 7,644
No person shall use explosives in violation of this 7,646
section, a rule adopted thereunder, or an order of the chief. 7,647
Sec. 1513.17. (A) No person shall: 7,656
(1) Engage in coal mining or conduct a coal mining 7,658
operation without a permit issued by the chief of the division of 7,659
mines and reclamation MINERAL RESOURCES MANAGEMENT; 7,660
(2) Knowingly violate a condition or exceed the limits of 7,662
a permit; 7,663
(3) Knowingly fail to comply with an order of the chief of 7,665
the division of mines and reclamation issued under Chapter 1513. 7,666
of the Revised Code THIS CHAPTER; 7,667
(4) Knowingly violate any provision of Chapter 1513. of 7,669
the Revised Code THIS CHAPTER not specificially SPECIFICALLY 7,671
mentioned in this section; 7,672
(5) Knowingly make any false statement, representation, or 7,674
certification or knowingly fail to make any statement, 7,675
representation, or certification in any application, record, 7,676
report, plan, or other document filed or required to be 7,677
maintained under Chapter 1513. of the Revised Code THIS CHAPTER 7,678
or under a final order or decision issued by the chief; 7,680
(6) Knowingly prevent, hinder, delay, or otherwise 7,682
obstruct the operator from completing backfilling, grading, 7,683
resoiling, establishing successful vegetation, and meeting all 7,684
other reclamation requirements of Chapter 1513. of the Revised 7,685
Code THIS CHAPTER prior to the final release of the operator's 7,686
bond. 7,687
(B) Division (A)(1) of this section imposes strict 7,689
criminal liability. 7,690
Sec. 1513.18. (A) All money that becomes the property of 7,699
the state under division (G) of section 1513.16 of the Revised 7,702
177
Code shall be deposited in the reclamation forfeiture fund, which 7,703
is hereby created in the state treasury. Disbursements from the
fund shall be made by the chief of the division of mines and 7,705
reclamation only MINERAL RESOURCES MANAGEMENT for the purpose of 7,706
reclaiming areas of land affected by coal mining under a coal 7,707
mining and reclamation permit issued on or after September 1, 7,708
1981, on which an operator has defaulted. 7,709
(B) All cash that becomes the property of the state under 7,711
division (H) of section 1513.16 of the Revised Code shall be 7,712
deposited in the reclamation supplemental forfeiture fund, which 7,714
is hereby created in the state treasury. The fund ALSO shall 7,715
consist of all moneys so deposited, any moneys transferred to it 7,716
under this division from the unreclaimed lands fund created in 7,717
section 1513.30 of the Revised Code, any moneys transferred to it 7,720
under section 1513.181 of the Revised Code from the coal mining 7,722
and reclamation reserve fund created in that section, and moneys 7,723
collected and credited to it pursuant to section 5749.02 of the 7,724
Revised Code. Disbursements from the fund shall be made by the 7,728
chief only for the purpose of reclaiming areas that an operator 7,729
has affected by mining and failed to reclaim under a coal mining 7,730
and reclamation permit issued under this chapter or under a 7,731
surface mining permit issued under Chapter 1514. of the Revised 7,733
Code. The chief's priority for management of the fund, including 7,735
the selection of projects and transfer of moneys, shall be to 7,736
ensure that sufficient moneys are available for the reclamation 7,737
of areas affected by mining under a coal mining and reclamation 7,738
permit.
The chief may expend moneys from the fund to pay necessary 7,741
administrative costs, including engineering and design services, 7,742
incurred by the division OF MINERAL RESOURCES MANAGEMENT in 7,743
reclaiming these areas. Expenditures from the fund to pay such 7,744
administrative costs need not be made under contract. 7,745
As moneys are spent from the fund, the director of budget 7,748
and management, upon the certification of the chief, shall 7,749
178
transfer additional moneys from the unreclaimed lands fund
created in section 1513.30 of the Revised Code that the chief 7,752
requests, provided that the director shall not transfer more than 7,753
one million dollars from the unreclaimed lands fund to the 7,754
reclamation supplemental forfeiture fund during any fiscal year. 7,756
(C) Except when paying necessary administrative costs 7,758
authorized by division (B) of this section, expenditures from 7,759
either THE fund shall be made under contracts entered into by the 7,761
chief, with the approval of the director of natural resources, in 7,762
accordance with procedures established by the chief, by rules 7,763
adopted in accordance with section 1513.02 of the Revised Code. 7,764
The chief may reclaim the land in the same manner as set forth in 7,765
sections 1513.21 to 1513.24 of the Revised Code. Each contract 7,766
awarded by the chief shall be awarded to the lowest responsive 7,767
and responsible bidder, in accordance with section 9.312 of the 7,768
Revised Code, after sealed bids are received, opened, and 7,769
published at the time and place fixed by the chief. The chief 7,770
shall publish notice of the time and place at which bids will be 7,771
received, opened, and published, at least once and at least ten 7,772
days before the date of the opening of the bids, in a newspaper 7,773
of general circulation in the county in which the area of land to 7,774
be reclaimed under the contract is located. If, after 7,775
advertising, no bids are received at the time and place fixed for 7,777
receiving them, the chief may advertise again for bids, or, if 7,778
the chief considers the public interest will best be served, the 7,780
chief may enter into a contract for the reclamation of the area 7,781
of land without further advertisement for bids. The chief may 7,782
reject any or all bids received and again publish notice of the 7,783
time and place at which bids for contracts will be received, 7,784
opened, and published. The chief, with the approval of the 7,785
director, may enter into a contract with the landowner, a coal 7,786
mine operator or surface mine operator mining under a current, 7,787
valid permit issued under this chapter or Chapter 1514. of the 7,788
Revised Code, or a contractor hired by the surety to complete 7,790
179
reclamation to carry out reclamation on land affected by coal 7,791
mining on which an operator has defaulted without advertising for 7,792
bids.
(D) If the amount of money credited to the reclamation 7,794
forfeiture fund from the forfeiture of the bond applicable to the 7,795
area of land is not sufficient to pay the cost of doing all of 7,796
the reclamation work on land that the operator should have done, 7,797
but failed to do under a coal mining and reclamation permit, the 7,798
chief may expend from the moneys credited to the reclamation 7,800
supplemental forfeiture fund under section 5749.02 of the Revised 7,803
Code or transferred to the fund under division (B) of this 7,805
section or under section 1513.181 of the Revised Code the amount 7,809
of money necessary to complete the reclamation work to the 7,810
standards required by this chapter. 7,811
(E) The chief shall keep a detailed accounting of the 7,814
expenditures from the reclamation supplemental forfeiture fund to 7,816
complete reclamation of the land and, upon completion of the
reclamation, shall certify the expenditures to the attorney 7,817
general. Upon the chief's certification of the expenditures from 7,818
the reclamation supplemental forfeiture fund, the attorney 7,819
general shall bring an action for that amount of money. The 7,820
operator is liable for that expense in addition to any other 7,821
liabilities imposed by law. Moneys so recovered shall be 7,823
credited to the reclamation supplemental forfeiture fund. The 7,824
chief shall not postpone the reclamation because of any action 7,826
brought by the attorney general under this division. Prior to 7,827
completing reclamation, the chief may collect through the 7,828
attorney general any additional amount that the chief believes 7,829
will be necessary for reclamation in excess of the forfeited bond 7,830
amount applicable to the land that the operator should have, but 7,831
failed to, reclaim.
(F) If any part of the moneys in the reclamation 7,833
forfeiture fund remains in the fund after the chief has caused 7,835
the area of land to be reclaimed and has paid all the reclamation 7,836
180
costs and expenses, the chief may expend those moneys to complete 7,837
other reclamation work performed under this section on forfeiture 7,838
areas affected under a coal mining and reclamation permit issued 7,839
on or after September 1, 1981. 7,840
(G) The chief shall require every contractor performing 7,843
reclamation work pursuant to this section to pay workers at the 7,844
greater of their regular rate of pay, as established by contract, 7,845
agreement, or prior custom or practice, or the average wage rate 7,846
paid in this state for the same or similar work as determined by 7,847
the chief under section 1513.02 of the Revised Code. 7,848
Sec. 1513.181. There is hereby created in the state 7,857
treasury the coal mining administration and reclamation reserve 7,858
fund. The fund shall be used for the administration and 7,859
enforcement of this chapter. The chief of the division of mines 7,861
and reclamation MINERAL RESOURCES MANAGEMENT may transfer not 7,862
more than one million dollars annually from the fund to the 7,863
reclamation supplemental forfeiture fund created in section 7,865
1513.18 of the Revised Code to complete reclamation of lands 7,866
affected by coal mining under a permit issued under this chapter, 7,867
or by surface mining under a surface mining permit issued under 7,869
Chapter 1514. of the Revised Code, that the operator failed to 7,871
reclaim and for which the operator's bond is insufficient to 7,872
complete the reclamation. Within ten days before or after the 7,873
beginning of each calendar quarter, the chief shall MAY certify 7,874
to the director of budget and management the amount of money 7,876
needed to perform such reclamation during the quarter for 7,877
transfer from the coal mining administration and reclamation 7,878
reserve fund to the reclamation supplemental forfeiture fund. 7,879
Fines collected under division (F)(E) of section 1513.02 7,881
and section 1513.99 of the Revised Code, and fines collected for 7,882
a violation of section 2921.31 of the Revised Code that, prior to 7,883
July 1, 1996, would have been a violation of division (G) of 7,885
section 1513.17 of the Revised Code as it existed prior to that 7,886
date, shall be paid into the coal mining administration and 7,887
181
reclamation reserve fund.
Sec. 1513.20. The chief of the division of mines and 7,896
reclamation MINERAL RESOURCES MANAGEMENT, with the approval of 7,897
the director of natural resources, may purchase or acquire by 7,898
gift, donation, or contribution any eroded land, including land 7,899
affected by strip mining, for which no cash is held in the 7,900
reclamation forfeiture fund created by section 1513.18 of the 7,902
Revised Code. For this purpose the chief may expend moneys
deposited in the unreclaimed lands fund created by section 7,903
1513.30 of the Revised Code. All lands purchased or acquired 7,904
shall be deeded to the state, but no deed shall be accepted or 7,905
the purchase price paid until the title has been approved by the 7,906
attorney general.
Sec. 1513.21. From moneys appropriated for this purpose, 7,915
the chief of the division of mines and reclamation MINERAL 7,916
RESOURCES MANAGEMENT shall reclaim any land or tract of land 7,918
acquired pursuant to section 1513.20 of the Revised Code in such 7,919
manner that, after reclamation, such land or tract shall be 7,920
suitable for agriculture, forests, recreation, wildlife, water 7,921
conservation, or such other use as the chief may deem proper for 7,922
such land, or tract of land, in the light of the character of the 7,924
soil, the topography of the land or tract to be reclaimed and of
the surrounding lands, the proximity thereof to urban centers, 7,925
and the requirements of any applicable conservation program. 7,926
Sec. 1513.22. Before proceeding to reclaim any land or 7,935
tract of land acquired pursuant to section 1513.20 of the Revised 7,936
Code, the chief of the division of mines and reclamation MINERAL 7,937
RESOURCES MANAGEMENT shall determine the purpose or purposes for 7,938
which such land or tract should be devoted after reclamation and 7,939
shall develop a plan of reclamation for such land or tract 7,940
reasonably designed to accomplish such purpose or purposes and an 7,941
estimate of the cost thereof. When completed such plan shall be 7,942
submitted to the director of natural resources who may approve or 7,943
disapprove the same.
182
Sec. 1513.23. In determining the purpose or purposes for 7,952
which any land or tract of land should be devoted after 7,953
reclamation and in preparing a plan of reclamation, the chief of 7,954
the division of mines and reclamation MINERAL RESOURCES 7,955
MANAGEMENT may call to his THE CHIEF'S assistance, temporarily, 7,957
any engineers or other employees in any state department or in 7,958
the Ohio state university, or other educational institutions 7,959
financed wholly or in part by the state, for the purpose of
making studies, surveys, and maps and for the purpose of devising 7,961
the most effective and economical plan of reclamation. 7,962
Such engineers and employees shall not receive any 7,964
additional compensation other than that which they receive from 7,965
the department by which they are employed, but they shall be 7,966
reimbursed for their actual and necessary expenses incurred while 7,967
working under the direction of the chief of the division of mines 7,969
and reclamation.
Sec. 1513.24. After a plan of reclamation is approved by 7,978
the director of natural resources, the chief of the division of 7,980
mines and reclamation MINERAL RESOURCES MANAGEMENT, from any 7,981
moneys appropriated for the reclamation of strip mined lands, 7,983
shall proceed to carry out the plan.
With the approval of the director, the chief may carry out 7,985
any such plan or any part of such plan with the employees and 7,986
equipment of any division of the department of natural resources 7,987
or he THE CHIEF may carry out any such plan, or any part of such 7,988
plan by contracting therefor, provided that the chief shall not 7,990
enter into any contract, agreement, or understanding unless the 7,991
same is approved by the director. 7,992
Any such contract shall be entered into by the chief, with 7,994
the approval of the director, with persons who agree therein to 7,995
furnish any of the materials, equipment, or labor. Each such 7,996
contract shall be awarded by the chief to the lowest responsive 7,997
and responsible bidder, in accordance with section 9.312 of the 7,998
Revised Code, after sealed bids therefor are received, opened, 7,999
183
and published at the time and place fixed by the chief, and 8,000
notice of the time and place at which the sealed bids will be 8,001
received, opened, and published, has been published by the chief 8,002
at least once at least ten days before the opening of the bids in 8,003
a newspaper of general circulation in the county in which the 8,004
area of land to be reclaimed under the contract is located, 8,005
provided that if, after so advertising for bids for the contract, 8,006
no bids therefor are received by the chief at the time and place 8,007
fixed for receiving them, the chief may advertise again for such 8,008
bids, but he THE CHIEF is not required to do so, and he THE CHIEF 8,010
may, if he THE CHIEF considers the public interest will be best 8,011
served thereby, enter into a contract for the reclamation of the 8,012
land or tract without further advertisement for bids. The chief 8,013
may reject any or all bids received and fix and publish again 8,014
notice of the time and place at which bids for such contracts 8,015
will be received, opened, and published. 8,016
The chief shall require every contractor performing 8,018
reclamation work under this section to pay workers at the greater 8,019
of their rate of pay, as established by contract, agreement, or 8,020
prior custom or practice, or the average wage rate paid in this 8,021
state for the same or similar work as determined by the chief 8,022
under section 1513.02 of the Revised Code. 8,023
Sec. 1513.25. After completion of the reclamation of a 8,032
tract of land acquired pursuant to section 1513.20 of the Revised 8,033
Code, the chief of the division of mines and reclamation MINERAL 8,034
RESOURCES MANAGEMENT may, if the land is suitable to the uses of 8,036
any other department, division, office, or institution of the 8,037
state, transfer the land or tract to that department, division, 8,038
office, or institution, subject to the approval of the director 8,039
of natural resources.
With the approval of the attorney general and the director, 8,041
the chief may sell any such land or tract, after completion of 8,042
the plan of reclamation, when the sale is advantageous to the 8,043
state. 8,044
184
With the approval of the attorney general and the director, 8,046
the chief may grant easements and leases on the land or tract 8,047
under terms advantageous to the state, and may grant mineral 8,048
rights on a royalty basis. 8,049
All moneys received from the sale of reclaimed lands, or in 8,051
payment for easements, leases, or royalties, shall be paid to the 8,052
unreclaimed lands fund CREATED IN SECTION 1513.30 OF THE REVISED 8,053
CODE.
Sec. 1513.26. The chief of the division of mines and 8,062
reclamation MINERAL RESOURCES MANAGEMENT shall make an annual 8,063
report to the governor and to the general assembly. The report 8,064
shall identify each reclamation project, state the number of 8,065
acres reclaimed by the division or persons with whom it contracts 8,066
under sections 1513.20 to 1513.25 of the Revised Code, identify 8,067
the county in which the project is located, and make a detailed 8,068
accounting of expenditures.
Sec. 1513.27. As used in this section and sections 8,077
1513.28, 1513.30, 1513.31, and 1513.32 of the Revised Code, 8,078
"damage to adjacent property" means physical injury or harm to 8,079
nearby property caused by the unreclaimed condition of lands 8,080
mined prior to April 10, 1972, or pursuant to a license issued 8,081
prior to April 10, 1972, including, without limitation, injury or 8,082
harm to vegetation on adjacent property, pollution of surface or 8,083
underground waters on adjacent property, loss or interruption of 8,084
water supply on adjacent property, flow of acid water onto or 8,085
across adjacent property, flooding of adjacent property, 8,086
landslides onto or across adjacent property, erosion of adjacent 8,087
property, or deposition of sediment upon adjacent property. 8,088
Damage to adjacent property does not include any diminution of 8,089
the market value of adjacent property caused exclusively by the 8,090
visual or aesthetic appearance of such unreclaimed lands. 8,091
The chief of the division of mines and reclamation MINERAL 8,093
RESOURCES MANAGEMENT, with the approval of the director of 8,095
natural resources, may enter into a written agreement, which may 8,096
185
be in the form of a contract, with the owner of any unreclaimed 8,097
land affected by mining before April 10, 1972, or pursuant to a 8,098
license issued before April 10, 1972, that causes or may cause 8,099
pollution of the waters of the state or damage to adjacent 8,100
property, is not likely to be mined in the foreseeable future, 8,101
and lies within the boundaries of a project area approved by the 8,102
council on unreclaimed strip mined lands CREATED IN SECTION 8,103
1513.29 OF THE REVISED CODE, under which the state or its agents 8,104
may enter the land to reclaim it at state expense with moneys 8,105
from the unreclaimed lands fund created by section 1513.30 of the 8,106
Revised Code by establishing vegetative cover and substantially 8,107
reducing or eliminating erosion, sedimentation, landslides, 8,108
pollution, accumulation or discharge of acid water, flooding, and 8,109
damage to adjacent property. The agreement may include 8,110
provisions pertaining to liability for damages and any other 8,111
provisions necessary or desirable to achieve the purposes of this 8,112
section.
If the chief makes a finding of fact that land or water 8,114
resources have been adversely affected by past coal mining 8,115
practices; if the adverse effects are at a stage where, in the 8,116
public interest, action to restore, reclaim, abate, control, or 8,117
prevent the adverse effects should be taken; and if the owners of
the affected land or water resources either are not known or 8,118
readily available or will not give permission for the state, 8,119
political subdivisions, or their agents, employees, or 8,120
contractors to enter on the property to restore, reclaim, abate, 8,121
control, or prevent the adverse effects, the chief or the chief's 8,122
agents, employees, or contractors may enter on the affected 8,123
property in order to do all things necessary or expedient to 8,124
restore, reclaim, abate, control, or prevent the adverse effects. 8,125
Prior to entering on the property, the chief or the chief's 8,127
agents, employees, or contractors shall give notice by mail to 8,128
the owners, if known, or, if not known, by posting notice on the 8,129
premises and advertising once in a newspaper of general 8,130
186
circulation in the county or municipal corporation in which the 8,131
land lies. Such an entry shall be construed as an exercise of 8,132
the police power for the protection of public health, safety, and 8,133
welfare and shall not be construed as an act of condemnation of 8,134
property or of trespass. The moneys expended for the work and
the benefits accruing to any premises so entered upon shall be 8,136
chargeable against land and shall mitigate or offset any claim in 8,137
or any action brought by any owner of any interest in the
premises for any alleged damages by virtue of the entry. This 8,138
provision is not intended to create new rights of action or 8,139
eliminate existing immunities.
Each agreement entered into pursuant to this section shall 8,141
contain provisions for the reimbursement of a portion of the 8,142
costs of the reclamation that is commensurate with the increase 8,143
in the fair market value of the property attributable to the 8,144
reclamation work thereon, as determined by appraisals made before 8,145
and after reclamation in the manner stated in the agreement, 8,146
unless the determination discloses an increase in value that is 8,147
insubstantial. For reimbursement of the portion, the agreement 8,148
may include provisions for any of the following: 8,149
(A) Public use for soil, water, forest, or wildlife 8,151
conservation or public recreation purposes; 8,152
(B) Payment to the state of the share of the income from 8,154
the crops or timber produced on the land that is stated in the 8,155
agreement; 8,156
(C) Imposition of a lien in the amount of the increase in 8,158
fair market value payable upon transfer or conveyance of the 8,159
property to a new owner. All such reimbursements and payments 8,160
shall be credited to the unreclaimed lands fund. 8,161
(D) Payment to the state in cash of the amount of the 8,163
increase in fair market value, payable upon completion of the 8,164
reclamation. 8,165
For the purpose of selecting lands to be reclaimed within 8,167
the boundaries of approved project areas, the chief shall consult 8,168
187
the owners of unreclaimed lands, may consult with local 8,169
officials, civic and professional organizations, and interested 8,170
individuals, and shall consider the feasibility, cost, and public 8,171
benefits of reclaiming particular lands, their potential for 8,172
being mined, and the availability of federal or other assistance 8,173
for reclamation. Before entering into the agreement, the chief 8,174
shall prepare or approve a detailed plan with topographic maps 8,175
indicating the reclamation improvements to be made. The plan may 8,176
include improvements recommended by the owner, but may not 8,177
include improvements that the chief finds are not necessary to 8,178
establish vegetative cover or substantially reduce or eliminate 8,179
erosion, sedimentation, landslides, pollution, accumulation or 8,180
discharge of acid water, flooding, or damage to adjacent 8,181
property. 8,182
With the approval of the director and upon entering into 8,184
the agreement with the owner, the chief may carry out the plan of 8,185
reclamation or any part thereof with the employees and equipment 8,186
of any division of the department of natural resources, or the 8,187
chief may carry out the plan or any part thereof by contracting 8,189
therefor.
The chief, with the approval of the director and written 8,192
consent of the owner, may enter into a contract with an operator 8,193
mining adjacent land under a current, valid permit to carry out 8,194
the plan of reclamation on the unreclaimed land or any part of 8,195
the plan without advertising for bids. Contracts entered into 8,196
with operators mining adjacent land shall ARE not be subject to 8,197
division (B) of section 127.16 of the Revised Code.
The chief shall require every operator mining adjacent land 8,199
who performs reclamation work pursuant to this section to pay 8,200
workers at the greater of their regular rate of pay, as 8,201
established by contract, agreement, or prior custom or practice, 8,202
or the average wage rate paid in this state for the same or 8,203
similar work performed in the same or similar locality by private 8,204
companies doing their own reclamation work. Each contract 8,205
188
awarded by the chief to other than an operator mining adjacent 8,206
land shall be awarded to the lowest responsible bidder after 8,207
sealed bids are received, opened, and published at the time and 8,208
place fixed by the chief. The chief shall publish notice of the 8,209
time and place at which bids will be received, opened, and 8,210
published, at least once at least ten days before the date of the 8,211
opening of the bids, in a newspaper of general circulation in the 8,212
county in which the area of land to be reclaimed under the 8,213
contract is located. If, after so advertising for bids, no bids 8,214
are received by the chief at the time and place fixed for 8,215
receiving them, the chief may advertise again for bids, or, if 8,217
the chief considers the public interest will be best served, the 8,219
chief may enter into a contract for the reclamation of the area 8,220
of land without further advertisement for bids. The chief may 8,221
reject all bids received and again publish notice of the time and 8,222
place at which bids for contracts will be received, opened, and 8,223
published. The chief, with the approval of the director and 8,224
written consent of the owner, may enter into a contract with a 8,225
licensed mine operator mining adjacent land under a valid permit 8,226
to carry out the plan of reclamation on the unreclaimed land or 8,227
any part of the plan without advertising for bids. 8,228
Sec. 1513.28. The chief of the division of mines and 8,237
reclamation MINERAL RESOURCES MANAGEMENT, with the approval of 8,239
the director of natural resources, may make grants of moneys from 8,240
the unreclaimed lands fund created by section 1513.30 of the 8,241
Revised Code for the payment by the state of up to seventy-five 8,242
per cent of the reasonable and necessary reclamation expenses 8,243
incurred by the owner of any unreclaimed land affected by mining 8,244
before April 10, 1972, or pursuant to a license issued before 8,245
April 10, 1972, that causes or may cause pollution of the waters 8,246
of the state or damage to adjacent property, is not likely to be 8,247
mined in the foreseeable future, and lies within the boundaries 8,248
of a project area approved by the council on unreclaimed strip 8,249
mined lands CREATED IN SECTION 1513.29 OF THE REVISED CODE, in 8,250
189
accordance with a plan of reclamation approved by the chief. 8,252
The owner shall submit application for a grant on forms 8,254
furnished by the division, together with detailed plans and 8,255
topographic maps indicating the reclamation improvements to be 8,256
made, an itemized estimate of the project's cost, a description 8,257
of the project's benefits, and such other information as the 8,258
chief prescribes. The plan of reclamation may be prepared in 8,259
consultation with a local soil and water conservation district. 8,260
The chief may award the applicant a grant only after 8,262
finding that the proposed reclamation work will establish 8,264
vegetative cover and substantially reduce or eliminate erosion, 8,265
sedimentation, landslides, pollution, accumulation or discharge 8,266
of acid water, flooding, and damage to adjacent property. 8,267
For the purpose of establishing priorities for awarding 8,269
grants under this section and section 1513.31 of the Revised 8,270
Code, the chief shall consider each project's feasibility, cost, 8,271
and public benefits of reclaiming the particular land, its 8,272
potential for being mined, and the availability of federal or 8,273
other financial assistance for reclamation. 8,274
The chief shall determine the amount of a grant under this 8,276
section based upon the chief's determination of what constitutes 8,278
reasonable and necessary expenses actually incurred for 8,279
establishing vegetative cover, substantially reducing or 8,280
eliminating erosion, sedimentation, landslides, pollution, 8,281
accumulation or discharge of acid water, flooding, or damage to 8,282
adjacent property, and preparing the plan of reclamation. The 8,283
owner may elect to have other improvements made concurrently, but 8,284
in no event shall any part of the grant be made for such other 8,285
improvements, and in no event shall the amount of the grant 8,286
exceed seventy-five per cent of the total amount, determined by 8,287
the chief, of what constitutes reasonable and necessary expenses 8,288
actually incurred for the reclamation measures listed in this 8,289
section. 8,290
The chief shall enter into a contract for funding with each 8,292
190
applicant awarded a grant to ensure that the moneys granted are 8,293
used for the purposes of this section and that the reclamation 8,294
work is properly done. The final payment may not be made until 8,295
the chief inspects and approves the completed reclamation work. 8,296
Each such contract shall contain provisions for the 8,298
reimbursement of a portion of the costs of the reclamation that 8,299
is commensurate with the increase in the fair market value of the 8,300
property attributable to the reclamation work thereon, as 8,301
determined by appraisals made before and after reclamation in the 8,302
manner stated in the agreement, unless such determination 8,303
discloses an increase in value that is insubstantial in 8,304
comparison to the benefits to the public from the abatement of 8,305
pollution or prevention of damage to adjacent property, 8,306
considering the applicant's share of the reclamation cost. For 8,307
reimbursement of such portion, the contract may include 8,308
provisions for: 8,309
(A) Public use for soil, water, forest, or wildlife 8,311
conservation or public recreation purposes; 8,312
(B) Payment to the state of the share of the income from 8,314
the crops or timber produced on the land that is stated in the 8,315
agreement; 8,316
(C) Imposition of a lien in the amount of the increase in 8,318
fair market value payable upon transfer or conveyance of the 8,319
property to a new owner; 8,320
(D) Payment to the state in cash in the amount of the 8,322
increase in fair market value, payable upon completion of the 8,323
reclamation. 8,324
All such reimbursements and payments shall be credited to 8,326
the unreclaimed lands fund. 8,327
Not more than forty per cent of the money credited to the 8,329
fund during the preceding calendar year may be expended during a 8,330
calendar year for grants under this section. 8,331
The chief shall require every landowner performing 8,333
reclamation work pursuant to this section to pay workers at the 8,334
191
greater of their regular rate of pay, as established by contract, 8,335
agreement, or prior custom or practice, or the average wage rate 8,336
in this state for the same or similar work performed in the same 8,337
or similar locality by private companies doing their own 8,338
reclamation work. 8,339
Sec. 1513.29. There is hereby created the council on 8,348
unreclaimed strip mined lands. Its members are the chief of the 8,349
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 8,350
four persons appointed by the director of natural resources, two 8,352
members of the house of representatives appointed by the speaker 8,353
of the house of representatives, one member of the house of 8,354
representatives appointed by the minority leader of the house of 8,355
representatives, two members of the senate appointed by the 8,356
president of the senate, and one member of the senate appointed 8,357
by the minority leader of the senate.
Members who are members of the general assembly shall serve 8,359
terms of four years or until their legislative terms end, 8,360
whichever is sooner. Members appointed by the director shall 8,361
serve terms of four years, except that the terms of the first 8,362
four members shall be for two and four years, as designated by 8,363
the director. Any vacancy in the office of a member of the 8,364
council shall be filled by the appointing authority for the 8,365
unexpired term of the member whose office will be vacant. The 8,366
appointing authority may at any time remove a member of the 8,367
council for misfeasance, nonfeasance, malfeasance, or conflict of 8,368
interest in office. 8,369
The council shall hold at least four regular quarterly 8,371
meetings each year. Special meetings may be held at the call of 8,372
the chairperson or a majority of the members. The council shall 8,374
annually elect from among its members a chairperson, a 8,375
vice-chairperson, and a secretary to keep a record of its 8,377
proceedings.
The council shall gather information, study, and make 8,379
recommendations concerning the number of acres, location, 8,380
192
ownership, condition, environmental damage resulting from the 8,381
condition, cost of acquiring, reclaiming, and possible future 8,382
uses and value of eroded lands within the state, including land 8,383
affected by strip mining for which no cash is held in the strip 8,384
mining reclamation fund. 8,385
The council may employ such staff and hire such consultants 8,387
as necessary to perform its duties. Members appointed by the 8,388
director and, notwithstanding section 101.26 of the Revised Code, 8,389
members who are members of the general assembly, when engaged in 8,390
their official duties as members of the council, shall be 8,391
compensated on a per diem basis in accordance with division (J) 8,392
of section 124.15 of the Revised Code. Members shall be 8,393
reimbursed for their necessary expenses. Expenses incurred by 8,394
the council and compensation provided under this section shall be 8,396
paid by the chief of the division of mines and reclamation 8,397
MINERAL RESOURCES MANAGEMENT from the unreclaimed lands fund 8,400
created in section 1513.30 of the Revised Code.
The council shall report its findings and recommendations 8,402
to the governor and the general assembly not later than January 8,403
1, 1974, and biennially thereafter. 8,404
Sec. 1513.30. There is hereby created in the state 8,413
treasury the unreclaimed lands fund, to be administered by the 8,414
chief of the division of mines and reclamation MINERAL RESOURCES 8,415
MANAGEMENT and used for the purpose of reclaiming land, public or 8,417
private, affected by mining, or controlling mine drainage, for 8,418
which no cash is held in the reclamation forfeiture fund created 8,419
in section 1513.18 of the Revised Code or the surface mining 8,421
reclamation fund created in section 1514.06 of the Revised Code 8,422
and also for the purpose of paying the expenses and compensation 8,423
of the council on unreclaimed strip mined lands as required by 8,424
section 1513.29 of the Revised Code.
In order to direct expenditures from the unreclaimed lands 8,426
fund toward reclamation projects that fulfill priority needs and 8,427
provide the greatest public benefits, the chief periodically 8,429
193
shall submit to the council project proposals to be financed from 8,430
the unreclaimed lands fund, together with benefit and cost data 8,431
and other pertinent information. For the purpose of selecting 8,432
project areas and determining the boundaries of project areas, 8,433
the council shall consider the feasibility, cost, and public 8,434
benefits of reclaiming the areas, their potential for being 8,435
mined, the availability of federal or other financial assistance 8,436
for reclamation, and the geographic distribution of project areas 8,437
to ensure fair distribution among affected areas. 8,438
The council shall give priority to areas where there is 8,440
little or no likelihood of mining within the foreseeable future, 8,443
reclamation is feasible at reasonable cost with available funds, 8,444
and either of the following applies:
(A) The pollution of the waters of the state and damage to 8,446
adjacent property are most severe and widespread; 8,447
(B) Reclamation will make possible public uses for soil, 8,449
water, forest, or wildlife conservation or public recreation 8,450
purposes, will facilitate orderly commercial or industrial site 8,451
development, or will facilitate the use or improve the enjoyment 8,452
of nearby public conservation or recreation lands. 8,453
At least two weeks before any meeting of the council on 8,455
unreclaimed strip mined lands at which the chief will submit a 8,456
project proposal, a project area will be selected, or the 8,457
boundaries of a project area will be determined, the chief shall 8,458
mail notice by first class mail to the board of county 8,459
commissioners of the county and the board of township trustees of 8,460
the township in which the proposed project lies and the chief 8,461
executive and the legislative authority of each municipal 8,462
corporation within the proposed project area. The chief also 8,464
shall give reasonable notice to the news media in the county
where the proposed project lies. 8,465
Expenditures from the unreclaimed lands fund for 8,467
reclamation projects may be made only for projects that are 8,468
within the boundaries of project areas approved by the council, 8,469
194
and expenditures for a particular project may not exceed any 8,470
applicable limits set by the council. Expenditures from the 8,471
unreclaimed lands fund shall be made by the chief, with the 8,472
approval of the director of natural resources. 8,473
The controlling board may transfer excess funds from the 8,475
oil and gas well fund created in section 1509.02 of the Revised 8,476
Code, after recommendation by the council on unreclaimed strip 8,478
mined lands, to meet deficiencies in the unreclaimed lands fund. 8,479
The chief may expend an amount not to exceed twenty per 8,481
cent of the moneys credited annually by the treasurer of state to 8,482
the unreclaimed lands fund for the purpose of administering the 8,483
unreclaimed lands fund. 8,484
The chief may engage in cooperative projects under this 8,486
section with any agency of the United States, appropriate state 8,487
agencies, or state universities or colleges as defined in section 8,488
3345.27 of the Revised Code and may transfer money from the fund, 8,490
with the approval of the council, to other appropriate state 8,491
agencies or to state universities or colleges in order to carry 8,492
out the reclamation activities authorized by this section.
Sec. 1513.31. For the purpose of promoting local or 8,501
regional economic or community development, the chief of the 8,502
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 8,503
with the approval of the director of natural resources, may make 8,505
grants of money from the unreclaimed lands special account FUND 8,506
created by section 1513.30 of the Revised Code for the payment by 8,508
the state of up to seventy-five per cent of the reasonable and 8,509
necessary expenses incurred by a political subdivision, community 8,510
improvement corporation incorporated under Chapter 1724. of the 8,511
Revised Code, or other nonprofit corporation incorporated under 8,512
Chapter 1702. of the Revised Code for the reclamation of any 8,513
unreclaimed land affected by mining before April 10, 1972, or 8,514
pursuant to a license issued before April 10, 1972, that is owned 8,515
by the political subdivision or corporation, is to be reclaimed 8,516
for the purpose of commercial or industrial site development by 8,517
195
the political subdivision or corporation or the development of 8,518
recreational facilities by the political subdivision, and lies 8,519
within the boundaries of a project area approved by the council 8,520
on unreclaimed strip mined lands, in accordance with a plan of 8,522
reclamation approved by the chief.
The owner shall submit an application for a grant on forms 8,524
furnished by the division OF MINERAL RESOURCES MANAGEMENT 8,525
together with detailed plans and topographic maps indicating the 8,527
reclamation improvements to be made, an itemized estimate of the 8,528
project's cost, a description of the project's benefits, and such 8,529
other information as the chief prescribes. The chief may award 8,530
the applicant a grant only after finding that the proposed 8,531
reclamation work will render the unreclaimed land suitable for 8,533
commercial, industrial, or, if the land is owned by a political 8,534
subdivision, recreational site development and will substantially 8,535
reduce or eliminate the damage, if any, to adjacent property that 8,536
is or may be caused by the condition of the unreclaimed land. 8,537
The chief shall determine the amount of the grant based 8,539
upon the chief's determination of what constitutes reasonable and 8,541
necessary expenses actually incurred for preparing the plan of 8,542
reclamation; preparing the unreclaimed land for commercial, 8,543
industrial, or, in the case of land owned by a political 8,544
subdivision, recreational site development, including 8,545
backfilling, grading, resoiling, planting, or other work to 8,546
restore the land to a condition suitable for such development; 8,547
and, if the condition of the unreclaimed land so requires, 8,548
establishing vegetative cover or substantially reducing or 8,549
eliminating erosion, sedimentation, landslides, pollution, 8,550
accumulation or discharge of acid water, flooding, or damage to 8,551
adjacent property. The owner may have other improvements made 8,552
concurrently with the reclamation work, but shall not spend any 8,553
part of the grant for such other improvements. No grant shall 8,554
exceed seventy-five per cent of the total amount, as determined 8,555
by the chief, of what constitutes reasonable and necessary 8,556
196
expenses actually incurred for the reclamation measures listed in 8,557
this section. 8,558
The chief shall enter into a contract for funding with each 8,560
applicant awarded a grant in order to ensure that the moneys 8,561
granted are used for the purposes of this section and that the 8,562
reclamation work is properly done. The final payment under a 8,563
grant may not be made until the chief inspects and approves the 8,564
completed reclamation work. 8,565
Sec. 1513.32. For the purpose of promoting local or 8,574
regional economic or community development, the chief of the 8,575
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 8,576
with the approval of the director of natural resources, may enter 8,578
into a written agreement, which may be in the form of a contract, 8,579
with a political subdivision, community improvement corporation 8,580
incorporated under Chapter 1724. of the Revised Code, or other 8,581
nonprofit corporation incorporated under Chapter 1702. of the 8,582
Revised Code that owns any unreclaimed land affected by mining 8,583
before April 10, 1972, or pursuant to a license issued before 8,584
April 10, 1972, under which the state or its agents may enter 8,585
upon the land to reclaim it at state expense with moneys from the 8,586
unreclaimed lands fund created by section 1513.30 of the Revised 8,587
Code for the purpose of commercial or industrial site development 8,588
if the land is owned by a political subdivision or corporation or 8,589
the development of recreational facilities if the land is owned 8,590
by a political subdivision. The agreement may include provisions 8,591
pertaining to liability for damages and any other provisions 8,592
necessary or desirable to achieve the purposes of this section. 8,593
For the purpose of selecting lands to be reclaimed for 8,595
commercial, industrial, or, if the lands are owned by a political 8,596
subdivision, recreational site development, the chief shall 8,597
consult with the owners of unreclaimed lands and with local 8,598
officials, civic and professional organizations, and interested 8,599
individuals and shall consider the feasibility, cost, and public 8,600
benefits of reclaiming particular lands and the availability of 8,601
197
federal or other assistance for the reclamation. The chief shall 8,602
select for reclamation under this section only lands that lie 8,603
within the boundaries of a project area approved by the council 8,605
on unreclaimed strip mined lands. 8,606
Before entering into the agreement, the chief shall prepare 8,608
or approve a detailed plan with topographic maps indicating the 8,609
reclamation improvements to be made, an itemized estimate of the 8,610
project's cost, a description of the project's benefits, and such 8,611
other information as the chief considers appropriate. The plan 8,612
shall include only reclamation work that is necessary to render 8,613
the unreclaimed land suitable for commercial, industrial, or, if 8,614
the land is owned by a political subdivision, recreational site 8,615
development and will substantially reduce or eliminate the 8,616
damage, if any, to adjacent property that is or may be caused by 8,617
the condition of the unreclaimed land. The plan may include 8,618
improvements recommended by the owner, but may not include any 8,619
improvements that the chief finds are not necessary to prepare 8,620
the unreclaimed land for commercial, industrial, or, if the land 8,621
is owned by a political subdivision, recreational site 8,622
development, or if the condition of the unreclaimed land so 8,623
requires, are not necessary to establish vegetative cover or 8,624
substantially reduce or eliminate erosion, sedimentation, 8,625
landslides, pollution, accumulation or discharge of acid water, 8,626
flooding, or damage to adjacent property. 8,627
With the approval of the director and upon entering into an 8,629
agreement with the owner, the chief may carry out the plan of 8,630
reclamation or any part thereof with the employees or equipment 8,631
of the department, or the chief may carry out the plan or any 8,632
part thereof by contracting therefor in accordance with the 8,634
procedures prescribed in section 1513.27 of the Revised Code. 8,635
The chief shall keep an itemized record of the state's expense in 8,636
carrying out the plan. 8,637
Expenditure of not more than twenty per cent of the moneys 8,639
credited to the unreclaimed lands fund during the preceding 8,640
198
fiscal year may be approved by the council on unreclaimed strip 8,642
mined lands during a fiscal year for conducting reclamation 8,643
projects under this section and for making grants under section 8,644
1513.31 of the Revised Code, provided that such expenditures are 8,645
primarily for the pollution abatement purposes of section 1513.30 8,646
of the Revised Code. 8,647
Sec. 1513.33. The amount of any grant to a community 8,656
improvement corporation or nonprofit corporation made under 8,657
section 1513.31 of the Revised Code or the state's expenses 8,658
incurred in reclaiming unreclaimed land owned by a community 8,659
improvement corporation or nonprofit corporation under section 8,660
1513.32 of the Revised Code shall constitute a loan by the state 8,661
to the corporation. Entry into a grant contract under section 8,662
1513.31 of the Revised Code or into a reclamation agreement under 8,663
section 1513.32 of the Revised Code by the chief of the division 8,664
of mines and reclamation MINERAL RESOURCES MANAGEMENT constitutes 8,666
the designation of the community improvement corporation or 8,668
nonprofit corporation as the state's agent for the commercial or 8,669
industrial development of the land named in the contract or 8,670
agreement.
Each grant contract under section 1513.31 of the Revised 8,672
Code or reclamation agreement under section 1513.32 of the 8,673
Revised Code shall include terms for repayment of the grant or 8,674
reimbursement of the state for its reclamation expenses, which 8,675
shall require repayment of the loan in full upon the first sale, 8,676
lease, or rental of the land reclaimed under the contract or 8,677
agreement if the entire parcel of reclaimed land is sold, leased, 8,678
or rented. If the corporation establishes a business enterprise 8,679
on the entire parcel of reclaimed land, the contract shall 8,680
require repayment of the loan in full upon the commencement of 8,681
operation of the business enterprise. If the reclaimed land is 8,682
sold, leased, or rented in portions or the corporation 8,683
establishes a business enterprise on any portion of the reclaimed 8,684
land, the contract or agreement shall require repayment of that 8,685
199
portion of the loan that corresponds to the portion of the 8,686
reclaimed land sold, leased, or rented upon the first sale, 8,687
lease, or rental of that portion, or upon commencement of 8,688
operation of the business enterprise on that portion, by the 8,689
corporation in the proportion that the acreage of the reclaimed 8,690
land sold, leased, rented, or used in business by the corporation 8,691
bears to the total acreage of land reclaimed under the contract 8,692
or agreement. 8,693
To secure repayment of the moneys granted under section 8,695
1513.31 of the Revised Code or of the state's reclamation 8,696
expenses under section 1513.32 of the Revised Code to or on 8,697
behalf of a community improvement corporation or nonprofit 8,698
corporation, the state shall have a lien on the land owned by the 8,699
corporation that is land reclaimed under section 1513.31 or 8,700
1513.32 of the Revised Code equal to the amount of the grant made 8,701
under section 1513.31 of the Revised Code or to the state's 8,702
expenses incurred in reclaiming the land under section 1513.32 of 8,703
the Revised Code. Within thirty days after the final grant 8,704
payment is made under section 1513.31 of the Revised Code or 8,705
after the completion of the reclamation work under section 8,706
1513.32 of the Revised Code, the chief shall cause to be recorded 8,707
in the office of the county recorder of the county in which the 8,708
reclaimed land is located a statement that shall contain an 8,709
itemized accounting of the grant paid under section 1513.31 of 8,710
the Revised Code or an itemized record of the state's expenses 8,711
incurred in reclaiming the land under section 1513.32 of the 8,712
Revised Code. The statement shall constitute a notice of lien 8,713
and operate as of the date of delivery as a lien on the land 8,714
reclaimed in the amount of the grant moneys paid out or the 8,715
reclamation expenses incurred by the state and shall have 8,716
priority as a lien second only to the lien of real property taxes 8,717
imposed upon the land. The notice of lien and the lien shall not 8,719
be valid as against any mortgagee, pledgee, purchaser, or 8,720
judgment creditor whose rights have attached prior to the date of 8,721
200
filing of the statement by the chief or to any prior or 8,722
subsequent lien for real property taxes imposed pursuant to 8,723
section 5719.04 of the Revised Code.
The county recorder shall record and index the chief's 8,725
statement, under the name of the state and the corporation, in 8,726
the records of mechanic's liens maintained by the recorder's 8,727
office. The county recorder shall impose no charge for the 8,728
recording or indexing of the statement. If the land is 8,729
registered, the county recorder shall make a notation and enter a 8,731
memorial of the lien upon the page of the register in which the 8,732
last certificate of title to the land is registered, stating the 8,733
name of the claimant, amount claimed, volume and page of the 8,734
record where recorded, and exact time the memorial was entered. 8,735
The lien shall continue in force so long as any portion of 8,737
the amount granted under section 1513.31 of the Revised Code or 8,738
the state's reclamation expenses incurred under section 1513.32 8,739
of the Revised Code remains unpaid. Upon repayment in full of 8,740
those moneys or expenses, the chief promptly shall issue a 8,741
certificate of release of the lien. Upon presentation of the 8,742
certificate of release, the county recorder of the county where 8,743
the lien is recorded shall record the lien as having been 8,744
discharged.
A lien imposed under this section shall be foreclosed upon 8,746
the substantial failure of a corporation to repay any portion of 8,747
the amount granted under section 1513.31 of the Revised Code or 8,748
the state's reclamation expenses incurred under section 1513.32 8,749
of the Revised Code in accordance with the terms of the grant 8,750
contract or reclamation agreement. Before foreclosing any lien 8,751
under this section, the chief shall make a written demand upon 8,752
the corporation to comply with the repayment terms of the 8,753
contract or agreement. If the corporation does not pay the 8,754
amount due within sixty days, the chief shall refer the matter to 8,755
the attorney general, who shall institute a civil action to 8,756
foreclose the lien of the state. 8,757
201
All moneys collected from loan repayments and lien 8,759
foreclosures under this section shall be credited to the 8,760
unreclaimed lands fund created by section 1513.30 of the Revised 8,761
Code. 8,762
Sec. 1513.34. The chief of the division of mines and 8,771
reclamation MINERAL RESOURCES MANAGEMENT shall provide education 8,773
and training for inspection officers MINERAL RESOURCES 8,774
INSPECTORS, district supervisors, and enforcement personnel. The 8,775
chief shall provide adequate training and education as necessary 8,776
for all persons appointed as inspection officers MINERAL 8,777
RESOURCES INSPECTORS during their provisional status. The chief 8,778
shall provide, on a regular basis as funding allows, continuing 8,779
education and training as necessary for all inspection officers 8,780
MINERAL RESOURCES INSPECTORS, district supervisors, and 8,781
enforcement personnel.
Sec. 1513.35. (A) In addition to the other requirements 8,790
of Chapter 1513. of the Revised Code THIS CHAPTER, each permit 8,791
issued by the chief of the division of mines and reclamation 8,793
MINERAL RESOURCES MANAGEMENT under section 1513.07 of the Revised 8,795
Code for underground coal mining shall require the operator to: 8,796
(1) Implement measures consistent with known technology in 8,798
order to prevent subsidence from causing material damage to the 8,799
extent technologically and economically feasible, maximize mine 8,800
stability, and maintain the value and reasonably foreseeable use 8,801
of such surface lands, except in those instances where the mining 8,802
technology used requires planned subsidence in a predictable and 8,803
controlled manner. This section does not prohibit the standard 8,804
method of room and pillar mining. 8,805
(2) Seal all portals, entryways, drifts, shafts, or other 8,807
openings between the surface and underground mine workings when 8,808
no longer needed for mining operations; 8,809
(3) Fill or seal exploratory holes no longer necessary for 8,811
mining, maximizing to the extent technologically and economically 8,812
feasible the return of mining and processing waste, tailings, and 8,813
202
any other waste incident to the mining operation, to the mine 8,814
workings or excavations; 8,815
(4) With respect to the surface disposal of mine wastes, 8,817
tailings, coal processing wastes, and other wastes in areas other 8,818
than the mine workings or excavations, stabilize all surface 8,819
waste piles created by the operator from current operations 8,820
through construction in compacted layers, including the use of 8,821
noncombustible and impervious materials if necessary, and ensure 8,822
that the leachate will not degrade below water quality standards 8,823
established pursuant to applicable federal and state law surface 8,824
or ground waters, that the final contour of the waste pile will 8,825
be compatible with natural surroundings, and that the site is 8,826
stabilized and revegetated according to this section; 8,827
(5) Design, locate, construct, operate, maintain, enlarge, 8,829
modify, and remove or abandon, in accordance with rules adopted 8,830
by the chief, all existing and new coal mine waste piles 8,831
consisting of mine wastes, tailings, coal processing wastes, or 8,832
other liquid and solid wastes and used either temporarily or 8,833
permanently as dams or embankments; 8,834
(6) Establish on regraded areas and all other lands 8,836
affected, a diverse and permanent vegetative cover capable of 8,837
self-regeneration and plant succession and at least equal in 8,838
extent of cover to the natural vegetation of the area; 8,839
(7) Protect offsite areas from damage that may result from 8,841
such mining operations; 8,842
(8) Eliminate fire hazards and conditions that may 8,844
constitute a hazard to the health and safety of the public; 8,845
(9) Minimize the disturbances of the prevailing hydrologic 8,847
balance at the minesite and in associated offsite areas and to 8,848
the quantity of water in surface and ground water systems both 8,849
during and after coal mining operations and during reclamation 8,850
by: 8,851
(a) Avoiding acid or other toxic mine drainage by such 8,853
measures as, but not limited to: 8,854
203
(i) Preventing or removing water from contact with toxic 8,856
producing deposits; 8,857
(ii) Treating drainage to reduce toxic content that 8,859
adversely affects downstream water upon being released to water 8,860
courses; 8,861
(iii) Casing, sealing, or otherwise managing boreholes, 8,863
shafts, and wells to keep acid or other toxic drainage from 8,864
entering ground and surface waters. 8,865
(b) Conducting coal mining operations so as to prevent, to 8,867
the extent possible using the best technology currently 8,868
available, additional contributions of suspended solids to 8,869
streamflow or runoff outside the permit area, but in no event 8,870
shall such contributions be in excess of requirements set by 8,871
applicable state or federal law, and avoiding channel deepening 8,872
or enlargement in operations requiring the discharge of water 8,873
from mines. 8,874
(10) With respect to other surface impacts not specified 8,876
in this division, including the construction of new roads or in 8,877
improvement or use of existing roads for hauling or to gain 8,878
access to the site, repair areas, storage areas, processing 8,879
areas, shipping areas, or other areas upon which are sited 8,880
structures, facilities, or other property or materials on the 8,881
surface, resulting from or incident to such activities, operate 8,882
in accordance with the standards established under section 8,883
1513.16 of the Revised Code for such effects that result from 8,884
coal mining operations. The chief shall make such modifications 8,885
in the requirements imposed by this division as are necessary to 8,886
accommodate the difference between strip and underground coal 8,887
mining. 8,888
(11) Minimize disturbances and adverse impacts of the 8,890
operation on wildlife, fish, and related environmental values, 8,891
and achieve enhancement of such resources where practicable, to 8,892
the extent possible using the best currently available 8,893
technology; 8,894
204
(12) Locate openings for all new drift mines working 8,896
acid-producing or iron-producing coal seams in such a manner so 8,897
as to prevent a gravity discharge of water from the mine in 8,898
accordance with rules adopted by the chief. 8,899
(B) In order to protect the stability of the land, the 8,901
chief shall suspend underground coal mining under urbanized 8,902
areas, municipal corporations, or unincorporated communities or 8,903
adjacent to industrial or commercial buildings, major 8,904
impoundments, or permanent streams, if he THE CHIEF finds 8,905
imminent danger to inhabitants of the urbanized areas, municipal 8,906
corporations, and unincorporated communities. 8,907
(C) The provisions of Chapter 1513. of the Revised Code 8,909
shall be THIS CHAPTER IS applicable to surface operations and 8,910
surface impacts incident to an underground coal mine with 8,912
modifications as are necessary to accommodate the difference 8,913
between surface coal mining and underground coal mining. The 8,914
chief shall adopt the modifications by rule in accordance with 8,915
section 1513.02 and Chapter 119. of the Revised Code. 8,916
Sec. 1513.36. In order to encourage advances in mining and 8,925
reclamation practices or to allow post-mining land use for 8,926
industrial, commercial, residential, agricultural, or public use, 8,927
including recreational facilities, the chief of the division of 8,928
mines and reclamation MINERAL RESOURCES MANAGEMENT, with approval 8,929
by the secretary of the United States department of the interior, 8,931
may authorize departures in individual cases on an experimental 8,932
basis from the environmental performance standards set forth in 8,933
this chapter. Such departures may be authorized if: 8,934
(A) The experimental practices are potentially more or at 8,936
least as environmentally protective, during and after mining 8,937
operations, as those required under Chapter 1513. of the Revised 8,938
Code THIS CHAPTER and rules adopted thereunder; 8,939
(B) The mining operations approved for particular land use 8,941
or other purposes are not larger or more numerous than necessary 8,942
to determine the effectiveness and economic feasibility of the 8,943
205
experimental practice; 8,944
(C) The experimental practices do not reduce the 8,946
protection afforded public health and safety below that provided 8,947
under Chapter 1513. of the Revised Code THIS CHAPTER and rules 8,948
adopted thereunder. 8,950
Sec. 1513.37. (A) There is hereby created in the state 8,959
treasury the abandoned mine reclamation fund, which shall be 8,960
administered by the chief of the division of mines and 8,961
reclamation MINERAL RESOURCES MANAGEMENT. The fund shall consist 8,963
of grants from the secretary of the interior from the federal 8,964
abandoned mine reclamation fund established by Title IV of the 8,966
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 8,967
445, 30 U.S.C.A. 1201, regulations adopted under it, and 8,968
amendments to the act and regulations. Expenditures from the 8,970
abandoned mine reclamation fund shall be made by the chief for 8,971
the following purposes:
(1) Reclamation and restoration of land and water 8,973
resources adversely affected by past coal mining, including, but 8,974
not limited to, reclamation and restoration of abandoned strip 8,975
mine areas, abandoned coal processing areas, and abandoned coal 8,976
refuse disposal areas; sealing and filling of abandoned deep mine 8,977
entries and voids; planting of land adversely affected by past 8,978
coal mining; prevention of erosion and sedimentation; prevention, 8,979
abatement, treatment, and control of water pollution created by 8,980
coal mine drainage, including restoration of streambeds and 8,981
construction and operation of water treatment plants; prevention, 8,982
abatement, and control of burning coal refuse disposal areas and 8,983
burning coal in situ; and prevention, abatement, and control of 8,984
coal mine subsidence; 8,985
(2) Acquisition and filling of voids and sealing of 8,987
tunnels, shafts, and entryways of noncoal lands; 8,988
(3) Acquisition of land as provided for in this section; 8,990
(4) Administrative expenses incurred in accomplishing the 8,992
purposes of this section; 8,993
206
(5) All other necessary expenses to accomplish the 8,995
purposes of this section. 8,996
(B) Expenditures of moneys from the fund on land and water 8,998
eligible pursuant to division (C) of this section shall reflect 8,999
the following priorities in the order stated: 9,000
(1) The protection of public health, safety, general 9,002
welfare, and property from extreme danger of adverse effects of 9,003
coal mining practices; 9,004
(2) The protection of public health, safety, and general 9,006
welfare from adverse effects of coal mining practices; 9,007
(3) The restoration of land and water resources and the 9,009
environment previously degraded by adverse effects of coal mining 9,010
practices, including measures for the conservation and 9,011
development of soil and water (excluding channelization), 9,012
woodland, fish and wildlife, recreation resources, and 9,013
agricultural productivity; 9,014
(4) Research and demonstration projects relating to the 9,016
development of coal mining reclamation and water quality control 9,017
program methods and techniques; 9,018
(5) The protection, repair, replacement, construction, or 9,020
enhancement of public facilities such as utilities, roads, 9,021
recreation facilities, and conservation facilities adversely 9,022
affected by coal mining practices; 9,023
(6) The development of publicly owned land adversely 9,025
affected by coal mining practices, including land acquired as 9,026
provided in this section for recreation and historic purposes, 9,027
conservation and reclamation purposes, and open space benefits. 9,028
(C)(1) Lands and water eligible for reclamation or 9,030
drainage abatement expenditures under this section are those that 9,031
were mined for coal or were affected by such mining, wastebanks, 9,032
coal processing, or other coal mining processes and that meet one 9,033
of the following criteria: 9,034
(a) Are lands that were abandoned or left in an inadequate 9,037
reclamation status prior to August 3, 1977, and for which there 9,038
207
is no continuing reclamation responsibility under state or 9,039
federal laws;
(b) Are lands for which the chief finds that surface coal 9,041
mining operations occurred at any time between August 4, 1977, 9,042
and August 16, 1982, and that any moneys for reclamation or 9,043
abatement that are available pursuant to a bond or other form of 9,044
financial guarantee or from any other source are not sufficient
to provide for adequate reclamation or abatement at the site; 9,045
(c) Are lands for which the chief finds that surface coal 9,047
mining operations occurred at any time between August 4, 1977, 9,048
and November 5, 1990, that the surety of the mining operator 9,049
became insolvent during that time, and that, as of November 5, 9,050
1990, any moneys immediately available from proceedings relating 9,051
to that insolvency or from any financial guarantee or other 9,052
source are not sufficient to provide for adequate reclamation or 9,053
abatement at the site.
(2) In determining which sites to reclaim pursuant to 9,055
divisions (C)(1)(b) and (c) of this section, the chief shall 9,056
follow the priorities stated in divisions (B)(1) and (2) of this 9,057
section and shall ensure that priority is given to those sites 9,058
that are in the immediate vicinity of a residential area or that
have an adverse economic impact on a local community. 9,059
(3) Surface coal mining operations on lands eligible for 9,061
remining shall not affect the eligibility of those lands for 9,062
reclamation and restoration under this section after the release 9,063
of the bond for any such operation as provided under division (F) 9,064
of section 1513.16 of the Revised Code. If the bond for a
surface coal mining operation on lands eligible for remining is 9,065
forfeited, moneys available under this section may be used if the 9,066
amount of the bond is not sufficient to provide for adequate 9,067
reclamation or abatement, except that if conditions warrant, the 9,068
chief immediately shall exercise the authority granted under 9,069
division (L) of this section.
(D) The chief may submit to the secretary of the interior 9,071
208
a state reclamation plan and annual projects to carry out the 9,072
purposes of this section. 9,073
(1) The reclamation plan generally shall identify the 9,075
areas to be reclaimed, the purposes for which the reclamation is 9,076
proposed, the relationship of the lands to be reclaimed and the 9,077
proposed reclamation to surrounding areas, the specific criteria 9,078
for ranking and identifying projects to be funded, and the legal 9,079
authority and programmatic capability to perform the work in 9,081
accordance with this section. 9,082
(2) On an annual basis, the chief may submit to the 9,084
secretary an application for support of the abandoned mine 9,085
reclamation fund and implementation of specific reclamation 9,086
projects. The annual requests shall include such information as 9,087
may be requested by the secretary. 9,088
Before submitting an annual application to the secretary, 9,090
the chief first shall submit it to the council on unreclaimed 9,092
strip mined lands for review and approval by the council. The 9,093
chief shall not submit such an application to the secretary until 9,095
it has been approved by the council. The chief shall submit 9,096
applications for administrative costs, imminent hazards, or 9,097
emergency projects to the council for review. 9,098
(3) The costs for each proposed project under this section 9,100
shall include actual construction costs, actual operation and 9,101
maintenance costs of permanent facilities, planning and 9,102
engineering costs, construction inspection costs, and other 9,103
necessary administrative expenses. 9,104
(4) Before making any expenditure of funds from the fund 9,106
to implement any specific reclamation project under this section, 9,107
the chief first shall submit to the council a project proposal 9,109
and any other pertinent information regarding the project 9,110
requested by the council for review and approval of the specific 9,111
project by the council. 9,113
(5) The chief may submit annual and other reports required 9,116
by the secretary when funds are provided by the secretary under 9,117
209
Title IV of the "Surface Mining Control and Reclamation Act of 9,118
1977," 91 Stat. 445, 30 U.S.C.A. 1201, regulations adopted under 9,119
it, and amendments to the act and regulations. 9,120
(E)(1) There is hereby created in the state treasury the 9,122
acid mine drainage abatement and treatment fund, which shall be 9,123
administered by the chief. The fund shall consist of grants from 9,124
the secretary of the interior from the federal abandoned mine 9,125
reclamation fund pursuant to section 402(g)(6) of Title IV of the 9,127
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 9,128
445, 30 U.S.C.A. 1201. All investment earnings of the fund shall 9,129
be credited to the fund.
(2) The chief shall make expenditures from the fund, in 9,131
consultation with the United States department of agriculture, 9,133
soil conservation service, to implement acid mine drainage 9,134
abatement and treatment plans approved by the secretary. The 9,135
plans shall provide for the comprehensive abatement of the causes 9,137
and treatment of the effects of acid mine drainage within 9,138
qualified hydrologic units affected by coal mining practices and 9,139
shall include at least all of the following:
(a) An identification of the qualified hydrologic unit. 9,141
As used in division (E) of this section, "qualified hydrologic 9,143
unit" means a hydrologic unit that meets all of the following 9,144
criteria:
(i) The water quality in the unit has been significantly 9,146
affected by acid mine drainage from coal mining practices in a 9,148
manner that has an adverse impact on biological resources;. 9,149
(ii) The unit contains lands and waters that meet the 9,151
eligibility requirements established under division (C) of this 9,152
section and any of the priorities established in divisions (B)(1) 9,153
to (3) of this section;. 9,154
(iii) The unit contains lands and waters that are proposed 9,156
to be the subject of expenditures from the reclamation forfeiture 9,158
fund created in section 1513.18 of the Revised Code, the 9,159
reclamation supplemental forfeiture fund created in that section, 9,160
210
or the unreclaimed lands fund created in section 1513.30 of the 9,161
Revised Code.
(b) The extent to which acid mine drainage is affecting 9,163
the water quality and biological resources within the hydrologic 9,165
unit;
(c) An identification of the sources of acid mine drainage 9,167
within the hydrologic unit; 9,169
(d) An identification of individual projects and the 9,171
measures proposed to be undertaken to abate and treat the causes 9,173
or effects of acid mine drainage within the hydrologic unit; 9,174
(e) The cost of undertaking the proposed abatement and 9,176
treatment measures; 9,177
(f) An identification of existing and proposed sources of 9,179
funding for those measures; 9,181
(g) An analysis of the cost-effectiveness and 9,183
environmental benefits of abatement and treatment measures. 9,185
(3) The chief may make grants of moneys from the acid mine 9,188
drainage abatement and treatment fund to watershed groups for 9,189
conducting projects to accomplish the purposes of this section. 9,190
A grant may be made in an amount equal to not more than fifty per 9,191
cent of each of the following:
(a) Reasonable and necessary expenses for the collection 9,194
and analysis of data sufficient to do either or both of the 9,195
following:
(i) Identify a watershed as a qualified hydrologic unit; 9,198
(ii) Monitor the quality of water in a qualified 9,200
hydrologic unit before, during, and at any time after completion 9,201
of the project by the watershed group. 9,202
(b) Engineering design costs and construction costs 9,205
involved in the project, provided that the project is conducted 9,206
in a qualified hydrologic unit and the chief considers the 9,207
project to be a priority.
A watershed group that wishes to obtain a grant under 9,209
division (E)(3) of this section shall submit an application to 9,211
211
the chief on forms provided by the division of mines and 9,212
reclamation MINERAL RESOURCES MANAGEMENT, together with detailed 9,213
estimates and timetables for accomplishing the stated goals of 9,214
the project and any other information that the chief requires. 9,216
For the purposes of establishing priorities for awarding 9,218
grants under division (E)(3) of this section, the chief shall 9,220
consider each project's feasibility, cost-effectiveness, and 9,221
environmental benefit, together with the availability of matching 9,222
funding, including in-kind services, for the project. 9,223
The chief shall enter into a contract for funding with each 9,226
applicant awarded a grant to ensure that the moneys granted are 9,227
used for the purposes of this section and that the work that the 9,228
project involves is done properly. The contract is not subject 9,229
to division (B) of section 127.16 of the Revised Code. The final 9,231
payment of grant moneys shall not be made until the chief 9,232
inspects and approves the completed project. 9,233
The chief shall require each applicant awarded a grant 9,235
under this section who conducts a project involving construction 9,236
work to pay workers at the greater of their regular rate of pay, 9,237
as established by contract, agreement, or prior custom or 9,238
practice, or the average wage rate paid in this state for the 9,239
same or similar work performed in the same or a similar locality 9,240
by private companies doing similar work on similar projects. 9,242
As used in division (E)(3) of this section, "watershed 9,245
group" means a charitable organization as defined in section 9,246
1716.01 of the Revised Code that has been established for the 9,248
purpose of conducting reclamation of land and waters adversely 9,249
affected by coal mining practices and specifically for conducting 9,250
acid mine drainage abatement.
(F)(1) If the chief makes a finding of fact that land or 9,252
water resources have been adversely affected by past coal mining 9,253
practices; the adverse effects are at a stage where, in the 9,254
public interest, action to restore, reclaim, abate, control, or 9,255
prevent the adverse effects should be taken; the owners of the 9,256
212
land or water resources where entry must be made to restore, 9,257
reclaim, abate, control, or prevent the adverse effects of past 9,258
coal mining practices are not known or are not readily available; 9,259
or the owners will not give permission for the state, political 9,260
subdivisions, or their agents, employees, or contractors to enter 9,261
upon the property to restore, reclaim, abate, control, or prevent 9,262
the adverse effects of past coal mining practices; then, upon 9,263
giving notice by mail to the owners, if known, or, if not known, 9,264
by posting notice upon the premises and advertising once in a 9,265
newspaper of general circulation in the municipal corporation or 9,266
county in which the land lies, the chief or the chief's agents, 9,268
employees, or contractors may enter upon the property adversely 9,269
affected by past coal mining practices and any other property to 9,270
have access to the property to do all things necessary or 9,271
expedient to restore, reclaim, abate, control, or prevent the 9,272
adverse effects. The entry shall be construed as an exercise of 9,273
the police power for the protection of the public health, safety, 9,274
and general welfare and shall not be construed as an act of 9,275
condemnation of property nor of trespass on it. The moneys 9,277
expended for the work and the benefits accruing to any such 9,278
premises so entered upon shall be chargeable against the land and 9,279
shall mitigate or offset any claim in or any action brought by 9,280
any owner of any interest in the premises for any alleged damages 9,281
by virtue of the entry, but this provision is not intended to 9,282
create new rights of action or eliminate existing immunities. 9,283
(2) The chief or the chief's authorized representatives 9,285
may enter upon any property for the purpose of conducting studies 9,287
or exploratory work to determine the existence of adverse effects 9,288
of past coal mining practices and to determine the feasibility of 9,289
restoration, reclamation, abatement, control, or prevention of 9,290
such adverse effects. The entry shall be construed as an 9,291
exercise of the police power for the protection of the public 9,292
health, safety, and general welfare and shall not be construed as 9,293
an act of condemnation of property nor trespass on it. 9,294
213
(3) The chief may acquire any land by purchase, donation, 9,296
or condemnation that is adversely affected by past coal mining 9,297
practices if the chief determines that acquisition of the land is 9,298
necessary to successful reclamation and that all of the following 9,299
apply:
(a) The acquired land, after restoration, reclamation, 9,301
abatement, control, or prevention of the adverse effects of past 9,302
coal mining practices, will serve recreation and historic 9,303
purposes, serve conservation and reclamation purposes, or provide 9,304
open space benefits;. 9,305
(b) Permanent facilities such as a treatment plant or a 9,307
relocated stream channel will be constructed on the land for the 9,308
restoration, reclamation, abatement, control, or prevention of 9,309
the adverse effects of past coal mining practices;. 9,310
(c) Acquisition of coal refuse disposal sites and all coal 9,312
refuse thereon will serve the purposes of this section or that 9,313
public ownership is desirable to meet emergency situations and 9,314
prevent recurrences of the adverse effects of past coal mining 9,315
practices. 9,316
(4)(a) Title to all lands acquired pursuant to this 9,318
section shall be in the name of the state. The price paid for 9,319
land acquired under this section shall reflect the market value 9,320
of the land as adversely affected by past coal mining practices. 9,321
(b) The chief may receive grants on a matching basis from 9,323
the secretary of the interior for the purpose of carrying out 9,324
this section. 9,325
(5)(a) Where land acquired pursuant to this section is 9,327
considered to be suitable for industrial, commercial, 9,328
residential, or recreational development, the chief may sell the 9,329
land by public sale under a system of competitive bidding at not 9,330
less than fair market value and under other requirements imposed 9,332
by rule to ensure that the lands are put to proper use consistent 9,333
with local and state land use plans, if any, as determined by the 9,334
chief.
214
(b) The chief, when requested, and after appropriate 9,336
public notice, shall hold a public meeting in the county, 9,337
counties, or other appropriate political subdivisions of the 9,338
state in which lands acquired pursuant to this section are 9,339
located. The meetings shall be held at a time that shall afford 9,341
local citizens and governments the maximum opportunity to 9,342
participate in the decision concerning the use or disposition of 9,343
the lands after restoration, reclamation, abatement, control, or 9,344
prevention of the adverse effects of past coal mining practices. 9,345
(6) In addition to the authority to acquire land under 9,347
division (F)(3) of this section, the chief may use money in the 9,348
fund to acquire land by purchase, donation, or condemnation, and 9,349
to reclaim and transfer acquired land to a political subdivision, 9,350
or to any person, if the chief determines that it is an integral 9,352
and necessary element of an economically feasible plan for the 9,353
construction or rehabilitation of housing for persons disabled as 9,354
the result of employment in the mines or work incidental to that 9,356
employment, persons displaced by acquisition of land pursuant to
this section, persons dislocated as the result of adverse effects 9,357
of coal mining practices that constitute an emergency as provided 9,358
in the "Surface Mining Control and Reclamation Act of 1977," 91 9,359
Stat. 466, 30 U.S.C.A. 1240, or amendments to it, or persons 9,361
dislocated as the result of natural disasters or catastrophic 9,362
failures from any cause. Such activities shall be accomplished 9,363
under such terms and conditions as the chief requires, which may 9,364
include transfers of land with or without monetary consideration, 9,365
except that to the extent that the consideration is below the 9,366
fair market value of the land transferred, no portion of the 9,367
difference between the fair market value and the consideration 9,368
shall accrue as a profit to those persons. No part of the funds 9,369
provided under this section may be used to pay the actual 9,370
construction costs of housing. The chief may carry out the 9,371
purposes of division (F)(6) of this section directly or by making 9,373
grants and commitments for grants and may advance money under 9,374
215
such terms and conditions as the chief may require to any agency 9,375
or instrumentality of the state or any public body or nonprofit 9,377
organization designated by the chief. 9,378
(G)(1) Within six months after the completion of projects 9,380
to restore, reclaim, abate, control, or prevent adverse effects 9,381
of past coal mining practices on privately owned land, the chief 9,382
shall itemize the moneys so expended and may file a statement of 9,384
the expenditures in the office of the county recorder of the 9,385
county in which the land lies, together with a notarized 9,386
appraisal by an independent appraiser of the value of the land 9,387
before the restoration, reclamation, abatement, control, or 9,388
prevention of adverse effects of past coal mining practices if 9,389
the moneys so expended result in a significant increase in 9,390
property value. The statement shall constitute a lien upon the 9,391
land as of the date of the expenditures of the moneys and shall 9,392
have priority as a lien second only to the lien of real property 9,393
taxes imposed upon the land. The lien shall not exceed the 9,394
amount determined by the appraisal to be the increase in the fair 9,395
market value of the land as a result of the restoration, 9,396
reclamation, abatement, control, or prevention of the adverse 9,397
effects of past coal mining practices. No lien shall be filed 9,398
under division (G) of this section against the property of any 9,400
person who owned the surface prior to May 2, 1977, and did not 9,401
consent to, participate in, or exercise control over the mining 9,402
operation that necessitated the reclamation performed.
(2) The landowner may petition, within sixty days after 9,404
the filing of the lien, to determine the increase in the fair 9,405
market value of the land as a result of the restoration, 9,406
reclamation, abatement, control, or prevention of the adverse 9,407
effects of past coal mining practices. The amount reported to be 9,408
the increase in value of the premises shall constitute the amount 9,409
of the lien and shall be recorded with the statement provided in 9,410
this section. Any party aggrieved by the decision may appeal as 9,411
provided by state law. 9,412
216
(3) The lien provided in division (G) of this section 9,415
shall be recorded and indexed, under the name of the state and 9,416
the landowner, in a lien index in the office of the county 9,417
recorder of the county in which the land lies. The county 9,418
recorder shall impose no charge for the recording or indexing of 9,419
the lien. If the land is registered, the county recorder shall 9,420
make a notation and enter a memorial of the lien upon the page of 9,421
the register in which the last certificate of title to the land 9,422
is registered, stating the name of the claimant, amount claimed, 9,423
volume and page of the record where recorded, and exact time the 9,424
memorial was entered.
(4) The lien shall continue in force so long as any 9,426
portion of the amount of the lien remains unpaid. If the lien 9,427
remains unpaid at the time of conveyance of the land on which the 9,428
lien was placed, the conveyance may be set aside. Upon repayment 9,429
in full of the moneys expended under this section, the chief 9,431
promptly shall issue a certificate of release of the lien. Upon 9,432
presentation of the certificate of release, the county recorder 9,433
of the county in which the lien is recorded shall record the lien 9,434
as having been discharged.
(5) A lien imposed under this section shall be foreclosed 9,436
upon the substantial failure of a landowner to pay any portion of 9,437
the amount of the lien. Before foreclosing any lien under this 9,438
section, the chief shall make a written demand upon the landowner 9,439
for payment. If the landowner does not pay the amount due within 9,440
sixty days, the chief shall refer the matter to the attorney 9,441
general, who shall institute a civil action to foreclose the
lien.
(H)(1) The chief may fill voids, seal abandoned tunnels, 9,444
shafts, and entryways, and reclaim surface impacts of underground 9,445
or strip mines that the chief determines could endanger life and 9,447
property, constitute a hazard to the public health and safety, or 9,448
degrade the environment.
(2) In those instances where mine waste piles are being 9,450
217
reworked for conservation purposes, the incremental costs of 9,451
disposing of the wastes from those operations by filling voids 9,452
and sealing tunnels may be eligible for funding, provided that 9,453
the disposal of these wastes meets the purposes of this section. 9,454
(3) The chief may acquire by purchase, donation, easement, 9,456
or otherwise such interest in land as the chief determines 9,457
necessary to carry out division (H) of this section. 9,459
(I) The chief shall report annually to the secretary of 9,462
the interior on operations under the fund and include 9,463
recommendations as to its future uses. 9,464
(J)(1) The chief may engage in any work and do all things 9,466
necessary or expedient, including the adoption of rules, to 9,467
implement and administer this section. 9,468
(2) The chief may engage in cooperative projects under 9,470
this section with any agency of the United States, any other 9,471
state, or their governmental agencies or with any state 9,472
university or college as defined in section 3345.27 of the 9,473
Revised Code. The cooperative projects are not subject to 9,474
division (B) of section 127.16 of the Revised Code.
(3) The chief may request the attorney general to initiate 9,476
in any court of competent jurisdiction an action in equity for an 9,477
injunction to restrain any interference with the exercise of the 9,478
right to enter or to conduct any work provided in this section, 9,479
which remedy is in addition to any other remedy available under 9,480
this section. 9,481
(4) The chief may construct or operate a plant or plants 9,483
for the control and treatment of water pollution resulting from 9,484
mine drainage. The extent of this control and treatment may be 9,485
dependent upon the ultimate use of the water. Division (J)(4) of 9,486
this section does not repeal or supersede any portion of the 9,487
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33 9,488
U.S.C.A. 1151, as amended, and no control or treatment under 9,489
division (J)(4) of this section, in any way, shall be less than 9,490
that required by that act. The construction of a plant or plants 9,491
218
may include major interceptors and other facilities appurtenant 9,492
to the plant. 9,493
(5) The chief may transfer money from the abandoned mine 9,495
reclamation fund and the acid mine drainage abatement and 9,497
treatment fund to other appropriate state agencies or to state 9,498
universities or colleges in order to carry out the reclamation 9,499
activities authorized by this section. 9,500
(K) The chief may contract for any part of work to be 9,502
performed under this section, with or without advertising for 9,503
bids, if the chief determines that a condition exists that could 9,505
reasonably be expected to cause substantial physical harm to 9,506
persons, property, or the environment and to which persons or 9,507
improvements on real property are currently exposed. 9,508
The chief shall require every contractor performing 9,510
reclamation work under this section to pay its workers at the 9,511
greater of their regular rate of pay, as established by contract, 9,512
agreement, or prior custom or practice, or the average wage rate 9,513
paid in this state for the same or similar work as determined by 9,514
the chief under section 1513.02 of the Revised Code. 9,515
(L)(1) The chief may contract for the emergency 9,517
restoration, reclamation, abatement, control, or prevention of 9,518
adverse effects of mining practices on eligible lands if the 9,519
chief determines that an emergency exists constituting a danger 9,520
to the public health, safety, or welfare and that no other person 9,521
or agency will act expeditiously to restore, reclaim, abate, 9,522
control, or prevent those adverse effects. The chief may enter 9,523
into a contract for emergency work under division (L) of this 9,524
section without advertising for bids. Any such contract or any 9,525
purchase of materials for emergency work under division (L) of 9,526
this section is not subject to division (B) of section 127.16 of 9,528
the Revised Code.
(2) The chief or the chief's agents, employees, or 9,530
contractors may enter on any land where such an emergency exists, 9,532
and on other land in order to have access to that land, in order 9,533
219
to restore, reclaim, abate, control, or prevent the adverse 9,534
effects of mining practices and to do all things necessary or
expedient to protect the public health, safety, or welfare. Such 9,535
an entry shall be construed as an exercise of the police power 9,536
and shall not be construed as an act of condemnation of property 9,537
or of trespass. The moneys expended for the work and the 9,538
benefits accruing to any premises so entered upon shall be 9,539
chargeable against the land and shall mitigate or offset any
claim in or any action brought by any owner of any interest in 9,540
the premises for any alleged damages by virtue of the entry. 9,542
This provision is not intended to create new rights of action or 9,543
eliminate existing immunities.
Sec. 1513.39. (A) No person shall discharge, or in any 9,552
other way discriminate against or cause to be fired or 9,553
discriminated against, any employee or any authorized 9,554
representative of employees by reason of the fact that the 9,555
employee or representative has filed, instituted, or caused to be 9,556
filed or instituted any proceeding under this chapter or has 9,557
testified or is about to testify in any proceeding resulting from 9,558
the administration or enforcement of this chapter. 9,559
(B) Any employee or representative of employees who 9,561
believes that he THE EMPLOYEE OR REPRESENTATIVE has been fired or 9,563
otherwise discriminated against by any person in violation of
division (A) of this section may, within thirty days after the 9,564
alleged violation occurs, apply to the chief of the division of 9,565
mines and reclamation MINERAL RESOURCES MANAGEMENT for a review 9,567
of the firing or alleged discrimination. A copy of the
application shall be sent to the person or operator who will be 9,568
the respondent. Upon receipt of the application, the chief shall 9,569
cause such investigation to be made as he THE CHIEF considers 9,570
appropriate. The investigation shall provide an opportunity for 9,571
a public hearing at the request of any party to the review to 9,572
enable the parties to present information relating to the alleged 9,573
violation. The parties shall be given written notice of the time 9,574
220
and place of the hearing at least five days prior to the hearing. 9,575
Any such hearing shall be of record. Upon receiving the report 9,576
of the investigation the chief shall make findings of fact. If 9,577
he THE CHIEF finds that a violation did occur, he THE CHIEF shall 9,578
issue a decision incorporating therein his THE CHIEF'S findings 9,579
and an order requiring the party committing the violation to take 9,580
such affirmative action to abate the violation as the chief 9,582
considers appropriate, including, but not limited to, the 9,583
rehiring or reinstatement of the employee or representative of 9,584
employees to his THE EMPLOYEE'S OR REPRESENTATIVE'S former 9,586
position with compensation. If he THE CHIEF finds that there was 9,587
no violation, he THE CHIEF shall issue a finding to that effect. 9,588
Orders issued by the chief under this division shall be subject
to judicial review in the same manner as orders and decisions of 9,589
the chief are subject to judicial review under this chapter. 9,590
(C) Whenever an order is issued under this section to 9,592
abate any violation, at the request of the applicant, a sum equal 9,593
to the aggregate amount of all costs and expenses, including 9,594
attorney's fees, determined to have been necessary and reasonably 9,595
incurred by the applicant for, or in connection with, the 9,596
institution and prosecution of such proceedings, shall be 9,597
assessed against the persons committing the violation and may be 9,598
awarded in accordance with division (E) of section 1513.13 of the 9,599
Revised Code. 9,600
Sec. 1513.40. Whenever a corporate permittee violates a 9,609
condition of a permit issued pursuant to this chapter or fails or 9,610
refuses to comply with any order of the chief of the division of 9,611
mines and reclamation MINERAL RESOURCES MANAGEMENT or his THE 9,612
CHIEF'S representative, any director, officer, or agent of the 9,613
corporation who purposely authorized, ordered, or carried out 9,614
such violation, failure, or refusal shall be subject to the same 9,615
civil penalties, fines, and imprisonment that may be imposed upon 9,616
a person under this chapter.
Sec. 1513.41. When an inspection by the chief of the 9,625
221
division of mines and reclamation MINERAL RESOURCES MANAGEMENT or 9,626
his THE CHIEF'S representative results from information provided 9,628
by any person, the chief or his THE CHIEF'S representative shall 9,629
notify the person when the inspection is proposed to be carried 9,630
out and the person may accompany the chief or his THE CHIEF'S 9,631
representative during the inspection.
Sec. 1514.02. (A) After the dates the chief of the 9,640
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 9,641
prescribes by rule pursuant to section 1514.08 of the Revised 9,643
Code, but not later than July 1, 1977, nor earlier than July 1, 9,644
1975, no operator shall engage in surface mining or conduct a 9,645
surface mining operation without a permit issued by the chief. 9,646
An application for a permit shall be upon the form that the 9,648
chief prescribes and provides and shall contain all of the 9,649
following:
(1) The name and address of the applicant, of all partners 9,651
if the applicant is a partnership, or of all officers and 9,652
directors if the applicant is a corporation, and any other person 9,653
who has a right to control or in fact controls the management of 9,654
the applicant or the selection of officers, directors, or 9,655
managers of the applicant; 9,656
(2) A list of the minerals and coal, if any coal, sought 9,658
to be extracted, an estimate of the annual production rates for 9,659
each mineral and coal, and a description of the land upon which 9,660
the applicant proposes to engage in a surface mining operation, 9,661
which description shall set forth the name of the counties, 9,662
townships, and municipal corporations, if any, in which the land 9,663
is located; the location of its boundaries; and a description of 9,664
the land of sufficient certainty that it may be located and 9,665
distinguished from other lands; 9,666
(3) An estimate of the number of acres of land that will 9,668
comprise the total area of land to be affected and an estimate of 9,669
the number of acres of land to be affected during the first year 9,670
of operation under the permit; 9,671
222
(4) The name and address of the owner of surface rights in 9,673
the land upon which the applicant proposes to engage in surface 9,674
mining; 9,675
(5) A copy of the deed, lease, or other instrument that 9,677
authorizes entry upon the land by the applicant or the 9,678
applicant's agents if surface rights in the land are not owned by 9,680
the applicant;
(6) A statement of whether any surface mining permits or 9,682
coal mining and reclamation permits are now held by the applicant 9,683
in this state and, if so, the numbers of the permits; 9,684
(7) A statement of whether the applicant, any partner if 9,686
the applicant is a partnership, any officer or director if the 9,687
applicant is a corporation, or any other person who has a right 9,688
to control or in fact controls the management of the applicant or 9,689
the selection of officers, directors, or managers of the 9,690
applicant has ever had a surface mining permit or coal mining and 9,691
reclamation permit issued by this or any other state suspended or 9,692
revoked or has ever forfeited a surface mining or coal mining and 9,693
reclamation bond or cash, an irrevocable letter of credit, or a 9,694
security deposited in lieu of a bond; 9,695
(8) A report of the results of test borings that the 9,697
operator has conducted on the area or otherwise has readily 9,698
available, including, to the extent that the information is 9,699
readily available to the operator, the nature and depth of 9,700
overburden and material underlying each mineral or coal deposit, 9,701
and the thickness and extent of each mineral or coal deposit. 9,702
All information relating to test boring results submitted to the 9,703
chief pursuant to this section shall be kept confidential and not 9,704
made a matter of public record, except that the information may 9,706
be disclosed by the chief in any legal action in which the
truthfulness of the information is material. 9,707
(9) A complete plan for mining and reclamation of the area 9,709
to be affected, which shall include a statement of the intended 9,710
future uses of the area and show the approximate sequence in 9,711
223
which mining and reclamation measures are to occur, the 9,712
approximate intervals following mining during which the 9,713
reclamation of all various parts of the area affected will be 9,714
completed, and the measures the operator will perform to prevent 9,715
damage to adjoining property and to achieve all of the following 9,716
general performance standards for mining and reclamation: 9,717
(a) Prepare the site adequately for its intended future 9,719
uses upon completion of mining; 9,720
(b) Where a plan of zoning or other comprehensive plan has 9,722
been adopted that governs land uses or the construction of public 9,724
improvements and utilities for an area that includes the area 9,725
sought to be mined, ensure that future land uses within the site 9,726
will not conflict with the plan;
(c) Grade, contour, or terrace final slopes, wherever 9,728
needed, sufficient to achieve soil stability and control 9,729
landslides, erosion, and sedimentation. Highwalls will be 9,730
permitted if they are compatible with the future uses specified 9,731
in the plan and measures will be taken to ensure public safety. 9,732
Where ponds, impoundments, or other resulting bodies of water are 9,733
intended for recreational use, establish banks and slopes that 9,734
will ensure safe access to those bodies of water. Where such 9,735
bodies of water are not intended for recreation, include measures 9,736
to ensure public safety, but access need not be provided. 9,737
(d) Resoil the area of land affected, wherever needed, 9,739
with topsoil or suitable subsoil, fertilizer, lime, or soil 9,740
amendments, as appropriate, in sufficient quantity and depth to 9,741
raise and maintain a diverse growth of vegetation adequate to 9,742
bind the soil and control soil erosion and sedimentation; 9,743
(e) Establish a diverse vegetative cover of grass and 9,745
legumes or trees, grasses, and legumes capable of 9,746
self-regeneration and plant succession wherever required by the 9,747
plan; 9,748
(f) Remove or bury any metal, lumber, equipment, or other 9,750
refuse resulting from mining, and remove or bury any unwanted or 9,751
224
useless structures; 9,752
(g) Reestablish boundary, section corner, government, and 9,754
other survey monuments that were removed by the operator; 9,755
(h) During mining and reclamation, ensure that 9,757
contamination, resulting from mining, of underground water 9,758
supplies is prevented. Upon completion of reclamation, ensure 9,759
that any lake or pond located within the site boundaries is free 9,760
of substances resulting from mining in amounts or concentrations 9,761
that are harmful to persons, fish, waterfowl, or other beneficial 9,762
species of aquatic life. 9,763
(i) During mining and reclamation, control drainage so as 9,765
to prevent the causing of flooding, landslides, and flood hazards 9,766
to adjoining lands resulting from the mining operation. Leave 9,767
any ponds in such condition as to avoid their constituting a 9,768
hazard to adjoining lands. 9,769
(j) Ensure that mining and reclamation are carried out in 9,771
the sequence and manner set forth in the plan and that 9,772
reclamation measures are performed in a timely manner. All 9,773
reclamation of an area of land affected shall be completed no 9,774
later than three years following the mining of the area unless 9,775
the operator makes a showing satisfactory to the chief that the 9,776
future use of the area requires a longer period for completing 9,777
reclamation. 9,778
(k) During mining, store topsoil or fill in quantities 9,780
sufficient to complete the backfilling, grading, contouring, 9,781
terracing, and resoiling that is specified in the plan. 9,782
Stabilize the slopes of and plant each spoil bank to control soil 9,783
erosion and sedimentation wherever substantial damage to 9,784
adjoining property might occur. 9,785
(l) During mining, promptly remove, store, or cover any 9,787
coal, pyritic shale, or other acid producing materials in a 9,788
manner that will minimize acid drainage and the accumulation of 9,789
acid water; 9,790
(m) During mining, detonate explosives in a manner that 9,792
225
will prevent damage to adjoining property. 9,793
(10) For any applicant who intends to extract less than 9,795
ten thousand tons of minerals per year and no incidental coal, a 9,796
current tax map, in triplicate and notarized, and the appropriate 9,797
United States geological survey seven and one-half minute 9,798
topographic map. Each copy shall bear the applicant's name and 9,799
shall identify the area of land to be affected corresponding to 9,800
the application. 9,801
(11) For any applicant who intends to extract ten thousand 9,803
tons of minerals or more per year or who intends to extract any 9,804
incidental coal irrespective of the tonnage of minerals intended 9,805
to be mined, a map, in triplicate, on a scale of not more than 9,806
four hundred feet to the inch, or three copies of an enlarged 9,807
United States geological survey topographic map on a scale of not 9,808
more than four hundred feet to the inch. 9,809
The map shall comply with all of the following: 9,811
(a) Be prepared and certified by a professional engineer 9,814
or surveyor registered under Chapter 4733. of the Revised Code;
(b) Identify the area of land to be affected corresponding 9,816
to the application; 9,817
(c) Show the probable limits of subjacent and adjacent 9,819
deep, strip, or surface mining operations, whether active, 9,820
inactive, or mined out; 9,821
(d) Show the boundaries of the area of land to be affected 9,823
during the period of the permit and the area of land estimated to 9,824
be affected during the first year of operation, and name the 9,825
surface and mineral owners of record of the area and the owners 9,826
of record of adjoining surface properties; 9,827
(e) Show the names and locations of all streams, creeks, 9,829
or other bodies of water, roads, railroads, utility lines, 9,830
buildings, cemeteries, and oil and gas wells on the area of land 9,831
to be affected and within five hundred feet of the perimeter of 9,832
the area; 9,833
(f) Show the counties, municipal corporations, townships, 9,835
226
and sections in which the area of land to be affected is located; 9,836
(g) Show the drainage plan on, above, below, and away from 9,838
the area of land to be affected, indicating the directional flow 9,839
of water, constructed drainways, natural waterways used for 9,840
drainage, and the streams or tributaries receiving or to receive 9,841
this discharge; 9,842
(h) Show the location of available test boring holes that 9,844
the operator has conducted on the area of land to be affected or 9,845
otherwise has readily available; 9,846
(i) Show the date on which the map was prepared, the north 9,848
direction and the quadrangle sketch, and the exact location of 9,849
the operation; 9,850
(j) Show the type, kind, location, and references of all 9,852
existing boundary, section corner, government, and other survey 9,853
monuments within the area to be affected and within five hundred 9,854
feet of the perimeter of the area. 9,855
The certification of the maps shall read: "I, the 9,857
undersigned, hereby certify that this map is correct, and shows 9,858
to the best of my knowledge and belief all of the information 9,859
required by the surface mining laws of the state." The 9,860
certification shall be signed and attested before a notary 9,861
public. The chief may reject any map as incomplete if its 9,862
accuracy is not so certified and attested. 9,863
(12) A certificate of public liability insurance issued by 9,865
an insurance company authorized to do business in this state or 9,866
obtained pursuant to sections 3905.30 to 3905.35 of the Revised 9,867
Code covering all surface mining operations of the applicant in 9,868
this state and affording bodily injury and property damage 9,869
protection in amounts not less than the following: 9,870
(a) One hundred thousand dollars for all damages because 9,872
of bodily injury sustained by one person as the result of any one 9,873
occurrence, and three hundred thousand dollars for all damages 9,874
because of bodily injury sustained by two or more persons as the 9,875
result of any one occurrence; 9,876
227
(b) One hundred thousand dollars for all claims arising 9,878
out of damage to property as the result of any one occurrence, 9,879
with an aggregate limit of three hundred thousand dollars for all 9,880
property damage to which the policy applies. 9,881
(B) No permit application or amendment shall be approved 9,883
by the chief if the chief finds that the reclamation described in 9,885
the application will not be performed in full compliance with 9,886
this chapter or that there is not reasonable cause to believe 9,887
that reclamation as required by this chapter will be 9,888
accomplished.
The chief shall issue an order denying an application for 9,890
an operating permit or an amendment if the chief determines that 9,892
the measures set forth in the plan are likely to be inadequate to 9,893
prevent damage to adjoining property or to achieve one or more of 9,894
the performance standards required in division (A)(9) of this 9,895
section. 9,896
No permit application or amendment shall be approved to 9,898
surface mine land adjacent to a public road in violation of 9,899
section 1563.11 of the Revised Code. 9,900
To ensure adequate lateral support, no permit application 9,902
or amendment shall be approved to engage in surface mining on 9,903
land that is closer than fifty feet of horizontal distance to any 9,904
adjacent land or waters in which the operator making application 9,905
does not own the surface or mineral rights unless the owners of 9,906
the surface and mineral rights in and under the adjacent land or 9,907
waters consent in writing to surface mining closer than fifty 9,908
feet of horizontal distance. The consent, or a certified copy 9,909
thereof, shall be attached to the application as a part of the 9,910
permanent record of the application for a surface mining permit. 9,911
The chief shall issue an order granting a permit upon the 9,913
chief's approval of an application, as required by this section, 9,914
filing of the performance bond required by section 1514.04 of the 9,916
Revised Code, and payment of a permit fee in the amount of two 9,917
hundred fifty dollars and an acreage fee in the amount of thirty 9,918
228
dollars multiplied by the number of acres estimated in the 9,919
application that will comprise the area of land to be affected 9,920
within the first year of operation under the permit, but which 9,921
acreage fee shall not exceed one thousand dollars per year. 9,922
The chief may issue an order denying a permit if the chief 9,924
finds that the applicant, any partner if the applicant is a 9,926
partnership, any officer or director if the applicant is a 9,927
corporation, or any other person who has a right to control or in 9,928
fact controls the management of the applicant or the selection of 9,929
officers, directors, or managers of the applicant has 9,930
substantially or materially failed to comply or continues to fail 9,931
to comply with this chapter, which failure may consist of one or 9,932
more violations thereof, a rule adopted thereunder, or an order 9,933
of the chief or failure to perform reclamation as required by 9,934
this chapter. The chief may deny or revoke the permit of any 9,935
person who so violates or fails to comply or who purposely 9,936
misrepresents or omits any material fact in the application for 9,937
the permit or an amendment to a permit. 9,938
If the chief denies the permit, the chief shall state the 9,940
reasons for denial in the order denying the permit. 9,942
Each permit shall be issued upon condition that the 9,944
operator will comply with this chapter and perform the measures 9,946
set forth in the operator's plan of mining and reclamation in a 9,948
timely manner and upon the right of the chief, division MINERAL 9,949
RESOURCES inspectors, or other authorized representatives of the 9,950
chief to enter upon the premises of the operator at reasonable 9,951
times for the purposes of determining whether or not there is 9,952
compliance with this chapter. 9,953
(C) If the chief approves the application, the order 9,955
granting the permit shall authorize the person to whom the permit 9,956
is issued to engage as the operator of a surface mining operation 9,957
upon the land described in the permit during a period that shall 9,958
expire ten years after the date of issuance of the permit, or 9,959
upon the date when the chief, after inspection, orders the 9,960
229
release of any remaining performance bond deposited to assure 9,962
satisfactory performance of the reclamation measures required 9,963
pursuant to this chapter, whichever occurs earlier.
(D) Before an operator engages in a surface mining 9,965
operation on land not described in the operator's permit, but 9,967
that is contiguous to the land described in the operator's 9,968
permit, the operator shall file with the chief an application for 9,970
an amendment to the operator's permit. Before approving an 9,972
amendment, the chief shall require the information, maps, fees, 9,973
and performance bond as required for an original application 9,974
under this section and shall apply the same prohibitions and 9,975
restrictions applicable to land described in an original 9,976
application for a permit. If the chief disapproves the 9,977
amendment, the chief shall state the reasons for disapproval in 9,979
the order disapproving the amendment. Upon the approval of an 9,980
amendment by the chief, the operator shall be authorized to 9,981
engage in surface mining on the land described in the operator's 9,982
original permit plus the land described in the amendment until 9,984
the date when the permit expires, or when the chief, after
inspection, orders the release of any remaining performance bond 9,985
deposited to assure satisfactory performance of the reclamation 9,987
measures required pursuant to this chapter, whichever occurs 9,988
earlier.
(E) An operator, at any time and upon application therefor 9,990
and approval by the chief, may amend the plan of mining and 9,991
reclamation filed with the application for a permit in order to 9,992
change the reclamation measures to be performed, modify the 9,993
interval after mining within which reclamation measures will be 9,994
performed, change the sequence in which mining or reclamation 9,995
will occur at specific locations within the area affected, mine 9,996
acreage previously mined or reclaimed, or for any other purpose, 9,997
provided that the plan, as amended, includes measures that the 9,998
chief determines will be adequate to prevent damage to adjoining 9,999
property and to achieve the performance standards set forth in 10,000
230
division (A)(9) of this section. 10,001
The chief may propose one or more amendments to the plan in 10,003
writing, within ninety days after the fifth anniversary of the 10,004
date of issuance of the permit and upon a finding of any of the 10,005
following conditions after a complete review of the plan and 10,006
inspection of the area of land affected, and the plan shall be so 10,007
amended upon written concurrence in the findings and approval of 10,008
the amendments by the operator: 10,009
(1) An alternate measure, in lieu of one previously 10,011
approved in the plan, will more economically or effectively 10,012
achieve one or more of the performance standards. 10,013
(2) Developments in reclamation technology make an 10,015
alternate measure to achieve one or more of the performance 10,016
standards more economical, feasible, practical, or effective. 10,017
(3) Changes in the use or development of adjoining lands 10,019
require changes in the intended future uses of the area of land 10,020
affected in order to prevent damage to adjoining property. 10,021
(F) The chief shall issue an order granting or denying an 10,023
operating permit or amendment to a permit or approving or denying 10,024
an amendment to the operator's plan of mining and reclamation 10,025
within ninety days after the filing of an application therefor. 10,026
If the chief fails to act within that period with respect to a 10,027
surface mining operation that existed prior to the initial date 10,028
by which the chief requires a permit to be obtained, the operator 10,029
may continue the operation until the chief issues an order 10,030
denying a permit for the operation, and if the operator elects to 10,031
appeal the order pursuant to section 1513.13 of the Revised Code, 10,033
until the reclamation commission affirms the order of the chief 10,035
denying the permit, and if the operator elects to appeal the 10,036
order of the commission pursuant to section 1513.14 of the 10,037
Revised Code, until the court of common pleas affirms the order. 10,038
Sec. 1514.021. (A) A permit holder who wishes to continue 10,047
surface mining operations after the expiration date of the 10,048
existing permit or renewal permit shall file with the chief of 10,049
231
the division of mines and reclamation MINERAL RESOURCES 10,050
MANAGEMENT an application for renewal of a surface mining permit 10,052
or renewal permit at least ninety days before the expiration date 10,053
of the existing permit or renewal permit. The application shall 10,054
be upon the form that the chief prescribes and provides and shall 10,056
be accompanied by the permit fees required under division (B) of 10,057
section 1514.02 of the Revised Code. 10,058
(B) Upon receipt of an application for renewal and the 10,060
permit fee under division (A) of this section, the chief shall 10,061
notify the applicant to submit a map that is a composite of the 10,062
information required to be contained in the most recent annual 10,063
report map under section 1514.03 of the Revised Code and of all 10,064
surface mining and reclamation activities conducted under the 10,065
existing permit or renewal permit; the annual report required 10,066
under section 1514.03 of the Revised Code; and additional maps, 10,068
plans, and revised or updated information that the chief 10,069
determines to be necessary for permit renewal. Within sixty days 10,070
after receipt of this notification, the applicant shall submit 10,071
all the required information to the chief. 10,072
(C) Upon receipt of the information required under 10,074
division (B) of this section, the chief may approve the 10,075
application for renewal and issue an order granting a renewal 10,076
permit if the chief finds that both of the following apply: 10,077
(1) The permit holder's operation is in compliance with 10,079
this chapter, rules adopted and orders issued under it, and the 10,080
plan of mining and reclamation under the existing permit or 10,081
renewal permit; 10,082
(2) The permit holder has provided evidence that a 10,084
performance bond filed under section 1514.04 of the Revised Code 10,086
applicable to lands affected under the existing permit or renewal 10,087
permit will remain effective until released under section 1514.05 10,088
of the Revised Code. 10,089
(D) Within sixty days after receiving the information and 10,091
permit fees required under divisions (A) and (B) of this section, 10,092
232
the chief shall approve the application for renewal and issue an 10,093
order granting a renewal permit, issue an order denying the 10,094
application, or notify the applicant that the time limit for 10,095
issuing such an order has been extended. This extension of time 10,096
shall not exceed sixty days. 10,097
(E) If an applicant for a renewal permit has complied with 10,099
division (A) of this section, the applicant may continue surface 10,100
mining operations under the existing permit or renewal permit 10,101
after its expiration date until the sixty-day period for filing 10,102
the information required by the chief under division (B) of this 10,103
section has expired or until the chief issues an order under 10,104
division (D) of this section denying the renewal permit. 10,105
(F) A permit holder who fails to submit an application and 10,107
required permit fees within the time prescribed by division (A) 10,108
of this section shall cease surface mining operations on the 10,109
expiration date of the existing permit or renewal permit. If 10,110
such a permit holder then submits an application for renewal and 10,111
the permit fees otherwise required by division (A) of this 10,112
section on or before the thirtieth day after the expiration date 10,113
of the expired permit or renewal permit and provides the 10,114
information required by the chief under division (B) of this 10,115
section within sixty days after being notified of the information 10,116
required under that division, the permit holder need not submit 10,118
the final map and report required by section 1514.03 of the 10,119
Revised Code until the later of thirty days after the chief 10,120
issues an order denying the application for renewal or thirty 10,121
days after the chief's order is affirmed upon appeal under 10,122
section 1513.13 or 1513.14 of the Revised Code. An applicant 10,123
under this division who fails to provide the information required 10,124
by the chief under division (B) of this section within the 10,125
prescribed time period shall submit the final map and report 10,127
required by section 1514.03 of the Revised Code within thirty 10,128
days after the expiration of that prescribed period. 10,129
(G) If the chief issues an order denying an application 10,131
233
for renewal of a permit or renewal permit after the expiration 10,132
date of the permit, the permit holder shall cease surface mining 10,133
operations immediately and, within thirty days after the issuance 10,135
of the order, shall submit the final report and map required 10,136
under section 1514.03 of the Revised Code. The chief shall state 10,137
the reasons for denial in the order denying renewal of the 10,138
application. An applicant may appeal the chief's order denying 10,139
the renewal under section 1513.13 of the Revised Code and may 10,140
continue surface mining and reclamation operations under the 10,141
expired permit until the reclamation commission affirms the 10,143
chief's order under that section and, if the applicant elects to 10,146
appeal the order of the commission under section 1513.14 of the 10,148
Revised Code, until the court of appeals affirms the order. 10,149
(H) The approval of an application for renewal under this 10,151
section authorizes the continuation of the existing permit or 10,152
renewal permit for a term of ten years from the expiration date 10,153
of the existing permit. 10,154
(I) Any renewal permit is subject to all the requirements 10,156
of this chapter and rules adopted under it. 10,157
Sec. 1514.03. Within thirty days after each anniversary 10,166
date of issuance of a surface mining permit, the operator shall 10,167
file with the chief of the division of mines and reclamation 10,168
MINERAL RESOURCES MANAGEMENT an annual report, on a form 10,170
prescribed and furnished by the chief, that, for the period 10,171
covered by the report, shall state the amount of and identify the 10,172
types of minerals and coal, if any coal, produced and shall state 10,173
the number of acres affected and the number of acres estimated to 10,174
be affected during the next year of operation. An annual report 10,175
is not required to be filed if a final report is filed in lieu 10,176
thereof.
Each annual report shall include a progress map indicating 10,178
the location of areas of land affected during the period of the 10,179
report and the location of the area of land estimated to be 10,180
affected during the next year. The map shall be prepared in 10,181
234
accordance with division (A)(10) or (11) of section 1514.02 of 10,182
the Revised Code, as appropriate, except that a map prepared in 10,183
accordance with division (A)(11) of that section may be certified 10,185
by the operator or authorized agent of the operator in lieu of 10,186
certification by a professional engineer or surveyor registered 10,188
under Chapter 4733. of the Revised Code. However, the chief may 10,189
require that an annual progress map or a final map be prepared by 10,190
a registered professional engineer or registered surveyor if he 10,191
THE CHIEF has reason to believe that the operator exceeded the 10,193
boundaries of the permit area or, if the operator filed the map 10,194
required under division (A)(10) of section 1514.02 of the Revised 10,195
Code, that the operator extracted ten thousand tons or more of 10,196
minerals during the period covered by the report. 10,197
Each annual report shall be accompanied by a filing fee in 10,199
the amount of two hundred fifty dollars and an acreage fee in the 10,200
amount of thirty dollars multiplied by the number of acres 10,201
estimated in the report to be affected during the next year of 10,202
operation under the permit. The acreage fee shall be adjusted by 10,205
subtracting a credit of thirty dollars per excess acre paid for 10,206
the preceding year if the acreage paid for the preceding year
exceeds the acreage actually affected or by adding an additional 10,207
amount of thirty dollars per excess acre affected if the acreage 10,208
actually affected exceeds the acreage paid for the preceding 10,209
year. No acreage fee shall exceed one thousand dollars per year. 10,210
With each annual report the operator shall file a 10,212
performance bond in the amount of five hundred dollars multiplied 10,215
by the number of acres estimated to be affected during the next 10,216
year of operation under the permit for which no performance bond 10,217
previously was filed. The bond shall be adjusted by subtracting 10,219
a credit of five hundred dollars per excess acre for which bond 10,220
was filed for the preceding year if the acreage for which the 10,221
bond was filed for the preceding year exceeds the acreage 10,222
actually affected, or by adding an amount of five hundred dollars 10,223
per excess acre affected if the acreage actually affected exceeds 10,224
235
the acreage for which bond was filed for the preceding year. 10,225
Within thirty days after the expiration of the surface 10,227
mining permit, or completion or abandonment of the operation, 10,228
whichever occurs earlier, the operator shall submit a final 10,229
report containing the same information required in an annual 10,230
report, but covering the time from the last annual report to the 10,231
expiration of the permit, or completion or abandonment of the 10,232
operation, whichever occurs earlier. 10,233
Each final report shall include a map indicating the 10,235
location of the area of land affected during the period of the 10,236
report and the location of the total area of land affected under 10,237
the permit. The map shall be prepared in accordance with 10,238
division (A)(10) or (11) of section 1514.02 of the Revised Code, 10,239
as appropriate. 10,240
If the final report and certified map, as verified by the 10,242
chief, show that the number of acres affected under the permit is 10,243
larger than the number of acres for which the operator has paid 10,244
an acreage fee or filed a performance bond, upon notification by 10,247
the chief, the operator shall pay an additional acreage fee in 10,248
the amount of thirty dollars multiplied by the difference between 10,249
the number of acres affected under the permit and the number of 10,250
acres for which the operator has paid an acreage fee and shall 10,251
file an additional performance bond in the amount of five hundred 10,253
dollars multiplied by the difference between the number of acres 10,254
affected under the permit and the number of acres for which the 10,255
operator has filed bond. 10,256
If the final report and certified map, as verified by the 10,258
chief, show that the number of acres affected under the permit is 10,259
smaller than the number of acres for which the operator has paid 10,260
an acreage fee or filed a performance bond, the chief shall order 10,263
release of the excess acreage fee and the excess bond. However, 10,264
the chief shall retain a performance bond in a minimum amount of 10,266
two thousand dollars irrespective of the number of acres affected 10,267
under the permit. The release of the excess acreage fee shall be 10,268
236
in an amount equal to thirty dollars multiplied by the difference 10,269
between the number of acres affected under the permit and the 10,270
number of acres for which the operator has paid an acreage fee. 10,271
The release of the excess bond shall be in an amount equal to 10,273
five hundred dollars multiplied by the difference between the 10,274
number of acres affected under the permit and the number of acres 10,275
for which the operator has filed bond. Refunds of excess acreage 10,276
fees shall be paid by the treasurer of state out of the surface 10,277
mining reclamation fee fund, which is hereby created in the state 10,278
treasury. The treasurer of state shall place twenty thousand 10,279
dollars from the fees collected pursuant to sections 1514.02 and 10,280
1514.03 of the Revised Code in that fund and, as required by the 10,282
depletion thereof, place to the credit of the fund an amount 10,283
sufficient to make the total in the fund at the time of each such 10,284
credit twenty thousand dollars. The balance of the 10,285
THE fees collected pursuant to sections THIS SECTION AND 10,288
SECTION 1514.02 and 1514.03 of the Revised Code shall be 10,290
deposited with the treasurer of state to the credit of the 10,291
surface mining administration fund created under section 1514.11 10,292
1514.06 of the Revised Code.
If upon inspection the chief finds that any filing fee, 10,294
acreage fee, performance bond, or part thereof is not paid when 10,295
due or is paid on the basis of false or substantially inaccurate 10,296
reports, he THE CHIEF may request the attorney general to recover 10,297
the unpaid amounts that are due the state, and the attorney 10,299
general shall commence appropriate legal proceedings to recover 10,300
the unpaid amounts. 10,301
Sec. 1514.04. Upon receipt of notification from the chief 10,310
of the division of mines and reclamation MINERAL RESOURCES 10,311
MANAGEMENT of his THE CHIEF'S intent to issue an order granting a 10,314
surface mining permit to the applicant, the applicant shall file 10,315
a surety bond, cash, an irrevocable letter of credit, or 10,316
certificates of deposit in the amount of two thousand dollars, or 10,317
five hundred dollars per acre of land to be affected, whichever 10,318
237
is greater. Upon receipt of notification from the chief of his 10,319
THE CHIEF'S intent to issue an order granting an amendment to a 10,320
surface mining permit, the applicant shall file a surety bond, 10,321
cash, an irrevocable letter of credit, or certificates of deposit 10,322
in the amount of five hundred dollars per acre of land to be 10,324
affected.
In the case of a surface mining permit, the bond shall be 10,326
filed for the number of acres estimated to be affected during the 10,327
first year of operation under the permit. In the case of an 10,328
amendment to a surface mining permit, the bond shall be filed for 10,329
the number of acres estimated to be affected during the balance 10,330
of the period until the next anniversary date of the permit. 10,331
A surety bond filed pursuant to this section and sections 10,333
1514.02 and 1514.03 of the Revised Code shall be upon the form 10,334
that the chief prescribes and provides and shall be signed by the 10,335
operator as principal and by a surety company authorized to 10,336
transact business in the state as surety. The bond shall be 10,337
payable to the state and shall be conditioned upon the faithful 10,338
performance by the operator of all things to be done and 10,339
performed by him THE OPERATOR as provided in this chapter and the 10,341
rules and orders of the chief adopted or issued pursuant thereto. 10,342
The operator may deposit with the chief, in lieu of a 10,344
surety bond, cash in an amount equal to the surety bond as 10,345
prescribed in this section, an irrevocable letter of credit or 10,346
negotiable certificates of deposit issued by any bank organized 10,348
or transacting business in this state, or an irrevocable letter
of credit or certificates of deposit issued by any savings and 10,350
loan association as defined in section 1151.01 of the Revised 10,351
Code, having a cash value equal to or greater than the amount of 10,352
the surety bond as prescribed in this section. Cash or 10,353
certificates of deposit shall be deposited upon the same terms as 10,354
the terms upon which surety bonds may be deposited. If one or 10,355
more certificates of deposit are deposited with the chief in lieu 10,356
of surety bond, he THE CHIEF shall require the bank or savings 10,357
238
and loan association that issued any such certificate to pledge 10,359
securities of a cash value equal to the amount of the 10,360
certificate, or certificates, that is in excess of the amount 10,361
insured by the federal deposit insurance corporation. The 10,362
securities shall be security for the repayment of the certificate 10,363
of deposit.
Immediately upon a deposit of cash, a letter of credit, or 10,365
certificates with the chief, he THE CHIEF shall deliver it to the 10,367
treasurer of state who shall hold it in trust for the purposes 10,369
for which it has been deposited. The treasurer of state shall be 10,370
responsible for the safekeeping of such deposits. An operator 10,371
making a deposit of cash, a letter of credit, or certificates of 10,372
deposit may withdraw and receive from the treasurer of state, on 10,374
the written order of the chief, all or any part of the cash, 10,375
letter of credit, or certificates in the possession of the
treasurer of state, upon depositing with the treasurer of state 10,376
cash, an irrevocable letter of credit or negotiable certificates 10,377
of deposit issued by any bank organized or transacting business 10,379
in this state, or an irrevocable letter of credit or certificates 10,380
of deposit issued by any savings and loan association, equal in 10,381
value to the value of the cash, letter of credit, or certificates 10,382
withdrawn. An operator may demand and receive from the treasurer 10,384
of state all interest or other income from any certificates as it 10,385
becomes due. If certificates deposited with and in the 10,386
possession of the treasurer of state mature or are called for 10,387
payment by the issuer thereof, the treasurer of state, at the 10,388
request of the operator who deposited them, shall convert the 10,389
proceeds of the redemption or payment of the certificates into 10,390
such other negotiable certificates of deposit issued by any bank 10,391
organized or transacting business in this state, such other 10,392
certificates of deposit issued by any savings and loan 10,393
association, or cash, as may be designated by the operator. 10,394
Sec. 1514.05. (A) At any time within the period allowed 10,403
an operator by section 1514.02 of the Revised Code to reclaim an 10,404
239
area of land affected by surface mining, the operator may file a 10,405
request, on a form provided by the chief of the division of mines 10,407
and reclamation MINERAL RESOURCES MANAGEMENT, for inspection of 10,408
the area of land upon which the reclamation, other than any 10,409
required planting, is completed. The request shall include all 10,410
of the following:
(1) The location of the area and number of acres; 10,412
(2) The permit number; 10,414
(3) The amount of performance bond on deposit to ensure 10,416
reclamation of the area; 10,417
(4) A map showing the location of the acres reclaimed, 10,419
prepared and certified in accordance with division (A)(10) or 10,420
(11) of section 1514.02 of the Revised Code, as appropriate. 10,421
The chief shall make an inspection and evaluation of the 10,423
reclamation of the area of land for which the request was 10,424
submitted within ninety days after receipt of the request or, if 10,425
the operator fails to complete the reclamation or file the 10,426
request as required, as soon as the chief learns of the default. 10,427
Thereupon, if the chief approves the reclamation other than any 10,428
required planting as meeting the requirements of this chapter, 10,429
rules adopted thereunder, any orders issued during the mining or 10,430
reclamation, and the specifications of the plan for mining and 10,431
reclaiming, he THE CHIEF shall issue an order to the operator and 10,433
the operator's surety releasing them from liability for one-half 10,434
the total amount of their surety bond on deposit to ensure 10,435
reclamation for the area upon which reclamation is completed. If 10,436
the operator has deposited cash, an irrevocable letter of credit, 10,437
or certificates of deposit in lieu of a surety bond to ensure 10,439
reclamation, the chief shall issue an order to the operator 10,440
releasing one-half of the total amount so held and promptly shall 10,441
transmit a certified copy of the order to the treasurer of state. 10,442
Upon presentation of the order to the treasurer of state by the 10,443
operator to whom it was issued, or by the operator's authorized 10,444
agent, the treasurer of state shall deliver to the operator or 10,445
240
the operator's authorized agent the cash, irrevocable letter of 10,446
credit, or certificates of deposit designated in the order. 10,448
If the chief does not approve the reclamation other than 10,450
any required planting, he THE CHIEF shall notify the operator by 10,451
certified mail. The notice shall be an order stating the reasons 10,453
for unacceptability, ordering further actions to be taken, and 10,454
setting a time limit for compliance. If the operator does not 10,455
comply with the order within the time limit specified, the chief 10,456
may order an extension of time for compliance if he determines 10,457
AFTER DETERMINING that the operator's noncompliance is for good 10,458
cause, resulting from developments partially or wholly beyond the 10,459
operator's control. If the operator complies within the time 10,460
limit or the extension of time granted for compliance, the chief 10,461
shall order release of the performance bond in the same manner as 10,463
in the case of approval of reclamation other than planting by the 10,464
chief, and the treasurer of state shall proceed as in that case. 10,465
If the operator does not comply within the time limit and the 10,466
chief does not order an extension, or if the chief orders an 10,467
extension of time and the operator does not comply within the 10,468
extension of time granted for compliance, the chief shall issue 10,469
another order declaring that the operator has failed to reclaim 10,470
and, if the operator's permit has not already expired or been 10,471
revoked, revoking the operator's permit. The chief shall
thereupon proceed under division (C) of this section. 10,472
(B) At any time within the period allowed an operator by 10,474
section 1514.02 of the Revised Code to reclaim an area affected 10,475
by surface mining, the operator may file a request, on a form 10,476
provided by the chief, for inspection of the area of land upon 10,477
which all reclamation, including the successful establishment of 10,478
any required planting, is completed. The request shall include 10,479
all of the following: 10,480
(1) The location of the area and number of acres; 10,482
(2) The permit number; 10,484
(3) The remaining amount of performance bond on deposit to 10,487
241
ensure reclamation of the area;
(4) The type and date of any required planting of 10,489
vegetative cover and the degree of success of growth; 10,490
(5) A map showing the location of the acres reclaimed, 10,492
prepared and certified in accordance with division (A)(10) or 10,493
(11) of section 1514.02 of the Revised Code, as appropriate. 10,494
The chief shall make an inspection and evaluation of the 10,496
reclamation of the area of land for which the request was 10,497
submitted within ninety days after receipt of the request or, if 10,498
the operator fails to complete the reclamation or file the 10,499
request as required, as soon as the chief learns of the default. 10,500
Thereupon, if the chief finds that the reclamation meets the 10,501
requirements of this chapter, rules adopted thereunder, any 10,502
orders issued during the mining and reclamation, and the 10,503
specifications of the plan for mining and reclaiming and decides 10,504
to release any remaining performance bond on deposit to ensure 10,506
reclamation of the area upon which reclamation is completed, 10,507
within ten days of completing his THE inspection and evaluation, 10,508
he THE CHIEF shall order release of the remaining performance 10,510
bond in the same manner as in the case of approval of reclamation 10,511
other than planting, and the treasurer of state shall proceed as 10,512
in that case.
If the chief does not approve the reclamation performed by 10,514
the operator, he THE CHIEF shall notify the operator by certified 10,516
mail within ninety days of the filing of the application for 10,517
inspection or of the date when he THE CHIEF learns of the 10,518
default. The notice shall be an order stating the reasons for 10,520
unacceptability, ordering further actions to be taken, and 10,521
setting a time limit for compliance. If the operator does not 10,522
comply with the order within the time limit specified, the chief 10,523
may order an extension of time for compliance if he determines 10,524
AFTER DETERMINING that the operator's noncompliance is for good 10,526
cause, resulting from developments partially or wholly beyond the 10,527
operator's control. If the operator complies within the time 10,528
242
limit or the extension of time granted for compliance, the chief 10,529
shall order release of the remaining performance bond in the same 10,530
manner as in the case of approval of reclamation by the chief, 10,531
and the treasurer of state shall proceed as in that case. If the 10,532
operator does not comply within the time limit and the chief does 10,533
not order an extension, or if the chief orders an extension of 10,534
time and the operator does not comply within the extension of 10,535
time granted for compliance, the chief shall make another order 10,536
declaring that the operator has failed to reclaim and, if the 10,537
operator's permit has not already expired or been revoked, 10,538
revoking the operator's permit. The chief then shall proceed 10,539
under division (C) of this section. 10,540
(C) Upon issuing an order under division (A) or (B) of 10,542
this section declaring that the operator has failed to reclaim, 10,543
the chief shall make a finding as to the number and location of 10,544
the acres of land that the operator has failed to reclaim in the 10,546
manner required by this chapter. The chief shall order the
release of the performance bond in the amount of five hundred 10,548
dollars per acre for those acres that he THE CHIEF finds to have 10,550
been reclaimed in the manner required by this chapter. The 10,551
release shall be ordered in the same manner as in the case of 10,552
other approval of reclamation by the chief, and the treasurer of 10,553
state shall proceed as in that case. If the operator has on 10,554
deposit cash, an irrevocable letter of credit, or certificates of 10,555
deposit to ensure reclamation of the area of the land affected,
the chief at the same time shall issue an order declaring that 10,556
the remaining cash, irrevocable letter of credit, or certificates 10,558
of deposit is the property of the state and is available for use 10,559
by the chief in performing reclamation of the area and shall 10,560
proceed in accordance with section 1514.06 of the Revised Code. 10,561
If the operator has on deposit a surety bond to ensure 10,563
reclamation of the area of land affected, the chief shall notify 10,564
the surety in writing of the operator's default and shall request 10,565
the surety to perform the surety's obligation and that of the 10,566
243
operator. The surety, within ten days after receipt of the 10,568
notice, shall notify the chief as to whether it intends to
perform those obligations. 10,569
If the surety chooses to perform, it shall arrange for work 10,571
to begin within thirty days of the day on which it notifies the 10,572
chief of its decision. If the surety completes the work as 10,573
required by this chapter, the chief shall issue an order to the 10,574
surety releasing the surety from liability under the bond in the 10,575
same manner as if the surety were an operator proceeding under 10,576
this section. If, after the surety begins the work, the chief 10,577
determines that the surety is not carrying the work forward with 10,578
reasonable progress, or that it is improperly performing the 10,579
work, or that it has abandoned the work or otherwise failed to 10,580
perform its obligation and that of the operator, the chief shall 10,581
issue an order terminating the right of the surety to perform the 10,582
work and demanding payment of the amount due as required by this 10,583
chapter. 10,584
If the surety chooses not to perform and so notifies the 10,586
chief, does not respond to the chief's notice within ten days of 10,587
receipt thereof, or fails to begin work within thirty days of the 10,588
day it timely notifies the chief of its decision to perform its 10,589
obligation and that of the operator, the chief shall issue an 10,590
order terminating the right of the surety to perform the work and 10,591
demanding payment of the amount due, as required by this chapter. 10,592
Upon receipt of an order of the chief demanding payment of 10,594
the amount due, the surety immediately shall deposit with the 10,595
chief cash in the full amount due under the order for deposit 10,596
with the treasurer of state. If the surety fails to make an 10,597
immediate deposit, the chief shall certify it to the attorney 10,598
general for collection. When the chief has issued an order 10,599
terminating the right of the surety and has the cash on deposit, 10,600
the cash is the property of the state and is available for use by 10,602
the chief, who shall proceed in accordance with section 1514.06
of the Revised Code. 10,603
244
Sec. 1514.06. (A) There is hereby created in the state 10,612
treasury the surface mining reclamation fund. All cash that 10,613
becomes the property of the state pursuant to section 1514.05 of 10,614
the Revised Code shall be deposited in the fund, and expenditures 10,615
from the fund shall be made by the chief of the division of mines 10,617
and reclamation MINERAL RESOURCES MANAGEMENT only for the purpose 10,618
of reclaiming areas of land affected by surface mining operations 10,619
on which an operator has defaulted. 10,620
(B) Expenditures of moneys from the fund, except as 10,622
otherwise provided by this section, shall be made pursuant to 10,623
contracts entered into by the chief with persons who agree to 10,624
furnish all of the materials, equipment, work, and labor, as 10,625
specified and provided in the contracts, for the prices 10,626
stipulated therein. With the approval of the director of natural 10,627
resources, the chief may reclaim the land in the same manner as 10,628
he THE CHIEF required of the operator who defaulted. Each 10,630
contract awarded by the chief shall be awarded to the lowest 10,631
responsive and responsible bidder, in accordance with section 10,632
9.312 of the Revised Code, after sealed bids are received, 10,633
opened, and published at the time and place fixed by the chief. 10,634
The chief shall publish notice of the time and place at which 10,635
bids will be received, opened, and published, at least once at 10,636
least ten days before the date of the opening of the bids, in a 10,637
newspaper of general circulation in the county in which the area 10,638
of land to be reclaimed under the contract is located. If, after 10,639
so advertising for bids, no bids are received by the chief at the 10,640
time and place fixed for receiving them, the chief may advertise 10,641
again for bids, or, if he THE CHIEF considers the public interest 10,643
will be best served, he THE CHIEF may enter into a contract for 10,644
the reclamation of the area of land without further advertisement 10,647
for bids. The chief may reject any or all bids received and 10,648
again publish notice of the time and place at which bids for 10,649
contracts will be received, opened, and published. 10,650
(C) With the approval of the director, the chief, without 10,652
245
advertising for bids, may enter into a contract with the 10,654
landowner, a surface mine operator or coal mine operator mining 10,656
under a current, valid permit issued under this chapter or 10,658
Chapter 1513. of the Revised Code, or a contractor hired by a 10,659
surety to complete reclamation, to carry out reclamation on land 10,660
affected by surface mining operations on which an operator has 10,662
defaulted.
(D) With the approval of the director, the chief may carry 10,664
out all or part of the reclamation work on land affected by 10,666
surface mining operations on which the operator has defaulted 10,668
using the employees and equipment of any division of the 10,670
department of natural resources.
(E) The chief shall require every contractor performing 10,672
reclamation work under this section to pay workers at the greater 10,674
of their regular rate of pay, as established by contract, 10,676
agreement, or prior custom or practice, or the average wage rate 10,677
paid in this state for the same or similar work, as determined by 10,678
the chief under section 1513.02 of the Revised Code. 10,679
(F) Each contract entered into by the chief under this 10,681
section shall provide only for the reclamation of land affected 10,683
by the surface mining operation or operations of one operator and 10,684
not reclaimed by the operator as required by this chapter. If 10,685
there is money in the fund derived from the performance bond 10,686
deposited with the chief by one operator to ensure the 10,688
reclamation of two or more areas of land affected by the surface 10,689
mining operation or operations of one operator and not reclaimed 10,690
by him THE OPERATOR as required by this chapter, the chief may 10,692
award a single contract for the reclamation of all such areas of 10,693
land.
(G) The cost of the reclamation work done under this 10,695
section on each area of land affected by surface mining 10,696
operations on which an operator has defaulted shall be paid out 10,697
of the money in the fund derived from the performance bond that 10,699
was deposited with the chief to ensure the reclamation of that 10,700
246
area of land. If the amount of money is not sufficient to pay 10,701
the cost of doing all of the reclamation work on the area of land 10,702
that the operator should have done, but failed to do, the chief 10,704
may expend from the reclamation supplemental forfeiture fund 10,705
created in section 1513.18 of the Revised Code or the surface 10,706
mining administration fund created in THIS section 1514.11 of the 10,708
Revised Code the amount of money needed to complete reclamation 10,709
to the standards required by this chapter. The operator is 10,710
liable for that expense in addition to any other liabilities 10,711
imposed by law. At the request of the chief, the attorney 10,712
general shall bring an action against the operator for the amount 10,714
of the expenditures from either fund. Moneys so recovered shall 10,716
be deposited in the appropriate fund from which the expenditures 10,718
were made.
(H) If any part of the money in the surface mining 10,720
reclamation fund remains in the fund after the chief has caused 10,722
the area of land to be reclaimed and has paid all the reclamation 10,724
costs and expenses, or if any money remains because the area of 10,726
land has been repermitted under this chapter or reclaimed by a 10,727
person other than the chief, the chief may expend the remaining
money to complete other reclamation work performed under this 10,728
section.
Sec. 1514.07. Each order of the chief of the division of 10,737
mines and reclamation MINERAL RESOURCES MANAGEMENT affecting the 10,738
rights, duties, or privileges of an operator or his THE 10,740
OPERATOR'S surety or of an applicant for a permit or an amendment 10,742
to a permit or a plan shall be in writing and contain a finding 10,743
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 10,745
whose rights, duties, or privileges are affected.
If the chief finds that an operator has violated any 10,747
requirement of this chapter, failed to perform any measure set 10,748
forth in the approved plan of mining and reclamation that is 10,749
necessary to prevent damage to adjoining property or to achieve, 10,750
247
or has otherwise failed to achieve the performance standards of 10,751
division (A)(9) of section 1514.02 of the Revised Code, or caused 10,752
damage to adjoining property, the chief may issue orders 10,753
directing the operator to cease violation, perform such measures, 10,754
achieve such standards, or prevent or abate off-site damage. The 10,755
order shall identify the operation where the violation occurs, 10,756
the specific requirement violated, measure not performed, 10,757
standard not achieved, or off-site damage caused, and where 10,758
practicable prescribe what action the operator may take to comply 10,759
with the order. The chief shall fix and set forth in the order a 10,760
reasonable date or time by which the operator shall comply, and 10,761
the order shall state that the chief may revoke the operator's 10,762
permit if the order is not complied with by such date or time. 10,763
If upon such date or time the chief finds that the operator has 10,764
not complied with the order, he THE CHIEF may issue an order 10,765
revoking the operator's permit. 10,766
Sec. 1514.08. The chief of the division of mines and 10,775
reclamation MINERAL RESOURCES MANAGEMENT may adopt, amend, and 10,776
rescind rules in accordance with Chapter 119. of the Revised Code 10,777
in order to prescribe procedures for submitting applications for 10,779
permits, amendments to permits, and amendments to plans of mining 10,780
and reclamation; filing annual reports and final reports; 10,781
requesting inspection and approval of reclamation; paying permit 10,782
and filing fees; and filing and obtaining the release of 10,783
performance bonds deposited with the state. For the purpose of 10,785
preventing damage to adjoining property or achieving one or more 10,786
of the performance standards established in division (A)(9) of 10,787
section 1514.02 of the Revised Code, the chief may establish 10,788
classes of mining industries, based upon industrial categories, 10,789
combinations of minerals produced, and geological conditions in 10,790
which surface mining operations occur, and may prescribe 10,791
different rules consistent with the performance standards for 10,792
each class. For the purpose of apportioning the workload of the 10,793
division between OF MINERAL RESOURCES MANAGEMENT AMONG the 10,794
248
quarters of the year, the rules may require that applications for 10,795
permits and annual reports be filed in different quarters of the 10,796
year, depending upon the county in which the operation is 10,797
located.
Sec. 1514.10. No person shall: 10,806
(A) Engage in surface mining without a permit; 10,808
(B) Exceed the limits of a surface mining permit or 10,810
amendment to a permit by mining land contiguous to an area of 10,811
land affected under a permit or amendment, which contiguous land 10,812
is not under permit or amendment;
(C) Purposely misrepresent or omit any material fact in an 10,814
application for a surface mining permit or amendment, an annual 10,815
or final report, or in any hearing or investigation conducted by 10,816
the chief of the division of mines and reclamation MINERAL 10,818
RESOURCES MANAGEMENT or the reclamation commission; 10,819
(D) Fail to perform any measure set forth in the approved 10,821
plan of mining and reclamation that is necessary to prevent 10,822
damage to adjoining property or to achieve a performance standard 10,823
in division (A)(9) of section 1514.02 of the Revised Code, or 10,824
violate any other requirement of this chapter, a rule adopted
thereunder, or an order of the chief of reclamation. 10,825
Sec. 1514.11. There is hereby created in the state 10,834
treasury IN ADDITION TO THE PURPOSES AUTHORIZED IN SECTION 10,835
1514.06 OF THE REVISED CODE, THE CHIEF OF THE DIVISION OF MINERAL 10,836
RESOURCES MANAGEMENT MAY USE MONEYS IN the surface mining 10,837
administration fund to be used by the chief of the division of 10,838
mines and reclamation CREATED UNDER THAT SECTION for the 10,839
administration and enforcement of this chapter, for the 10,840
reclamation of land affected by surface mining under a permit 10,842
issued under this chapter that the operator failed to reclaim and 10,843
for which the performance bond filed by the operator is
insufficient to complete the reclamation, and for the reclamation 10,844
of land affected by surface mining that was abandoned and left 10,845
unreclaimed and for which no permit was issued or bond filed 10,846
249
under this chapter. The chief shall expend not more than five 10,848
hundred thousand dollars from the fund during any fiscal year for 10,849
the reclamation of abandoned surface mines. The FOR PURPOSES OF 10,850
THIS SECTION, THE chief shall expend moneys in the fund in 10,851
accordance with the procedures and requirements established in 10,852
section 1514.06 of the Revised Code for expenditures of moneys 10,853
from the surface mining reclamation fund created in that section 10,854
and may enter into contracts and perform work in accordance with 10,856
that section.
Permit fees and filing fees FEES collected under sections 10,858
1514.02 and 1514.03 of the Revised Code, one-half of the moneys 10,860
collected from the severance taxes levied under divisions (A)(3) 10,861
and (4) of section 5749.02 of the Revised Code, and all of the 10,862
moneys collected from the severance tax levied under division 10,863
(A)(7) of section 5749.02 of the Revised Code shall be credited 10,864
to the fund in accordance with those sections. Notwithstanding 10,865
any section of the Revised Code relating to the distribution or 10,866
crediting of fines for violations of the Revised Code, all fines 10,867
imposed under section 1514.99 of the Revised Code shall be 10,868
credited to the fund.
Sec. 1521.01. As used in sections 1521.01 to 1521.05 and, 10,877
1521.13 to 1521.18, AND 1521.20 TO 1521.30 of the Revised Code: 10,879
(A) "Consumptive use," "diversion," "Lake Erie drainage 10,881
basin," "other great lakes states and provinces," "water 10,882
resources," and "waters of the state" have the same meanings as 10,883
in section 1501.30 of the Revised Code. 10,884
(B) "Well" means any excavation, regardless of design or 10,886
method of construction, created for any of the following 10,887
purposes: 10,888
(1) Removing ground water from or recharging water into an 10,890
aquifer, excluding subsurface drainage systems installed to 10,891
enhance agricultural crop production or urban or suburban 10,892
landscape management or to control seepage in dams, dikes, and 10,893
levees; 10,894
250
(2) Determining the quantity, quality, level, or movement 10,896
of ground water in or the stratigraphy of an aquifer, excluding 10,897
borings for instrumentation in dams, dikes, levees, or highway 10,898
embankments; 10,899
(3) Removing or exchanging heat from ground water, 10,901
excluding horizontal trenches that are installed for water source 10,902
heat pump systems. 10,903
(C) "Aquifer" means a consolidated or unconsolidated 10,905
geologic formation or series of formations that are hydraulically 10,906
interconnected and that have the ability to receive, store, or 10,907
transmit water. 10,908
(D) "Ground water" means all water occurring in an 10,910
aquifer. 10,911
(E) "Ground water stress area" means a definable 10,913
geographic area in which ground water quantity is being affected 10,914
by human activity or natural forces to the extent that continuous 10,915
availability of supply is jeopardized by withdrawals. 10,916
(F) "Person" has the same meaning as in section 1.59 of 10,918
the Revised Code and also includes the United States, the state, 10,919
any political subdivision of the state, and any department, 10,920
division, board, commission, agency, or instrumentality of the 10,921
United States, the state, or a political subdivision of the 10,922
state. 10,923
(G) "State agency" or "agency of the state" has the same 10,925
meaning as "agency" in section 111.15 of the Revised Code. 10,926
(H) "Development" means any artificial change to improved 10,929
or unimproved real estate, including the construction of 10,930
buildings and other structures, any substantial improvement of a 10,931
structure, and mining, dredging, filling, grading, paving, 10,932
excavating, and drilling operations. 10,933
(I) "Floodplain" means the area adjoining any river, 10,935
stream, watercourse, or lake that has been or may be covered by 10,936
flood water. 10,937
(J) "Floodplain management" means the implementation of an 10,939
251
overall program of corrective and preventive measures for 10,940
reducing flood damage, including the collection and dissemination 10,941
of flood information, construction of flood control works, 10,942
nonstructural flood damage reduction techniques, and adoption of 10,943
rules, ordinances, or resolutions governing development in 10,944
floodplains. 10,945
(K) "One-hundred-year flood" means a flood having a one 10,947
per cent chance of being equaled or exceeded in any given year. 10,948
(L) "One-hundred-year floodplain" means that portion of a 10,950
floodplain inundated by a one-hundred-year flood. 10,951
(M) "Structure" means a walled and roofed building, 10,953
including, without limitation, gas or liquid storage tanks, 10,954
mobile homes, and manufactured homes. 10,955
(N) "Substantial improvement" means any reconstruction, 10,957
rehabilitation, addition, or other improvement of a structure, 10,958
the cost of which equals or exceeds fifty per cent of the market 10,959
value of the structure before the start of construction of the 10,960
improvement. "Substantial improvement" includes repairs to 10,961
structures that have incurred substantial damage regardless of 10,962
the actual repair work performed. "Substantial improvement" does 10,963
not include either of the following: 10,964
(1) Any project for the improvement of a structure to 10,966
correct existing violations of state or local health, sanitary, 10,967
or safety code specifications that have been identified by the 10,968
state or local code enforcement official having jurisdiction and 10,969
that are the minimum necessary to ensure safe living conditions; 10,970
(2) Any alteration of an historic structure designated or 10,972
listed pursuant to federal or state law, provided that the 10,973
alteration will not preclude the structure's continued listing or 10,974
designation as an historic structure. 10,975
(O) "SHORE STRUCTURE" INCLUDES, BUT IS NOT LIMITED TO: 10,977
BEACHES; GROINS; REVETMENTS; BULKHEADS; SEAWALLS; BREAKWATERS; 10,978
CERTAIN DIKES DESIGNATED BY THE CHIEF OF THE DIVISION OF WATER; 10,979
PIERS; DOCKS; JETTIES; WHARVES; MARINAS; BOAT RAMPS; ANY 10,980
252
ASSOCIATED FILL OR DEBRIS USED AS PART OF THE CONSTRUCTION OF 10,981
SHORE STRUCTURES THAT MAY AFFECT SHORE EROSION, WAVE ACTION, OR 10,982
INUNDATION; AND FILL OR DEBRIS PLACED ALONG OR NEAR THE SHORE,
INCLUDING BLUFFS, BANKS, OR BEACH RIDGES, FOR THE PURPOSE OF 10,983
STABILIZING SLOPES.
(P) "CONSERVANCY DISTRICT" MEANS A CONSERVANCY DISTRICT 10,985
ESTABLISHED UNDER CHAPTER 6101. OF THE REVISED CODE. 10,986
(Q) "PARK BOARD" MEANS THE BOARD OF PARK COMMISSIONERS OF 10,988
A PARK DISTRICT CREATED UNDER CHAPTER 1545. OF THE REVISED CODE. 10,989
(R) "EROSION CONTROL STRUCTURE" MEANS ANYTHING THAT IS 10,991
DESIGNED PRIMARILY TO REDUCE OR CONTROL EROSION OF THE SHORE 10,992
ALONG OR NEAR LAKE ERIE, INCLUDING, BUT NOT LIMITED TO, 10,993
REVETMENTS, SEAWALLS, BULKHEADS, CERTAIN BREAKWATERS DESIGNATED 10,994
BY THE CHIEF, AND SIMILAR STRUCTURES. "EROSION CONTROL
STRUCTURE" DOES NOT INCLUDE WHARVES, PIERS, DOCKS, MARINAS, BOAT 10,995
RAMPS, AND OTHER SIMILAR STRUCTURES. 10,996
Sec. 1521.03. The chief of the division of water shall do 11,005
all of the following: 11,006
(A) Assist in an advisory capacity any properly 11,008
constituted watershed district, conservancy district, or soil and 11,009
water conservation district or any county, municipal corporation, 11,010
or other government agency of the state in the planning of works 11,011
for ground water recharge, flood mitigation, floodplain 11,012
management, flood control, flow capacity and stability of 11,013
streams, rivers, and watercourses, or the establishment of water 11,015
conservation practices, within the limits of the appropriations 11,016
for those purposes;
(B) Have authority to conduct basic inventories of the 11,018
water and related natural resources in each drainage basin in the 11,019
state; to develop a plan on a watershed basis that will recognize 11,020
the variety of uses to which water may be put and the need for 11,021
its management for those uses; with the approval of the director 11,023
of natural resources and the controlling board, to transfer 11,024
appropriated or other funds, authorized for those inventories and
253
plan, to any division of the department of natural resources or 11,025
other state agencies for the purpose of developing pertinent data 11,026
relating to the plan of water management; and to accept and 11,027
expend moneys contributed by any person for implementing the 11,028
development of the plan; 11,029
(C) Have authority to make detailed investigations of all 11,031
factors relating to floods, floodplain management, and flood 11,032
control in the state with particular attention to those factors 11,034
bearing upon the hydraulic and hydrologic characteristics of 11,035
rivers, streams, and watercourses, recognizing the variety of 11,037
uses to which water and watercourses may be put; 11,039
(D) Cooperate with the United States or any agency thereof 11,041
and with any political subdivision of the state in planning and 11,042
constructing flood control works; 11,043
(E) Hold meetings or public hearings, whichever is 11,045
considered appropriate by the chief, to assist in the resolution 11,046
of conflicts between ground water users. Such meetings or 11,047
hearings shall be called upon written request from boards of 11,048
health of city or general health districts created by or under 11,049
the authority of Chapter 3709. of the Revised Code or authorities 11,050
having the duties of a board of health as authorized by section 11,051
3709.05 of the Revised Code, boards of county commissioners, 11,052
boards of township trustees, legislative authorities of municipal 11,053
corporations, or boards of directors of conservancy districts 11,054
organized under Chapter 6101. of the Revised Code and may be 11,055
called by the chief upon the request of any other person or at 11,056
the chief's discretion. The chief shall collect and present at 11,058
such meetings or hearings the available technical information 11,059
relevant to the conflicts and to the ground water resource. The 11,060
chief shall prepare a report, and may make recommendations, based 11,061
upon the available technical data and the record of the meetings 11,062
or hearings, about the use of the ground water resource. In 11,063
making the report and any recommendations, the chief also may 11,064
consider the factors listed in division (B) of section 1521.17 of 11,065
254
the Revised Code. The technical information presented, the 11,066
report prepared, and any recommendations made under this division 11,067
shall be presumed to be prima-facie authentic and admissible as 11,068
evidence in any court pursuant to Evidence Rule 902. 11,069
(F) Perform stream or ground water gauging and may 11,071
contract with the United States government or any other agency 11,072
for the gauging of any streams or ground water within the state; 11,073
(G) Primarily with regard to water quantity, have 11,076
authority to collect, study, map, and interpret all available 11,077
information, statistics, and data pertaining to the availability, 11,078
supply, use, conservation, and replenishment of the ground and 11,079
surface waters in the state in coordination with other agencies 11,080
of this state;
(H) Primarily with regard to water quantity and 11,083
availability, be authorized to cooperate with and negotiate for 11,084
the state with any agency of the United States government, of 11,085
this state, or of any other state pertaining to the water 11,086
resources of the state; 11,087
(I) PROVIDE ENGINEERING SUPPORT FOR THE COASTAL MANAGEMENT 11,089
PROGRAM ESTABLISHED UNDER CHAPTER 1506. OF THE REVISED CODE. 11,090
Sec. 1507.02 1521.20. The chief engineer of the department 11,100
DIVISION of natural resources WATER shall act as the erosion 11,101
agent of the state for the purpose of cooperating with the 11,102
secretary of the army, acting through the chief of engineers of 11,103
the United States army corps of engineers in the department of 11,104
defense. The chief engineer shall cooperate with the secretary 11,106
in carrying out, and may conduct, investigations and studies of 11,107
conditions along the shorelines of Lake Erie and of the bays and 11,108
projections therefrom, and of the islands therein, within the 11,109
territorial waters of the state, with a view to devising and 11,110
perfecting economical and effective methods and works for 11,111
preventing, correcting, and arresting CONTROLLING shore erosion 11,112
and damage therefrom and preventing CONTROLLING the inundation of 11,114
improved property by the waters of Lake Erie, ITS BAYS, AND 11,115
255
ASSOCIATED INLETS.
Sec. 1507.03 1521.21. The chief engineer of the department 11,125
DIVISION of natural resources WATER, in the discharge of his THE 11,126
CHIEF'S duties under sections 1507.01 1507.20 to 1507.10 1507.30 11,129
of the Revised Code, may call to his THE CHIEF'S assistance, 11,131
temporarily, any engineers or other employees in any state 11,133
department, or in the Ohio state university or other educational 11,134
institutions financed wholly or in part by the state, for the 11,135
purpose of devising the most effective and economical methods of 11,136
arresting and preventing CONTROLLING SHORE erosion AND DAMAGE 11,137
FROM IT and CONTROLLING THE inundation along the shorelines OF 11,138
IMPROVED PROPERTY BY THE WATERS of Lake Erie and its connecting 11,139
bays AND ASSOCIATED INLETS.
Such engineers and employees shall not receive any 11,141
additional compensation over that which they receive from the 11,142
departments or institutions by which they are employed, but they 11,143
shall be reimbursed for their actual necessary expenses incurred 11,144
while working under the direction of the chief engineer on 11,145
erosion and inundation projects. 11,146
Sec. 1507.04 1521.22. No person shall construct a beach, 11,155
groin, or other structure to arrest or control erosion, wave 11,156
action, or inundation along or near the Ohio shoreline of Lake 11,158
Erie, including related islands, bays, and inlets, without first 11,160
submitting an application for OBTAINING a construction SHORE 11,161
STRUCTURE permit, including FROM THE CHIEF OF THE DIVISION OF 11,162
WATER. THE APPLICATION FOR A SHORE STRUCTURE PERMIT SHALL 11,163
INCLUDE detailed plans and specifications prepared by a 11,164
professional engineer registered under Chapter 4733. of the 11,165
Revised Code, to the chief engineer of the department of natural 11,167
resources. An applicant shall provide appropriate evidence of 11,169
compliance with any applicable provisions of THIS CHAPTER AND 11,170
Chapters 1505., AND 1506., and 1521. of the Revised Code, as 11,171
determined by the chief engineer. Whenever possible, the chief 11,173
engineer shall consider an application for a permit from the 11,174
256
United States army corps of engineers of the department of
defense to be adequate as an application for a construction 11,175
permit for the purposes of this section. A TEMPORARY SHORE 11,176
STRUCTURE PERMIT MAY BE ISSUED BY THE CHIEF OR AN AUTHORIZED 11,177
REPRESENTATIVE OF THE CHIEF IF IT IS DETERMINED NECESSARY TO 11,178
SAFEGUARD LIFE, HEALTH, OR PROPERTY.
Each application or reapplication for a permit under this 11,180
section shall be accompanied by a non-refundable fee of not more 11,181
than five hundred dollars, as the chief engineer shall prescribe 11,183
by rule.
If the application is approved, the chief engineer shall 11,186
issue a permit to the applicant authorizing construction of the 11,188
project. If requested in writing by the applicant within thirty 11,189
days of issuance of a notice of disapproval of the application, 11,190
the chief engineer shall conduct an adjudication hearing under 11,191
Chapter 119. of the Revised Code, except sections 119.12 and 11,192
119.121 of the Revised Code. After reviewing the record of the 11,193
hearing, the chief engineer shall issue a final order approving 11,194
the application, disapproving it, or approving it conditioned on 11,195
the making of specified revisions in the plans and 11,197
specifications.
The chief engineer, by rule, shall limit the period during 11,199
which a construction permit issued under this section is valid 11,201
and shall establish reapplication requirements governing a 11,202
construction permit that expires before construction is 11,203
completed.
In accordance with Chapter 119. of the Revised Code, the 11,205
chief engineer shall adopt, and may amend or rescind, such rules 11,207
as are necessary for the administration, implementation, and 11,208
enforcement of this section.
Sec. 1507.05 1521.23. All moneys derived from the granting 11,217
of permits and leases under section 1505.07 of the Revised Code 11,219
for the removal of sand, gravel, stone, gas, oil, and other 11,220
minerals and substances from and under the bed of Lake Erie and 11,221
257
from applications for construction SHORE STRUCTURE permits 11,222
submitted under section 1507.04 1521.22 of the Revised Code shall 11,224
be paid into the state treasury to the credit of the permit and 11,225
lease fund, which is hereby created. Notwithstanding any section 11,226
of the Revised Code relating to the distribution or crediting of 11,227
fines for violations of the Revised Code, all fines imposed under 11,228
division (A) of section 1505.99 and DIVISION (C) OF section 11,229
1507.99 1521.99 of the Revised Code shall be paid into that fund. 11,231
The fund shall be administered by the department of natural 11,232
resources for the protection of Lake Erie shores and waters; 11,234
investigation and prevention CONTROL of erosion; the planning, 11,235
development, and construction of facilities for recreational use 11,237
of Lake Erie; implementation of section 1507.04 1521.22 of the 11,238
Revised Code; preparation of the state shore erosion plan under 11,239
section 1507.10 1521.29 of the Revised Code; and state 11,240
administration of Lake Erie coastal erosion areas under sections 11,241
1506.06 and 1506.07 of the Revised Code.
Sec. 1507.06 1521.24. The state, acting through the chief 11,250
engineer of the department DIVISION of natural resources WATER, 11,253
subject to section 1507.09 1521.28 of the Revised Code, may enter 11,254
into agreements with counties, townships, municipal corporations, 11,256
park boards, and conservancy districts, other political 11,257
subdivisions, or any state departments or divisions for the 11,258
purpose of constructing and maintaining projects to prevent, 11,259
correct, and arrest CONTROL erosion along the Ohio shoreline of 11,261
Lake Erie and in any rivers and bays that are connected with Lake 11,262
Erie and any other watercourses that flow into Lake Erie. Such 11,263
projects also may be constructed on any Lake Erie island that is 11,265
situated within the boundaries of the state.
The cost of such shore erosion projects that are for the 11,267
benefit of public littoral property shall be prorated on the 11,268
basis of two-thirds of the total cost to the state through 11,269
appropriations made to the division of engineering WATER and 11,270
one-third of the cost to the counties, townships, municipal 11,271
258
corporations, park boards, conservancy districts, or other 11,272
political subdivisions. 11,273
If a shore erosion emergency is declared by the governor, 11,275
the state, acting through the chief engineer, may spend whatever 11,276
state funds are available to alleviate shore erosion, without 11,277
participation by any political subdivision, regardless of whether 11,278
the project will benefit public or private littoral property. 11,279
A board of county commissioners, acting for the county over 11,282
which it has jurisdiction, may enter into and carry out
agreements with the chief engineer for the construction and 11,283
maintenance of projects to prevent, correct, and arrest CONTROL 11,284
shore erosion. In providing the funds for the county's 11,286
proportionate share of the cost of constructing and maintaining 11,287
the projects referred to in this section, the board shall be 11,288
governed by and may issue and refund bonds in accordance with 11,289
Chapter 133. of the Revised Code. 11,290
A municipal corporation or a township, acting through the 11,292
legislative authority or the board of township trustees, may 11,293
enter into and carry out agreements with the chief engineer for 11,294
the purpose of constructing and maintaining projects to prevent, 11,295
correct, and arrest CONTROL shore erosion. In providing the 11,296
funds for the municipal corporation's or township's proportionate 11,298
share of the cost of constructing and maintaining the projects 11,299
referred to in this section, a municipal corporation or township 11,300
may issue and refund bonds in accordance with Chapter 133. of the 11,301
Revised Code. The contract shall be executed on behalf of the 11,302
municipal corporation or township by the mayor, city manager, or 11,303
other chief executive officer who has the authority to act for 11,304
the municipal corporation or township. 11,305
Conservancy districts may enter into and carry out 11,307
agreements with the chief engineer, in accordance with the intent 11,308
of this section, under the powers conferred upon conservancy 11,309
districts under Chapter 6101. of the Revised Code. 11,310
Park boards may enter into and carry out agreements with 11,312
259
the chief engineer, in accordance with the intent of this 11,313
section, and issue bonds for that purpose under the powers 11,314
conferred upon park districts under Chapter 1545. of the Revised 11,315
Code.
The chief engineer shall approve and supervise all projects 11,317
that are to be constructed in accordance with this section. The 11,318
chief engineer shall not proceed with the construction of any 11,319
project until all funds that are to be paid by the county, 11,320
township, municipal corporation, park board, or conservancy 11,321
district, in accordance with the terms of the agreement entered 11,322
into between the chief engineer and the county, township, 11,323
municipal corporation, park board, or conservancy district, are 11,324
in his THE CHIEF'S possession and deposited in the shore erosion 11,326
fund, which is hereby created in the state treasury. If the 11,327
chief engineer finds it to be in the best interests of the state 11,328
to construct projects as set forth in this section by the state 11,329
itself, without the financial contribution of counties, 11,330
townships, municipal corporations, park boards, or conservancy 11,331
districts, the chief engineer may construct the projects. 11,332
In deciding whether to assist a county or municipal 11,334
corporation in constructing and maintaining a project under this 11,335
section, the state, acting through the chief engineer, shall 11,336
consider, among other factors, whether the county or municipal 11,337
corporation has adopted or is in the process of adopting a Lake 11,338
Erie coastal erosion area resolution or ordinance under division 11,340
(D) of section 1506.07 of the Revised Code. 11,341
All projects constructed by the state in conformity with 11,343
sections 1507.02 1521.20 to 1507.09 1521.28 of the Revised Code 11,345
shall be constructed subject to sections 153.01 to 153.20 of the 11,346
Revised Code, except that the state architect and engineer is not 11,347
required to prepare the plans and specifications for those 11,348
projects. 11,349
As used in this chapter: 11,351
(A) "Conservancy district" means a conservancy district 11,353
260
established under Chapter 6101. of the Revised Code. 11,354
(B) "Park board" means the board of park commissioners of 11,356
a park district created under Chapter 1545. of the Revised Code. 11,357
Sec. 1507.07 1521.25. The chief engineer of the department 11,367
DIVISION of natural resources WATER may enter into a contract 11,368
with any county, township, municipal corporation, conservancy 11,369
district, or park board that has an agreement with the state in 11,370
accordance with section 1507.06 1521.24 of the Revised Code for 11,372
the construction of a shore erosion project. No contract shall
be let until all money which THAT is to be paid by the political 11,374
subdivision entering into the agreement has been deposited in the 11,375
shore erosion fund created in section 1507.06 1521.24 of the 11,376
Revised Code, and no contract shall be valid until approved by 11,378
the director of natural resources. 11,379
Sec. 1507.071 1521.26. (A) A board of county 11,388
commissioners may use a loan obtained under division (C) of this 11,390
section to provide financial assistance to any person who owns 11,391
real property in a coastal erosion area, as defined in section 11,392
1506.01 of the Revised Code, and who has received a permit under 11,394
section 1507.04 1521.22 of the Revised Code to construct an 11,395
erosion control structure in that coastal erosion area. The 11,396
board shall enter into an agreement with the person that complies 11,398
with all of the following requirements: 11,399
(1) The agreement shall identify the person's real 11,401
property for which the erosion control structure is being 11,402
constructed and shall include a legal description of that 11,403
property and a reference to the volume and page of the deed 11,404
record in which the title of that person to that property is
recorded.
(2) In accordance with rules adopted by the Ohio water 11,407
development authority under division (V) of section 6121.04 of 11,409
the Revised Code for the purposes of division (C) of this section 11,412
and pursuant to an agreement between the board and the authority 11,413
under that division, the board shall agree to cause payments to 11,414
261
be made by the authority to the contractor hired by the person to 11,416
construct an erosion control structure in amounts not to exceed 11,417
the total amount specified in the agreement between the board and 11,418
the person.
(3) The person shall agree to pay to the board, or to the 11,420
authority as the assignee pursuant to division (C) of this 11,421
section, the total amount of the payments plus administrative or 11,422
other costs of the board or the authority at times, in 11,423
installments, and bearing interest as specified in the agreement. 11,424
The agreement may contain additional provisions that the 11,426
board determines necessary to safeguard the interests of the 11,427
county or to comply with an agreement entered into under division 11,428
(C) of this section.
(B) Upon entering into an agreement under division (A) of 11,431
this section, the board shall do all of the following: 11,432
(1) Cause the agreement to be recorded in the county deed 11,434
records in the office of the county recorder of the county in 11,435
which the real property is situated. Failure to record the 11,436
agreement does not affect the validity of the agreement or the 11,437
collection of any amounts due under the agreement. 11,438
(2) Establish by resolution an erosion control repayment 11,441
fund into which shall be deposited all amounts collected under 11,442
division (B)(3) of this section. Moneys in that fund shall be 11,443
used by the board for the repayment of the loan and for 11,444
administrative or other costs of the board or the authority as 11,445
specified in an agreement entered into under division (C) of this 11,447
section. If the amount of money in the fund is inadequate to
repay the loan when due, the board of county commissioners, by 11,448
resolution, may advance money from any other fund in order to 11,449
repay the loan if that use of the money from the other fund is 11,450
not in conflict with law. If the board so advances money in 11,451
order to repay the loan, the board subsequently shall reimburse 11,452
each fund from which the board advances money with moneys from 11,453
the erosion control repayment fund.
262
(3) Bill and collect all amounts when due under the 11,456
agreement entered into under division (A) of this section. The 11,457
board shall certify amounts not paid when due to the county 11,458
auditor, who shall enter the amounts on the real property tax 11,459
list and duplicate against the property identified under division 11,460
(A)(1) of this section. The amounts not paid when due shall be a 11,461
lien on that property from the date on which the amounts are 11,462
placed on the tax list and duplicate and shall be collected in
the same manner as other taxes. 11,463
(C) A board may apply to the authority for a loan for the 11,465
purpose of entering into agreements under division (A) of this 11,466
section. The loan shall be for an amount and on the terms 11,467
established in an agreement between the board and the authority. 11,468
The board may assign any agreements entered into under division 11,469
(A) of this section to the authority in order to provide for the 11,470
repayment of the loan and may pledge any lawfully available 11,471
revenues to the repayment of the loan, provided that no moneys 11,472
raised by taxation shall be obligated or pledged by the board for 11,473
the repayment of the loan. Any agreement with the authority
pursuant to this division is not subject to Chapter 133. of the 11,474
Revised Code or any requirements or limitations established in 11,475
that chapter.
(D) The authority, as assignee of any agreement pursuant 11,478
to division (C) of this section, may enforce and compel the board 11,480
and the county auditor by mandamus pursuant to Chapter 2731. of 11,481
the Revised Code to comply with division (B) of this section in a 11,483
timely manner.
(E) The construction of an erosion control structure by a 11,485
contractor hired by an individual homeowner, group of individual 11,486
homeowners, or homeowners association that enters into an 11,487
agreement with a board under division (A) of this section is not 11,488
a public improvement, as defined in section 4115.03 of the 11,489
Revised Code, and is not subject to competitive bidding or public 11,490
bond laws. 11,491
263
Sec. 1507.08 1521.27. The state, or any county, township, 11,500
municipal corporation, conservancy district, or park board that 11,502
has entered into a contract under section 1507.07 1521.25 of the 11,503
Revised Code, may acquire lands by gift or devise, purchase, or 11,505
appropriation. In case of appropriation, the proceedings shall
be instituted in the name of the state or the political 11,506
subdivision and shall be conducted in the manner provided for the 11,508
appropriation of private property by the state or the political 11,509
subdivision insofar as those proceedings are applicable. Either 11,510
the fee or any lesser interest may be acquired as the state or 11,511
the political subdivision considers advisable.
Sec. 1507.09 1521.28. Any action taken by the chief 11,520
engineer of the department DIVISION of natural resources WATER 11,522
under sections 1507.02 1521.20 to 1507.09 1521.30 of the Revised 11,523
Code shall not be deemed in conflict with certain powers and 11,524
duties conferred upon and delegated to federal agencies and to 11,525
municipal corporations under Section 7 of Article XVIII, Ohio 11,526
Constitution, or as provided by sections 721.04 to 721.11 of the 11,527
Revised Code.
Sec. 1507.10 1521.29. The chief engineer of the department 11,537
DIVISION of natural resources WATER, in cooperation with the 11,538
division of geological survey, shall MAY prepare a plan for the 11,540
prevention MANAGEMENT of shore erosion in the state along Lake 11,541
Erie, ITS BAYS, AND ASSOCIATED INLETS, revise the plan whenever 11,542
it can be made more effective, and make the plan available for
public inspection. In the preparation of the plan, the chief 11,543
engineer shall MAY employ such existing plans as are available. 11,545
The chief engineer also shall MAY establish a program to 11,547
provide technical assistance on shore erosion control measures to 11,549
municipal corporations, counties, townships, conservancy 11,550
districts, park boards, and shoreline property owners. 11,552
Sec. 1507.11 1521.30. Upon application of any owner of 11,561
real property damaged or destroyed by shore erosion, the county 11,563
auditor of the county in which the real property is situated 11,564
264
shall cause a reappraisal to be made and shall place the property 11,565
on the tax list at its true value in money.
Whenever the county auditor finds that ninety per cent or 11,567
more of the area of any littoral parcel of land appearing upon 11,568
the tax duplicate has been eroded and lies within the natural 11,569
boundaries of Lake Erie and that the remainder of the parcel, if 11,570
any, has no taxable value, he THE AUDITOR may certify that 11,571
finding to the county board of revision. Upon consideration 11,572
thereof, the board may authorize removal of the parcel from the 11,574
tax duplicate and cancellation of all current and delinquent 11,575
taxes, assessments, interest, and penalties charged against the 11,576
parcel.
Sec. 1521.99. (A) Whoever violates division (C)(1) of 11,585
section 1521.05 or division (E)(1) of section 1521.16 of the 11,586
Revised Code is guilty of a misdemeanor of the fourth degree. 11,587
(B) Whoever violates section 1521.06 or 1521.062 of the 11,589
Revised Code shall be fined not less than one hundred dollars nor 11,590
more than one thousand dollars for each offense. Each day of 11,591
violation constitutes a separate offense.
(C) WHOEVER VIOLATES SECTIONS 1521.20 TO 1521.30 OF THE 11,594
REVISED CODE SHALL BE FINED NOT LESS THAN ONE HUNDRED DOLLARS NOR 11,595
MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE. EACH DAY OF
VIOLATION CONSTITUTES A SEPARATE OFFENSE. 11,596
Sec. 1561.01. As used in this chapter and Chapters 1563., 11,605
1565., and 1567. of the Revised Code, and in other sections of 11,606
the Revised Code relating to the mining law, unless other meaning 11,607
is clearly apparent in the language and context: 11,608
(A) "Mine" means an underground or surface excavation or 11,610
development with or without shafts, slopes, drifts, or tunnels 11,611
for the extraction of coal, gypsum, asphalt, rock, or other 11,612
materials containing the same, or for the extraction of natural 11,613
gas or petroleum by means that are substantially similar to the 11,614
underground extraction of coal, gypsum, asphalt, rock, or other 11,615
materials containing the same, with hoisting or haulage equipment 11,616
265
and appliances for the extraction of such materials; and embraces 11,617
the land or property of the mining plant, the surface, and 11,618
underground, that is used for or contributes to the mining 11,619
properties, or concentration or handling of coal, gypsum, 11,620
asphalt, rock, or other materials containing the same or of 11,621
natural gas or petroleum. 11,622
(B) "Shaft" means a vertical opening through the strata 11,624
which THAT is or may be used for ventilation, drainage, or 11,625
hoisting men WORKERS or material or both in connection with the 11,627
mining of coal or other minerals or materials. 11,629
(C) "Slope" means an incline or opening used for the same 11,631
purpose as a shaft. 11,632
(D) "Drift" means an opening through the strata on which 11,634
opening grades are such to permit the coal or materials to be 11,635
hauled by mules or mechanical traction power, and which opening 11,636
may be used for ventilation, drainage, ingress, egress, and other 11,637
purposes in connection with the mining of coal or other 11,638
materials. 11,639
(E) "Excavations and workings" means the excavated 11,641
portions of the mine, those abandoned as well as the places 11,642
actually being worked, underground workings, shafts, tunnels, and 11,643
other ways in the course of being sunk or driven, slopes, 11,644
tunnels, and other openings, and all such shafts, together with 11,645
all roads, appliances, machinery, and material connected with the 11,646
same below the surface. 11,647
(F) "Face" means the advancing breast of any working 11,649
place. 11,650
(G) "Pillar" means a solid block of ore, coal, or other 11,652
material, left unmined to support the overlying strata in a mine. 11,653
(H) "Rock dusting" means to distribute or apply fine rock 11,655
dust on underground surfaces in coal mines to prevent, check, 11,656
control, or extinguish coal dust explosions. 11,657
(I) "Rock dust barriers" means a quantity of dry rock dust 11,659
placed in suitable containers so located in underground coal 11,660
266
mines that the advanced wave of a coal dust explosion will 11,661
automatically cause the rock dust to be thrown into suspension to 11,662
extinguish or arrest the flames of an explosion. 11,663
(J) "Operator" means any firm, corporation, or individual 11,665
operating any mine or part thereof. 11,666
(K) "Superintendent" means the person who shall have HAS, 11,668
on behalf of the operator, immediate supervision of one or more 11,669
mines. 11,670
(L) "Mine foreman FOREPERSON" means the person whom the 11,672
operator or superintendent places in charge of the inside or 11,674
outside workings of the mine and of the persons employed therein 11,675
or thereat.
(M) "Foreman FOREPERSON" means the person designated to 11,677
assist the mine foreman FOREPERSON in the immediate supervision 11,678
of a portion or the whole of a mine or of the persons employed 11,680
therein.
(N) "Fire boss" means a person whom the mine foreman 11,682
FOREPERSON is required to employ under certain conditions 11,683
designated in this chapter and Chapters 1563., 1565., and 1567. 11,684
of the Revised Code, relative to explosive gases when the same 11,685
are found to exist in a mine. 11,686
(O) "Shot firer" means a practical and experienced person 11,688
whose duties shall be ARE to charge, set off, and discharge the 11,689
shots under the direction of the mine foreman FOREPERSON or 11,690
foreman FOREPERSON. 11,691
(P) "Deputy mine inspector" means a person appointed in 11,693
the division of mines and reclamation MINERAL RESOURCES 11,694
MANAGEMENT to inspect mines to see that this chapter and Chapters 11,696
1563., 1565., and 1567. of the Revised Code are complied with. 11,698
(Q) "Permissible or approved" as applied in connection 11,700
with explosive flame safety lamps, electric safety lamps, 11,701
electric machinery, rescue apparatus, and other devices, 11,702
appliances, machinery, and equipment means materials, apparatus, 11,703
devices, appliances, machinery, and equipment officially listed 11,704
267
by the mine safety and health administration in the United States 11,705
department of labor and approved as having met its requirements 11,706
for the respective specified uses, or equivalent standards 11,707
determined and established by the chief of the division of mines 11,709
and reclamation MINERAL RESOURCES MANAGEMENT.
(R) "Gas" means an inflammable gas, chiefly methane, which 11,711
THAT when mixed in certain proportions with air is explosive. 11,712
(S) "Methane" is a hydrocarbon gas (CH4) frequently 11,714
encountered in coal mines. 11,715
(T) "Explosive mixture of methane and air" is a mixture of 11,717
air and methane which THAT will explode in the presence of a 11,718
flame or hot spark when the methane content is between five and 11,720
fifteen per cent. 11,721
(U) "Electric system" means all apparatus and electric 11,723
circuits receiving electric energy or that may receive electric 11,724
energy from a common source. Where the source of power is under 11,725
control of the mine, such source of power will be considered as a 11,726
part of the electric system. If power is obtained from a central 11,727
station not under control of such mine, "electric system" refers 11,728
only to that part of the system which THAT is under control of 11,729
such mine. 11,730
(V) "Electric circuit" means all conductors, including 11,732
ground returns, furnishing energy to or receiving energy from 11,733
electric apparatus. 11,734
(W) "Branch circuit" means all circuits connected to main 11,736
circuits coming from generators or other main sources of supply. 11,737
(X) "Potential" and "voltage" are synonymous and mean 11,739
electrical pressure. 11,740
(Y) "Potential of a circuit or voltage of a circuit, 11,742
machine, or any piece of electrical apparatus" is the potential 11,743
normally existing between the conductors of such circuit or the 11,744
terminals of such machine or apparatus. 11,745
(Z) "Difference of potential" means the difference of 11,747
electrical pressure existing between any two points of an 11,748
268
electrical system, or between any point of such system and the 11,749
earth, as determined by a voltmeter. 11,750
(AA) A "low LOW voltage supply" means the situation where 11,753
the conditions of the supply of electricity are such that the 11,754
difference in potential between any points of the circuit does 11,755
not exceed four hundred fifty volts. 11,756
(BB) A "high HIGH voltage supply" means the situation 11,758
where the conditions of the supply of electricity are such that 11,760
the difference of potential between any two points in the circuit 11,761
exceeds four hundred fifty volts. 11,762
(CC) "Trailing cable" means an electric power cable 11,764
attached to a mobile machine or unit. 11,765
(DD) "Grounding" means the connecting of any part of an 11,767
electric system with the earth in such a manner that there is no 11,768
difference of potential between such connected part and the 11,769
earth. 11,770
(EE) "Mobile machinery or portable machinery" means 11,772
machinery which THAT moves about under its own power, or is 11,773
carried, pulled, or trammed from place to place. 11,775
(FF) "Semipermanent" machinery" means machinery which THAT 11,778
is mounted on a form of truck which THAT permits it to be moved 11,779
readily from place to place, but the function of which is to do 11,780
its work in a semipermanent location. 11,781
(GG) "Permanent" machinery" means machinery which THAT is 11,784
installed on a permanent foundation attached to the ground.
(HH) "Underground station" means any place underground 11,786
where electrical machinery, transformers, or switchboards are 11,787
permanently installed. 11,788
(II) "Electrical inspector" means a person appointed by 11,790
the chief of the division of mines and reclamation to examine 11,791
surface and underground electrical systems and equipment at mines 11,792
for fire, shock, and explosion hazards. 11,793
(JJ) A "well WELL" means any borehole, whether drilled or 11,796
bored, within the state, for the production, extraction, or 11,797
269
injection of any gas or liquid mineral, excluding only potable 11,798
water to be used as such, but including natural or artificial 11,799
brines and oil field waters. 11,800
(KK) "Prepared clay" means a clay which THAT is plastic 11,802
and is thoroughly saturated with fresh water to a weight and 11,803
consistency great enough to settle through the salt water in the 11,804
well in which it is to be used, except as otherwise approved by 11,805
the chief of the division of mines and reclamation in exceptional 11,806
cases.
(LL) "Rock sediment" means the combined cuttings and 11,808
residue from drilling sedimentary rocks and formations, commonly 11,809
known as sand pumpings. 11,810
(MM) "Accessible travel route" means an unobstructed 11,812
passageway not less than twenty-four inches wide with reflective 11,813
materials at intervals so as to be visible to persons using the 11,814
passageway. 11,815
(NN) "Longwall working face" means a working face in a 11,817
coal mine in which work extracting coal from its natural deposit 11,818
in the earth is performed during a mining cycle by longwall 11,819
mining. 11,820
(OO) "Longwall working section" means all areas from and 11,822
including the section transformer to and including the longwall 11,823
working face. 11,824
(PP) "Longwall mining" means a system of mining designed 11,826
for full pillar extraction that minimizes the possibility of 11,827
outburst or squeezes and allows total caving of the main roof in 11,828
the pillar area. 11,829
Sec. 1561.02. The division of mines and reclamation 11,838
MINERAL RESOURCES MANAGEMENT has jurisdiction over all mines and 11,840
quarries located in the state, and shall exercise such
supervision over them and their development and operation as is 11,841
provided by law.
Sec. 1561.03. The chief of the division of mines and 11,851
reclamation MINERAL RESOURCES MANAGEMENT shall enforce and 11,852
270
supervise the execution of all laws enacted for the health and 11,853
safety of persons and the protection and conservation of property 11,854
within, about, or in connection with mines, mining, and quarries, 11,855
and for such purpose shall adopt, publish, and enforce necessary 11,856
rules not inconsistent with the mining laws of this state. 11,857
Sec. 1561.04. The chief of the division of mines and 11,866
reclamation MINERAL RESOURCES MANAGEMENT shall annually make a 11,868
report to the governor, which shall include:
(A) A summary of the activities and of the reports of the 11,870
deputy mine inspectors; 11,871
(B) A statement of the condition and the operation of the 11,873
mines of the state; 11,874
(C) A statement of the number of accidents in and about 11,876
the mines, the manner in which they occurred, and any other data 11,877
and facts bearing upon the prevention of accidents and the 11,878
preservation of life, health, and property, and any suggestions 11,879
relative to the better preservation of the life, health, and 11,880
property of those engaged in the mining industry. 11,881
The records of the bureau of workers' compensation shall be 11,883
available to the chief for information concerning such a report. 11,884
He THE CHIEF shall send by mail to each coal operator in the 11,885
state, to a duly designated representative of the miners at each 11,887
mine, and to such other persons as he THE CHIEF deems proper, a 11,888
copy of such report. He THE CHIEF may have as many copies of 11,889
such report printed as are needed to make the distribution 11,890
thereof as provided in this section. 11,891
The chief shall also prepare and publish for public 11,893
distribution quarterly reports, including therein information 11,894
relative to the items enumerated in this section that is 11,895
pertinent or available at such times. 11,896
Sec. 1561.05. The laws relating to mines and mining and 11,905
duties and functions of the division of mines and reclamation 11,906
MINERAL RESOURCES MANAGEMENT shall be administered by the chief 11,907
of the division of mines and reclamation MINERAL RESOURCES 11,908
271
MANAGEMENT, and through and by deputy mine inspectors. If a 11,910
vacancy occurs in the office of a deputy mine inspector, it may 11,911
be filled by the chief, who shall select a qualified person from 11,912
the eligible list certified to him THE CHIEF by the mine
examining board for deputy mine inspectors. 11,914
Sec. 1561.06. The chief of the division of mines and 11,923
reclamation MINERAL RESOURCES MANAGEMENT shall designate the 11,924
townships in which mineable or quarryable coal or other mineral 11,925
is or may be mined or quarried, which townships shall be 11,926
considered coal or mineral bearing townships. He THE CHIEF shall 11,927
divide the coal or other mineral bearing townships into such 11,928
districts as he THE CHIEF deems best for inspection purposes, and 11,929
he THE CHIEF may change such districts whenever, in his THE 11,930
CHIEF'S judgment, the best interests of the service require. 11,931
The chief shall designate as provided in this section as 11,933
coal or mineral bearing townships those townships in which coal 11,934
is being mined or in which coal is found in such thickness as to 11,935
make the mining of such coal or mineral probable at some future 11,936
time, and shall designate such township as a unit. As used in 11,937
this chapter and Chapters 1563., 1565., and 1567. of the Revised 11,938
Code, "coal or mineral bearing township" means a township which 11,939
THAT has been so designated by the chief under this section. 11,940
The chief shall also designate the townships in which coal 11,942
is being mined or in which coal is found in such thickness as to 11,943
make the mining of such coal probable at some future time as 11,944
"coal bearing townships" as such term is used in Chapter 1509. of 11,945
the Revised Code. The chief shall certify to the chief of the 11,947
division of oil and gas the townships which he has so designated
as coal bearing townships. 11,948
Sec. 1561.07. The mining laws of this state shall extend 11,957
to and govern the operation af OF clay mines and clay stripping 11,958
pits in so far as such laws are applicable thereto. The chief of 11,960
the division of mines and reclamation MINERAL RESOURCES 11,961
MANAGEMENT shall adopt, publish, and enforce specific rules 11,962
272
particularly applicable to clay mining operations to safeguard 11,963
life and property in the clay mining industry and to secure safe 11,965
and sanitary working conditions in such clay mines and clay
stripping pits. 11,966
Such rules adopted by the chief shall provide that: 11,968
(A) Distances between break-throughs in clay mines shall 11,970
not exceed one hundred feet, unless permission in special cases 11,971
is granted by the chief, after maps have been filed with him THE 11,972
CHIEF showing the method of working and ventilating the same, if 11,973
such distances would add to increased safety;. 11,974
(B) When, in the opinion of the mine foreman FOREPERSON or 11,976
deputy mine inspector, line brattices or other approved methods 11,978
of circulation are necessary to deliver sufficient air to the 11,979
working face, they shall be provided by the owner, operator, or 11,980
lessee;.
(C) Not more than a two days' supply of explosives shall 11,982
be stored in a clay mine at any one time, and not more than one 11,983
hundred pounds of explosives shall be stored in any one place at 11,984
any one time;.
(D) Charges of explosives shall be made up at least one 11,986
hundred feet away from any storage place for explosives;. 11,987
(E) There shall be no less than two persons in each 11,989
working place when shots are being lighted;. 11,990
(F) Misfired shots in clay mines shall be posted on the 11,992
bulletin board or other conspicuous place available for 11,993
examination by the workers when shots are fired by other than the 11,994
loaders;.
(G) The use of electric blasting caps shall be encouraged 11,996
as a safety measure. 11,997
The chief, in assigning deputy mine inspectors, shall 11,999
designate inspectors who have had experience and are especially 12,000
qualified in clay mining operations, to examine and inspect clay 12,001
mining operations and enforce the law relating to such 12,002
operations.
273
The mine examining board, in conducting examinations and 12,004
issuing certificates for mine foremen FOREPERSONS, shall in its 12,005
rules and regulations provide for the examination of applicants 12,007
for certificates as mine foremen FOREPERSONS in a clay mine or 12,008
clay stripping pits to test the applicant on experience and 12,009
fitness on the problems and duties peculiar to the clay mining 12,010
industry. An applicant for a certificate as a clay mine foreman 12,011
FOREPERSON shall have at least three years' experience in mining 12,013
operations.
Sec. 1561.10. (A) There is hereby created in the division 12,022
of mines and reclamation MINERAL RESOURCES MANAGEMENT the mine 12,024
examining board consisting of five members to be appointed by the 12,026
governor with the advice and consent of the senate. Terms of 12,027
office shall be for three years, commencing on the eleventh day 12,028
of September and ending on the tenth day of September. Each 12,029
member shall hold office from the date of appointment until the 12,030
end of the term for which the member was appointed. Vacancies 12,031
shall be filled by appointment by the governor. Any member 12,033
appointed to fill a vacancy occurring prior to the expiration of 12,034
the term for which the member's predecessor was appointed shall 12,036
hold office for the remainder of that term. Any member shall 12,037
continue in office subsequent to the expiration date of the 12,038
member's term until the member's successor takes office, or until 12,039
a period of sixty days has elapsed, whichever occurs first. The 12,040
governor may remove any member of the board for misconduct, 12,041
incompetency, neglect of duty, or any other sufficient cause. 12,042
One of the appointees to the board shall be a person who, 12,046
because of previous vocation, employment, or affiliation, can be 12,047
classed as a representative of the owner, operator, or lessee of 12,048
a coal mine. Prior to making the appointment, the governor shall 12,049
request the major trade association in this state that represents 12,051
owners, operators, or lessees of coal mines to submit to the 12,052
governor the names and qualifications of three nominees. The 12,053
governor shall appoint one of the nominees to the board. Except 12,054
274
as otherwise provided in this division, the nominees shall have 12,055
not less than five years of practical experience in the coal 12,056
mining industry in positions in which they developed competence 12,057
in the topics of mine health andsafety AND SAFETY. The major 12,058
trade association shall represent a membership that produced a
larger quantity of coal mined in this state than the membership 12,059
of any other trade association in the year prior to the year in 12,060
which the appointment is made. 12,061
One of the appointees shall be a person who, because of 12,063
previous vocation, employment, or affiliation, can be classed as 12,064
a representative of the owner, operator, or lessee of an 12,065
aggregates mine. Prior to making the appointment, the governor 12,066
shall request the major trade association in this state that 12,067
represents owners, operators, or lessees of aggregates mines to 12,068
submit to the governor the names and qualifications of three 12,069
nominees. The governor shall appoint one of the nominees to the 12,070
board. Except as otherwise provided in this division, the 12,071
nominees shall have not less than five years of practical 12,072
experience in the aggregates mining industry in positions in 12,073
which they developed competence in the topics of mine health and 12,074
safety. The major trade association shall represent a membership 12,075
that produced a larger quantity of aggregates mined in this state 12,076
than the membership of any other trade association in the year 12,077
prior to the year in which the appointment is made. 12,078
One of the appointees shall be a person who, because of 12,081
previous vocation, employment, or affiliation, can be classed as 12,082
a representative of employees currently engaged in coal mining 12,084
operations. Prior to making the appointment, the governor shall 12,085
request the highest ranking officer in the major employee 12,086
organization representing coal miners in this state to submit to 12,087
the governor the names and qualifications of three nominees. The 12,089
governor shall appoint one of the nominees to the board. Except 12,090
as otherwise provided in this division, the nominees shall have 12,091
not less than five years of practical experience in dealing with 12,092
275
mine health and safety issues and at the time of the nomination 12,093
shall be employed in positions that involve the protection of the 12,094
health and safety of miners. The major employee organization 12,095
representing coal miners shall represent a membership consisting 12,096
of the largest number of coal miners in this state compared to 12,097
other employee organizations in the year prior to the year in 12,098
which the appointment is made. 12,099
One of the appointees shall be a person who, because of 12,101
previous vocation, employment, or affiliation, can be classed as 12,102
a representative of employees currently engaged in aggregates 12,103
mining operations. Prior to making the appointment, the governor 12,104
shall request the highest ranking officer in the major employee 12,105
organization representing aggregates miners in this state to
submit to the governor the names and qualifications of three 12,106
nominees. The governor shall appoint one of the nominees to the 12,107
board. Except as otherwise provided in this division, the 12,108
nominees shall have not less than five years of practical 12,110
experience in dealing with mine health and safety issues and at 12,111
the time of the nomination shall be employed in positons 12,112
POSITIONS that involve the protection of the health and safety of 12,113
miners. The major employee organization representing aggregates 12,114
miners shall represent a membership consisting of the largest 12,115
number of aggregates miners in this state compared to other 12,116
employee organizations in the year prior to the year in which the 12,117
appointment is made.
One of the appointees shall be a person who can be classed 12,120
as a representative of the public. Except as otherwise provided 12,121
in this division, the appointee shall have not less than five 12,122
years of technical, practical experience in either the field of 12,123
mine health and safety or occupational health and safety, or 12,124
both. For a period of three years prior to the appointment, the 12,125
appointee shall not have been employed in the mining industry. 12,126
An appointee who has received a bachelor's degree in mining 12,129
engineering or technology need not have at least five years of 12,130
276
practical experience as otherwise provided in this division, but 12,131
shall have a total of not less than three years of practical 12,132
experience in the mining industry in a position that provided the 12,134
person with practical knowledge of mine health and safety.
Not more than three of the members of the board shall 12,137
belong to the same political party. The chief of the division of 12,139
mines and reclamation MINERAL RESOURCES MANAGEMENT or the chief's 12,140
designee shall be ex officio secretary to the board. 12,141
(B) The board shall have full power to do both of the 12,143
following: 12,144
(1) Adopt and enforce reasonable rules relative to the 12,147
exercise of its powers and proper rules to govern its proceedings 12,148
and to regulate the manner of appeals; 12,149
(2) Employ experts, advisors, and secretarial, clerical, 12,152
stenographic, and other employees.
(C) Each member of the board shall receive a salary fixed 12,154
pursuant to division (J) of section 124.15 of the Revised Code 12,155
when actually performing official duties, and, in addition to a 12,157
salary, each member shall be reimbursed for all actual and 12,159
necessary travel and incidental expenses incurred in carrying out 12,160
official duties. 12,161
(D) The board shall elect from its members a chairperson 12,164
and vice-chairperson. A quorum of the board shall consist of not 12,166
less than three members, and no action at any meeting shall be 12,168
taken unless at least three votes are in accord. The secretary 12,169
of the board shall keep a true and complete record of all the 12,171
proceedings of the board. With the approval of the board, the 12,172
secretary may employ clerical assistants. The board shall adopt 12,173
all necessary rules and bylaws to govern its times and places of 12,175
meetings, for organization and reorganization, for holding all 12,176
examinations, and for governing all other matters requisite to 12,177
the exercise of its powers, the performance of its duties, and 12,178
the transaction of its business under this chapter and Chapters 12,179
1509., 1563., 1565., and 1567. of the Revised Code. The board
277
shall adopt and have an official seal. 12,180
(E) Each member of the board shall complete the annual 12,183
refresher training required for miners under 30 C.F.R. 48.8 12,185
(1997). In addition to the annual refresher training, each
member shall complete twenty-four hours of continuing education 12,186
during each member's three-year term of office on the topics of 12,187
mining technology and laws governing mining health and safety. 12,189
Sec. 1561.13. The mine examining board shall conduct 12,198
examinations for offices and positions in the division of mines 12,199
MINERAL RESOURCES MANAGEMENT, and for mine foremen FOREPERSONS, 12,201
mine electricians, shot firers, surface mine blasters, and fire 12,202
bosses, as follows:
(A) Division of mines and reclamation MINERAL RESOURCES 12,204
MANAGEMENT: 12,205
(1) Deputy mine inspectors of underground mines; 12,207
(2) Deputy mine inspectors of surface mines; 12,209
(3) Electrical inspectors; 12,211
(4) Superintendent of rescue stations; 12,213
(5) Assistant superintendents of rescue stations; 12,215
(6) Mine chemists at A division of mines laboratory IF THE 12,217
CHIEF OF THE DIVISION OF MINERAL RESOURCES MANAGEMENT CHOOSES TO 12,218
OPERATE A LABORATORY; 12,219
(7) Gas storage well inspector. 12,221
(B) Mine foremen FOREPERSONS: 12,223
(1) Mine foreman FOREPERSON of gaseous mines; 12,225
(2) Mine foreman FOREPERSON of nongaseous mines; 12,227
(3) Mine foreman FOREPERSON of surface mines. 12,229
(C) Foremen FOREPERSONS: 12,231
(1) Foreman FOREPERSON of gaseous mines; 12,233
(2) Foreman FOREPERSON of nongaseous mines; 12,235
(3) Foreman FOREPERSON of surface maintenance facilities 12,237
at underground or surface mines; 12,238
(4) Foreman FOREPERSON of surface mines. 12,240
(D) Fire bosses. 12,242
278
(E) Mine electricians. 12,244
(F) Surface mine blasters. 12,246
(G) Shot firers. 12,248
The board shall hold such meetings as are necessary for the 12,250
proper discharge of its duties. 12,251
The board shall meet annually at the capitol, as prescribed 12,253
by its rules, for the examination of candidates for appointment 12,254
or promotion as deputy mine inspectors and such other positions 12,255
and offices set forth in division (A) of this section as are 12,256
necessary. Special examinations may be held whenever it becomes 12,257
necessary to make appointments to any of those positions. 12,258
For the examination of persons seeking certificates of 12,260
competency as mine foremen FOREPERSONS, foremen FOREPERSONS, mine 12,261
electricians, shot firers, surface mine blasters, and fire 12,262
bosses, the board shall hold meetings, quarterly or more often as 12,263
required, at such times and places within the state as shall, in 12,264
the judgment of the members, afford the best facilities to the 12,265
greatest number of applicants. Public notice shall be given 12,266
through the press or otherwise, not less than ten days in 12,267
advance, announcing the time and place at which examinations 12,268
under this section are to be held. 12,269
The examinations provided for in this section shall be 12,271
conducted under rules and conditions prescribed by the board. 12,272
Such rules shall be made a part of the permanent record of the 12,273
board, and such of them as relate to particular candidates shall, 12,274
upon application of any candidate, be furnished to him THE 12,275
CANDIDATE by the board; they shall also be of uniform application 12,277
to all candidates in the several groups. 12,278
Sec. 1561.26. (A) As used in this section, "EMT-basic," 12,289
"EMT-I," and "paramedic" have the same meanings as in section
4765.01 of the Revised Code. 12,291
(B) The superintendent of rescue stations, with the 12,293
approval of the chief of the division of mines and reclamation 12,294
MINERAL RESOURCES MANAGEMENT, shall, at each rescue station 12,295
279
provided for in section 1561.25 of the Revised Code, train and 12,296
employ rescue crews of six members each, one of whom shall hold a 12,297
mine foreman FOREPERSON or fire boss certificate and be 12,298
designated captain, and train and employ any number of such 12,300
rescue crews as he THE SUPERINTENDENT believes necessary. One 12,301
member of a rescue crew shall be certified as an EMT-basic, 12,302
EMT-I, or paramedic. Each member of a rescue crew shall devote 12,304
the time specified by the chief each month for training purposes 12,305
and shall be available at all times to assist in rescue work at 12,306
explosions, mine fires, and other emergencies. 12,307
A captain of mine rescue crews shall receive for service as 12,310
captain the sum of twenty-four dollars per month, and each member 12,312
shall receive the sum of twenty dollars per month, all payable on 12,313
requisition approved by the chief. When engaged in rescue work 12,314
at explosions, mine fires, or other emergencies away from their 12,315
station, the members of the rescue crews and captains of the same 12,316
shall be paid the sum of six dollars per hour for work on the 12,317
surface, which includes the time consumed by such members in 12,319
traveling to and from the scene of such emergency when such scene 12,320
is away from the station of such members, and the sum of seven 12,321
dollars per hour for all work underground at such emergency, and 12,322
in addition thereto, the necessary living expenses of such 12,323
members when such emergency is away from their home station, all 12,324
payable on requisition approved by the chief. 12,325
Each member of a mine rescue crew shall undergo an annual 12,327
medical examination by a doctor designated by the chief. In 12,328
designating such doctor, the chief shall choose one near to the 12,329
station of the member of such rescue crews. Such doctor shall 12,331
report his THE DOCTOR'S findings to the chief and if, in the 12,332
opinion of the chief, such report indicates that such member is 12,333
physically unfit for further services, the chief shall relieve 12,334
him THE MEMBER from further duty. The fee charged by such doctor 12,335
for such examination shall be paid in the same manner as fees are 12,336
paid to doctors employed by the industrial commission for special 12,337
280
medical examinations. 12,338
The chief may remove any member of a rescue crew for any 12,340
reason. Such crews shall be subject to the orders of the chief, 12,341
the superintendent, and the deputy mine inspectors when engaged 12,342
in actual mine rescue work. Mine rescue crews shall, in case of 12,343
death or injury when engaged in rescue work, wherever the same 12,344
may occur, be paid compensation, or their dependents shall be 12,345
paid death benefits, from the workers' compensation fund, in the 12,346
same manner as other employees of the state. 12,347
(C) In addition to the training of rescue crews, each 12,349
assistant superintendent of rescue stations, with the approval of 12,350
the superintendent, shall provide for and conduct safety, first 12,351
aid, and rescue classes at any mine or for any group of miners 12,352
who make application for the conducting of such classes. 12,353
The superintendent shall prescribe and provide for a 12,355
uniform schedule of conducting such safety and rescue classes as 12,356
will provide a competent knowledge of modern safety and rescue 12,357
methods in, at, and about mines. 12,358
Sec. 1561.27. The A division of mines and reclamation 12,367
MINERAL RESOURCES MANAGEMENT laboratory, equipped for making 12,369
proper chemical tests of the air, gases, and coal and mine dust, 12,370
together with research, experimental work, and other things, 12,371
proper, necessary, or appurtenant to the inspection of mines, and 12,372
quarries, and to the administration of this chapter and Chapters 12,373
1509., 1563., 1565., and 1567. of the Revised Code, shall be 12,375
operated by, and under the direction and control of, the chief of
the division of mines and reclamation MINERAL RESOURCES 12,376
MANAGEMENT. He THE CHIEF shall employ not more than three 12,378
chemists, and such clerical help as conditions require. The 12,379
necessary equipment and supplies to maintain such laboratory 12,381
shall be supplied by the chief.
Sec. 1561.28. The chief of the division of mines and 12,390
reclamation MINERAL RESOURCES MANAGEMENT shall designate one of 12,392
the chemists, provided for in section 1561.27 of the Revised 12,393
281
Code, to be in charge of and supervise and direct the work of the 12,394
A mine laboratory OPERATED UNDER THAT SECTION. The chemists 12,395
shall make proper chemical tests of samples of mine air, gases, 12,397
and coal and mine dust, and keep a permanent record of the same 12,398
showing the date, time, and place where taken, the results of the 12,399
test and analysis, and any further data that is proper, 12,400
necessary, and pertinent to the inspection of mines. They shall 12,401
conduct such research and experimental work and tests as will 12,402
provide for better working, health, and safety conditions in the 12,403
mines and quarries, and will aid in the development and 12,404
furtherance of such industries.
Sec. 1561.31. Each deputy mine inspector shall inspect 12,413
each mine in the inspector's district, the owner, lessee, agent, 12,414
or operator of which is an employer as defined in section 4123.01 12,416
of the Revised Code, or any other mine at which three or more 12,418
persons work, at intervals not exceeding three months between 12,419
inspections, and all other mines in the inspector's district as 12,420
often as practical, noting particularly the location and 12,421
condition of buildings, the condition of the boiler, machinery, 12,422
workings of the mine, the traveling ways and haulageways, the 12,423
circulation and condition of the air and drainage, and the 12,424
condition of electrical circuits and appliances. The inspector 12,425
shall make tests for poisonous, explosive, and noxious gases, and 12,426
shall specifically order compliance with any section of THIS 12,427
CHAPTER AND Chapters 1561., 1563., 1565., AND 1567., and sections 12,429
1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, and 1509.18 12,430
of the Revised Code which THAT the inspector finds is being 12,433
violated.
Upon completion of the inspection of a mine, the inspector 12,435
shall fill out a report of the conditions found during 12,436
inspections on a form provided by the chief of the division of 12,437
mines and reclamation MINERAL RESOURCES MANAGEMENT, which form 12,438
shall provide for statements as to whether the laws are being 12,440
observed or violated, and if violated, the nature and extent 12,441
282
thereof, the date of the inspection, the number of persons 12,442
employed in and about the mine, whether or not a certificate of 12,443
compliance issued pursuant to section 4123.35 of the Revised Code 12,446
is posted and the date of expiration thereof, and matters, 12,447
things, and practices that specifically are covered by law, order 12,448
of the chief, or previous order of the inspector. The inspector 12,449
shall make this report in quadruplicate or quintuplicate, and 12,450
send the original to the chief, post a copy at the mine, give a 12,451
copy to the mine superintendent, and retain a copy for the 12,452
inspector's files. Where the miners of a mine have a mine safety 12,453
committee, the inspector shall post one additional copy of the 12,454
report of that mine at that mine for the use and possession of 12,455
the committee. The report required by this section shall be 12,456
known as the inspector's routine report. 12,457
If an inspector orders compliance with THIS CHAPTER AND 12,460
Chapters 1561., 1563., 1565., AND 1567., and sections 1509.09, 12,461
1509.12, 1509.13, 1509.14, 1509.15, 1509.17, and 1509.18 of the 12,462
Revised Code, and is assured by the superintendent of the mine to 12,463
which the order applies that the order will be complied with, the 12,464
inspector shall revisit the mine within a reasonable period of 12,465
time and ascertain whether or not the order has been complied 12,466
with. The inspector shall report the inspector's findings to the 12,467
chief on a form to be provided by the chief, and take action to 12,468
enforce compliance. 12,469
Sec. 1561.32. The electrical inspectors shall examine 12,478
surface and underground electrical installations at all mines for 12,479
fire, shock, and explosion hazards, and for compliance with the 12,480
electrical regulations REQUIREMENTS of this chapter and Chapters 12,481
1563., 1565., and 1567. of the Revised Code, at least once each 12,483
year. In gaseous mines such examinations shall be made of all 12,484
underground installations at least once each six months. A 12,485
written report of each examination shall be made to the owner, 12,486
lessee, or agent of the mine, and to the chief of the division of 12,487
mines and reclamation MINERAL RESOURCES MANAGEMENT, through the 12,488
283
deputy mine inspector of the district in which the examination 12,489
has been made. These inspection reports shall be handled in the 12,490
same manner as are the reports of the deputy mine inspector. 12,491
No owner, lessee, agent, or operator of a mine shall 12,493
willfully PURPOSELY refuse or neglect to comply with this 12,494
section. 12,495
Sec. 1561.33. On or before each Monday, each deputy mine 12,504
inspector shall file in the office of the chief of the division 12,505
of mines and reclamation MINERAL RESOURCES MANAGEMENT a record 12,506
showing the number of mines in the district examined by him THE 12,507
DEPUTY MINE INSPECTOR during the preceding week, the number of 12,508
persons employed in and about such mines, the date of each 12,509
examination, the condition of each mine examined, whether the 12,510
laws relating to mines and mining are being observed or violated, 12,511
and if violated, the nature and extent of such violations, the 12,512
progress made in safeguarding the lives and protecting the health 12,513
of the employees in and about the mines, and other facts of 12,514
public interest concerning the condition of mines and the
development and progress in mining. 12,515
Sec. 1561.34. If a deputy mine inspector finds danger of 12,524
an imminent and extraordinary character in any mine he, THE 12,525
DEPUTY MINE INSPECTOR shall immediately take steps to safeguard 12,527
the employees, notify the superintendent, the mine foreman 12,529
FOREPERSON, or any other person in charge of employees at once of 12,531
the condition he THE DEPUTY MINE INSPECTOR has found, and require 12,532
them to exercise their authority to remedy the situation; in all 12,533
such instances, he THE DEPUTY MINE INSPECTOR shall stop all 12,534
workings in the particular section in which he THE DEPUTY MINE 12,536
INSPECTOR found the dangerous condition, or the entire mine if 12,538
necessary, until the condition found is remedied. Before leaving 12,539
the mine property, he THE DEPUTY MINE INSPECTOR shall make a 12,540
report in writing setting forth clearly the dangerous conditions 12,541
of imminent and extraordinary character found, the steps taken by 12,542
him THE DEPUTY MINE INSPECTOR to safeguard the employees, and 12,543
284
confirming the orders or instructions given to the 12,544
superintendent, mine foreman FOREPERSON, or other person in 12,545
charge of employees. He THE DEPUTY MINE INSPECTOR shall make 12,546
this report in quadruplicate or quintuplicate, sending the 12,548
original at once to the chief of the division of mines and 12,549
reclamation MINERAL RESOURCES MANAGEMENT, giving a copy to the 12,550
mine superintendent, posting one on the bulletin board of the 12,551
mine, and retaining a copy for his THE DEPUTY MINE INSPECTOR'S 12,552
files. Where the miners have a mine safety committee, he THE 12,553
DEPUTY MINE INSPECTOR shall post one additional copy on the mine 12,554
bulletin board for the use and possession of the committee. This 12,555
report shall be known as his THE DEPUTY MINE INSPECTOR'S 12,556
emergency report. 12,558
Sec. 1561.35. If the deputy mine inspector finds that any 12,567
matter, thing, or practice connected with any mine and not 12,568
prohibited specifically by law is dangerous or hazardous, or that 12,570
from a rigid enforcement of this chapter and Chapters 1509.,
1563., 1565., and 1567. of the Revised Code, the matter, thing, 12,572
or practice would become dangerous and hazardous so as to tend to 12,573
the bodily injury of any person, the deputy mine inspector 12,574
forthwith shall give notice in writing to the owner, lessee, or 12,576
agent of the mine of the particulars in which the deputy mine 12,577
inspector considers the mine or any matter, thing, or practice 12,579
connected therewith is dangerous or hazardous and recommend 12,580
changes that the conditions require, and forthwith shall mail a 12,581
copy of the report and the deputy mine inspector's 12,583
recommendations to the chief of the division of mines and 12,584
reclamation MINERAL RESOURCES MANAGEMENT. Upon receipt of the 12,585
report and recommendations, the chief forthwith shall make a 12,587
finding thereon and mail a copy to the owner, operator, lessee, 12,588
or agent of the mine, and to the deputy mine inspector; a copy of 12,589
the finding of the chief shall be posted upon the bulletin board 12,590
of the mine. Where the miners have a mine safety committee, one 12,591
additional copy shall be posted on the bulletin board for the use 12,592
285
and possession of the committee. 12,593
The owner, operator, lessee, or agent of the mine, or the 12,595
authorized representative of the workers of the mine, within ten 12,597
days may appeal to the mine examining board for a review and 12,598
redetermination of the finding of the chief in the matter in 12,600
accordance with section 1561.53 of the Revised Code. A copy of 12,601
the decision of the board shall be mailed as required by this 12,603
section for the mailing of the finding by the chief on the deputy 12,604
mine inspector's report.
Sec. 1561.351. A deputy mine inspector who makes a finding 12,613
concerning a violation of this chapter or Chapter 1563., 1565., 12,615
or 1567. or section 1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 12,616
1509.17, or 1509.18 of the Revised Code that involves mining 12,617
safety shall notify the chief of the division of mines and 12,618
reclamation MINERAL RESOURCES MANAGEMENT of the finding. The 12,619
chief shall review the inspector's finding, make a written 12,621
determination regarding it, and provide a copy of the written 12,622
determination to the owner, operator, lessee, or agent of the 12,623
mine involved. The chief shall provide a copy of the written 12,624
determination to any other interested party upon request.
A person, such as an owner, operator, lessee, or agent of 12,627
the mine or the authorized representative of the workers of the 12,628
mine, who has an interest that is or may be adversely affected by 12,629
the chief's determination may appeal the determination, not later 12,630
than ten days after receiving notice of the determination, to the 12,631
mine examining board by filing a copy of the chief's written 12,632
determination with the board. The board shall hear the appeal in 12,633
accordance with section 1561.53 of the Revised Code. 12,634
Sec. 1561.36. Upon being notified by the owner, lessee, or 12,643
agent of a mine, or by a deputy mine inspector, that a major 12,644
accident, causing injury to persons or property, has occurred at 12,645
a mine within his THE jurisdiction OF THE CHIEF OF THE DIVISION 12,646
OF MINERAL RESOURCES MANAGEMENT, the chief of the division of 12,647
mines and reclamation shall go, and may order one or more of the 12,649
286
deputy mine inspectors to go, at once to such mine, inquire into
the cause of the accident, and make a written report upon the 12,650
condition of that part of the mine wherein the accident occurred 12,651
and the cause of the accident. He THE CHIEF shall file such 12,652
report in his THE CHIEF'S office, and mail a copy thereof to the 12,653
general office of the owner, lessee, or agent of such mine. 12,654
Sec. 1561.37. When a deputy mine inspector receives notice 12,664
of the occurrence of a fatal or serious accident occurring at any 12,665
mine in his THE DEPUTY MINE INSPECTOR'S district, he THE DEPUTY 12,667
MINE INSPECTOR shall go immediately to such mine, to investigate 12,668
fully into the cause of the accident, and shall make a report 12,670
thereon to the chief of the division of mines and reclamation 12,671
MINERAL RESOURCES MANAGEMENT in writing. A copy of such report 12,673
shall be mailed to the owner, operator, lessee, or agent of such 12,674
mine. If the accident is of such a nature that the deputy mine 12,676
inspector needs assistance, he THE DEPUTY MINE INSPECTOR may 12,678
request the chief to attend or to assign additional deputy mine 12,679
inspectors to assist him THE DEPUTY MINE INSPECTOR WHO REQUESTED 12,680
ASSISTANCE.
Sec. 1561.38. In case of controversy or disagreement 12,689
between the deputy mine inspector and the owner, lessee, or agent 12,690
of a mine, or persons working therein, or in case of emergency 12,691
requiring counsel, the deputy mine inspector may call upon the 12,692
chief of the division of mines and reclamation MINERAL RESOURCES 12,693
MANAGEMENT for such assistance and counsel as is necessary. 12,694
Sec. 1561.45. Fines collected by reason of prosecutions 12,703
under this chapter and Chapters 1563., 1565., and 1567. of the 12,704
Revised Code shall be paid to the chief of the division of mines 12,705
and reclamation MINERAL RESOURCES MANAGEMENT, and by him THE 12,706
CHIEF paid into the state treasury to the credit of the mining 12,708
regulation fund created in section 1561.48 of the Revised Code. 12,709
Sec. 1561.47. If upon inspection a deputy mine inspector 12,718
or other authorized representative of the division of mines and 12,719
reclamation MINERAL RESOURCES MANAGEMENT finds any violation of 12,720
287
law, or any other conditions that constitute an imminent and 12,721
substantial threat to miners' health or safety, the chief of the 12,722
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 12,723
may issue, modify, or revoke reasonable orders requiring the 12,724
operator to abate the violation or condition within a reasonable 12,726
period of time. No operator shall violate or fail to comply with 12,727
any order issued under this section.
Sec. 1561.48. All moneys collected under sections 1561.14, 12,737
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 12,738
state treasury to the credit of the mining regulation fund, which 12,739
is hereby created. The department of natural resources shall use 12,740
the moneys in the fund to pay the operating expenses of the 12,741
division of mines and reclamation MINERAL RESOURCES MANAGEMENT. 12,742
Sec. 1561.49. The chief of the division of mines and 12,751
reclamation MINERAL RESOURCES MANAGEMENT may designate not more 12,753
than thirty deputy mine inspectors, at least one of whom shall be 12,755
classified and appointed as electrical inspector provided for in 12,756
division (B) of section 1561.12 of the Revised Code; one gas 12,757
storage well inspector; one superintendent of rescue stations; 12,758
three assistant superintendents of rescue stations; three 12,759
chemists; and such clerks, stenographers, and other employees as 12,760
are necessary for the administration of THIS CHAPTER AND Chapters 12,761
1561., 1563., 1565., 1567., and 1509. of the Revised Code. 12,762
Such officers, employees, and personnel shall be appointed 12,764
and employed under such conditions and qualifications as set 12,765
forth in such chapters.
Sec. 1561.50. When written charges of neglect of duty, 12,775
incompetency, or malfeasance in office against any deputy mine 12,776
inspector are made and filed with the chief of the division of 12,778
mines and reclamation MINERAL RESOURCES MANAGEMENT, signed by not 12,780
less than fifteen employees, or an owner, lessee, or agent of a 12,782
mine, the chief shall promptly investigate such charges and 12,784
advise in writing the complainant whose name appears first in the 12,786
288
charges, the result of such investigation.
If the mine employs less than fifteen men EMPLOYEES, such 12,789
charges shall be filed and signed by not less than fifty per cent 12,790
of the employees.
Sec. 1561.51. When written charges of neglect of duty, 12,800
incompetency, or malfeasance in office against the deputy mine 12,801
inspector are filed with the chief of the division of mines and 12,802
reclamation MINERAL RESOURCES MANAGEMENT, signed by not less than 12,803
fifteen employees, or otherwise as provided in section 1561.50 of 12,805
the Revised Code, or the owner, lessee, or agent of a mine, and 12,807
the signers of the charges are dissatisfied with the result of 12,808
the investigation made by the chief, they may appeal to the mine 12,810
examining board by filing the same charges against the deputy 12,811
mine inspector and a copy of the report of the investigation made 12,812
by the chief in the matter with the board, and the board shall 12,813
hear the appeal in accordance with section 1561.53 of the Revised 12,814
Code. The board shall mail a copy of its decision to the 12,815
complainant whose name appears first in the charges. 12,816
Sec. 1561.53. (A) As used in this section, "decision of 12,826
the chief" includes a decision, disapproval of an application to 12,827
drill a well, terms and conditions of a permit, or a suspension 12,828
order issued by the chief of the division of mines and 12,829
reclamation MINERAL RESOURCES MANAGEMENT under section 1509.08 of 12,830
the Revised Code; a finding of the chief made under section 12,831
1561.35 or 1563.13 of the Revised Code; a determination made by 12,832
the chief under section 1561.351 of the Revised Code; a report of 12,833
an investigation made by the chief under section 1561.51 of the 12,834
Revised Code; or disapproval of an application for a permit, 12,836
renewal permit, or modification issued under section 6111.044 of 12,837
the Revised Code.
(B)(1) Except as otherwise provided in division (B)(2) of 12,840
this section, the mine examining board has exclusive original 12,841
jurisdiction to hear and decide appeals made to the board under 12,842
sections 1509.06, 1509.08, 1561.35, 1561.351, 1561.51, 1563.13, 12,843
289
and 6111.044 of the Revised Code. An appeal made under those 12,844
sections does not operate as a stay of any decision of te THE 12,845
chief.
(2) Notwithstanding any other provision of law to the 12,847
contrary, from the effective date of this section NOVEMBER 24, 12,849
1999, until the date on which all members of the mine examining 12,850
board have been appointed in accordance with the qualifications 12,851
established in section 1561.10 of the Revised Code, as amended, 12,852
both of the following apply: 12,853
(a) A person, such as an owner, operator, lessee, or agent 12,856
of a mine or the authorized representative of the workers of a 12,857
mine, who has an interest that is or may be adversely affected by 12,858
a decision of the chief that involves mine health and safety may 12,859
appeal it, not later than ten days after receiving notice of the 12,860
decision, to the reclamation commission in accordance with 12,861
section 1513.13 of the Revised Code by filing a copy of the 12,862
chief's written decision with the commission. 12,863
(b) An owner, operator, lessee, or agent of a mine who 12,866
appeals a decision of the chief that involves mine health and 12,867
safety to the reclamation commission in accordance with division 12,868
(B)(2)(a) of this section, upon filing the appeal, shall provide 12,869
written notification of the appeal to the authorized 12,870
representative of the affected workers of the mine involved. The 12,872
authorized representative of the mine workers may intervene and 12,873
participate as a party to the appeal by filing a written notice 12,874
of intervention with the commission not later than ten days 12,875
following receipt of notification of the appeal. 12,876
(C) The board shall provide written notice of the time and 12,879
place of a hearing not less than five days prior to the hearing. 12,880
The hearing shall be of record.
(D) The board shall conduct hearings and render decisions 12,882
in a timely fashion and shall hear expedited appeals as required 12,883
under section 1509.08 of the Revised Code. 12,884
Whenever the board conducts a hearing, it shall prepare a 12,887
290
report setting forth its findings of fact and conclusions of law 12,888
and shall mail a copy of the report by certified mail to the
parties. A party, not later than fourteen days after receipt of 12,889
the report, may serve and file written objections to the board's 12,890
report with the secretary of the board. Objections shall be 12,891
specific and state with particularity the grounds for them. Upon 12,893
consideration of the objections, the board may adopt, reject, or 12,894
modify the report or hear additional evidence.
(E) The board shall affirm a decision of the chief unless 12,897
the board determines that it is arbitrary, capricious, or 12,898
otherwise inconsistent with law; in that case the board shall 12,899
vacate the decision of the chief and may remand it to the chief 12,900
for further proceedings that the board may direct. 12,901
(F) The chairperson of the board, under conditions that 12,904
the chairperson prescribes, may grant temporary relief that the 12,905
chairperson considers appropriate pending final determination of 12,906
an appeal if all of the following conditions are met: 12,907
(1) All parties to the appeal have been notified and given 12,910
an opportunity for a hearing to be held on the request for 12,911
temporary relief.
(2) The person requesting relief shows that there is a 12,913
substantial likelihood that the person will prevail on the 12,914
merits. 12,915
(3) The relief will not adversely affect the health or 12,917
safety of miners. 12,918
The chairperson shall issue a decision expeditiously and 12,921
promptly provide written notification of the decision to all
parties to the appeal. 12,922
Any party to an appeal filed with the board who is 12,924
aggrieved or adversely affected by a decision of the chairperson 12,925
to grant or deny temporary relief under this section may appeal 12,926
that decision to the board. The board may confine its review to 12,927
the record developed at the hearing before the chairperson. 12,929
The appeal shall be filed with the board not later than 12,931
291
thirty days after the chairperson issues the decision on the 12,932
request for temporary relief. The board shall issue a decision 12,933
as expeditiously as possible. 12,934
The board shall affirm the decision of the chairperson 12,937
granting or denying temporary relief unless it determines that 12,938
the decision is arbitrary, capricious, or otherwise inconsistent 12,939
with law.
Sec. 1561.54. For the purpose of participation in an 12,948
adjudicatory hearing conducted under section 1561.53 of the 12,949
Revised Code, the chief of the division of mines and reclamation 12,950
MINERAL RESOURCES MANAGEMENT or the mine examining board may 12,951
require the attendance of witnesses and the production of books, 12,952
records, and papers and may, and at the request of any party 12,953
shall, issue subpoenas for witnesses or subpoenas duces tecum to 12,954
compel the production of any books, records, papers, or other 12,955
material relevant to the inquiry, directed to the sheriff of each 12,956
county where the witnesses or materials are found, which 12,958
subpoenas shall be served and returned in the same manner that 12,959
subpoenas issued by courts of common pleas are served and 12,960
returned. The fees and mileage of sheriffs and witnesses shall 12,961
be the same as those allowed by the court of common pleas in 12,962
criminal cases.
In cases of disobedience or neglect of a subpoena served on 12,965
a person or the refusal of a witness to testify on any matter 12,966
regarding which the witness lawfully may be interrogated, the 12,967
court of common pleas of the county in which the disobedience, 12,968
neglect, or refusal occurs, or any judge of that court, on 12,969
application of the chief or the board or any member of the board, 12,970
shall compel obedience by attachment procedures for contempt as 12,971
in the case of disobedience of the requirements of a subpoena 12,972
issued from the court or a refusal to testify in it. 12,973
A witness at any hearing shall testify under oath or 12,975
affirmation, which the chief or any member of the board shall 12,976
administer. 12,977
292
Sec. 1561.99. Whoever violates any section of this chapter 12,986
or any order of the chief of the division of mines and 12,987
reclamation MINERAL RESOURCES MANAGEMENT is guilty of a minor 12,988
misdemeanor. 12,989
Sec. 1563.04. The operator of each underground mine shall 12,998
have a survey made whenever the workings of said THE mine have 12,999
extended four hundred feet in any direction from the point shown 13,000
on the map by the last survey of such mine, but not oftener MORE 13,001
OFTEN than once every six months, or whenever such mine is to be 13,002
abandoned or shut down for a sufficient period of time to make it 13,003
impossible to survey the working faces as prescribed by this 13,004
section because of the caving of the roof. Such surveys shall be 13,005
accurately plotted on the original map of the mine as prescribed 13,006
for in section 1563.03 of the Revised Code. A copy of such map 13,008
with the latest survey plotted thereon shall be kept at such 13,009
mine, available for the use of the chief of the division of mines 13,011
and reclamation MINERAL RESOURCES MANAGEMENT, and the deputy mine 13,012
inspectors, and available for inspection by the employees at all 13,014
reasonable times, and a copy of the same shall be promptly 13,015
forwarded to the chief, with the certificate of the engineer 13,016
making same and of the superintendent or mine foreman FOREPERSON 13,017
in charge of the mine at the time of the survey, acknowledged 13,018
before a notary public or other officer empowered to administer 13,019
oaths, in the following form:
"I, the undersigned, hereby certify that this map is 13,021
correct and shows all the information required by section 1563.03 13,023
of the Revised Code and covers the period ending ................ 13,024
................................................................. 13,025
............................. 13,027
Engineer 13,029
Acknowledged before me a .................................. 13,031
............ this .................day of........................ 13,032
............................. 13,034
I, the undersigned, hereby certify that I am mine foreman 13,036
293
FOREPERSON at the mine represented by this map and to the best of 13,037
my knowledge and belief the same correctly represents the 13,038
excavations of the mine for the period ending.................... 13,039
............................. 13,041
Mine Foreman FOREPERSON 13,043
Acknowledged before me a .................................. 13,045
.............this .................day of........................ 13,047
............................" 13,049
The operator of a mine shall file, at least annually, a map 13,051
of the same with the chief, so certified. 13,052
No operator of a mine shall refuse or neglect to comply 13,054
with this section. 13,055
Sec. 1563.05. Upon the refusal or neglect of the owner, 13,065
lessee, or agent of the mine to make and file a map or any 13,066
addition thereto, as required by sections 1563.03, 1563.04, and 13,067
1563.42 of the Revised Code, within sixty days after being 13,069
directed to do so by the chief of the division of mines and 13,070
reclamation MINERAL RESOURCES MANAGEMENT, the chief may cause 13,072
such map or addition thereto to be made in duplicate at the
expense of such owner, lessee, or agent, the cost of which shall 13,073
be recoverable against such owner, lessee, or agent in the name 13,074
of the chief of the division of mines and reclamation, in any 13,075
court of competent jurisdiction in the county in which such mine 13,076
is located, or in Franklin county.
Sec. 1563.06. For the purpose of making the examinations 13,086
provided for in this chapter and Chapters 1509., 1561., 1565., 13,088
and 1567. of the Revised Code, the chief of the division of mines 13,089
and reclamation MINERAL RESOURCES MANAGEMENT, and each deputy 13,090
mine inspector, may enter any mine at A reasonable time, by day 13,092
or by night, but in such manner as will not necessarily impede 13,094
the working of the mine, and the owner, lessee, or agent thereof 13,096
shall furnish the means necessary for such entry and examination. 13,097
Sec. 1563.11. (A) Unless a permit has been issued by the 13,106
director of transportation, or the board of county commissioners, 13,107
294
or the board of township trustees, or such other public authority 13,108
that is charged by law with the maintenance of a public road, and 13,109
the approval of the chief of the division of mines and 13,110
reclamation in the department of natural resources MINERAL 13,111
RESOURCES MANAGEMENT has been obtained, no person, firm, or 13,113
corporation, engaged in mining or quarrying any mineral, coal, 13,114
stone, or clay, shall:
(1) Extend any part of an open pit excavation closer than 13,116
fifty feet of horizontal distance to any part of a public road; 13,117
(2) Deposit mine refuse or removed overburden: 13,119
(a) Closer to a public road than a line parallel to the 13,121
boundary line of such road and fifty feet of horizontal distance 13,122
away from such road and at the same elevation as the elevation of 13,123
the crown of such road; 13,124
(b) Higher than a line beginning at a point fifty feet of 13,126
horizontal distance away from such road and at the same elevation 13,127
as the elevation of the crown of such road, and extending from 13,128
such beginning point upward and away from such road at an angle 13,129
of forty degrees from the horizontal plane. 13,130
Any person, firm, or corporation desiring such a permit 13,132
shall apply in writing therefor to the proper public authority, 13,133
and shall describe in such application the excavating or 13,134
depositing of mine refuse or removed overburden which THAT it 13,135
will do and for which it requests a permit. The applicant shall 13,137
also furnish such public authority with such additional data and 13,138
information concerning such work as such public authority may 13,139
request and which THAT shall be relevant, in making the 13,140
determination which THAT such public authority is required to 13,142
make as to the amount of bond or other security the applicant 13,144
shall be required to deposit before such a permit is issued to 13,145
the applicant.
Upon receipt of such an application such public authority 13,147
shall promptly consider what damage, if any, may be done to such 13,148
public highway by the excavating or depositing of mine refuse or 13,149
295
removed overburden for which the permit is requested, and 13,150
estimate the reasonable cost of repairing such damage, if any 13,151
should occur, and fix the amount of such estimate of cost as the 13,152
amount of bond or other security which THAT the applicant shall 13,153
deposit with such public authority upon issuance of the permit 13,154
requested, to ensure payment of the cost of repairing any such 13,155
damage which THAT might occur. Such public authority shall 13,156
promptly notify the applicant of the amount of bond or other 13,158
security it has so fixed. 13,159
Upon approval of the chief of the division of mines and 13,161
reclamation and deposit with the public authority of a surety 13,162
bond signed by the applicant as principal, and by a surety 13,163
company authorized to transact business in this state as surety, 13,164
or of cash or other security satisfactory to such public 13,165
authority, in the amount fixed by such authority, and conditioned 13,166
upon the payment to such public authority by applicant of the 13,167
cost of repairing any damage to such public road occurring as a 13,168
result of the excavating or depositing of mine refuse or removed 13,169
overburden for which the permit was issued, the public authority 13,170
shall issue to the applicant the permit for which THE applicant 13,171
applied.
If, at the end of three years after such excavation or 13,173
deposit of mine refuse or removed overburden is made, the 13,174
licensee shall have paid or caused to be paid all cost of 13,175
repairing any damage to such public road occurring within such 13,176
time as a result of such excavating or depositing for which such 13,177
permit was issued, or, if within such period of time no such 13,178
damage to such shall have occurred, the bond or cash or other 13,179
security deposited with the public authority upon the issuance of 13,180
such permit, shall be released and returned to such applicant. 13,181
(B) Any person, firm, or corporation owning any land 13,183
containing mineral, coal, stone, or clay, and over any portion of 13,184
which any state, county, or township road or public highway 13,185
passes, may drill, excavate, mine, or quarry through or under 13,186
296
such road. Before said THE work shall be IS commenced, such 13,188
person, firm, or corporation shall execute and deliver to the 13,189
director of transportation in case of state roads, to the board 13,190
of county commissioners in case of county roads, or to the board 13,191
of township trustees in case of township roads, a bond, with good 13,192
and sufficient surety in such amount as shall be considered by 13,193
the director, the board of county commissioners, or the board of 13,194
township trustees, sufficient to cover any damages that may 13,195
accrue by excavating, mining, or quarrying through or under any 13,196
such road, the same to be approved by such director, board of 13,197
county commissioners, or board of township trustees. Such bond 13,198
shall be conditioned that while crossing over or mining or 13,199
quarrying under any such road, a safe and unobstructed passageway 13,200
or road shall be kept open by such person, firm, or corporation 13,201
for the public use, and as soon as practicable, such road shall 13,202
be fully restored to its original safe and passable condition. 13,203
When such crossing is made by excavation at a depth of more than 13,204
thirty feet below the surface of such road, the person, firm, or 13,205
corporation making the same shall be liable to the director, 13,206
board of county commissioners, or board of township trustees for 13,207
any damage that may accrue by such excavation, and shall be held 13,208
to fully repair any such damage and to restore such road to its 13,209
original safe and passable condition. The right to mine or 13,210
quarry across or under public highways as provided in this 13,211
section, shall accrue to the owner, lessee, or agent of the land 13,212
upon or through which such highway passes. 13,213
As used in this section, "road" or "highway" means the 13,215
entire right of way as well as the improved portion thereof, and 13,216
includes bridges, viaducts, grade separations, appurtenances, and 13,217
approaches on or to such road or highway. 13,218
Sec. 1563.111. No owner, lessee, or agent shall conduct 13,227
his mining operations within twenty-five feet of any known well, 13,228
or locate a mine opening within three hundred feet of any well 13,229
which THAT produces oil or gas unless he THE OWNER, LESSEE, OR 13,231
297
AGENT obtains permission in writing from the division of mines 13,232
and reclamation and the chief of the division of oil and gas 13,234
MINERAL RESOURCES MANAGEMENT.
Sec. 1563.12. Any person, firm, or corporation, beginning 13,243
the opening of a mine, whether or not such person, firm, or 13,244
corporation is the owner, lessee, or agent of the property upon 13,245
which such mine is located, shall notify the chief of the 13,246
division of mines and reclamation MINERAL RESOURCES MANAGEMENT, 13,247
and observe the following in the construction of such mine: 13,249
(A) If the opening is a slope or vertical shaft, no 13,251
explosive used therein shall be fired by means of a squib or fuse 13,252
after the same is extended more than twenty-five feet from the 13,253
surface, and thereafter and until the slope or shaft reaches the 13,254
seam and the entry or landing is extended beyond a break-through 13,255
or other place driven at right angles thereto, no explosive shall 13,256
be fired except by means of an electric battery operated from the 13,257
surface after all persons are on the surface. 13,258
(B) A substantial structure to sustain sheave wheels or 13,260
pulleys, ropes, and loads, shall be provided, and if the opening 13,261
is a shaft, the same shall be placed at a height of not less than 13,262
twenty-five feet above the tipping place. 13,263
(C) A landing platform shall be arranged in such manner 13,265
that no material can fall into the shaft while the bucket is 13,266
being emptied, and the shaft shall not be sunk to a depth of more 13,267
than thirty feet without such structure. 13,268
(D) If the bucket used for hoisting material is to land on 13,270
a truck, the track on which such truck is operated and the 13,271
platform shall be so constructed that material cannot fall into 13,272
the shaft. 13,273
(E) Rock and coal shall not be hoisted from a shaft or 13,275
slope except in a bucket or cage attached to a rope by a safety 13,276
hook, clevis, or other safe attachment, and the bucket or cage 13,277
securely locked so that same cannot tip or empty while being 13,278
hoisted. 13,279
298
(F) Such rope shall be fastened to the side of the drum, 13,281
and not less than three coils of rope shall always remain on the 13,282
drum. 13,283
(G) After the shaft reaches a depth of one hundred feet, 13,285
the same shall be provided with guides and guide attachments, 13,286
applied in such a manner as to prevent the bucket from swing 13,287
while being lowered or hoisted, and such guides and guide 13,288
attachments shall be maintained at a distance of not more than 13,289
seventy-five feet from the bottom of the shaft. 13,290
(H) The sides of all shafts shall be properly secured for 13,292
safety and no loose rock or material shall be allowed to remain 13,293
on any timber in the shaft after each blast. 13,294
(I) All loose timber, tools, and materials shall be kept 13,296
away from the top of the shaft to reduce the danger of the same 13,297
falling down the shaft. 13,298
(J) Where explosive gas is encountered, the person in 13,300
charge shall see that the shaft or slope is examined before each 13,301
shift of men enter WORKERS ENTERS to work, and before the men THE 13,304
WORKERS descend after each blast.
(K) The slope, or shaft, shall be properly ventilated so 13,306
that persons working therein will have the necessary air. 13,307
(L) An efficient brake shall be attached to each drum of 13,309
an engine used in hoisting material and persons, and all 13,310
machinery, ropes, and chains connected therewith shall be 13,311
carefully examined once each shift. 13,312
(M) Not more than four persons shall be lowered or hoisted 13,314
in or on a bucket at one time, and no person shall be permitted 13,315
to ride on a loaded bucket. 13,316
(N) The bucket used in lowering or hoisting persons shall 13,318
be equipped with proper safety devices, so that it cannot become 13,319
detached from the rope or cable, and cannot tip or turn upside 13,320
down while being so used. 13,321
The chief of the division of mines and reclamation, and the 13,323
deputy mine inspector, shall have jurisdiction over such mine 13,324
299
when the shaft or slope reaches a depth of twenty-five feet, and 13,325
such person, firm, or corporation shall comply with any order 13,326
issued by either or both of them with respect to the safety of 13,327
persons employed. Other than this section, this chapter and 13,328
Chapters 1561., 1565., and 1567. of the Revised Code do not apply 13,330
to the opening of a mine until such opening reaches the seam, and 13,331
the entry or landing is extended beyond a break-through, or other 13,332
place driven at right angles thereto. 13,333
No operator of a mine shall refuse or neglect to comply 13,335
with this section. 13,336
Sec. 1563.13. When a deputy mine inspector considers that 13,345
the ways and means of egress in any underground mine from the 13,346
interior working places to the surface are inadequate as a safe 13,347
and ready means of escape in case of emergency, from danger of 13,348
fire at any point, or any other cause that may result in the 13,349
entombment of persons working in the mine, the deputy mine 13,351
inspector shall give notice in writing to the owner, lessee, or 13,352
agent of the mine of the particular in which the deputy mine 13,353
inspector considers the conditions dangerous, recommending any 13,355
changes that the conditions require, and forthwith shall mail a 13,356
copy of the deputy mine inspector's recommendations to the chief 13,358
of the division of mines and reclamation MINERAL RESOURCES 13,359
MANAGEMENT. Upon receipt of the recommendations, the chief 13,362
forthwith shall make a finding concerning them and mail a copy to 13,363
the operator of the mine and to the deputy mine inspector. A 13,365
copy of the finding of the chief shall be posted upon the 13,366
bulletin board at the time. 13,367
The operator of the mine, or the authorized representative 13,369
of the workers of the mine, within ten days may appeal to the 13,371
mine examining board for a review and redetermination of the 13,372
finding of the chief in the matter in accordance with section 13,374
1561.53 of the Revised Code. A copy of the decision of the board 13,375
shall be mailed as required by this section for the mailing of 13,376
the finding by the chief on the deputy mine inspector's report. 13,377
300
No operator of a mine shall refuse or neglect to comply 13,379
with this section. 13,380
Sec. 1563.17. From a point where the seam is reached in 13,390
the opening of an underground mine, to a point not exceeding a 13,391
distance of four hundred feet therefrom, break-throughs shall be 13,392
made between mine entries, where there are no rooms worked, not 13,393
more than one hundred feet apart, provided such entries are not 13,394
advanced beyond the point where the break-through will be made 13,395
until the break-through is complete. Break-throughs between 13,396
entries, except as provided in this section, shall be made not 13,397
exceeding sixty feet apart. Where there is a solid block on one 13,398
side of the room, break-throughs shall be made between such room 13,399
and the adjacent room not to exceed sixty feet apart; where there 13,400
is a breast or group of rooms, a break-through shall be made on 13,401
one side or the other of each room, except the room adjoining 13,402
said THE block not to exceed forty feet from the outside corner 13,403
of the break-through to the nearest corner of the entrance to the 13,404
room, and on the opposite side of the same room a break-through 13,405
shall be made not to exceed eighty feet from the outside corner 13,406
of the break-through to the nearest corner of the entrance to the 13,407
room, and thereafter break-throughs shall be made not to exceed 13,408
eighty feet apart on each side of the room. No working place, 13,409
except those provided for within a distance of four hundred feet 13,410
of the principal opening of a mine, shall be driven more than 13,411
eighty feet in advance of a break-through or airway. The 13,412
required air current shall be distributed to the working face of 13,413
such entry or room. All break-throughs between entries, and when 13,414
necessary between rooms, except the one nearest the working face, 13,415
shall be closed and made airtight by brattice, trap doors, or 13,416
other means, so that the current of air in circulation may sweep 13,417
to the interior of the mine. Brattices between permanent inlet 13,418
and outlet airways shall be constructed in a substantial manner 13,419
of brick, masonry, concrete, or nonperishable material, provided 13,420
THAT in hand-loading and nongaseous mines such brattices may be 13,421
301
of wood. In mines generating firedamp, so as to be detected by a 13,422
flame safety lamp, the air current shall be conducted by 13,423
brattice, or other means, near enough to the working face to 13,424
expel the firedamp, and prevent the accumulation of same. With 13,425
the approval of the chief of the division of mines and 13,426
reclamation MINERAL RESOURCES MANAGEMENT, a greater distance than 13,428
specified in this section may be allowed between break-throughs. 13,429
Any operator of a mine desiring to allow a greater distance 13,430
between break-throughs than specified in this section shall file 13,431
a written request to do so with the chief, together with a map of 13,432
the mining and ventilating system for which approval and 13,433
permission is ARE asked, attached thereto, and said THE map shall 13,434
become a part of the records in the office of the chief. 13,435
No operator of a mine shall refuse or neglect to comply 13,437
with this section. 13,438
Sec. 1563.20. For the protection of transportation men 13,447
WORKERS, track shall be laid to provide a minimum clearance of 13,448
fourteen inches on the side of the entry opposite the trolley or 13,449
feed wire at all haulage turnouts and crossovers between butt 13,450
entries, on gathering passageways, on room entries, and chutes 13,451
between room entries, except that where brake handles are on the 13,452
side of mine cars, the clearance shall be provided on the wire 13,453
side of such entries as have the wire on the same side as the 13,454
brake handles. The clearance specified in this section shall be 13,455
measured horizontally between the topside of the widest mine car 13,456
and the rib. This section does not apply to entries having been 13,457
driven prior to September 2, 1941, or at any mine or section of a 13,458
mine, where, in the opinion of the division of mines and 13,459
reclamation MINERAL RESOURCES MANAGEMENT, the roof conditions are 13,461
such as to require a width of entry not sufficient to provide the 13,462
clearance set out in this section.
No operator of a mine shall refuse or neglect to comply 13,464
with this section. 13,465
Sec. 1563.24. In all mines generating methane in such 13,474
302
quantities as to be considered a gaseous mine under section 13,475
1563.02 of the Revised Code, the mine foreman FOREPERSON of such 13,476
mine shall: 13,477
(A) Employ a sufficient number of competent men PERSONS 13,479
holding foreman FOREPERSON of gaseous mines or fire boss 13,480
certificates, except as provided in section 1565.02 of the 13,481
Revised Code, to examine the working places whether they are in 13,483
actual course of working or not, and the traveling ways and 13,484
entrances to old workings with approved flame safety lamps, all 13,485
of which shall be done not more than three hours prior to the 13,486
time fixed for the employees to enter such mine; 13,487
(B) Have all old parts of the mine not in the actual 13,489
course of working, but which THAT are open and safe to travel, 13,490
examined not less than once each three days by a competent man 13,491
PERSON who holds a foreman FOREPERSON of gaseous mines or a fire 13,493
boss certificate;
(C) See that all parts of the mine not sealed off as 13,495
provided in section 1563.41 of the Revised Code are kept free 13,496
from standing gas, and upon the discovery of any standing gas, 13,497
see that the entrance to the place where the gas is so discovered 13,498
is fenced off and marked with a sign upon which is written the 13,499
word "danger," and such sign shall so remain until such gas has 13,500
been removed; 13,501
(D) Have the mine examined on all idle days, holidays, and 13,503
Sundays on which men EMPLOYEES are required to work therein; 13,504
(E) If more than three hours elapse between shifts, have 13,506
the places in which the succeeding shift works examined by a 13,507
competent man PERSON who holds a foreman FOREPERSON of gaseous 13,509
mines or fire boss certificate; 13,510
(F) See that this chapter and Chapters 1509., 1561., 13,512
1565., and 1567. of the Revised Code, with regard to examination 13,513
of working places, removal of standing gas, and fencing off of 13,514
dangerous places, are complied with before the men EMPLOYEES 13,515
employed by him THE MINE FOREPERSON for this particular work are 13,516
303
permitted to do any other work; 13,517
(G) Have a report made on the blackboard provided for in 13,519
section 1567.06 of the Revised Code, which report shall show the 13,521
condition of the mine as to the presence of gas and the place 13,522
where such gas is present, if there is any, before he THE MINE 13,523
FOREPERSON permits the employees to enter the mine; 13,524
(H) Have reports of the duties and activities enumerated 13,526
in this section signed by the person who makes such examination; 13,527
such. THE reports so signed shall be sent once each week to the 13,529
deputy mine inspector of the district in which the mine is 13,530
located on blanks furnished by the division of mines and 13,531
reclamation MINERAL RESOURCES MANAGEMENT for that purpose, and a 13,532
copy of such report shall be kept on file at the mine;. 13,533
(I) Have the fire boss record a report after each 13,535
examination, in ink, in the fire boss' record book, which book 13,536
shall show the time taken in making the examination and also 13,537
clearly state the nature and location of any danger that was 13,538
discovered in any room, entry, or other place in the mine, and, 13,539
if any danger was discovered, the fire boss shall immediately 13,540
report the location thereof to the mine foreman FOREPERSON. 13,541
No person shall enter the mine until the fire bosses return 13,543
to the mine office on the surface, or to a station located in the 13,544
mine, where a record book as provided for in this section shall 13,545
be kept and signed by the person making the examination, and 13,546
report to the oncoming mine foreman FOREPERSON that the mine is 13,547
in safe condition for the men EMPLOYEES to enter. When a station 13,549
is located in any mine, the fire bosses shall sign also the 13,550
report entered in the record book in the mine office on the 13,551
surface. The record books of the fire bosses shall at all times 13,552
during working hours be accessible to the deputy mine inspector 13,553
and the employees of the mine. 13,554
In every mine generating explosive gas in quantities 13,556
sufficient to be detected by an approved flame safety lamp, when 13,557
the working portions are one mile or more from the entrance to 13,558
304
the mine or from the bottom of the shaft or slope, a permanent 13,559
station of suitable dimensions may be erected by the mine foreman 13,561
FOREPERSON, provided THAT the location is approved by the deputy 13,562
mine inspector, for the use of the fire bosses, and a fireproof 13,563
vault of ample strength shall be erected in such station of 13,564
brick, stone, or concrete, in which the temporary record book of 13,565
the fire bosses, as described in this section, shall be kept. No 13,566
person, except a mine foreman FOREPERSON of gaseous mines, and in 13,568
case of necessity such other persons as are designated by him THE 13,569
MINE FOREPERSON, shall pass beyond the permanent station and 13,571
danger signal until the mine has been examined by a fire boss, 13,572
and the mine or certain portions thereof reported by him THE FIRE 13,573
BOSS to be safe.
This section does not prevent a mine foreman FOREPERSON or 13,575
foreman FOREPERSON of gaseous mines from being qualified to act 13,576
and acting in the capacity of fire boss. The record book shall 13,578
be supplied by the division of mines and reclamation and 13,579
purchased by the operator.
No mine foreman FOREPERSON or person delegated by him THE 13,582
MINE FOREPERSON, or any operator of a mine, or other person,
shall refuse or neglect to comply with this section. 13,583
Sec. 1563.26. All mines, except those mines or locations 13,592
in a mine which THAT are too wet or too high in incombustible 13,593
content to propagate an explosion, shall be rock dusted. The 13,595
rock dusting shall be done with such regularity and frequency 13,596
that all surfaces required to be rock dusted shall be kept in 13,597
such condition that the incombustible content of the adhering and 13,598
lodging dust is not less than sixty-five per cent. When methane 13,599
is present in any ventilating current, such incombustible content 13,600
shall be not less than sixty-five per cent plus one and 13,601
four-tenths per cent for each one tenth of one per cent of 13,602
methane so present. 13,603
The rock dust to be used shall be pulverized limestone or 13,605
any other material containing less than five per cent combustible 13,606
305
material. All dust must SHALL be so pulverized that it will all 13,607
go through a sieve which THAT has twenty openings to the linear 13,609
inch and at least fifty per cent of such dust shall pass through 13,611
a sieve with two hundred openings to the linear inch. The rock 13,612
dust shall not contain more than four per cent free silicon and 13,613
silicon dioxide. 13,614
The rock dust shall be distributed on top, bottom, and 13,616
sides of all haulageways, traveling ways, developing entries, and 13,617
rooms to within forty feet of face. Back entries shall be rock 13,618
dusted for at least one thousand feet out by the junction with 13,619
the first active entry. 13,620
In coal mines where rock dusting is required, the 13,622
superintendent shall see that a representative sample of dust is 13,623
gathered at each sampling point from the roof, sides, and floor 13,624
of all entries by a competent person once each sixty days and 13,625
tested to determine if any part of the mine requires redusting, 13,626
and a record shall be kept in a book furnished by the division of 13,628
mines and reclamation MINERAL RESOURCES MANAGEMENT for that 13,629
purpose. Such books shall be kept in the mine office. Such 13,630
record shall show the location at which samples have been taken 13,631
and the results of the analyses or tests. The distance between 13,632
sampling points on haulageways and traveling ways shall not 13,633
exceed two thousand feet, but in developing entries and in 13,634
entries producing coal from rooms or pillars and their parallel 13,635
entries the distance between sampling points shall not exceed 13,636
five hundred feet.
No operator of a mine shall refuse or neglect to comply 13,638
with this section. 13,639
Sec. 1563.33. Each operator shall carry out on a 13,648
continuing basis a program to improve the roof control system of 13,649
each coal mine and the means and measures to accomplish such 13,650
system. The roof and ribs of all active underground roadways, 13,651
travelways, and working places shall be supported or otherwise 13,652
controlled adequately to protect persons from falls of the roof 13,653
306
or ribs. A roof control plan and revisions thereof suitable to
the roof conditions and mining system of each coal mine and 13,654
approved by the chief of the division of mines and reclamation 13,655
MINERAL RESOURCES MANAGEMENT shall be adopted and set out in 13,657
printed form on or before January 1, 1977. The plan shall show
the type of support and spacing approved by the chief. Such plan 13,659
shall be reviewed periodically, at least every six months by the 13,661
chief, taking into consideration any falls of roof or ribs or 13,662
inadequacy of support of roof or ribs. No person may proceed
beyond the last permanent support unless adequate temporary 13,663
support is provided or unless such temporary support is not 13,664
required under the approved roof control plan and the absence of 13,665
such support will not pose a hazard to the miners. A copy of the 13,666
plan shall be furnished to the chief or his THE CHIEF'S 13,667
authorized representative and shall be available to the miners 13,668
and their representatives.
No person shall refuse or neglect to comply with this 13,670
section.
Sec. 1563.34. Each operator shall adopt an adequate 13,679
program for improving roof control systems. This program shall 13,682
include a roof control plan, provision for the training of 13,684
miners, a history of all unintentional roof falls, and systematic 13,686
evaluation of the effectiveness of the roof control system in 13,688
use. Each operator shall adopt a roof control plan suitable to 13,689
the roof conditions and the mining system for all underground 13,690
roadways, travelways including escapeways, and working places of 13,692
each mine. Roof control plans shall be filed with the chief of 13,694
the division of mines and reclamation MINERAL RESOURCES 13,695
MANAGEMENT. The chief shall notify the operator in writing of 13,697
the approval of a proposed roof control plan. If revisions are 13,698
required for approval, the changes required will SHALL be 13,699
specified and the operator will SHALL be afforded an opportunity 13,702
to discuss the revisions with the chief.
A roof control plan shall include the following 13,704
307
information:
(A) Name and address of the company; 13,706
(B) Name and address of the mine; 13,708
(C) Names and addresses of the responsible officials; 13,710
(D) Area of the mine covered by the roof control plan; 13,712
(E) A columnar section of the mine strata which THAT 13,714
shall:
(1) Show the name and thickness of the coalbed and any 13,716
persistent partings; 13,718
(2) Identify by type and show the thickness of each 13,720
stratum (rock layer) up to and including the main roof over and 13,722
for ten feet under the coalbed; 13,723
(3) Show the maximum cover over the mining area covered 13,725
included in the roof control plan. 13,727
(F) A description of the sequence of mining and 13,729
installation of supports including temporary supports. The 13,731
description shall include:
(1) Drawings on eight and one-half by eleven inch paper or 13,733
on paper folded to this size, showing the location of all roof, 13,735
face, and rib supports for each method of mining employed at the 13,737
mines. The scale shall be specified and not less than five feet 13,739
to the inch nor more than twenty feet to the inch. A legend 13,741
explaining all the symbols used shall also be included on the 13,742
drawings. 13,743
(2) A list of all roof support materials employed in the 13,745
roof control system including, where applicable, the name of the 13,747
manufacturer and its designation for the item. Prior approval 13,749
shall be obtained before making any changes in the materials 13,751
listed.
No person shall refuse or neglect to comply with this 13,753
section.
Sec. 1563.35. The chief of the division of mines and 13,763
reclamation MINERAL RESOURCES MANAGEMENT shall approve roof
control plans on a mine-by-mine basis in accordance with the 13,765
308
criteria or specifications set forth in this section. Additional 13,766
measures may be required. Roof control plans which THAT do not 13,767
conform to these criteria or specifications may be approved if 13,769
the operator satisfies the chief that the resultant roof 13,770
conditions will provide no less protection to the miners. 13,771
(A) The following criteria apply to full roof bolting 13,773
plans. A full roof bolting plan is one in which roof bolts 13,775
constitute the sole means of roof support at a face as part of 13,777
the normal mining cycle.
(1) Roof bolt assemblies shall meet the following 13,779
specifications: 13,780
(a) All components of the roof bolt assembly shall comply 13,782
with the American national standards institute, "specifications 13,784
for roof bolting materials in coal mines." 13,786
(b) Roof bolts that provide support by creating a beam of 13,788
laminated strata shall be of a length that assures adequate 13,790
anchorage, but in no case may the length of the bolt be less than 13,792
thirty inches.
(c) Roof bolts that provide support by suspending the 13,794
immediate roof from a stronger overlying strata shall be of a 13,795
length that permits anchoring at least twelve inches in the 13,796
stronger strata.
(d) Bearing plates used directly against the mine roof 13,798
shall be not less than six inches square or of equivalent area. 13,799
In exceptional cases where the mine roof is firm and not 13,800
susceptible to sloughing, bearing plates five inches square or of 13,801
equivalent area may be used.
(e) When wooden material such as planks, header blocks, 13,803
and crossbars are used between the bearing plate and the roof for 13,804
additional bearing, the use shall be limited to short life 13,805
openings, not to exceed three years, unless treated. Bearing 13,806
plates used in conjunction with wooden materials shall be not 13,807
less than four inches square or of equivalent area.
(f) When washers are used, the shape of such washers shall 13,809
309
conform to the shape of roof bolt head and the shape of the 13,810
bearing plate and such washers shall be of sufficient strength to 13,811
withstand loads up to the yield point of the roof bolt. 13,812
(2) Full roof bolting plan installation practices shall 13,814
meet the following criteria: 13,815
(a) Finishing bits shall be easily identifiable by sight 13,817
or feel and the diameter should SHALL be within a tolerance of 13,818
plus thirty thousandths of one inch minus zero of the 13,820
manufacturers MANUFACTURER'S recommended hole diameter for the 13,821
anchor used. 13,822
(b) Torque ranges specified in the roof control plan shall 13,824
be capable of providing roof bolt loads to within plus or minus 13,825
one thousand pounds of fifty per cent of either the yield point 13,826
of the roof bolt being used or the anchorage capacity of the 13,827
strata, whichever is less. In no case, however, should SHALL 13,828
installed torques provide loads that exceed the yield point of 13,829
the roof bolt being used or the anchorage capacity. Relationship 13,830
RELATIONSHIPS for determining roof bolt load for torque applied 13,832
are as follows:
Expansion type Pounds of load 13,834
roof bolt per foot-pound 13,835
(in inches) of torque 13,836
Cone neck or 13,837
self-centering roof
bolt
5/8 30 13,838
3/4 30 13,839
Standard roof bolt 13,840
without hard washer
or lubricant
5/8 50 13,842
3/4 40 13,843
Standard roof bolt 13,844
with hard washer or
310
lubricant
5/8 60 13,846
3/4 60 13,847
(c) Each operator shall outline and describe roof bolt 13,850
testing procedures to be followed in the roof control plan. The 13,851
procedures to be followed should SHALL include: 13,852
(i) Providing and maintaining an approved, calibrated 13,854
torque wrench on each roof bolting machine. An approved wrench 13,856
shall be one that will indicate the actual torque on the roof 13,858
bolt.
(ii) Designating a qualified person to spot-check torques 13,860
on at least twenty-five per cent of the roof bolts immediately 13,861
after the working place has been fully bolted. If the majority 13,864
of the installed torques fall outside the recommended range, the 13,866
remaining roof bolts in the working place shall be tested. If 13,868
the majority of the torques still fall outside the recommended 13,869
range, necessary adjustments in the equipment used for tightening 13,870
the roof bolts shall be made immediately. If, after adjustments 13,871
are made and required torques are not achieved, supplementary 13,872
support such as additional roof bolts, longer bolts with adequate 13,873
anchorage, posts, cribs, or crossbars shall be installed. 13,874
(iii) On a daily basis, spot-check torques on at least ten 13,876
per cent of the roof bolts from the outby corner of the last open 13,877
crosscut to the face and record the results. This record shall 13,878
show the number of roof bolts tested, number of roof bolts below 13,879
the recommended range, and the number of roof bolts above the 13,880
recommended range. If results show that a majority of the roof
bolts are not maintaining at least seventy per cent of the 13,881
minimum torque required (fifty per cent if plates bear against 13,882
wood), or have exceeded the maximum required torque by fifty per 13,883
cent, supplementary support such as additional roof bolts, longer 13,884
roof bolts with adequate anchorage, posts, cribs, or crossbars 13,885
shall be installed until a review of the adequacy of the roof 13,886
control plan is made by an authorized representative of the
311
chief.
(d) Devices shall be used to compensate for the angle when 13,888
roof bolts are installed at angles greater than five per cent 13,889
from the perpendicular to the roof line. 13,890
(3) The roof bolting pattern shall meet the following 13,892
criteria:
(a) Roof bolt spacing either lengthwise or crosswise shall 13,894
not exceed five feet. 13,895
(b) Roof bolts shall be installed as close as possible to, 13,897
but not more than five feet from, the rib before a sidecut is 13,898
started.
(c) Roof bolts shall be installed as close as possible to, 13,900
but not more than five feet from, the face before starting 13,901
conventional cutting or a continuous miner run. 13,902
(4) Openings shall not exceed twenty feet in width where 13,904
roof bolting is the sole means of roof support. 13,905
(B) A conventional roof control plan is one in which 13,907
installation of materials other than roof bolts, such as metal or 13,908
wood posts, jacks, or cribs, in conjunction with wooden cap 13,909
blocks (half headers), footers (sills), planks, or beams, are 13,910
installed as the sole means of roof support at a face as part of
the normal mining cycle. The following criteria apply to 13,911
conventional roof control plans: 13,912
(1) Support materials shall meet the following 13,914
specifications:
(a) Posts shall be of solid, straight-grain wood with the 13,916
ends sawed square and free from defects which THAT would affect 13,917
their strength.
(b) The diameter of round posts shall not be less than one 13,919
inch for each fifteen inches of length, but in no case should 13,920
SHALL the diameter be less than four inches; split posts shall 13,922
have a cross-sectional area equal to that required for round 13,923
posts to equivalent length.
(c) Wooden cap blocks and footers shall have flat 13,925
312
paralleled sides and be not less than two inches thick, four 13,926
inches wide, and twelve inches long.
(d) Wooden crossbars and planks shall be straight and of 13,928
solid wood. Crossbars shall have a minimum cross-sectional area 13,929
of twenty-four square inches and the minimum thickness shall be 13,930
three inches. Planks shall have a minimum cross-sectional area 13,931
of eight square inches and a minimum thickness of one inch. 13,932
(e) Cribbing material shall be of wood having parallel 13,934
flat sides. In no case may the crib be less than thirty inches 13,936
square.
(2) Conventional roof control plan installation practices 13,938
shall meet the following criteria: 13,939
(a) No more than two wooden wedges should SHALL be used to 13,941
install a post. 13,942
(b) Posts shall not be installed under roof susceptible to 13,944
sloughing or under disturbed roof without a wooden cap block, 13,945
plank, or crossbar between the post and the roof. 13,946
(c) Posts shall be installed tight and on solid footing. 13,948
(d) Blocks used for lagging between the roof and wooden 13,950
crossbars, planks, or metal bars shall be spaced so that the load 13,951
on the supports will be equally distributed. 13,952
(e) Cap blocks should SHALL be used between jacks and the 13,954
roof.
(3) The support pattern shall meet the following criteria: 13,956
(a) Spacing of roadway roof supports shall not exceed five 13,958
feet.
(b) Width of roadways shall not exceed fourteen feet on 13,960
the straight and sixteen feet on the curves. 13,961
(c) Roof supports shall be installed to within five feet 13,963
of the uncut face; however, the supports nearest the face may be 13,965
removed to facilitate the operation of face equipment if 13,967
equivalent temporary support is installed prior to removal. 13,969
(d) When an opening is no longer needed for storing 13,971
supplies or for travel of equipment, the roof at the entrance of 13,972
313
all such openings along travelways shall be supported by 13,974
extending the post line across the opening.
(4) Openings shall not exceed twenty feet in width where 13,976
the roof is supported solely by conventional means. 13,978
(C) The following criteria apply to combination roof 13,980
control plans. For a plan where both roof bolts and conventional 13,982
supports are used for roof control at the face, the criteria for 13,984
a full roof bolting plan and a conventional roof control plan 13,986
shall apply with the following modifications:
(1) Any place being driven over twenty feet in width shall 13,988
be supported in compliance with a combination roof control plan. 13,989
(2) The roadway shall be limited to sixteen feet in width 13,991
on both the straight and the curves to within ten feet of the 13,993
uncut face.
(3) A row of posts shall be set for each five feet of 13,995
space between the roadway posts and the ribs. 13,996
(4) Openings shall not exceed thirty feet in width. 13,998
(D) The following criteria apply to spot roof bolting 14,000
plans. Spot roof bolting may be used only as a supplement to the 14,001
approved roof control plan at random locations where adverse roof 14,002
conditions are encountered. Where spot roof bolting is used, the 14,003
criteria in divisions (A)(1) and (2) of this section shall apply. 14,004
In addition, roof bolts shall be installed in accordance with
roof conditions, but in no case should SHALL spacing exceed four 14,005
feet lengthwise and crosswise. Roof bolting should SHALL begin 14,007
under safe roof and continue for the length of the adverse roof 14,009
condition until safe roof is again encountered.
(E) The following criteria apply to pillar recovery plans. 14,011
Any reduction in pillar size during second mining or intentional 14,012
retreat mining shall be considered pillar recovery: 14,013
(1) Division (A), (B), or (C) of this section shall apply 14,015
depending on whether the pillar recovery plan calls for 14,017
conventional support or a combination of conventional support and 14,019
roof bolting.
314
(2) During development, the size and shape of the pillars 14,021
shall be dictated by the depth of cover, height of coal, and 14,023
other conditions associated with the coal bed. The smallest 14,025
dimension of the pillar may not be less than twenty feet. 14,027
(3) Pillar splits and lifts may not exceed twenty feet in 14,029
width.
(4) A minimum of two rows of breaker posts or the 14,031
equivalent shall be installed on not more than four foot centers 14,033
across each opening leading into pillared areas and such posts 14,035
should SHALL be installed before production is started. Such 14,037
posts shall be installed near the breakline between the lift 14,038
being started and the gob. 14,039
(5) A row of roadside-radius (turn) posts or the 14,041
equivalent shall be installed on not more than four foot centers 14,043
leading into pillar splits, including secondary splits in slabs, 14,045
wings, or fenders.
(6) The width of the roadway leading from the solid 14,047
pillars to a final stump (pushout) may not exceed fourteen feet. 14,049
At least two rows of posts or their equivalent shall be set on 14,051
each side of the roadway on not more than four foot centers. 14,053
Only one open roadway leading to a final stump (pushout) may be 14,054
permitted. 14,055
(7) Before full pillar recovery is begun in areas where 14,057
roof bolts were used as the sole means of roof support and 14,059
openings are more than sixteen feet wide, supplementary support 14,061
shall be installed on either side on not more than four foot 14,063
centers lengthwise, and the width of all roadways may not exceed 14,065
sixteen feet. These supports shall be extended from the entrance 14,066
to the split for at least one full pillar outby the pillar in 14,067
which the split is being made. 14,069
(8) The following criteria shall apply to open end 14,071
pillaring:
(a) At least two rows of breaker posts or their equivalent 14,073
shall be installed between the lift being started and the gob on 14,074
315
not more than four foot centers before the initial cut is made 14,075
and shall be extended to within seven feet of the face. The 14,076
width of the roadway may not exceed fourteen feet.
(b) If the roof in open end pillaring has a tendency to 14,078
hang, falls shall be made, or cribs installed in addition to the 14,079
breakline posts between the active lift and the hanging area. 14,080
The cribs may be set not more than eight feet apart. Heavy duty 14,081
hydraulic jacks set at centers close enough to give equivalent 14,082
support may be substituted for cribs, if such jacks are removed
remotely. 14,083
(F) The following criteria apply to special roof control 14,085
plans. A special roof control plan shall be adopted and followed 14,086
when support is installed on an intermittent basis, but only at 14,087
predetermined locations, such as at intersections, or when 14,088
equipment is especially designed to provide either natural or 14,089
artificial support as the coal is mined. Special roof control
plans also cover experimental installations using new devices, 14,090
materials, or methods for roof support. 14,091
(1) The following criteria apply to mining methods using 14,093
continuous miners with integral roof bolting equipment where roof 14,094
bolts are the sole means of roof support. 14,095
(a) The distance between roof bolts shall not exceed eight 14,097
feet crosswise, unless additional material such as wooden planks, 14,098
wooden beams, or metal straps are installed in conjunction with 14,099
the roof bolts. Roof bolts installed more than eight feet, but 14,100
less than nine feet apart shall be supplemented with a wooden 14,102
plank at least two inches thick by eight inches wide or its
equivalent. Roof bolts installed more than nine feet, but less 14,103
than ten feet apart shall be supplemented with a wooden plank at 14,104
least three inches thick by eight inches wide or its equivalent. 14,105
Roof bolts may not be installed more than ten feet apart. 14,107
(b) Work in intersections, pillar splits, or other such 14,109
places may not be started until additional support has been 14,111
installed where the roof is supported with only two roof bolts 14,113
316
crosswise. Such support shall reduce bolt spacing to a maximum 14,115
of five feet.
(c) The maximum opening width where the roof may be 14,117
supported by only two roof bolts crosswise is sixteen feet. 14,119
(d) The distance between the last row of bolts and the 14,121
face may not exceed the distance from the head of the machine to 14,123
the integral roof bolting equipment before starting a continuous 14,125
miner run.
(2) Before any new support materials, devices, or systems 14,127
are used as a sole means of roof support, their effectiveness 14,128
shall be demonstrated by experimental installations in areas 14,129
approved by the chief.
(G) The following criteria apply to temporary supports: 14,131
(1) The following criteria apply to the installation of 14,133
temporary supports in faces: 14,135
(a) In areas where permanent artificial support is 14,137
required temporary support shall be used until such permanent 14,139
support is installed.
(b) Only those persons engaged in installing temporary 14,141
support may be allowed to proceed beyond the last permanent 14,143
support until such temporary supports are installed. 14,145
(c) A minimum of two temporary supports shall be installed 14,147
on not more than five foot centers and within five feet of the 14,149
rib or face when work is being done between such support and the 14,151
nearest rib or face. At least four temporary supports shall be 14,153
installed on not more than five foot centers when work is being 14,155
done in other areas of the face inby the last permanent support. 14,156
No person may be permitted to proceed beyond temporary support in 14,158
any direction unless such support is within five feet of the rib 14,159
face or permanent support. 14,161
(2) During rehabilitation work such as rebolting, 14,163
installing crossbars, or other permanent roof support, taking 14,165
down loose roof, and cleaning up falls of roof, temporary roof 14,167
supports shall be installed and the following criteria shall 14,169
317
apply:
(a) Where rebolting work is beng BEING done or crossbars 14,171
are being installed, at least two rows of temporary supports on 14,174
not more than five foot centers shall be installed across the 14,176
place so that the work in progress is done between the installed 14,178
temporary supports and permanent roof supports installed in sound 14,179
roof. The distance between the permanent supports and the 14,180
nearest temporary supports may not exceed five feet. 14,182
(b) Tools used to take down loose material shall be of a 14,184
design that will enable workmen WORKERS to perform their duties 14,186
from a safe position without exposure to falling material. Where 14,189
loose material is being taken down, a minimum of two temporary 14,191
supports on centers of not more than five feet shall be set 14,192
between the workmen WORKERS and the material if such work cannot 14,193
be done from an area supported by permanent roof supports. 14,196
(c) Where roof falls have occurred, a minimum of four 14,198
temporary supports shall be set before starting any work in and 14,200
around the affected area. These supports shall be located so as 14,202
to provide the maximum protection for persons working in the 14,204
area.
(H) Any operator who intends to recover roof supports 14,206
shall include a detailed plan for such recovery in the roof 14,208
control plan. The following criteria apply to recovery 14,210
procedures:
(1) Recovery shall be done only under the direct 14,212
supervision of a general mine foreman FOREPERSON, mine foreman 14,214
FOREPERSON, or section foreman FOREPERSON. 14,215
(2) Except where circumstances preclude such assignment, 14,217
only experienced miners shall be assigned to such work. 14,219
(3) The person supervising recovery shall make a careful 14,221
examination and evaluation of the roof and designate each support 14,223
to be recovered. 14,224
(4) Supports may not be recovered in the following areas: 14,226
(a) Where roof fractures are present or there ar ARE other 14,228
318
indications of the roof being structurally weak; 14,230
(b) Where any second mining has been done; 14,232
(c) Where torque readings on roof bolts or visual 14,234
observations of conventional support indicate excessive loading. 14,236
(5) Two rows of temporary supports on not more than four 14,238
foot centers, lengthwise and crosswise, shall be set across the 14,240
place, beginning not more than four feet inby the support being 14,242
recovered. In addition, at least one temporary support shall be 14,244
provided as close as practicable to the support being recovered. 14,246
(6) Temporary supports used may not be recovered unless 14,248
recovery is done remotely from under roof where the permanent 14,250
supports have not been disturbed and two rows of temporary 14,252
support, set across the place on four foot centers, are 14,254
maintained at all times between the workmen WORKERS and the
unsupported area. 14,255
(7) No one may be permitted to enter any area from which 14,257
supports have been recovered. 14,259
(8) Entrances to the areas from which supports are being 14,261
recovered shall be marked with danger signs placed at conspicuous 14,263
locations. The danger signs will SHALL suffice as long as 14,265
further support recovery work is being done in the area. If the 14,267
recovery work is completed or suspended for three or more days, 14,268
the areas shall be barricaded. 14,269
(I) No person shall refuse or neglect to comply with this 14,271
section. 14,272
Sec. 1563.37. (A) The operator, in accordance with the 14,281
approved plan, shall provide at or near each working face and at 14,282
such other locations in the coal mines as the chief of the 14,283
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 14,284
may prescribe an ample supply of suitable materials of proper 14,285
size with which to secure the roof of all working places in a 14,286
safe manner. Safety posts, jacks, or other approved devices 14,287
shall be used to protect the workmen WORKERS when roof material 14,288
is being taken down, crossbars are being installed, roof bolt 14,289
319
holes are being drilled, roof bolts are being installed, and in 14,290
such other circumstances as may be appropriate. Loose roof and 14,291
overhanging or loose faces and ribs shall be taken down or
supported. Except in the case of recovery work, supports knocked 14,292
out shall be replaced promptly. 14,293
(B) The operator shall have an adequate supply of roof 14,295
support material (including temporary supports) as specified in 14,296
the approved roof control plan for the type of mining being 14,297
conducted as close as practical to the working face, but not 14,298
farther away than the first open crosscut outby the working face
unless storing of such supplies in this area poses a hazard to 14,299
the miner. In such cases supplies shall be stored at an 14,300
alternate location approved by an authorized representative of 14,302
the chief. Where mining equipment such as roof drilling machines 14,304
or timbering machines are required to install the supports, such 14,306
support material may be transported from place to place on the 14,307
equipment. An adequate supply shall be defined as sufficient 14,308
material including temporary supports, to support roof exposed by 14,310
one complete cycle of mining. An additional supply of 14,312
supplementary roof support materials, such as posts, jacks, 14,314
crossbars, or different length roof bolts, shall be located 14,315
within fifty feet of each working section in the event adverse 14,316
roof conditions, such as water coming from the roof, slips, 14,318
washouts, wants, OR roof cracks, are encountered. 14,319
(C) When installation of roof bolts is permitted, such 14,321
roof bolts shall be tested in accordance with the approved roof 14,323
control plan.
(D) The criteria which THAT may be required in the roof 14,325
control plan for testing installed roof bolts are set forth in 14,328
divisions (A)(2)(c)(ii) and (iii) of section 1563.35 of the 14,330
Revised Code.
(E) Roof bolts shall not be recovered where complete 14,332
extractions of pillars are attempted, where adjacent to clay 14,333
veins, or at the locations of other irregularities, whether 14,334
320
natural or otherwise, that induce abnormal hazards. Where roof 14,335
bolts recovery is permitted, it may be conducted only in
accordance with methods prescribed in the approved roof control 14,336
plan, and it shall be conducted by experienced miners, but only 14,338
where adequate temporary support is provided. 14,340
(F) To assure that miners are protected during roof bolt 14,342
recovery work, the operator shall conform with criteria set forth 14,344
in division (H) of section 1563.35 of the Revised Code. 14,346
(G) Where miners are exposed to danger from falls of roof, 14,348
face, and ribs, the operator shall examine and test the roof, 14,350
face, and ribs before any work or machine is started, and as 14,352
frequently thereafter as may be necessary to insure safety. When 14,354
dangerous conditions are found, they shall be corrected 14,355
immediately. 14,356
(H) No person shall refuse or neglect to comply with this 14,358
section. 14,359
Sec. 1563.40. The operator shall effectively close or 14,368
fence all openings to mines abandoned after June 3, 1941, so that 14,369
persons or animals cannot inadvertently enter therein. 14,370
Abandoned vertical shafts and other abandoned openings 14,373
leading to underground workings, which shafts and other openings 14,374
are abandoned after August 26, 1949, shall be closed within 14,375
ninety days after abandonment as follows:
(A) Vertical shafts shall be completely filled with earth 14,377
or other noncombustible material, or the top of such shaft shall 14,379
be covered with a substantial reinforced concrete slab, the 14,380
design of which has been approved by the chief of the division of 14,381
mines and reclamation MINERAL RESOURCES MANAGEMENT. 14,382
(B) Other openings not potentially usable in later mining 14,384
operations shall be closed with earth or masonry in a way which 14,385
THAT may reasonably be expected to prevent unauthorized persons 14,387
from entering the same. 14,388
No operator of a mine shall refuse or neglect to comply 14,390
with this section. 14,391
321
Sec. 1563.41. The operator of a mine, before sealing off 14,400
any abandoned workings, shall obtain the approval of the deputy 14,401
mine inspector and the chief of the division of mines and 14,402
reclamation MINERAL RESOURCES MANAGEMENT. The seals used in 14,405
sealing off such workings, when approved by the chief, shall be 14,406
constructed of not less than eighteen-inch concrete or masonry 14,407
bulkheads effectively anchored to the ceiling, ribs, and floor, 14,408
except where seals are used to seal abandoned individual panel or 14,409
room entries, they shall be constructed of concrete or masonry 14,410
bulkheads not less than six inches in thickness effectively 14,411
anchored to the ceiling, ribs, and floor in a manner approved by 14,412
the deputy mine inspector and the chief. All seals are to be 14,413
bled or drained of gas in a manner approved by the deputy mine 14,414
inspector and the chief.
No operator of a mine shall refuse or neglect to comply 14,416
with this section. 14,417
Sec. 1563.42. The operator of a mine, before the pillars 14,427
are drawn previous to the abandonment of any part of the mine, 14,428
shall have a correct map of such part of the mine made, showing 14,429
its area and workings to the day of the abandonment and the 14,430
pillars drawn previous to abandonment;, and file such map within 14,431
ninety days after the abandonment of such mine, in the office of 14,432
the county recorder of the county where such mine is located, and 14,433
with the chief of the division of mines and reclamation MINERAL 14,434
RESOURCES MANAGEMENT. Such map shall have attached the usual 14,436
certificate of the mining engineer making it, and the mine 14,437
foreman FOREPERSON in charge of the underground workings of the 14,438
mine, and such operator shall pay to the recorder for filing such 14,439
map, a fee of five dollars. 14,440
No operator of a mine shall refuse or neglect to comply 14,442
with this section. 14,443
Sec. 1563.43. The operator of a mine shall give notice to 14,453
the chief of the division of mines and reclamation MINERAL
RESOURCES MANAGEMENT when: 14,454
322
(A) A change occurs in the name of a mine, in the name of 14,456
the operator thereof, or in the officers of an incorporated 14,457
company owning or operating such mine; 14,458
(B) Work is commenced opening a new shaft, slope, or mine; 14,460
(C) A mine is abandoned, or the working thereof is 14,462
discontinued; 14,463
(D) The working of a mine is commenced, after an 14,465
abandonment or discontinuance thereof for a period of more than 14,466
three months; 14,467
(E) The pillars of a mine are about to be removed or 14,469
robbed; 14,470
(F) A squeeze, crush, or fire occurs, or a dangerous body 14,472
of gas is found, or any cause or change occurs that may seem to 14,473
affect the safety of persons employed therein. 14,474
No operator of a mine shall refuse or neglect to comply 14,476
with this section. 14,477
Sec. 1563.46. If the appliances of a mine for the safety 14,487
of the persons working therein do not conform to this chapter and 14,489
Chapters 1509., 1561., 1565., and 1567. of the Revised Code, or 14,491
if the owner, lessee, or agent disregards the requirements of 14,493
such chapters, on application by the chief of the division of 14,494
mines and reclamation MINERAL RESOURCES MANAGEMENT, in the name 14,495
of the state, any court of competent jurisdiction may enjoin or 14,498
restrain the owner, lessee, or agent from operating such mine, 14,499
until it conforms to such chapters. Such remedy shall be 14,500
cumulative, and shall not affect any other proceedings authorized 14,502
against the owner, lessee, or agent for the matter complained of 14,504
in the action. The attorney general shall represent the chief in 14,505
all actions under this section.
Sec. 1565.05. The operator of a mine shall keep on file a 14,515
copy of the certificate of each mine foreman FOREPERSON, foreman 14,516
FOREPERSON, and fire boss in his THE OPERATOR'S employ or under 14,518
his THE OPERATOR'S control. Such certificate shall be exhibited 14,519
to the chief of the division of mines and reclamation MINERAL 14,520
323
RESOURCES MANAGEMENT, or any deputy mine inspector, upon his 14,521
demand.
No operator of a mine shall refuse or neglect to comply 14,523
with this section.
Sec. 1565.06. (A) In emergencies arising at a mine 14,532
because of accident, death, illness, or any other cause, an 14,533
operator may appoint noncertificate men PERSONS as foremen 14,535
FOREPERSONS and fire bosses to act until certified foremen 14,536
FOREPERSONS and fire bosses satisfactory to him THE OPERATOR can 14,538
be secured. Such appointee may not serve in such capacity for a 14,540
period longer than six months or until such time thereafter as an 14,541
examination is held for such certified men PERSONS under section 14,542
1561.13 of the Revised Code. The employer of such noncertificate 14,544
man PERSON shall, upon appointment of such noncertificate man 14,545
PERSON in this capacity, forward the name of such noncertificate 14,546
man PERSON to the chief of the division of mines and reclamation 14,547
MINERAL RESOURCES MANAGEMENT.
(B) An operator may appoint as a temporary foreman 14,549
FOREPERSON or fire boss a noncertificate person who is within six 14,551
months of possessing the necessary actual practical experience to 14,552
qualify to take the examination for certification for the 14,553
position to which the person is temporarily appointed. Upon 14,554
appointment of a noncertificate person, the operator shall 14,555
forward the name, social security number, and brief summary of 14,556
the person's actual practical experience to the mine examining 14,557
board, and the board shall issue the person a temporary 14,558
certificate for the position to which the person has been 14,559
temporarily appointed. A temporary certificate issued under this 14,560
division is valid for six months or until such time thereafter as 14,561
an examination is held under section 1561.13 of the Revised Code 14,562
for the position to which the person has been temporarily 14,564
appointed.
(C) A person who possesses a valid certificate issued by 14,566
another state for a position for which the mine examining board 14,567
324
issues a certificate shall be eligible for a temporary 14,568
certificate from the board upon presentation to the board of a 14,569
copy of the certificate from that other state. A temporary 14,570
certificate issued under this division shall be valid for six 14,571
months. 14,572
No operator of a mine shall violate or fail to comply with 14,574
this section. 14,575
Sec. 1565.07. The superintendent in charge of a mine shall 14,584
direct the mine foreman FOREPERSON in such manner as is necessary 14,586
to secure compliance with this chapter and Chapters 1561., 1563., 14,587
AND 1567., and sections 1509.18 and 1509.19 of the Revised Code. 14,588
The superintendent may act as mine foreman FOREPERSON, but if he 14,590
THE SUPERINTENDENT does so act regularly, he THE SUPERINTENDENT 14,591
shall obtain a certificate from the mine examining board in the 14,593
same manner as the certification of mine foremen FOREPERSON is 14,594
obtained.
A person designated as a superintendent of an underground 14,596
coal mine after January 1, 1977, shall, within six months after 14,597
being so designated, demonstrate to the chief of the division of 14,599
mines and reclamation MINERAL RESOURCES MANAGEMENT that he THE 14,600
PERSON has knowledge of the mining laws of this state governing 14,603
the operation of underground coal mines either by presenting 14,604
evidence that he THE PERSON has passed a mine foreman FOREPERSON 14,605
examination given by the mine examining board or an examination 14,606
given by the chief concerning the laws of this state governing 14,608
the operation of underground coal mines. 14,610
No person shall refuse or neglect to comply with this 14,612
section. 14,613
Sec. 1565.08. If a person certified by the mine examining 14,623
board willfully PURPOSELY violates the mining laws, his THE 14,625
PERSON'S certificate may be revoked after investigation and a 14,627
hearing in accordance with sections 119.01 to 119.13 CHAPTER 119. 14,628
of the Revised Code, by the chief of the division of mines and 14,630
reclamation MINERAL RESOURCES MANAGEMENT, with the approval of 14,631
325
the mine examining board. 14,632
No person whose license, certificate, or similar authority 14,634
to perform any certifiable mining duties in another state is 14,635
suspended or revoked by that state shall be certified for an 14,636
equivalent mining certificate in this state during the period of 14,637
the suspension or revocation in the other state. 14,638
Sec. 1565.11. The miners employed in a mine may appoint 14,648
two of their number to act as a safety committee to inspect, not 14,649
more often than once each month, the mine and the machinery 14,650
connected therewith, and to measure the ventilating current. The 14,651
operator may accompany such committee, or appoint two or more
persons for that purpose. The operator shall afford every 14,652
necessary facility for making such inspection and measurement, 14,653
but the committee shall not interrupt or impede the work in the 14,654
mine, at the time of such inspection and measurement. After such 14,655
inspection and measurement, such committee shall forthwith make a 14,656
report thereof to the chief of the division of mines and
reclamation MINERAL RESOURCES MANAGEMENT, on a blank furnished by 14,658
him THE CHIEF.
No operator of a mine shall refuse or neglect to comply 14,660
with this section, and no such person shall violate this section. 14,661
Sec. 1565.12. When a loss of life is occasioned by 14,670
accident in any mine, the operator thereof shall forthwith give 14,671
notice thereof to the chief of the division of mines and 14,672
reclamation MINERAL RESOURCES MANAGEMENT, and to the deputy mine 14,674
inspector in charge of the district. Such notice shall be given 14,675
by telephone or telegraph. The operator of such mine shall, 14,676
within twenty-four hours after such accident causing loss of 14,677
life, send a written report of the accident to the chief. Such 14,678
written report shall specify the character and cause of said THE 14,679
accident, the names of the persons killed, and the nature of the
injuries which THAT caused death. In the case of injury 14,680
thereafter resulting in death, the operator shall send a written 14,682
notice thereof to the chief, and to the deputy mine inspector of 14,683
326
such district, at such time as such death comes to his THE 14,684
OPERATOR'S knowledge. 14,685
No operator of a mine shall refuse or neglect to comply 14,687
with this section. 14,688
Sec. 1565.15. (A) As used in this section: 14,697
(1) "EMT-basic," "EMT-I," "paramedic," and "emergency 14,701
medical service organization" have the same meanings as in 14,702
section 4765.01 of the Revised Code.
(2) "First aid provider" includes an EMT-basic, an EMT-I, 14,706
a paramedic, or a supervisory employee at a surface coal mine who 14,707
has satisfied the training requirements established in division 14,708
(D)(1) of this section. 14,709
(B) The operator of an underground coal mine where twenty 14,711
or more persons are employed on a shift, including all persons 14,712
working at different locations at the mine within a ten-mile 14,713
radius, shall provide at least one EMT-basic or EMT-I on duty at 14,716
the underground coal mine whenever employees at the mine are
actively engaged in the extraction, production, or preparation of 14,717
coal. The operator shall provide EMTs-basic or EMTs-I on duty at 14,720
the underground coal mine at times and in numbers sufficient to 14,721
ensure that no miner works in a mine location that cannot be 14,722
reached within a reasonable time by an EMT-basic or an EMT-I. 14,723
EMTs-basic and EMTs-I shall be employed on their regular coal 14,725
mining duties at locations convenient for quick response to
emergencies in order to provide emergency medical services inside 14,727
the underground coal mine and transportation of injured or sick 14,729
employees to the entrance of the mine. The operator shall
provide for the services of at least one emergency medical 14,730
service organization to be available on call to reach the 14,731
entrance of the underground coal mine within thirty minutes at 14,732
any time that employees are engaged in the extraction, 14,734
production, or preparation of coal in order to provide emergency 14,735
medical services and transportation to a hospital. 14,736
The operator shall make available to EMTs-basic and EMTs-I 14,739
327
all of the equipment for first aid and emergency medical services 14,740
that is necessary for those personnel to function and to comply 14,741
with the regulations pertaining to first aid and emergency 14,742
medical services that are adopted under the "Federal Mine Safety 14,744
and Health Act of 1977," 91 Stat. 1290, 30 U.S.C.A. 801, and 14,745
amendments to it. The operator of the underground coal mine 14,746
shall install telephone service or equivalent facilities that 14,747
enable two-way voice communication between the EMTs-basic or 14,748
EMTs-I in the mine and the emergency medical service organization 14,749
outside the mine that provides emergency medical services on a 14,750
regular basis.
(C) The operator of a surface coal mine shall provide at 14,752
least one first aid provider on duty at the mine whenever 14,754
employees at the mine are actively engaged in the extraction, 14,755
production, or preparation of coal. The operator shall provide 14,756
first aid providers on duty at the surface coal mine at times and 14,758
in numbers sufficient to ensure that no miner works in a mine 14,759
location that cannot be reached within a reasonable time by a 14,760
first aid provider. First aid providers shall be employed on 14,761
their regular coal mining duties at locations convenient for 14,762
quick response to emergencies in order to provide emergency 14,763
medical services and transportation of injured or sick employees 14,764
to the entrance of the surface coal mine. The operator shall 14,766
provide for the services of at least one emergency medical 14,767
service organization to be available on call to reach the
entrance of the surface coal mine within thirty minutes at any 14,769
time that employees are engaged in the extraction, production, or 14,770
preparation of coal in order to provide emergency medical 14,772
services and transportation to a hospital.
The operator shall make available to first aid providers 14,774
all of the equipment for first aid and emergency medical services 14,775
that is necessary for those personnel to function and to comply 14,776
with the regulations pertaining to first aid and emergency 14,777
medical services that are adopted under the "Federal Mine Safety 14,779
328
and Health Act of 1977," 91 Stat. 1290, 30 U.S.C.A. 801, and 14,781
amendments to it, including, without limitation, a portable 14,782
oxygen cylinder with a medical regulator and oxygen delivery 14,783
system.
(D)(1) A supervisory employee at a surface coal mine shall 14,786
be considered to be a first aid provider for the purposes of this 14,787
section if the employee has received from an instructor approved 14,788
by the chief of the division of mines and reclamation MINERAL 14,789
RESOURCES MANAGEMENT ten hours of initial first aid training as a 14,791
selected supervisory employee under 30 C.F.R. 77.1703 and 14,792
receives five hours of refresher first aid training as a selected 14,793
supervisory employee under 30 C.F.R. 77.1705 in each subsequent 14,794
calendar year.
(2) Each miner employed at a surface coal mine who is not 14,796
a first aid provider shall receive from an instructor approved by 14,797
the chief three hours of initial first aid training and two hours 14,798
of refresher first aid training in each subsequent calendar year. 14,799
(3) The training received in accordance with division (D) 14,801
of this section shall consist of a course of instruction 14,802
established in the manual issued by the mine safety and health 14,803
administration in the united states UNITED STATES department of 14,805
labor entitled "First FIRST aid, A Bureau A BUREAU of Mines 14,807
Instruction Manual MINES INSTRUCTION MANUAL" or its successor or 14,809
any other curriculum approved by the chief. The training shall
be included in the hours of instruction provided to miners in 14,811
accordance with training requirements established under 30 C.F.R. 14,812
part 48, subpart (b)(B), as amended, and 30 C.F.R. part 77, as 14,813
amended.
(E) Each operator of a surface coal mine shall establish, 14,815
keep current, and make available for inspection an emergency 14,816
medical plan that includes the telephone numbers of the division 14,817
of mines and reclamation MINERAL RESOURCES MANAGEMENT and of an 14,818
emergency medical services organization the services of which are 14,820
required to be retained under division (C) of this section. The 14,821
329
chief shall adopt rules in accordance with Chapter 119. of the 14,822
Revised Code that establish any additional information required 14,823
to be included in an emergency medical plan. 14,825
(F) Each operator of an underground coal mine or surface 14,828
coal mine shall provide or contract to obtain emergency medical 14,829
services training or first aid training, as applicable, at the 14,830
operator's expense, that is sufficient to train and maintain the 14,832
certification of the number of employees necessary to comply with 14,833
division (B) of this section and that is sufficient to train 14,834
employees as required under division (D) of this section and to 14,835
comply with division (C) of this section.
(G) The division may provide emergency medical services 14,838
training for coal mine employees by operating an emergency
medical services training program accredited under section 14,839
4765.17 of the Revised Code or by contracting with the operator 14,840
of an emergency medical services training program accredited 14,841
under that section to provide that training. The division may 14,843
charge coal mine operators a uniform part of the unit cost per 14,844
trainee.
(H) No coal mine operator shall violate or fail to comply 14,847
with this section.
Sec. 1567.02. In the operation of mines, mine owners, 14,856
lessees, and their agents may continue to use the type of 14,858
appliance and machinery owned or operated in such mines on 14,859
September 2, 1941, in the manner permitted by the statutes in 14,860
force on June 3, 1941, and until the mine in which such
appliances or machinery are located is exhausted or abandoned; in 14,862
the use of such appliances or machinery, they shall comply with 14,863
the rules of the chief of the division of mines and reclamation 14,864
MINERAL RESOURCES MANAGEMENT. In gaseous mines, as parts of such 14,866
machinery or appliances become worn out and have to be replaced, 14,867
the chief or the deputy mine inspector shall order that such 14,869
replacement parts put the machinery or appliance in a condition 14,871
or state, as far as practicable, to meet the requirements of the 14,872
330
United States bureau of mines for permissible machinery or 14,873
appliances; in case any piece of machinery or appliance is worn
out and is not so connected with the use of other machinery and 14,874
appliances as to make it necessary to replace such worn-out piece 14,875
with the same type in order to continue the use of the connected 14,876
appliances and machinery, the machinery or appliance purchased 14,877
for such replacement shall be of a type made lawful under this 14,878
chapter and Chapters 1561., 1563., and 1565. of the Revised Code, 14,879
which in gaseous mines shall be of permissible or approved type. 14,881
The chief, in making such rules, shall incorporate therein the 14,882
statutes in force on June 3, 1941, governing the use of such 14,884
appliances and machinery. If in his THE CHIEF'S opinion such 14,885
statutes do not provide the required protection, additional rules 14,887
to cover such use shall be made by him THE CHIEF or by the deputy 14,888
mine inspector, with his THE CHIEF'S approval. The deputy mine 14,889
inspector and the electrical inspector shall, in their periodic 14,891
inspection of the mines, report on the condition of all machinery 14,892
and appliances to see that this section is being complied with. 14,894
Sec. 1567.08. The mine foreman FOREPERSON shall each day 14,903
enter plainly or have entered in ink, in a book provided for that 14,904
purpose, a report of the condition of the mine, which report 14,905
shall clearly state any danger that such mine foreman FOREPERSON 14,907
has observed during the day, or any danger reported to him THE 14,908
MINE FOREPERSON by his THE MINE FOREPERSON'S assistants, the fire 14,909
bosses, or the shot firers when employed. The report shall also 14,911
state whether or not there is a proper supply of material on hand 14,912
for the safe working of the mine, and whether or not the 14,913
requirements of the law are complied with. He THE MINE 14,914
FOREPERSON shall also, once each week, enter plainly or have
entered in ink, in said THE book, a true report of all air 14,916
measurements required by this chapter and Chapters 1561., 1563., 14,918
and 1565. of the Revised Code, designating the place, the area of 14,920
each break-through and entry separately, the velocity of the air 14,921
in each break-through and entry, and the number of men WORKERS 14,922
331
employed in each separate split of air, with the date when the 14,924
measurements were taken. Said THE book shall be kept in the mine 14,926
office at the mine, for examination by the deputy mine inspector, 14,927
and by any person working in the mine, in the presence of the 14,928
mine foreman FOREPERSON. The mine foreman FOREPERSON shall each 14,929
day personally sign and certify to all facts entered and recorded 14,930
in such book. 14,931
The mine foreman FOREPERSON shall each day read carefully 14,933
and personally sign in ink, and certify to such facts, all 14,934
reports entered in the record book of the fire bosses. 14,935
The record books shall be prescribed and supplied by the 14,937
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 14,938
and purchased by the operator. 14,939
No person shall refuse or neglect to comply with this 14,941
section. 14,942
Sec. 1567.09. The operator of a mine shall provide and 14,952
maintain the necessary artificial means of capacity and power 14,953
capable of supplying the required ventilation, and shall maintain 14,954
a sufficient volume of air, not less per minute than one hundred 14,955
fifty cubic feet for each person measured at the point in the 14,956
mine where distribution to the various working sections begins 14,957
and distributed to the working faces so as to expel or dilute and 14,958
render harmless, explosive, poisonous, and noxious gases. The 14,959
air shall be measured at the last entry break-through in each 14,960
working section to see that a sufficient volume of air, not less 14,961
than nine thousand cubic feet per minute, is being distributed at 14,962
such point;, provided that in gaseous mines the volume of air 14,963
maintained for each person shall be not less than two hundred 14,964
cubic feet per minute measured at the point in the mine where 14,965
distribution to the various working sections begins. 14,966
No more than sixty-five men WORKERS shall be permitted to 14,968
work on one continuous current of air or split of air except with 14,969
the written consent of the chief of the division of mines and 14,971
reclamation MINERAL RESOURCES MANAGEMENT, and in no case shall 14,972
332
the number of men WORKERS exceed ninety.
Air in which men WORKERS work or travel in mines shall be 14,974
improved when it contains less than nineteen and one-half per 14,976
cent oxygen, or more than one-half of one per cent carbon 14,977
dioxide, or is contaminated with noxious or poisonous gases. If 14,978
the air immediately returning from a split that ventilates any 14,979
group of active workings contains more than one per cent methane, 14,980
as determined with a permissible flame safety lamp, by air 14,981
analysis, or by other recognized means of accurate detection, the 14,982
ventilation shall be improved. If the air immediately returning 14,983
from such a split contains one and one-half per cent methane, the 14,984
employees shall be withdrawn from the mine or the portion of the 14,985
mine affected thereby, and all power shall be cut off from such 14,986
mine or portion of the mine until such dangerous condition has 14,987
been corrected. If the air immediately returning from such a 14,988
split contains one and one-half per cent or more of methane, but 14,989
not more than two per cent of methane, withdrawal of the 14,990
employees from such mine or portion of the mine and shutting off 14,991
all power from such mine or portion of the mine shall not be 14,992
required if all of the following requirements are met: 14,993
(A) The volume of air provided and maintained in such 14,995
split is equal to or in excess of eighteen thousand cubic feet of 14,996
air per minute; 14,997
(B) Only permissible electric equipment is used; 14,999
(C) The air does not pass over trolley or other bare power 15,001
wires; 15,002
(D) An official certified under this chapter and Chapters 15,004
1561., 1563., and 1565. of the Revised Code is continually 15,006
testing the gas content of the air during the mining operations 15,007
therein.
At working faces and other places where methane has 15,009
accumulated and is likely to attain an explosive mixture, 15,010
blasting shall not be done and the men WORKERS shall be removed 15,011
from such working faces or places until such condition has been 15,013
333
corrected.
When the methane content of air in face operations exceeds 15,015
one per cent at any point twelve or more inches from the roof, 15,016
face, or rib, as determined by a permissible methane detector, a 15,017
permissible flame safety lamp, or analysis, such condition shall 15,018
be corrected by improving the ventilation promptly. The electric 15,019
face equipment at such point shall be turned off and not turned 15,020
back on until the methane condition is corrected by improving the 15,021
ventilation. 15,022
In gaseous mines, air that has passed through abandoned 15,024
panel sections shall not be re-used to ventilate live workings. 15,025
Mines that cannot comply with this requirement at once may 15,026
continue to operate as at present for a reasonable length of time 15,027
until future mine development and ventilation can be changed to 15,028
permit compliance with this section. 15,029
No operator of a mine shall refuse or neglect to comply 15,031
with this section. 15,032
Sec. 1567.10. Every outside fan installed after September 15,042
2, 1941, at any coal mine shall be placed at least twenty feet 15,043
from the side or mouth of the shaft entry or slope with which it 15,044
is connected for ventilating purposes and shall be of fireproof 15,045
construction. Explosion doors shall be provided in a direct line 15,046
with the mine opening. 15,047
Upon the written order of the chief of the division of 15,049
mines and reclamation MINERAL RESOURCES MANAGEMENT, all main mine 15,051
fans installed after September 2, 1941, shall be so arranged that 15,052
the ventilating current can be quickly reversed. No fan shall be 15,053
reversed while men WORKERS are in the mine unless authority to do 15,055
so is given, preferably in writing, by the mine foreman 15,056
FOREPERSON, superintendent, state inspector, or other responsible 15,058
person. The fan shall be inspected at least daily.
Every main ventilating fan at nongaseous mines shall be 15,060
kept in operation continuously day and night, unless operations 15,061
are definitely suspended, except when written permission is given 15,062
334
by the inspector to stop it. The permission, or a copy thereof, 15,063
shall be posted by the mine foreman FOREPERSON in a conspicuous 15,064
place at the entrances of the mine, and shall state the 15,066
particular hours the fan may be stopped. The inspector may 15,067
withdraw or modify such permission at any time and in any manner 15,068
he THE INSPECTOR deems best. In all cases in which permission 15,070
has been given by the inspector to stop the ventilating fan, the 15,071
fan shall be started a sufficient length of time prior to the 15,072
appointed time for any person working therein to enter, to clear 15,073
the mine of explosive, poisonous, and noxious gases, and shall be 15,074
kept in operation a sufficient length of time after the appointed 15,075
time for such employees to leave their working places, for all 15,076
persons to be out of the mine.
Every main ventilating fan at gaseous mines shall be kept 15,078
in operation continuously day and night unless operations are 15,079
definitely suspended. Should it become necessary to stop the fan 15,080
at any mine, gaseous or nongaseous, because of an accident to 15,081
part of the machinery connected therewith, or by reason of any 15,082
other unavoidable cause, the mine foreman FOREPERSON or the 15,083
foreman FOREPERSON in charge shall, after first having provided 15,084
for the safety of the persons employed in the mine, order the 15,086
fans stopped for necessary repairs. Should the ventilating fans 15,087
be stopped at any time for any reason at any gaseous mine for a 15,088
period of time sufficient to cause a serious interruption of the 15,089
ventilation, the source of electric power shall be forthwith 15,090
disconnected from the mine, and the source of electric power 15,091
shall not be reconnected with the mine until the fans have been 15,092
started, and the mine has been examined by the mine foreman 15,093
FOREPERSON, foreman FOREPERSON, or fire boss, and reported safe. 15,094
A record of such examination shall be entered in the fire boss 15,096
record book. The person in charge of the mine at the time of the 15,097
examination is responsible for the execution of this latter 15,098
provision.
No operator of a mine shall refuse or neglect to comply 15,100
335
with this section. 15,101
Sec. 1567.11. Booster and blower fans may be installed 15,110
only with the approval of the chief of the division of mines and 15,111
reclamation MINERAL RESOURCES MANAGEMENT, following the 15,112
submission by the owner, lessee, or agent of a definite plan of 15,113
ventilation in which it is proposed to use such fans and the 15,114
reason therefor.
No operator of a mine shall refuse or neglect to comply 15,116
with this section.
Sec. 1567.13. The mine foreman FOREPERSON shall see that 15,125
careful watch is kept over the ventilating apparatus and airways, 15,127
and that the volume of the ventilating current is measured at 15,128
least once each week at the inlet and outlet, at or near the face 15,129
of all entries, and at that point in the mine where distribution 15,130
to the various working sections begins. Such measurements shall 15,131
be noted in duplicate on blanks furnished by the division of 15,133
mines and reclamation MINERAL RESOURCES MANAGEMENT. On the first 15,134
day of each month, the mine foreman FOREPERSON shall forward such 15,136
blanks with his THE MINE FOREPERSON'S signature thereon to the 15,137
deputy mine inspector in the district in which the mine is 15,138
located, and such blanks shall be properly filled in with the 15,139
actual measurements so taken as prescribed in this section. On 15,140
all examinations which THAT the mine foreman FOREPERSON makes of 15,141
the old workings, he THE MINE FOREPERSON shall mark on a 15,144
conspicuous place with chalk his THE MINE FOREPERSON'S initials 15,145
and the date of the month of such examination. 15,146
No person shall refuse or neglect to comply with this 15,148
SECTION.
Sec. 1567.17. Where direct current is used underground in 15,158
mines, the following rules shall govern: 15,159
(A) In determining the voltage limit the difference in 15,161
potential shall not exceed three hundred twenty-five volts 15,162
measured by a meter at the nearest switchboard except with the 15,163
written approval of the chief of the division of mines and 15,164
336
reclamation MINERAL RESOURCES MANAGEMENT. 15,165
(B) For the protection of circuits, a switch and circuit 15,167
breaker shall be installed in the ungrounded side of the circuit, 15,168
but may be omitted from the return side. Fuses may be 15,169
substituted for circuit breakers transmitting twenty-five 15,170
kilowatts or less. Each circuit leading in the underground 15,171
workings of such mine shall be provided with a suitable ammeter. 15,172
Additional switches shall be installed in the ungrounded side of 15,173
all branch circuits. 15,174
(C) One side of grounded circuits shall be very 15,176
efficiently insulated from the earth. 15,177
(D) All trolley and feed wires shall be placed on the 15,179
opposite side of the track from refuge holes or necks of room. 15,180
All lines except telephone, shot firing, and signal lines shall 15,181
be on the same side as the trolley lines. 15,182
(E) All terminal ends of feed and trolley wires shall be 15,184
guarded to prevent persons FROM inadvertently coming in contact 15,185
with them. 15,186
(F) No locomotive shall be operated by means of a person 15,188
holding and sliding upon, or frequently making contact with, the 15,189
positive wire with any device attached to the cable as a 15,190
substitute for a trolley, except to move a locomotive out of 15,191
traffic because of a broken trolley pole or fixtures attached 15,192
thereto. This does not prohibit the operation of a locomotive by 15,193
means of a cable without the use of the trolley, if the 15,194
connection with and disconnection from the positive wire is made 15,195
when the locomotive is not in motion. 15,196
(G) Inside the mine the trolley wire shall be installed 15,198
parallel to the gauge line of the rail and as far away as 15,199
practical, and in no place closer than six inches from the gauge 15,200
line, except where written permission is given by the chief. The 15,201
trolley wire shall be securely supported on hangers efficiently 15,203
insulated. Such hangers shall be placed at intervals of not 15,204
exceeding thirty feet and at less intervals if it is necessary to 15,205
337
prevent the sag between points of support exceeding three inches. 15,206
Hangers installed after September 2, 1941, shall be of sufficient 15,207
height to place the trolley wire within six inches of the roof or 15,208
cross timbers at the point of trolley wire support, except where 15,209
the trolley wire may be above the top of the normal seam or draw 15,210
slate taken with the seam or six feet six inches from the top of 15,211
the rail.
(H) In underground workings all feed wires shall be in 15,213
places either above the trolley wire on the same hangers, between 15,214
trolley wire and rib, or on the rib as close to the roof as 15,215
practicable, and securely supported on hangers sufficiently 15,216
insulated, not more than fifty feet apart. If feed wires are 15,217
installed in entries which THAT are not equipped with trolleys, 15,218
they are to be installed as close to the rib as practicable. 15,220
(I) Recharging stations for battery locomotives located 15,222
inside a mine shall be adequately ventilated at all times. All 15,223
charging panels shall be equipped with automatic overload circuit 15,224
breakers and ammeters. All refuse or movable material of an 15,225
inflammable nature shall be kept out of such stations. 15,226
(J) All trolley and positive feed wires crossing places 15,228
where persons or animals are required to travel shall be safely 15,229
guarded or protected from such persons or animals coming in 15,230
contact with such wires, except where such wires are above the 15,231
top of normal seam or draw slate taken with the seam, or six feet 15,232
six inches from the top of the rail. 15,233
(K) No trolley wire shall be extended into or maintained 15,235
in any room while being used as a working place; no trolley or 15,236
feed wire shall be extended into any entry beyond the outside 15,237
corner of the last break-through, except in case of systems of 15,238
mining or equipment approved by the chief. 15,239
(L) When necessary to carry bare wires down shafts or 15,241
slopes used as traveling ways, the wires must SHALL be thoroughly 15,243
protected so that persons cannot inadvertently come in contact 15,244
with them. 15,245
338
(M) When positive machine feed wires are extended into 15,247
rooms, they shall be placed not nearer than four feet from the 15,248
rail where the room is of sufficient width, and shall only be 15,249
connected to the positive wire on the entry while in actual use. 15,250
The wire used for making such connections shall be of sufficient 15,251
length to reach across the entry, and when the same is 15,252
disconnected, it shall be removed from the entry or be kept with 15,253
the machine. No electric wires shall be extended into any room 15,254
unless a one hundred fifty foot trailing cable will not reach the 15,255
face of the room, and then not beyond the outside corner of the 15,256
last break-through, except in the case of systems of mining and 15,257
equipment approved by the chief. Means shall be provided by 15,258
which machine runners may readily install the machine cable 15,259
across the entry so as to render it free from ground, and so the 15,260
cable will not come in contact with persons or animals required 15,261
to travel such entry. 15,262
(N) Any track or rail that is used as a return circuit 15,264
shall be properly bonded. When metallic pipe lines PIPELINES 15,265
parallel a rail or track used for return, the pipe may be bonded 15,267
to the rail at both ends to avoid electrolysis, and if the pipe 15,268
line PIPELINE is of unusual length, intermediate bonds should 15,270
SHALL be installed. No pipe line PIPELINE or any part thereof 15,272
shall be used exclusively as the return. In a section of a mine 15,273
where electric detonators or electric squibs are used, metallic 15,274
pipe-line PIPELINE rails and return lines in that section shall 15,276
be bonded together.
(O) All lighting circuits of a mine, whether underground 15,278
or outside, shall be installed in such a manner that they will 15,279
not be a fire hazard or will not endanger persons coming in 15,280
contact therewith. 15,281
No operator of a mine shall refuse or neglect to comply 15,283
with this section. 15,284
Sec. 1567.18. When alternating current is used underground 15,294
in mine MINES, the following rules apply: 15,295
339
(A) On all low voltage circuits all wires shall be 15,297
protected by a switch and an automatic overload circuit breaker 15,298
on each wire of the circuit, except that fuses may be substituted 15,299
for circuit breakers in THE case of lighting circuits and in the 15,300
case of power circuits transmitting twenty-five kilowatts or 15,301
less. All wires shall be insulated with a standard insulation 15,302
and shall be placed between trolley wire and rib or on the rib as 15,303
close to the roof as practicable and securely supported upon 15,304
hangers efficiently insulated. Additional switches shall be 15,305
installed in all branch circuits. All points of connection shall 15,306
be properly protected so that persons cannot inadvertently come 15,307
in contact therewith. No voltage in excess of two hundred sixty 15,308
volts measured at the nearest switchboard shall be used in mobile 15,309
machinery except with the written approval of the chief of the 15,310
division of mines and reclamation MINERAL RESOURCES MANAGEMENT. 15,311
(B) When high voltage circuits are used, all wires shall 15,313
be provided with a suitable ammeter and protected by an oil-break 15,314
switch on each wire of the circuit, such switch to be equipped 15,315
with an automatic overload trip. All wires shall be insulated 15,316
with a standard insulation at least fifty per cent higher than 15,317
the standard for the commercial rated voltage between conductors 15,318
and ground and installed in conduit or be lead covered with an 15,319
additional covering of steel armor wire or steel tape, and all 15,320
wire shall be subject to carrying capacity according to the rules 15,321
of the national board of fire underwriters. This cable may be 15,322
installed either in or on the bottom or in the location 15,323
prescribed for direct current feed lines, except no further 15,324
insulation shall be required than specified in this section. 15,325
(C) No voltage in excess of eight thousand volts between 15,327
conductor and ground may be used to operate semipermanent and 15,328
permanent machinery except with the written approval of the 15,329
chief. All installations shall be made in accordance with the 15,331
accepted electrical standards and practices, especially with 15,332
regard to protective switches, insulation materials, clearance 15,333
340
danger signs, and gates. The location, ventilation, and 15,334
protection against fire hazard and personal injury shall be 15,335
subject to the approval of the chief.
(D) The division of mines and reclamation MINERAL 15,337
RESOURCES MANAGEMENT shall accept standard electrical practices 15,339
in regard to the underground electrical installations and 15,340
operation of alternating current equipment, but may augment the 15,341
same to provide additional safeguards. When exercising this
authority, the division shall give due consideration to the 15,342
safety experience in regard to similar installations and the 15,343
similar operation thereof under similar conditions. 15,344
(E) The mine foreman FOREPERSON shall have posted at the 15,346
mine opening, and in all permanent substations therein, a copy of 15,347
instructions as to the method of resuscitation of persons 15,348
suffering from electric shock. All persons working about such 15,349
stations, or with electric machines, shall familiarize themselves 15,350
with such rules. 15,351
No operator of a mine shall refuse or neglect to comply 15,353
with this section. 15,354
Sec. 1567.19. At all stripping mines where alternating 15,364
current is used to operate shovels or to convert alternating 15,365
current to direct current, and where the machines used for this 15,366
purpose are installed on the shovel or building attached thereto, 15,367
or where armored cables are used to conduct the current from the 15,368
main transmission line to said THE shovel, all machines and
armored cables so installed or used must SHALL be grounded in a 15,370
manner approved by the chief of the division of mines and 15,372
reclamation MINERAL RESOURCES MANAGEMENT.
No owner, lessee, agent, or operator of a mine shall 15,374
violate this section.
Sec. 1567.23. No employee, workman WORKER, or miner shall 15,383
have in his THE EMPLOYEE'S, WORKER'S, OR MINER'S possession 15,385
inside of an underground mine more than one twenty-five pound keg 15,387
or box of blasting powder or other explosives. Every person who 15,388
341
has powder or other explosives in an underground mine shall keep 15,389
the same in a wooden box suitable to contain the original 15,390
container of such explosive. Such box shall be kept at all times 15,391
at least twenty-five feet from the track and electric wire, no 15,392
two of such boxes shall be kept within twenty-five feet of each 15,393
other, nor shall blasting powder and high explosives be kept in 15,394
the same box, and in no case shall detonating caps be kept in a 15,395
box with blasting powder or high explosives. 15,396
Where systems of mining are such that it is impracticable 15,398
to comply with the provisions of the first paragraph of this 15,399
section, such provisions THOSE REQUIREMENTS may be modified in 15,400
writing by the chief of the division of mines and reclamation 15,402
MINERAL RESOURCES MANAGEMENT, upon the request of the owner, 15,404
lessee, or agent of such mine. No operator shall maintain or 15,405
have a magazine for the storage of blasting powder or high 15,406
explosives, including detonating caps, in the underground 15,407
workings of any mine, except with the written permission of the 15,408
chief.
No employee or operator of a mine shall refuse or neglect 15,410
to comply with this section. 15,411
Sec. 1567.34. The owner, lessee, or agent of any mine 15,420
shall not order or permit solid shooting in a mine unless he THE 15,421
OWNER, LESSEE, OR AGENT has obtained written permission to do so 15,423
from the chief of the division of mines and reclamation MINERAL 15,424
RESOURCES MANAGEMENT, who may issue such permit when in his THE 15,426
CHIEF'S judgment such solid shooting is necessary for the just 15,427
and reasonably profitable operation of such mine. 15,428
No owner, lessee, agent, or operator of a mine shall 15,430
violate this section.
Sec. 1567.35. No gasoline, naphtha, kerosene, fuel oil, or 15,439
gas engine shall be used in a mine, except for operating pumping 15,440
machinery where electric, compressed air, or steam power is not 15,441
available or cannot be transmitted to the pump, in which case the 15,442
owner, lessee, or agent shall observe the following: 15,443
342
(A) Notice shall be given to the chief of the division of 15,445
mines and reclamation MINERAL RESOURCES MANAGEMENT, before 15,446
installing, and the installation and operation shall be subject 15,448
to the chief's approval. 15,449
(B) No wood or inflammable material shall be permitted 15,451
within twenty-five feet of the engine. 15,452
(C) The supply tank from which the gasoline, naphtha, 15,454
kerosene, or fuel oil is fed to the engine, shall be of metal, 15,455
with a suitable screw cap opening, fitted with a gasket, so as to 15,456
make the tank airtight and prevent the escape of gas into the 15,457
atmosphere, and the tank kept free from leaks.
(D) The gasoline, naphtha, kerosene, or fuel oil shall be 15,459
fed from a tank to the carburetor or mixer by metal tubes 15,460
securely connected so as to reduce the possibility of leaks to a 15,461
minimum.
(E) The exhaust from the engine shall be conducted by 15,463
means of metal pipes into the return air current, so that the 15,464
combustion fumes will not enter the workings of the mine where 15,465
the men WORKER'S are required to work, or be conducted in an 15,466
upcast shaft or slope not used as a means of ingress or egress or 15,467
through metal pipes to the surface. 15,468
(F) At no time shall more than five gallons of such 15,470
gasoline, naphtha, kerosene, or fuel oil be taken into the mine, 15,471
including that in the supply tank. 15,472
(G) No gasoline, naphtha, kerosene, or fuel oil shall be 15,474
taken into the mine except in metallic cans, with a screw cap 15,475
opening at the top, fitted with a suitable gasket. 15,476
(H) No package, can, or supply tank of an engine, 15,478
containing gasoline, naphtha, kerosene, or fuel oil, shall be 15,479
opened until ready to make the transfer from the package or can 15,480
to the supply tank, and in transferring, a funnel shall be used 15,481
so as to avoid spilling the gasoline, naphtha, kerosene, or fuel 15,482
oil, and the cap on the supply tank shall be immediately closed.
(I) In no case shall the package, can, or supply tank be 15,484
343
opened when an open light or other thing containing fire is 15,485
within twenty-five feet of the same, provided that subject to the 15,486
approval of the chief, the restrictions in the use of fuel oil in 15,487
a mine shall not apply to mobile or portable machinery, if such 15,488
mobile or portable machinery is used in a clay, limestone, shale,
or any other mine not a coal mine. 15,489
No owner, lessee, agent, or operator of a mine shall 15,491
violate this section.
Sec. 1567.39. The operator of an underground coal mine, at 15,500
which locomotives are used for hauling coal, shall keep a light 15,501
on the front end of the locomotive when it is in use. When the 15,502
locomotive is run ahead of the trip, and the trip rider is not 15,503
required to ride the rear car of the trip, a signal, light, or 15,504
marker, approved by the deputy mine inspector, shall be carried 15,505
on the rear end of the trip to indicate when the trip has passed. 15,506
Cars shall not be pushed ahead of the locomotive where it can be 15,507
avoided. When cars are run ahead of the locomotive, a light 15,508
shall be carried on the front end of the trip, and the cars shall 15,509
not be moved at a speed greater than four miles per hour. When 15,510
rope haulage is used, an enclosed light shall be carried on the 15,511
front end of each train so hauled. 15,512
A trip light, reflectors, or other devices approved by the 15,514
chief of the division of mines and reclamation MINERAL RESOURCES 15,515
MANAGEMENT shall be used on the rear of trips pulled and on the 15,518
front of trips pushed or lowered in slopes. However, trip lights 15,519
or other approved devices need not be used on cars being shifted 15,520
to and from loading machines, on cars being handled at loading 15,521
heads, during gathering operations at working faces, when 15,522
trailing locomotives are used, or on trips pulled by animals. 15,523
Cars on main haulage roads shall not be pushed, except where 15,524
necessary to push cars from side tracks located near the working 15,525
section to the producing entries and rooms, where necessary to 15,526
clear switches and sidetracks, and on the approach to cages, 15,527
slopes, and surface inclines. Warning lights or reflective signs 15,528
344
or tapes shall be installed along haulage roads at locations of 15,529
abrupt or sudden changes in the overhead clearance. 15,530
No person, other than the motorman LOCOMOTIVE OPERATOR and 15,532
brakeman BRAKEPERSON, shall ride on a locomotive unless 15,534
authorized by the mine foreman FOREPERSON, and then only when 15,535
safe riding facilities are provided.
Positive-acting stopblocks or derails shall be used where 15,537
necessary to protect persons from danger of runaway haulage 15,538
equipment. The operator of all self-propelled equipment 15,539
including off-track equipment shall give an audible warning 15,540
wherever persons may be endangered by the movement of the 15,541
equipment. Locomotives and personnel carriers shall not approach 15,542
within three hundred feet of preceding haulage equipment, except 15,543
trailing locomotives that are an integral part of the trip. A 15,544
total of at least thirty-six inches of unobstructed side 15,545
clearance (both sides combined) shall be provided for all 15,546
rubber-tired haulage equipment where such equipment is used. 15,547
Off-track haulage roadways shall be maintained as free as 15,548
practicable from bottom irregularities, debris, and wet or muddy 15,549
conditions that affect the control of the equipment. Operators 15,550
of self-propelled equipment shall face in the direction of 15,551
travel. Mechanical steering and control devices shall be 15,552
maintained so as to provide positive control at all times. All 15,553
self-propelled, rubber-tired haulage equipment shall be equipped 15,554
with well maintained brakes, lights, and a warning device. On 15,555
and after January 1, 1977, all tram control switches on 15,556
rubber-tired equipment shall be designed to provide automatic 15,557
return to the stop or off position when released. 15,558
No operator of a mine shall refuse or neglect to comply 15,560
with this section. 15,561
Sec. 1567.45. (A) When more than the lawful number of 15,570
persons get on a cage or elevator to be lowered into a mine, or 15,571
to be hoisted out of a mine, the person in charge of the lowering 15,572
or hoisting of such persons shall order a sufficient number to 15,573
345
get off such cage or elevator to comply with section 1567.49 of 15,574
the Revised Code, and shall not lower or raise the cage until 15,575
such order is complied with.
(B) Every hoist used to transport persons at a coal mine 15,577
shall be equipped with overspeed, overwind, and automatic stop 15,578
controls. Every hoist-handling platform, cage, or other device 15,579
used to transport persons shall be equipped with brakes capable 15,580
of stopping the fully loaded platform, cage, or other device; 15,581
with hoisting cable adequately strong to sustain the fully loaded
platform, cage, or other device; and have a proper margin of 15,582
safety. Cages, platforms, or other devices which THAT are used 15,583
to transport persons in shafts and slopes shall be equipped with 15,585
safety catches or other no less effective devices approved by the 15,586
chief of the division of mines and reclamation MINERAL RESOURCES 15,587
MANAGEMENT that act quickly and effectively in an emergency, and 15,589
such catches shall be tested at least once every two months. 15,590
Hoisting equipment, including automatic elevators, that is used 15,591
to transport persons shall be examined daily. Where persons are
transported into or out of a coal mine by hoists, a qualified 15,592
hoisting engineer shall be on duty while any person is 15,593
underground, except that no such engineer is necessary for 15,594
automatically operated cages, platforms, or elevators. Brakes on 15,595
hoists used to transport persons shall be capable of stopping and 15,596
holding the fully loaded platform, cage, or other device at any
point in the shaft, slope, or incline. 15,597
(C) All hoisting equipment at a mine, including automatic 15,599
elevators, safety catches, and other devices approved by the 15,600
chief, shall be examined daily, and the examination shall 15,601
include, but not be limited to, the following: 15,602
(1) A visual examination of the rope for wear, broken 15,604
wires, and corrosion, especially at excessive strain points, such 15,605
as near the attachments, where the rope rests on the sheaves and 15,606
where the rope leaves the drum at both ends;
(2) An examination of the rope fastenings for defects; 15,608
346
(3) An examination of safety catches; 15,610
(4) An examination of the cage, platforms, elevators, or 15,612
other devices for loose, missing, or defective parts; 15,613
(5) An examination of the head sheaves to check for broken 15,615
flanges, defective bearings, rope alignment, and proper 15,616
lubrication;
(6) An observation of the lining and all other equipment 15,618
and appurtenances installed in the shaft. 15,619
A log or record of each daily examination of hoisting 15,621
equipment shall be kept, listing each item examined. Each daily 15,622
entry shall be signed by the person or persons making the 15,623
examination. The reports of the examinations shall be read and 15,624
countersigned by a responsible company official daily.
(D) Hoists shall have rated capacities consistent with the 15,626
loads handled and the recommended safety factors of the ropes 15,627
used. An accurate and reliable indicator of the position of the 15,628
cage, platform, skip, bucket, or cars shall be provided, and 15,629
shall be placed so that it is in clear view of the hoisting
engineer and shall be checked daily to determine its accuracy. 15,630
The American national standards institute "specifications for the 15,631
use of wire ropes for mines," M11.1-1960, or the latest revision 15,632
thereof, shall be used as a guide in the use, selection, 15,633
installation, and maintenance of wire ropes used for hoisting. 15,634
Alterations or changes in a hoist which THAT affect the rated 15,635
capacity shall be made only with the approval of the chief.
(E) There shall be at least two effective methods approved 15,637
by the chief of signaling between each of the shaft stations and 15,638
the hoist room, one of which shall be a telephone or speaking 15,639
tube. One of the methods used to communicate between shaft 15,640
stations and the hoist room shall give signals which THAT can be 15,641
heard by the hoisting engineer at all times while men WORKERS are 15,642
underground. Signaling systems used for communication between 15,643
shaft stations and the hoist room shall be tested daily. Other 15,644
safeguards adequate, in the judgment of the chief or a deputy 15,645
347
mine inspector, to minimize hazards with respect to
transportation of men WORKERS and materials shall be provided. 15,646
Divisions (E)(1), (2), and (3) of this section set forth the 15,648
criteria by which the chief or a deputy mine inspector shall be 15,649
guided in requiring other safeguards on a mine-by-mine basis. 15,650
The chief or deputy mine inspector shall notify the operator in 15,651
writing of any additional specific safeguard he THE CHIEF OR 15,652
DEPUTY MINE INSPECTOR requires and shall fix a time in which the
operator shall comply. If the safeguard is not provided within 15,654
the time fixed and if it is not maintained thereafter, a notice 15,655
of violation shall be issued to the operator.
(1) Hoists and elevators used to transport materials shall 15,657
be equipped with brakes capable of stopping and holding the fully 15,658
loaded platform, cage, skip, car, or other device at any point in 15,659
the shaft, slope, or incline.
(2) The clutch of a free-drum on a manhoist WORKER HOIST 15,661
shall be provided with a locking mechanism or interlocked with 15,663
the brake to prevent the accidental withdrawal of the clutch. 15,664
The hoist rope attached to a cage, man WORKER car, or trip shall 15,665
be equipped with two bridle chains or cables connected securely 15,666
to the rope at least three feet above the attaching device and to 15,667
the cross-piece of the cage, man WORKER car, or trip. The hoist 15,669
rope shall have at least three full turns on the drum when 15,671
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 15,672
in the case of a free drum, and be fastened securely. Cages used 15,673
for hoisting men WORKERS shall be constructed with the sides 15,675
enclosed to a height of at least six feet and shall have gates, 15,677
safety chains, or bars across the ends of the cage when men 15,678
WORKERS are being hoisted or lowered. Self-dumping cages,
platforms, or other devices used for transportation of men 15,680
WORKERS shall have a locking device to prevent tilting when men 15,682
WORKERS are transported thereon. An attendant shall be on duty 15,683
at the surface when men WORKERS are being hoisted or lowered at 15,684
348
the beginning and end of each operating shift. Precautions shall 15,687
be taken to protect persons working in shaft sumps. Workmen 15,688
WORKERS shall wear safety belts while doing work in or over 15,689
shafts. 15,690
(3) The doors of automatic elevators shall be equipped 15,692
with interlocking switches so arranged that the elevator car will 15,693
be immovable while any door is opened or unlocked, and arranged 15,695
so that such door or doors cannot be inadvertently opened when 15,696
the elevator car is not at a landing. A "stop" switch shall be 15,697
provided in the automatic elevator compartment that will permit 15,698
the elevator to be stopped at any location in the shaft. A slack
cable device shall be used where appropriate on automatic 15,699
elevators which THAT will automatically shut off the power and 15,701
apply the brakes in the event the elevator is obstructed while 15,702
descending. Each automatic elevator shall be provided with a 15,703
telephone or other effective communication system by which aid or 15,704
assistance can be obtained promptly.
No person shall refuse or neglect to comply with this 15,706
section.
Sec. 1567.52. The management of any mine may, with the 15,716
consent of the deputy mine inspector, add to the code of signals 15,717
to increase its efficiency, or to promote the safety of the men 15,718
WORKERS in such mine, but whatever code is established and in use 15,720
at any mine must SHALL be approved by the division of mines and 15,721
reclamation MINERAL RESOURCES MANAGEMENT, and conspicuously 15,723
posted at the top, at the bottom, and in the engine room, for the 15,724
information and instruction of all persons concerned.
No operator of a mine shall refuse or neglect to comply 15,726
with this section.
Sec. 1567.54. At each mine at which the only means of 15,735
egress is by vertical shaft, the operator shall provide adequate 15,736
fire protection to secure the safety of such shaft, and, when but 15,737
one shaft is the only available means of egress, shall keep in 15,738
attendance a competent person when persons are inside of such 15,739
349
mine. 15,740
Each underground coal mine shall be provided with suitable 15,742
firefighting equipment adapted for the size and conditions of the 15,744
mine. The chief of the division of mines and reclamation MINERAL 15,745
RESOURCES MANAGEMENT shall adopt and may amend or rescind rules 15,746
establishing minimum requirements for the type, quality, and 15,747
quantity of such equipment. The rules shall include the 15,748
following minimum firefighting equipment at each underground coal 15,749
mine, regardless of its size or condition, except where 15,750
indicated: waterlines shall be capable of delivering fifty 15,751
gallons of water a minute at a nozzle pressure of fifty pounds 15,752
per square inch. A portable water car shall be of at least one 15,753
thousand gallon capacity and shall have at least three hundred
feet of fire hose with nozzles. A portable water car shall be 15,754
capable of providing a flow through the hose of fifty gallons of 15,756
water per minute at a nozzle pressure of fifty pounds per square 15,757
inch. A portable chemical car shall carry enough chemicals to 15,758
provide a fire extinguishing capacity equivalent to that of a 15,759
portable water car. A portable foam-generating machine or device 15,761
shall have facilities and equipment for supplying the machine 15,762
with thirty gallons of water per minute at thirty pounds per 15,763
square inch for a period of thirty-five minutes. A portable fire 15,764
extinguisher shall be either a multipurpose dry chemical type 15,765
containing a nominal weight of five pounds of dry powder and 15,766
enough expellant to apply the powder or a foam-producing type 15,767
containing at least two and one-half gallons of foam-producing 15,768
liquids and enough expellant to supply the foam. Only fire 15,769
extinguishers approved by the Underwriters Laboratories 15,770
UNDERWRITERS LABORATORIES, Incorporated INCORPORATED, or Factory 15,771
Mutual Research Corporation FACTORY MUTUAL RESEARCH CORPORATION, 15,772
carrying appropriate labels as to type and purpose, shall be 15,774
used. After January 1, 1977, all new portable fire extinguishers 15,775
acquired for use in a coal mine shall have a 2A 10 BC or higher 15,776
rating.
350
Fire hose shall be lined with a materiel MATERIAL having 15,778
flame resistant qualities meeting requirements for hose in Bureau 15,780
of Mines' Schedule 2G. The cover shall be polyester, or other 15,781
material with flame-spread qualities and mildew resistance equal 15,782
or superior to polyester. The bursting pressure shall be at 15,783
least four times the water pressure at the valve to the hose 15,784
inlet with the valve closed; the maximum water pressure in the 15,785
hose nozzle shall not exceed one hundred pounds per square inch, 15,786
gauge. However, fire hose installed for use in underground coal 15,787
mines prior to December 30, 1970, shall be mildew-proof and have 15,788
a bursting pressure at least four times the water pressure at the 15,790
valve to the hose inlet with the valve closed, and the maximum 15,791
water pressure in the hose nozzle with water flowing shall not 15,792
exceed one hundred pounds per square inch, gauge.
Each working section of an underground coal mine producing 15,794
three hundred tons or more per shift shall be provided with two 15,795
portable fire extinguishers and two hundred forty pounds of rock 15,796
dust in bags or other suitable containers; waterlines shall 15,797
extend to each section loading point and be equipped with enough 15,798
fire hose to reach each working face unless the section loading 15,799
point is provided with two portable water cars, or two portable 15,800
chemical cars, or one portable water or chemical car and either a 15,802
portable foam-generating machine or a portable high-pressure
rock-dusting machine fitted with at least two hundred fifty feet 15,803
of hose and supplied with at least sixty sacks of rock dust. 15,804
Each working section of an underground coal mine producing 15,806
less than three hundred tons of coal per shift shall be provided 15,807
with two portable fire extinguishers, one hundred forty pounds of 15,808
rock dust in bags or other suitable containers, and at least five 15,810
hundred gallons of water and at least three pails of ten quart 15,811
capacity. In lieu of the five hundred gallon water supply a 15,812
water-line WATERLINE of sufficient hose to reach the working
places, a portable water car of at least five hundred gallon 15,813
capacity, or a portable, all-purpose dry powder chemical car of 15,814
351
at least one hundred twenty-five pounds capacity may be provided. 15,815
In all underground coal mines, waterlines shall be 15,817
installed parallel to the entire length of belt conveyors and 15,818
shall be equipped with fire hose outlets with valves at three 15,819
hundred foot intervals along each belt conveyor and at 15,820
tailpieces. At least five hundred feet of fire hose with 15,821
fittings suitable for connection with each belt conveyor 15,822
waterline system shall be stored at strategic locations along the 15,823
belt conveyor. Waterlines may be installed in entries adjacent 15,824
to the conveyor entry belt as long as the outlets project into 15,826
the belt conveyor entry. 15,827
In underground coal mines producing three hundred tons of 15,829
coal or more per shift, waterlines shall be installed parallel to 15,830
all haulage tracks using mechanized equipment in the track or 15,831
adjacent entry and shall extend to the loading point of each 15,832
working section. Waterlines shall be equipped with outlet valves 15,834
at intervals of not more than five hundred feet, and five hundred 15,835
feet of fire hose with fittings suitable for connection with such 15,836
waterlines shall be provided at strategic locations. Two 15,837
portable water cars, readily available may be used in lieu of 15,838
waterlines prescribed under this paragraph.
In underground coal mines producing less than three hundred 15,840
tons of coal per shift, a tank of water of at least fifty-five 15,841
gallon capacity with at least three pails of not less than 15,842
ten-quart capacity, or not less than two hundred forty pounds of 15,843
bagged rock dust shall be provided at five hundred foot intervals 15,844
along all main and secondary haulage roads. 15,845
Each track or offtrack locomotive, self-propelled mantrip 15,847
car, or personnel carrier shall be equipped with one portable 15,848
fire extinguisher. 15,849
Two portable fire extinguishers or one extinguisher having 15,851
at least ten pounds of dry powder or five gallons of 15,852
foam-producing liquids shall be provided at each permanent 15,853
electrical installation. One portable fire extinguisher and two 15,854
352
hundred forty pounds of rock dust shall be provided at each 15,855
temporary electrical installation. 15,856
One portable fire extinguisher or two hundred forty pounds 15,858
of rock dust shall be provided at locations where welding, 15,859
cutting, or soldering with arc or flame is being done. 15,860
At each wooden door through which power lines pass there 15,862
shall be one portable fire extinguisher or two hundred forty 15,863
pounds of rock dust within twenty-five feet of the door on the 15,864
intake air side. 15,865
At each underground coal mine producing three hundred tons 15,867
of coal or more per shift there shall be readily available the 15,868
following materials at locations not exceeding two miles from 15,869
each working section: one thousand board feet of brattice 15,870
boards, two rolls of brattice cloth, two hand saws, twenty-five 15,871
pounds of eightpenny nails, twenty-five pounds of ten penny 15,873
TENPENNY nails, twenty-five pounds of sixteenpenny nails, three 15,875
claw hammers, twenty-five bags of wood fiber plaster or ten bags 15,876
of cement or equivalent material for stoppings, and five tons of 15,877
rock dust. These materials shall be available at each mine 15,878
producing less than three hundred tons of coal per shift, except 15,879
that if the active working sections are located at a distance of 15,880
two miles or less from the surface, the emergency materials for 15,881
one or more mines may be stored at a central warehouse or 15,882
building supply company, and such supply must SHALL be the 15,883
equivalent of that required for all mines involved and within one 15,884
hour's delivery time from each mine.
All fire fighting equipment shall be maintained in a usable 15,886
and operative condition. Chemical extinguishers shall be 15,887
examined every six months and the date of the examination shall 15,888
be written on a permanent tag attached to the extinguisher. 15,889
The operator shall give each miner a self-rescue device 15,891
that is adequate to protect the miner for one hour or longer and 15,892
is approved by the chief. Such self-rescue devices shall be worn 15,893
or carried on the person of each miner. However, where the 15,894
353
wearing or carrying of self-rescue devices is hazardous to a 15,895
miner, such devices shall be located at a distance no greater 15,896
than twenty-five feet from the miner. Where a miner works on or 15,897
around mobile equipment, self-rescue devices, if not carried by 15,898
the miner, shall be placed in a readily accessible location on 15,899
such equipment. 15,900
No operator of a mine shall refuse or neglect to comply 15,902
with this section.
Sec. 1567.55. The operator of any coal mine or the owner 15,911
of land bearing natural coal deposits immediately upon learning 15,912
of a fire in any coal seam upon his THE OPERATOR'S OR OWNER'S 15,913
property shall report the fire to the chief of the division of 15,915
mines and reclamation MINERAL RESOURCES MANAGEMENT. 15,916
When a coal seam fire is reported to said THE chief he, THE 15,919
CHIEF shall immediately investigate such fire. In the event of a 15,920
fire in any outcrop of a coal seam or in an abandoned mine, the 15,921
chief shall extinguish such fire, and he THE CHIEF may employ 15,922
such persons and purchase such materials as are necessary to 15,924
extinguish such fire. Persons so employed shall serve at the 15,925
pleasure of the chief and their employment shall not be governed 15,926
by civil service laws, rules, or regulations. Materials 15,927
purchased for immediate use in extinguishing a fire shall be 15,928
emergency purchases and shall be paid for out of state funds 15,929
appropriated for such purpose upon vouchers issued by said THE 15,930
chief certifying to the emergency nature of the purchase, 15,931
notwithstanding the fact that there has been no compliance with 15,932
other laws governing the making of purchases by the state. 15,933
Whenever, after August 26, 1949, the surface of a natural 15,935
deposit of coal is exposed by mining operations, the chief may 15,936
order the owner, lessee, or agent of the mine at which such 15,937
exposure occurs to cover such exposed surface with earth or other 15,938
noncombustible material if, in the judgment of the chief, such 15,939
covering is necessary to prevent a fire in said THE coal which 15,941
THAT would endanger life or property. Such order shall be in 15,942
354
writing and shall fix a reasonable time for compliance therewith. 15,943
No operator of a mine shall refuse or neglect to comply with such 15,944
order for a period of fifteen days after the expiration of the 15,945
time fixed in such order for compliance therewith. Each period 15,946
of fifteen days after the expiration of the time fixed in such 15,947
order for compliance therewith, during which any such operator 15,948
refuses or neglects to comply with such order, constitutes a 15,949
separate offense. 15,950
Sec. 1567.57. Every operator of a mine shall install and 15,959
maintain in efficient working condition a system of two-way 15,960
communications approved by the chief of the division of mines and 15,961
reclamation MINERAL RESOURCES MANAGEMENT connecting the surface 15,962
and each landing of main shafts and slopes between the surface 15,963
and each working section of any coal mine that is more than one 15,964
hundred feet from a portal.
No operator of a mine shall refuse or neglect to comply 15,966
with this section.
Sec. 1567.61. As used in this section, "emergency medical 15,976
service organization" has the same meaning as in section 4765.01 15,977
of the Revised Code. 15,978
The operator at all mines and quarries shall keep first aid 15,980
and emergency medical equipment in a dry and sanitary condition 15,981
in accessible places. 15,982
Each operator shall report to the chief of the division of 15,985
mines and reclamation MINERAL RESOURCES MANAGEMENT, the name, 15,986
title, and address of each emergency medical service organization 15,987
with which arrangements have been made or otherwise provided. 15,988
Each operator shall, within ten days after any change of the 15,989
arrangements, report such changes to the chief. If such changes 15,990
involve a substitution of persons, the operator shall report the 15,991
name, title, and address of the person substituted together with 15,992
the name and address of the emergency medical service 15,993
organization with which such person is associated. Each operator 15,994
shall, immediately after making such an arrangement or any change 15,995
355
of such arrangement, post at appropriate places at the mine the 15,996
names, titles, addresses, and telephone numbers of all persons or 15,997
organizations currently available under such arrangements to 15,998
provide medical assistance and transportation at the mine. The 15,999
operator of an underground mine shall provide a vehicular mode of 16,000
transportation that is equipped to handle stretchers to transport 16,001
injured miners underground in a manner that minimizes shock. 16,002
Such vehicle shall be accessible within the lesser of thirty 16,003
minutes or the time needed to render first aid and medical 16,004
attention, secure the injured person to a stretcher or 16,005
broken-back board or other device, and transport the injured 16,006
person to the vehicle.
No operator of a mine shall refuse or neglect to comply 16,008
with this section. 16,009
Sec. 1567.69. (A) On and after the effective date of this 16,018
section JULY 20, 1984, no operator shall begin longwall mining in 16,020
any coal mine until plans for the longwall mining have been filed 16,021
with and approved by the chief of the division of mines and 16,022
reclamation MINERAL RESOURCES MANAGEMENT. All revisions to 16,023
approved plans shall also be submitted for approval to the chief. 16,024
The chief shall not approve any plan or revision unless it meets 16,025
the requirements of this section and shall approve all plans and 16,026
revisions that meet those requirements. 16,027
Approval of a plan or revision, or portion thereof, under 16,029
comparable provisions of the "Federal Coal Mine Safety and Health 16,030
Act of 1969," 83 Stat. 742, 30 U.S.C.A. 801, as amended or 16,031
reenacted, or regulations promulgated ADOPTED thereunder, shall 16,032
be a sufficient basis for approval of the plan or revision, or 16,033
portion thereof, by the chief unless the chief makes a specific 16,034
written explanation and findings as to why the federally approved 16,035
plan, revision, or portion thereof does not meet the requirements 16,036
of the mining laws of this state and as to why a variance from 16,037
the federally approved plan is reasonably necessary to meet the 16,038
requirements of this state's mining laws. 16,039
356
The chief shall make a final decision on a plan or 16,041
revision, including review of any additional information he THE 16,042
CHIEF requests, no later than fourteen days after the operator's 16,044
initial submission of the plan or revision. Approval of 16,045
completed plans or revisions shall not be unreasonably withheld. 16,046
(B) Longwall mining plans submitted to the chief for 16,048
approval shall include all of the following: 16,049
(1) Company name; 16,051
(2) Mine name; 16,053
(3) Mine location; 16,055
(4) Mine address; 16,057
(5) Mine telephone number; 16,059
(6) Name, title, and telephone number of the person 16,061
submitting the plan; 16,062
(7) Mine identification number; 16,064
(8) Longwall mining roof control plan, which shall include 16,066
a plan indicating the roof support to be used and the working 16,067
procedures to be followed when a cavity is encountered over 16,068
chocks or shields; 16,069
(9) Ventilation plan, which shall include the complete 16,071
section and face ventilation controls and bleeder systems; 16,072
(10) Methane and dust control plan; 16,074
(11) Any other information required by the chief. 16,076
(C) After the chief has approved plans submitted under 16,078
this section, an operator shall not be required to obtain 16,079
additional approvals for new longwall working sections if plans 16,080
initially approved or revised are complied with. 16,081
(D) In coal mines where longwall working section 16,083
operations are in progress prior to the effective date of this 16,084
section JULY 20, 1984, no operator shall begin new longwall 16,086
working sections until required plans for longwall mining have 16,087
been filed with and approved by the chief. 16,088
Sec. 1567.70. An operator conducting longwall mining shall 16,098
develop a plan for recovery of chocks and shields or other 16,099
357
longwall roof support and shall not initiate recovery until the 16,100
recovery plan is approved by the chief of the division of mines 16,102
and reclamation MINERAL RESOURCES MANAGEMENT. An operator shall 16,103
also submit all revisions of an approved recovery plan for 16,104
approval to the chief.
Approval of a plan or revision, or portion thereof, under 16,106
comparable provisions of the "Federal Coal Mine Safety and Health 16,107
Act of 1969," 83 Stat. 742, 30 U.S.C.A. 801, as amended or 16,108
reenacted, or regulations promulgated ADOPTED thereunder, shall 16,109
be a sufficient basis for approval of the plan or revision, or 16,111
portion thereof, by the chief unless the chief makes a specific 16,112
written explanation and findings as to why the federally approved 16,113
plan or revision, or portion thereof, does not meet the 16,114
requirements of the mining laws of this state and as to why a 16,115
variance from the federally approved plan, revision, or portion 16,116
thereof is reasonably necessary to meet the requirements of this 16,117
state's mining laws. 16,118
The chief shall make a final decision on a plan or 16,120
revision, including review of any additional information he THAT 16,121
THE CHIEF requests, no later than fourteen days after the 16,122
operator's initial submission of the plan or revision. The chief 16,123
shall not unreasonably withhold approvals of completed plans or 16,124
revisions.
Sec. 1567.71. (A) An operator conducting longwall mining 16,133
shall provide two-way communication facilities, approved by the 16,134
chief of the division of mines and reclamation MINERAL RESOURCES 16,135
MANAGEMENT, at the headgate and tailgate and across each longwall 16,138
working face that, during the production of coal, are a separate 16,139
system from the mine communication facilities. Longwall working 16,140
section communication facilities shall be located at points not 16,141
more than one hundred feet apart across the longwall working 16,142
face.
(B) An operator conducting longwall mining shall also 16,144
provide two-way communication facilities on each longwall working 16,145
358
section. During production of coal, a designated person shall, 16,146
as part of that person's other assigned duties, be available with 16,147
the longwall working section communication and longwall working 16,148
face communication facilities. 16,149
Sec. 1567.73. (A) The chief of the division of mines and 16,159
reclamation MINERAL RESOURCES MANAGEMENT or his THE CHIEF'S 16,160
representative shall require installation on a longwall working 16,162
section of a federally approved methane monitor capable of giving 16,163
warning automatically when the concentration of methane reaches a 16,164
maximum percentage of not more than 1.0 volume per cent of 16,165
methane. The sensoring unit indicating the atmospheric
conditions on the methane monitor shall be installed at a 16,166
location specified in the approved plan or revision required by 16,167
section 1567.69 of the Revised Code. 16,168
The operator shall ensure that the methane monitor is kept 16,170
operative and properly maintained and tested weekly for 16,171
functioning. 16,172
The operator of any mine in which longwall mining is 16,174
performed shall establish and adopt a definite maintenance 16,175
program designed to keep methane monitors operative, and a 16,176
written description of the program shall be available for 16,177
inspection by the division of mines and reclamation MINERAL 16,178
RESOURCES MANAGEMENT. At least once each month, the operator 16,180
shall have the methane monitor checked for operating accuracy 16,181
with a known methane air mixture and shall have the monitor 16,182
calibrated as necessary. The operator shall keep a record of 16,183
calibration tests in a book on the surface, which may be the same 16,184
book used to comply with requirements established under 16,185
regulations of the mine safety and health administration in the 16,186
United Sates STATES department of labor.
If the methane monitor on a longwall working section 16,188
malfunctions, the operator shall have the monitor repaired within 16,189
twelve hours. During the period of time the methane monitor is 16,190
inoperative, the operator shall not permit electric equipment to 16,191
359
be operated for longer than ten minutes without an examination 16,192
for methane gas, shall require that the examinations required in 16,193
division (B) of this section be conducted on one-hour intervals, 16,194
and shall require an air reading on the intake side of the 16,195
longwall working face to be collected on one-hour intervals. 16,196
If parts are unavailable to correct the malfunction of the 16,198
methane monitor or the malfunction cannot be repaired within 16,199
twelve hours, the operator shall immediately notify the division 16,201
of mines and reclamation, which shall evaluate the circumstances 16,202
and may allow continued operation under the procedures of the 16,203
preceding paragraph if the operator is proceeding with good faith 16,204
efforts to correct the malfunction. 16,205
If a malfunction of the methane monitor occurs on a 16,207
longwall working section, the supervisor on duty shall indicate 16,208
in his THE SUPERVISOR'S own shift examination report, in the fire 16,210
boss report books, the date and time the methane monitor 16,211
malfunctioned.
(B) A certified person designated by the mine foreman 16,213
FOREPERSON to supervise a longwall working section shall examine 16,215
the longwall working face for hazards as a part of the pre-shift 16,216
and on-shift examinations for each coal producing shift and more 16,217
often if necessary for safety or required by division (A) of this 16,218
section. The examination shall include a test for methane gas 16,219
and oxygen deficiency. The methane and oxygen deficiency 16,220
examinations shall be made at reasonable intervals along the coal 16,221
face between the headgate and tailgate. The person's initials, 16,222
date, and time shall be recorded at the headgate and tailgate. 16,223
If one per cent or more of methane gas is detected along the coal 16,224
face, the electrical equipment shall be immediately de-energized 16,225
and the electrical power circuit then disconnected from the power 16,226
supply until a certified person pronounces the place safe. 16,227
Sec. 1567.74. (A) No person shall cross the longwall 16,236
working face conveyor while it is in operation unless a safe 16,237
crossover is provided. 16,238
360
(B) The operator shall provide telephone pager 16,240
communications or other means of providing an effective warning 16,241
signal in a longwall working section. Prior to starting a 16,242
longwall working face conveyor, the person who is going to 16,243
activate the conveyor shall sound the telephone pager 16,244
communications or other effective warning signal to alert all 16,245
persons across the longwall working face. 16,246
(C) No person shall ride the longwall working face 16,248
conveyor. However, an operator may submit a plan to the chief of 16,249
the division of mines and reclamation MINERAL RESOURCES 16,250
MANAGEMENT, as part of the plan required by section 1567.69 of 16,252
the Revised Code or later, for approval for the removal of
injured persons on the longwall working face conveyor if it is 16,254
necessary to transport injured persons on a stretcher or
backboard. 16,255
(D) On and after the effective date of this section JULY 16,258
20, 1984, an operator shall equip all newly installed face roof 16,259
support units with adjacent unit controls unless the units have a 16,260
wide single canopy over each unit that protects the workman 16,261
WORKERS from falling material when operating unit controls from 16,263
within the support of the shield unit being removed. 16,264
(E) On and after the effective date of this section JULY 16,267
20, 1984, all newly installed face roof support units shall be 16,268
equipped with an outlet to facilitate measurement of the interior 16,269
prop pressure and an outlet to facilitate measurement of the 16,270
yield pressure. Any yield valves of face roof support units that 16,271
do not maintain at least eighty-five per cent of the yield 16,272
pressure specified in the approved roof control plan shall be 16,273
promptly repaired or replaced. The valves of face roof support 16,274
units shall be tested at least annually, and a legible record of 16,275
the date of the test, the person performing the test, and the 16,276
valves repaired or replaced shall be kept in an appropriate mine 16,277
record.
Sec. 1567.78. An operator shall maintain an accessible 16,286
361
travel route at all times off the tailgate end of the longwall 16,287
working face unless the operator develops and the chief of the 16,288
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 16,289
approves a plan to continue operation of the longwall working 16,291
section in the event the tailgate route becomes impassable. Such 16,292
a plan shall include necessary provisions to be taken to provide 16,293
additional protective devices for longwall working section 16,294
personnel.
When the tailgate travel route becomes impassable, the 16,296
operator shall cease the longwall mining operation immediately, 16,297
familiarize all persons working on the longwall working section 16,298
with the procedures to follow for escape from the section, and 16,299
implement immediately the plan approved by the division of mines 16,301
and reclamation MINERAL RESOURCES MANAGEMENT before recommencing 16,302
mining.
The operator shall immediately notify the division when the 16,305
accessible travel route becomes impassable and the approved plan 16,306
has been implemented.
The division's representative shall immediately, upon 16,310
notification, establish a scheduled meeting with the operator and 16,311
representatives of the miners at the mine.
Sec. 1571.01. As used in this chapter, unless other 16,321
meaning is clearly indicated in the context: 16,322
(A) "Gas storage reservoir" or "storage reservoir" or 16,324
"reservoir" means a continuous area of a subterranean porous sand 16,326
or rock stratum or strata, any part of which or of the protective 16,327
area of which, is within a coal bearing township, into which gas 16,328
is or may be injected for the purpose of storing it therein and 16,329
removing it therefrom, or for the purpose of testing whether such 16,330
stratum is suitable for such storage purposes. 16,331
(B) "Gas" means any natural, manufactured, or by-product 16,333
gas or any mixture thereof. 16,334
(C) "Reservoir operator" or "operator," when used in 16,336
referring to the operator of a gas storage reservoir, means a 16,337
362
person who is engaged in the work of preparing to inject, or who 16,338
injects gas into, or who stores gas in, or who removes gas from, 16,339
a gas storage reservoir, and who owns the right to do so. 16,340
(D)(1) "Boundary," when used in referring to the boundary 16,342
of a gas storage reservoir, means the boundary of such reservoir 16,343
as shown on the map or maps thereof on file in the division of 16,345
mines and reclamation MINERAL RESOURCES MANAGEMENT as required by 16,346
this chapter.
(2) "Boundary," when used in referring to the boundary of 16,348
a reservoir protective area, means the boundary of such reservoir 16,349
protective area as shown on the map or maps thereof on file in 16,350
the division as required by this chapter. 16,351
(E) "Reservoir protective area" or "reservoir's protective 16,353
area" means the area of land outside of the boundary of a gas 16,354
storage reservoir shown as such on the map or maps thereof on 16,355
file in the division as required by this chapter. The area of 16,356
land shown on such map or maps as such reservoir protective area 16,357
shall be outside of the boundary of such reservoir, and shall 16,358
encircle such reservoir and touch all parts of the boundary of 16,359
such reservoir, and no part of the outside boundary of such 16,360
protective area shall be less than two thousand nor more than 16,361
five thousand linear feet distant from the boundary of such 16,362
reservoir.
(F) "Coal bearing township" means a township designated as 16,364
a coal bearing township by the chief of the division of mines and 16,365
reclamation MINERAL RESOURCES MANAGEMENT as required by section 16,366
1561.06 of the Revised Code. 16,367
(G) "Division of mines and reclamation" or "division," 16,369
when used in referring to the division of mines and reclamation, 16,371
means the division of mines and reclamation of the state of Ohio. 16,373
(H) "Coal mine" means the underground excavations of a 16,375
mine which THAT are being used or are usable or are being 16,376
developed for use in connection with the extraction of coal from 16,377
its natural deposit in the earth. "Underground excavations," 16,378
363
when used in referring to the underground excavations of a coal 16,379
mine, includes the abandoned underground excavations of such 16,380
mine. It also includes the underground excavations of an 16,381
abandoned coal mine if such abandoned mine is connected with 16,382
underground excavations of a coal mine. "Coal mine" does not 16,383
mean or include: 16,384
(1) A mine in which coal is extracted from its natural 16,386
deposit in the earth by strip or open pit mining methods or by 16,387
other methods by which individuals are not required to go 16,388
underground in connection with the extraction of coal from its 16,389
natural deposit in the earth; 16,390
(2) A mine in which not more than fourteen individuals are 16,392
regularly employed underground. 16,393
(I)(H) "Operator," when used in referring to the operator 16,395
of a coal mine, means a person who engages in the work of 16,397
developing such mine for use in extracting coal from its natural 16,398
deposit in the earth, or who so uses such mine, and who owns the 16,399
right to do so. 16,400
(J)(I) "Boundary," when used in referring to the boundary 16,402
of a coal mine, means the boundary of the underground excavations 16,404
of such mine as shown on the maps of such mine on file in the 16,405
division of mines and reclamation as required by sections 1563.03 16,407
to 1563.05, and section 1571.03 of the Revised Code. 16,408
(K)(J) "Mine protective area" or "mine's protective area" 16,410
means the area of land which THAT the operator of a coal mine 16,411
designates and shows as such on the map or maps of such coal mine 16,412
filed with the division as required by sections 1563.03 to 16,413
1563.05, and section 1571.03 of the Revised Code. Such area of 16,416
land shall be outside of the boundary of such coal mine, but some 16,417
part of the boundary of such area of land shall abut upon a part 16,418
of the boundary of such coal mine. Such area of land shall be 16,419
comprised of such tracts of land in which such coal mine operator 16,420
owns the right to extract coal therefrom by underground mining 16,421
methods and in which underground excavations of such coal mine 16,422
364
are likely to be made within the ensuing year for use in 16,423
connection with the extraction of coal therefrom.
(L)(K) "Pillar" means a solid block of coal or other 16,425
material left unmined to support the overlying strata in a coal 16,427
mine, or to protect a well. 16,428
(M)(L) "Retreat mining" means the removal of pillars and 16,430
ribs and stumps and other coal remaining in a section of a coal 16,432
mine after the development mining has been completed in such 16,433
section.
(N)(M) "Linear feet," when used to indicate distance 16,435
between two points which THAT are not in the same plane, means 16,437
the length in feet of the shortest horizontal line which THAT 16,439
connects two lines projected vertically upward or downward from 16,440
said THE two points. 16,441
(O)(N) "Map" means a graphic representation of the 16,443
location and size of the existing or proposed items it is made to 16,445
represent, accurately drawn according to a given scale. 16,446
(P)(O) "Well" means any hole, drilled or bored, or being 16,448
drilled or bored, into the earth, whether for the purpose of, or 16,450
whether used for: 16,451
(1) Producing or extracting any gas or liquid mineral, or 16,453
natural or artificial brines, or oil field waters; 16,454
(2) Injecting gas into or removing gas from an underground 16,456
gas storage reservoir; 16,457
(3) Introducing water or other liquid pressure into an oil 16,459
bearing sand to recover oil contained in such sand;, provided, 16,461
that "well" does not mean a hole drilled or bored, or being
drilled or bored, into the earth, whether for the purpose of, or 16,462
whether used for, producing or extracting potable water to be 16,463
used as such. 16,464
(Q)(P) "Testing" means injecting gas into, or storing gas 16,466
in or removing gas from, a gas storage reservoir for the sole 16,468
purpose of determining whether such reservoir is suitable for use 16,469
as a gas storage reservoir. 16,470
365
(R)(Q) "Casing" means a string or strings of pipe commonly 16,472
placed in a well. 16,474
(S)(R) "Inactivate" means to shut off temporarily all flow 16,476
of gas from a well at a point below the horizon of the coal mine 16,477
which THAT might be affected by such flow of gas, by means of a 16,479
plug or other suitable device or by injecting water, bentonite, 16,480
or some other equally nonporous material into the well, or any 16,481
other method approved by the oil and gas well MINERAL RESOURCES 16,482
inspector. 16,483
(T)(S) "Gas storage well inspector" means the gas storage 16,485
well inspector in the division. 16,487
(U)(T) The verb "open" or the noun "opening," when used in 16,489
clauses relating to the time when a coal mine operator intends to 16,491
open a new coal mine, or the time when a new coal mine is opened, 16,492
or the time of the opening of a new coal mine, or when used in 16,493
other similar clauses to convey like meanings, means that time 16,494
and condition in the initial development of a new coal mine when 16,495
the second opening required by section 1563.14 of the Revised 16,497
Code is completed in such mine. 16,498
Sec. 1571.02. (A) Any reservoir operator who, on 16,507
September 9, 1957, is injecting gas into, storing gas in, or 16,508
removing gas from a reservoir shall within sixty days after such 16,509
date file with the division of mines and reclamation MINERAL 16,510
RESOURCES MANAGEMENT a map thereof as described in division (C) 16,512
of this section;, provided that, if a reservoir operator is, on 16,513
September 9, 1957, injecting gas into or storing gas in a 16,514
reservoir solely for testing, he THE RESERVOIR OPERATOR shall at 16,515
once file such map with the division of mines and reclamation. 16,516
(B) If the injection of gas into or storage of gas in a 16,518
gas storage reservoir is begun after September 9, 1957, the 16,519
operator of such reservoir shall file with the division of mines 16,521
and reclamation and the division of oil and gas of the department 16,522
of natural resources identical maps A MAP thereof as described in 16,523
division (C) of this section, on the same day and not less than 16,525
366
three months prior to beginning such injection or storage. 16,526
(C) Each map filed with the division of mines and 16,528
reclamation and the division of oil and gas pursuant to this 16,529
section shall be prepared by a registered surveyor, registered 16,530
engineer, or competent geologist. It shall show BOTH OF THE 16,531
FOLLOWING:
(1) The location of the boundary of such reservoir and the 16,533
boundary of such reservoir's protective area, and the known fixed 16,534
monuments, corner stones, or other permanent markers in such 16,535
boundary lines; 16,536
(2) The boundary lines of the counties, townships, and 16,538
sections or lots, which THAT are within the limits of such map, 16,539
and the name of each such county and township and the number of 16,541
each such section or lot clearly indicated thereon. The legend 16,542
of the map shall indicate the stratum or strata in which the gas 16,543
storage reservoir is located. 16,544
The location of the boundary of the gas storage reservoir 16,546
as shown on the map shall be defined by the location of those 16,547
wells around the periphery of such reservoir which THAT had no 16,548
gas production when drilled into the storage stratum of such 16,549
reservoir;, provided that, if the operator of such reservoir, 16,551
upon taking into consideration the number and nature of such 16,552
wells, the geological and production knowledge of the storage 16,553
stratum, its character, permeability, and distribution, and 16,554
operating experience, determines that the location of the 16,555
boundary of such reservoir should be differently defined, he THE 16,556
RESERVOIR OPERATOR may, on such map, show the boundary of such 16,558
reservoir to be located at a location different than the location 16,559
defined by the location of those wells around the periphery of 16,560
such reservoir which THAT had no gas production when drilled into 16,561
said THE storage stratum.
Whenever the operator of a gas storage reservoir determines 16,563
that the location of the boundary of such reservoir as shown on 16,564
the most recent maps MAP thereof on file in the division of mines 16,566
367
and reclamation and the division of oil and gas pursuant to this 16,567
section is incorrect, he THE RESERVOIR OPERATOR shall file with 16,568
each THE division identical AN amended maps MAP showing the 16,570
boundary of such reservoir to be located at the location which he 16,572
THAT THE RESERVOIR OPERATOR then considers to be correct. 16,574
(D) Each operator of a gas storage reservoir who files 16,576
with the division of mines and reclamation and the division of 16,577
oil and gas maps A MAP as required by this section shall, at the 16,578
end of each six-month period following the date of such filing, 16,580
file with each THE division identical AN amended maps MAP showing 16,581
changes, if any, in the boundary line of such reservoir or of 16,583
such reservoir's protective area, which THAT have occurred in the 16,584
six-month period. Nothing in this division shall be construed to 16,585
require such a reservoir operator to file an amended map at the 16,586
end of any such six-month period if no such boundary changes have 16,587
occurred in such period.
An operator of a gas storage reservoir who is required by 16,589
this section to file AN amended maps MAP with the division of 16,591
mines and reclamation and division of oil and gas shall not be 16,592
required to so file such AN amended maps MAP after such time when 16,593
he THE RESERVOIR OPERATOR files with each THE division maps A MAP 16,596
pertaining to such reservoir, as provided in section 1571.04 of 16,597
the Revised Code.
(E) A reservoir operator shall file with the division of 16,599
oil and gas, within sixty days after March 17, 1989, a map 16,601
identical to any map then on file with the division of mines and 16,602
reclamation.
(F) The division of oil and gas shall keep all maps filed 16,604
with it pursuant to this section and section 1571.04 of the 16,606
Revised Code in a safe place and shall not allow the maps to be 16,607
open to public inspection or be removed from its office. The 16,608
division shall not furnish copies of the maps to any person and 16,609
shall maintain the confidentiality of the maps, except to the 16,610
extent the chief of the division determines to be reasonably 16,611
368
necessary to explain denial of a request for expedited review of 16,612
a permit application under section 1509.06 of the Revised Code. 16,613
Sec. 1571.03. (A) Every operator of a coal mine who is 16,623
required by sections 1563.03 to 1563.05 of the Revised Code, to 16,624
file maps of such mine, shall cause to be shown on each of such 16,626
maps, in addition to the boundary lines of each tract under which 16,627
excavations are likely to be made during the ensuing year, as 16,628
referred to in section 1563.03 of the Revised Code: 16,630
(1) The boundary of such coal mine in accordance with the 16,632
meaning of the term "boundary" when used in referring to the 16,633
boundary of a coal mine, and the term "coal mine" as those terms 16,635
are defined in section 1571.01 of the Revised Code; 16,636
(2) The boundary of the mine protective area of such mine. 16,638
The provisions of this 16,639
THIS division of this section shall not be construed to 16,641
amend or repeal any provisions of sections 1563.03 to 1563.05 of 16,643
the Revised Code, either by implication or otherwise.
The provisions of this THIS division are IS intended only 16,646
to add to existing statutory requirements pertaining to the
filing of coal mine maps with the division of mines and 16,647
reclamation MINERAL RESOURCES MANAGEMENT, the requirements 16,648
ESTABLISHED in this division contained. 16,649
(B) Every operator of a coal mine who believes that any 16,651
part of the boundary of such mine is within two thousand linear 16,652
feet of a well which THAT is drilled through the horizon of such 16,653
coal mine and into or through the storage stratum or strata of a 16,654
gas storage reservoir within the boundary of such reservoir or 16,655
within its protective area, shall at once send notice to that 16,656
effect by registered mail to the operator of such reservoir and 16,657
to the division. 16,658
(C) Every operator of a coal mine who expects that any 16,660
part of the boundary of such mine will, on a date after September 16,661
9, 1957, be extended beyond its location on such date to a point 16,662
within two thousand linear feet of a well which THAT is drilled 16,663
369
through the horizon of such mine and into or through the stratum 16,664
or strata of a gas storage reservoir within the boundary of such 16,665
reservoir or within its protective area, shall send at least nine 16,667
months' notice of such date and of the location of such well by
registered mail to the operator of such reservoir and to the 16,668
division. If at the end of three years after the date stated in 16,669
the notice by an operator of a coal mine to an operator of a 16,670
storage reservoir as the date upon which part of the boundary of 16,671
such coal mine is expected to be extended to a point within two 16,672
thousand linear feet of such well, no part of such coal mine is 16,673
so extended, the operator of such coal mine shall be liable to 16,674
the operator of such storage reservoir for all expenses incurred 16,675
by such reservoir operator in doing the plugging or 16,676
reconditioning of such well as he THE RESERVOIR OPERATOR is 16,677
required to do in such cases as provided in section 1571.05 of 16,679
the Revised Code. Such mine operator shall in no event be liable 16,681
to such reservoir operator:
(1) For expenses of plugging or reconditioning such well 16,683
incurred prior to receipt by such reservoir operator from such 16,684
mine operator of a notice as provided for in this division; 16,685
(2) For any expenses of plugging or reconditioning such 16,687
well if any part of the work of plugging or reconditioning was 16,688
commenced prior to receipt by such reservoir operator from such 16,689
mine operator of a notice as provided for in this division. 16,690
(D) If a person intends to open a new coal mine after 16,692
September 9, 1957, and if at the time of its opening any part of 16,693
the boundary of such mine will be within two thousand linear feet 16,694
of a well which THAT is drilled through the horizon of such mine 16,695
and into or through the storage stratum or strata of a gas 16,697
storage reservoir within the boundary of such reservoir or within 16,698
its protective area, such person shall send by registered mail to 16,699
the operator of such storage reservoir and to the division at 16,700
least nine months' notice of the date upon which he THE PERSON 16,701
intends to open such mine, and of the location of such well. If 16,702
370
at the end of nine months after the date stated in the notice by 16,703
an operator of a coal mine to an operator of a storage reservoir 16,704
and to the division, as the date upon which such coal mine 16,706
operator intends to open such new mine, such new mine is not 16,707
opened, the operator of such coal mine shall be liable to the 16,708
operator of such storage reservoir for all expenses incurred by
such reservoir operator in doing the plugging or reconditioning 16,709
of such well as he THE RESERVOIR OPERATOR is required to do in 16,710
such cases as provided in section 1571.05 of the Revised Code;, 16,711
provided: 16,712
(1) That such mine operator may, prior to the end of nine 16,714
months after the date stated in such mine operator's notice to 16,715
such reservoir operator and the division as the date upon which 16,717
he THE MINE OPERATOR intended to open such new mine, notify such 16,718
reservoir operator and the division in writing by registered 16,720
mail, that the opening of such new mine will be delayed beyond 16,721
the end of such nine-month period of time, and that he THE MINE 16,722
OPERATOR requests that a conference be held as provided in 16,723
section 1571.10 of the Revised Code for the purpose of 16,724
endeavoring to reach an agreement establishing a date subsequent 16,725
to the end of such nine-month period of time, on or before which 16,726
such mine operator may open such new mine without being liable to 16,728
pay such reservoir operator expenses incurred by such reservoir 16,729
operator in plugging or reconditioning such well as in this 16,730
division provided;
(2) That if such mine operator sends to such reservoir 16,732
operator and to the division a notice and request for a 16,733
conference as in this sentence provided IN DIVISION (D)(1) OF 16,735
THIS SECTION, such mine operator shall not be liable to pay such 16,736
reservoir operator for expenses incurred by such reservoir 16,737
operator in plugging and reconditioning such well, unless such 16,738
mine operator fails to open such new mine within the period of 16,739
time fixed by an approved agreement reached in such conference, 16,740
or fixed by an order by the chief of the division OF MINERAL 16,741
371
RESOURCES MANAGEMENT upon a hearing held in the matter in the 16,742
event of failure to reach an approved agreement in the 16,743
conference;
(3) That such mine operator shall in no event be liable to 16,745
such reservoir operator: 16,746
(a) For expense of plugging or reconditioning such well 16,748
incurred prior to the receipt by such reservoir operator from 16,749
such mine operator of the notice of the date upon which such mine 16,751
operator intends to open such new mine;
(b) For any expense of plugging or reconditioning such 16,753
well if any part of the work of plugging or reconditioning was 16,754
commenced prior to receipt by such reservoir operator from such 16,755
mine operator of such notice. 16,756
Sec. 1571.04. (A) Upon the filing of each map or amended 16,765
map with the division of mines and reclamation MINERAL RESOURCES 16,766
MANAGEMENT by operators of gas storage reservoirs as required by 16,768
this chapter, and each coal mine map as required by sections 16,769
1563.03 to 1563.05 and division (A) of section 1571.03 of the 16,771
Revised Code, the gas storage well inspector shall cause an 16,772
examination to be made of all maps on file in the division as he 16,773
THE GAS STORAGE WELL INSPECTOR may deem necessary to ascertain 16,775
whether any part of a reservoir protective area as shown on any 16,776
such map is within ten thousand linear feet of any part of the 16,777
boundary of a coal mine as shown on any such map. If, upon 16,778
making that examination, the gas storage well inspector finds 16,779
that any part of such a reservoir protective area is within ten 16,780
thousand linear feet of any part of the boundary of such a coal 16,781
mine, he THE GAS STORAGE WELL INSPECTOR shall promptly send by 16,782
registered mail notice to that effect to the operator of the 16,783
reservoir and to the operator of the coal mine. 16,784
(B) Within sixty days after receipt by an operator of a 16,786
gas storage reservoir of a notice from the gas storage well 16,787
inspector under division (A) of this section, such operator shall 16,788
file on the same day with both the division of mines and 16,789
372
reclamation and the division of oil and gas of the department of 16,791
natural resources identical maps A MAP prepared by a registered 16,792
surveyor, registered engineer, or competent geologist, which 16,793
shall include DO all of the following: 16,795
(1) Indicate the stratum or strata in which such gas 16,797
storage reservoir is located; 16,798
(2) Show the location of the boundary of the reservoir and 16,800
the boundary of its protective area, and the known fixed 16,801
monuments, corner stones, or other permanent markers in such 16,802
boundary lines; 16,803
(3) Show the boundary lines of the counties, townships, 16,805
and sections or lots, which THAT are within the limits of such 16,806
maps, and the name of each such county and township and the 16,807
number of each such section or lot clearly indicated thereon; 16,808
(4) Show the location of all oil or gas wells known to the 16,810
operator of such reservoir which THAT have been drilled within 16,811
the boundary of the reservoir or within its protective area, and 16,813
indicate which of such wells, if any, have been or are to be 16,814
plugged or reconditioned for use in the operation of such 16,815
reservoir. 16,816
The location of the boundary of the gas storage reservoir 16,818
as shown on the maps shall be defined by the location of those 16,819
wells around the periphery of the reservoir that had no gas 16,820
production when drilled into the storage stratum of the 16,822
reservoir;, provided that, if the operator of the reservoir, upon 16,823
taking into consideration the number and nature of such wells, 16,824
the geological and production knowledge of the storage stratum, 16,825
its character, permeability, and distribution, and operating 16,826
experience, determines that the location of the boundary of the 16,827
reservoir should be differently defined, he THE RESERVOIR 16,828
OPERATOR may, on the maps, show the boundary of the reservoir to 16,830
be located at a location different than FROM the location defined 16,831
by the location of those wells around the periphery of the 16,833
reservoir that had no gas production when drilled into the 16,834
373
storage stratum.
(C) Any coal mine operator who receives from the gas 16,836
storage well inspector a copy of a map as provided by division 16,837
(E) of this section may request the gas storage well inspector to 16,838
furnish him THE COAL MINE OPERATOR with: 16,839
(1) The name of the original operator of any well shown on 16,841
such map; 16,842
(2) The date drilling of such well was completed; 16,844
(3) The total depth of such well; 16,846
(4) The depth at which oil or gas was encountered in such 16,848
well if it was productive of oil or gas; 16,849
(5) The initial rock pressure of such well; 16,851
(6) A copy of the log of the driller of such well or other 16,853
similar data; 16,854
(7) The location of such well in respect to the property 16,856
lines of the tract of land on which it is located; 16,857
(8) A statement as to whether the well is inactive or 16,859
active: 16,860
(a) If inactive, the date of plugging and other pertinent 16,862
data; 16,863
(b) If active, whether it is being used for test purposes 16,865
or storage purposes; 16,866
(9) A statement of the maximum injection pressure 16,868
contemplated by the operator of the reservoir shown on such map. 16,869
Upon receipt of such a request, the gas storage well 16,871
inspector shall promptly furnish the coal mine operator the 16,872
information requested. If the information is not ascertainable 16,873
from the files in the division of mines and reclamation, the gas 16,874
storage well inspector shall request the reservoir operator to 16,876
furnish the division of mines and reclamation with such 16,878
information to the extent that he THE RESERVOIR OPERATOR has 16,879
knowledge thereof. Upon receipt of such a request, the reservoir
operator shall promptly furnish such information to the division 16,880
of mines and reclamation. Thereupon the gas storage well 16,881
374
inspector shall promptly transmit such information to the mine 16,882
operator who requested it. 16,883
Whenever the operator of a gas storage reservoir determines 16,885
that the location of the boundary of the reservoir as shown on 16,886
the most recent maps MAP thereof on file in the division of mines 16,888
and reclamation and the division of oil and gas pursuant to this 16,889
section is incorrect, he THE RESERVOIR OPERATOR shall file with 16,890
each THE division identical AN amended maps MAP showing the 16,892
boundary of the reservoir to be located at the location which he 16,893
THAT THE RESERVOIR OPERATOR then considers to be correct. 16,894
(D) Each operator of a gas storage reservoir who files A 16,897
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 16,899
of each six-month period following the date of such filing, file 16,900
with each THE division identical AN amended maps MAP showing 16,901
changes in the boundary line of the reservoir or of the 16,903
reservoir's protective area that have occurred in the six-month 16,904
period, and further showing or describing any other occurrences 16,905
within that six-month period that cause the most recent maps MAP 16,906
on file and pertaining to the reservoir to no longer be correct. 16,907
Nothing in this division shall be construed to require such a 16,908
reservoir operator to file an amended map at the end of any such 16,909
six-month period if no boundary changes or other occurrences have 16,910
occurred in that period. The operator of the reservoir shall 16,911
also file with the division of mines and reclamation and the 16,912
division of oil and gas, subsequent to the filing of maps A MAP 16,914
as provided for in division (B) of this section, a statement 16,915
whenever changing the maximum injection pressure is contemplated, 16,916
stating for each affected well within the boundary of the 16,917
reservoir or its protective area, the amount of change of 16,918
injection pressure contemplated. The location or drilling of new 16,919
wells or the abandonment or reconditioning of wells shall not be 16,920
considered to be occurrences requiring the filing of an amended 16,921
map or statement.
375
(E) Promptly upon the filing with the division of mines 16,923
and reclamation of a map or an amended map pertaining to a gas 16,924
storage reservoir under this section, the gas storage well 16,926
inspector shall send by registered mail to the operator of the 16,927
coal mine a part of the boundary of which is within ten thousand 16,928
linear feet of any part of the boundary of the reservoir or of 16,929
the outside boundary of the reservoir's protective area, notice 16,930
of the filing together with a copy of the map. 16,931
(F) When the operator of a gas storage reservoir files 16,933
with the division of mines and reclamation and the division of 16,934
oil and gas maps A MAP or AN amended maps MAP under this section, 16,936
he THE RESERVOIR OPERATOR shall file as many copies of the maps 16,938
MAP as each THE division may require for its files and as are 16,939
needed for sending a copy to each coal mine operator under 16,940
division (E) of this section. 16,941
(G) A reservoir operator shall file with the division of 16,943
oil and gas, within sixty days after March 17, 1989, a map 16,945
identical to any map then on file with the division of mines and 16,946
reclamation.
Sec. 1571.05. (A) Whenever any part of a gas storage 16,955
reservoir or any part of its protective area underlies any part 16,956
of a coal mine, or is, or within nine months is expected or 16,957
intended to be, within two thousand linear feet of the boundary 16,958
of a coal mine which THAT is operating in a coal seam any part of 16,960
which extends over any part of said THE storage reservoir or its 16,961
protective area, the operator of such reservoir, if he THE 16,962
RESERVOIR OPERATOR or some other reservoir operator has not 16,964
theretofore done so, shall:
(1) Use every known method which THAT is reasonable under 16,966
the circumstance for discovering and locating all wells drilled 16,967
within the area of such reservoir or its protective area which 16,968
THAT underlie any part of such coal mine or its protective area; 16,970
(2) Plug or recondition all known wells drilled within the 16,972
area of such reservoir or its protective area which THAT underlie 16,974
376
any part of such coal mine.
(B) Whenever an operator of a gas storage reservoir is 16,976
notified by the operator of a coal mine, as provided in division 16,977
(B) of section 1571.03 of the Revised Code, that such coal mine 16,979
operator believes that part of the boundary of such mine is
within two thousand linear feet of a well which THAT is drilled 16,980
through the horizon of such coal mine and into or through the 16,981
storage stratum or strata of such reservoir within the boundary 16,982
of such reservoir or within its protective area, such reservoir 16,983
operator shall plug or recondition such well as in this section 16,984
prescribed, unless it is agreed in a conference or is ordered by 16,985
the chief of the division of mines and reclamation MINERAL 16,986
RESOURCES MANAGEMENT after a hearing, as provided in section 16,988
1571.10 of the Revised Code, that the well referred to in the 16,989
notice is not such a well as is described in division (B) of 16,990
section 1571.03 of the Revised Code.
Whenever an operator of a gas storage reservoir is notified 16,992
by the operator of a coal mine as provided in division (C) or (D) 16,993
of section 1571.03 of the Revised Code, that part of the boundary 16,995
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 16,996
drilled through the horizon of such mine and into or through the 16,998
storage stratum or strata of such reservoir within the boundary 16,999
of such reservoir or within its protective area, such reservoir 17,000
operator shall plug or recondition such well as in this section 17,001
prescribed. 17,002
Whenever the operator of a coal mine considers that the use 17,004
of a well such as in this section described, if used for 17,005
injecting gas into, or storing gas in, or removing gas from, a 17,006
gas storage reservoir, would be hazardous to the safety of 17,007
persons or property on or in the vicinity of the premises of such 17,008
coal mine or such reservoir or well, he THE COAL MINE OPERATOR 17,009
may file with the division of mines and reclamation objections to 17,010
the use of such well for such purposes, and a request that a 17,011
377
conference be held as provided in section 1571.10 of the Revised 17,013
Code, to discuss and endeavor to resolve by mutual agreement 17,015
whether or not such well shall or shall not be used for such 17,016
purposes, and whether or not such well shall be reconditioned, 17,017
inactivated, or plugged. Such request shall set forth the mine 17,018
operator's reasons for such objections. If no approved agreement 17,019
is reached in such conference, the gas storage well inspector 17,020
shall within ten days after the termination of such conference, 17,021
file with the chief a request that he THE CHIEF hear and 17,022
determine the matters considered at the conference as provided in 17,024
section 1571.10 of the Revised Code. Upon conclusion of the 17,025
hearing, the chief shall find and determine whether or not the 17,027
safety of persons or of the property on or in the vicinity of the 17,028
premises of such coal mine, or such reservoir, or such well 17,029
requires that such well be reconditioned, inactivated, or 17,030
plugged, and shall make an order consistent with such 17,031
determination, provided that the chief shall not order a well 17,032
plugged unless he THE CHIEF first finds that there is underground 17,034
leakage of gas therefrom.
The plugging or reconditioning of each well described in a 17,036
notice from a coal mine operator to a reservoir operator as 17,037
provided in division (B) of section 1571.03 of the Revised Code, 17,039
which must be plugged or reconditioned, shall be completed within 17,040
such time as the gas storage well inspector may fix in the case 17,041
of each such well. The plugging or reconditioning of each well 17,042
described in a notice from a coal mine operator to a reservoir 17,043
operator as provided in division (C) of section 1571.03 of the 17,045
Revised Code, which must be plugged or reconditioned, shall be 17,046
completed by the time such well, by reason of the extension of 17,047
the boundary of such coal mine, is within two thousand linear 17,048
feet of any part of the boundary of such mine. The plugging or 17,049
reconditioning of each well described in a notice from a coal 17,050
mine operator to a reservoir operator, as provided in division 17,051
(D) of section 1571.03 of the Revised Code, which must be plugged 17,053
378
or reconditioned, shall be completed by the time such well by 17,054
reason of the opening of such new mine, is within two thousand 17,055
linear feet of any part of the boundary of such new mine. A 17,056
reservoir operator who is required to complete the plugging or 17,057
reconditioning of a well within a period of time fixed as in this 17,058
paragraph DIVISION prescribed, may prior to the end of such 17,059
period of time, notify the division and the mine operator from 17,061
whom he THE RESERVOIR OPERATOR received a notice as provided in 17,062
division (B), (C), or (D) of section 1571.03 of the Revised Code, 17,065
in writing by registered mail, that the completion of the 17,067
plugging or reconditioning of the well referred to in such notice 17,068
will be delayed beyond the end of the period of time fixed 17,069
therefor as in this section provided, and that he THE RESERVOIR 17,070
OPERATOR requests that a conference be held for the purpose of 17,072
endeavoring to reach an agreement establishing a date subsequent 17,073
to the end of such period of time, on or before which such 17,074
reservoir operator may complete such plugging or reconditioning 17,075
without incurring any penalties for failure to do so as provided 17,076
in this chapter. If such a reservoir operator sends to such a 17,078
mine operator and to the division a notice and request for a 17,079
conference as in this paragraph DIVISION provided, such reservoir 17,080
operator shall not incur any penalties for failure to complete 17,082
the plugging or reconditioning OF such well within the period of 17,083
time fixed as in this paragraph DIVISION prescribed, unless such 17,084
reservoir operator fails to complete the plugging or
reconditioning of such well within the period of time fixed by an 17,085
approved agreement reached in such conference, or fixed by an 17,086
order by the chief upon a hearing held in the matter in the event 17,088
of failure to reach an approved agreement in the conference. 17,089
Whenever, in compliance with this division, a well is to be 17,092
plugged by a reservoir operator, such operator shall give to the 17,093
division notice thereof, as many days in advance as will be 17,094
necessary for the gas storage well inspector or a deputy mine 17,095
inspector to be present at such plugging. Such notification 17,096
379
shall be made on blanks furnished by the division and shall show 17,097
the following information:
(1) Name and address of the applicant; 17,099
(2) The location of the well identified by section or lot 17,101
number, city or village, and township and county; 17,102
(3) The well name and number of each well to be plugged. 17,104
(C) The operator shall give written notice at the same 17,106
time to the owner of the land upon which the well is located, the 17,107
owners or agents of the adjoining land, and adjoining well owners 17,108
or agents of his THE OPERATOR'S intention to abandon the well, 17,109
and of the time when he THE OPERATOR will be prepared to commence 17,111
plugging and filling the same. In addition to giving such 17,113
notices, such reservoir operator shall also at the same time send 17,114
a copy of such notice by registered mail to the coal mine 17,115
operator, if any, who sent to said THE reservoir operator the 17,116
notice as provided in division (B), (C), or (D) of section 17,118
1571.03 of the Revised Code, in order that such coal mine 17,120
operator or his THE COAL MINE OPERATOR'S DESIGNATED 17,121
representative whom he may designate as such, may attend and 17,122
observe the manner in which such plugging of such well is done. 17,123
If said THE reservoir operator plugs such well without an 17,125
inspector from the division being present to supervise the 17,128
plugging, said THE reservoir operator shall send to the division 17,129
and to the coal mine operator a copy of the report of the 17,131
plugging of such well, including in such report:
(1) The date of abandonment; 17,133
(2) The name of the owner or operator of such well at the 17,135
time of abandonment and his THE WELL OWNER'S OR OPERATOR'S post 17,136
office address; 17,137
(3) The location of such well as to township and county 17,139
and the name of the owner of the surface upon which such well is 17,140
drilled, with the address thereof; 17,141
(4) The date of the permit to drill; 17,143
(5) The date when drilled; 17,145
380
(6) Whether such well has been mapped; 17,147
(7) The depth of the well; 17,149
(8) The depth of the top of the sand to which the well was 17,151
drilled; 17,152
(9) The depth of each seam of coal drilled through; 17,154
(10) A detailed report as to how such well was plugged, 17,156
giving in particular the manner in which the coal and various 17,157
sands were plugged, and the date of the plugging of such well, 17,158
including therein the names of those who witnessed the plugging 17,159
of the well. 17,160
Such report shall be signed by the operator or his THE 17,162
OPERATOR'S agent who plugged such well and verified by the oath 17,164
of the party so signing. For the purposes of this section, a 17,165
deputy mine inspector may take acknowledgements and administer 17,166
oaths to the parties signing such report. 17,167
Whenever, in compliance with this division, a well is to be 17,170
reconditioned by a reservoir operator, such operator shall give 17,171
to the division notice thereof as many days before such 17,172
reconditioning is begun as will be necessary for the gas storage 17,173
well inspector, or a deputy mine inspector, to be present at such 17,174
reconditioning. No well shall be reconditioned if an inspector 17,175
of the division is not present unless permission to do so has 17,176
been granted by the chief. The reservoir operator, at the time 17,177
of giving notice to the division as in this section required, 17,179
also shall send a copy of such notice by registered mail to the 17,180
coal mine operator, if any, who sent to the reservoir operator 17,181
the notice as provided in division (B), (C), or (D) of section 17,182
1571.03 of the Revised Code, in order that such coal mine 17,183
operator or his THE COAL MINE OPERATOR'S DESIGNATED 17,184
representative whom he may designate as such, may attend and 17,186
observe the manner in which such reconditioning of such well is 17,187
done.
If said THE reservoir operator reconditions such well when 17,189
no inspector of the division is present to supervise the 17,190
381
reconditioning, the reservoir operator shall make written report 17,191
to the division describing the manner in which such 17,192
reconditioning was done, and shall send to the coal mine operator 17,194
a copy of such report by registered mail.
(D) Wells which THAT are required by this section to be 17,196
plugged shall be plugged in the manner specified in sections 17,197
1509.13 to 1509.19 of the Revised Code, and the operator shall 17,198
give the notifications and reports required by divisions (B) and 17,199
(C) of this section. No such well shall be plugged or abandoned 17,200
without the written approval of the division, and no such well 17,202
shall be mudded, plugged, or abandoned without the gas storage 17,203
well inspector or a deputy mine inspector present unless written 17,204
permission has been granted by the chief of the division or the
gas storage well inspector. For the purposes of this section, 17,206
the chief of the division of mines and reclamation has the 17,207
authority given the chief of the division of oil and gas in 17,208
sections 1509.15 and 1509.17 of the Revised Code. If such a well 17,209
has been plugged prior to the time plugging thereof is required 17,210
by this section, and, on the basis of the data, information, and 17,211
other evidence available it is determined that such plugging was 17,212
done in the manner required by this section, or was done in 17,213
accordance with statutes prescribing the manner of plugging wells 17,214
in effect at the time such plugging was done, and that there is 17,215
no evidence of leakage of gas from such well either at or below 17,216
the surface, and that such plugging is sufficiently effective to 17,217
prevent the leakage of gas from such well, the obligations 17,218
imposed upon such reservoir operator by this section as to 17,219
plugging said THE well, shall be considered fully satisfied. The 17,221
operator of a coal mine any part of the boundary of which is, or 17,222
within nine months is expected or intended to be, within two 17,223
thousand linear feet of such well, may at any time raise a 17,224
question as to whether the plugging of such well is sufficiently 17,225
effective to prevent the leakage of gas therefrom, and the issue 17,226
so made shall be determined by a conference or hearing as 17,227
382
provided in section 1571.10 of the Revised Code. 17,228
(E) Wells which THAT are to be reconditioned as required 17,230
by this section shall be, or shall be made to be: 17,231
(1) Cased in accordance with the provisions of the 17,233
statutes of Ohio THIS STATE in effect at the time such wells were 17,235
drilled, with such casing being, or made to be, sufficiently
effective in that there is no evidence of any leakage of gas 17,236
therefrom;
(2) Equipped with a producing string and well head 17,238
composed of new pipe, or pipe as good as new, and fittings 17,239
designed to operate with safety and to contain the stored gas at 17,240
maximum pressures contemplated. 17,241
When a well which THAT is to be reconditioned as required 17,243
by this section, has been reconditioned for use in the operation 17,244
of such reservoir prior to the time prescribed in this section, 17,245
and on the basis of the data, information, and other evidence 17,246
available it is determined that at the time such well was so 17,247
reconditioned the requirements prescribed in this division were 17,248
met, and that there is no evidence of underground leakage of gas 17,249
from such well, and that such reconditioning is sufficiently 17,250
effective to prevent underground leakage from said THE well, the 17,251
obligations imposed upon such reservoir operator by this section 17,252
as to reconditioning such well shall be considered fully 17,253
satisfied. Any operator of a coal mine any part of the boundary 17,254
of which is, or within nine months is expected or intended to be, 17,255
within two thousand linear feet of such well, may at any time 17,256
raise a question as to whether the reconditioning of such well is 17,257
sufficiently effective to prevent underground leakage of gas 17,258
therefrom, and the issue so made shall be determined by a 17,259
conference or hearing as provided in section 1571.10 of the 17,261
Revised Code.
If the gas storage well inspector at any time finds that a 17,263
well which THAT is drilled through the horizon of a coal mine and 17,265
into or through the storage stratum or strata of a reservoir
383
within the boundary of such reservoir or within its protective 17,266
area, is located within the boundary of such coal mine or within 17,267
two thousand linear feet of such mine boundary, and was drilled 17,268
prior to the time Ohio THE statutes OF THIS STATE required that 17,269
wells be cased, and that such well fails to meet the casing and 17,271
equipping requirements prescribed in this division of this 17,272
section, the gas storage well inspector shall promptly notify the 17,273
operator of such reservoir thereof in writing, and such reservoir 17,274
operator upon receipt of such notice, shall promptly recondition 17,275
such well in the manner prescribed in this division for 17,276
reconditioning wells, unless, in a conference or hearing as 17,277
provided in section 1571.10 of the Revised Code, a different 17,278
course of action is agreed upon or ordered. 17,280
(F)(1) When a well within the boundary of a gas storage 17,282
reservoir or within such reservoir's protective area penetrates 17,283
the storage stratum or strata of such reservoir, but does not 17,284
penetrate the coal seam within the boundary of a coal mine, the 17,285
gas storage well inspector may, upon application of the operator 17,286
of such storage reservoir, exempt such well from the requirements 17,287
of this section. Either party affected by such action of the gas 17,288
storage well inspector may request a conference and hearing with 17,289
respect to such exemption. 17,290
(2) When a well located within the boundary of a storage 17,292
reservoir or a reservoir's protective area is a producing well in 17,293
a stratum above or below the storage stratum, the obligations 17,294
imposed by this section shall not begin until such well ceases to 17,295
be a producing well. 17,296
(G) When retreat mining reaches a point in a coal mine 17,298
when the operator of such mine expects that within ninety days 17,299
retreat work will be at the location of a pillar surrounding an 17,300
active storage reservoir well, the operator of such mine shall 17,301
promptly send by registered mail notice to that effect to the 17,302
operator of such reservoir. Thereupon the operators may by 17,303
agreement determine whether it is necessary or advisable to 17,304
384
temporarily inactivate the well. If inactivated, the well shall 17,305
not be reactivated until a reasonable period of time has elapsed, 17,306
such period of time to be determined by agreement by the 17,307
operators. In the event that the parties cannot agree upon 17,308
either of the foregoing matters, such question shall be submitted 17,309
to the gas storage well inspector for a conference in accordance 17,310
with section 1571.10 of the Revised Code. 17,311
(H)(1) The provisions of this section that require the 17,313
plugging or reconditioning of wells shall not apply to such wells 17,315
as are used to inject gas into, store gas in, or remove gas from, 17,316
a gas storage reservoir when the sole purpose of such injection, 17,317
storage, or removal, is "testing." The operator of a gas storage 17,318
reservoir who injects gas into, stores gas in, or removes gas 17,319
from, a reservoir for the sole purpose of testing, shall be 17,320
subject to all other provisions of this chapter that are 17,322
applicable to operators of reservoirs. 17,323
(2) If the injection of gas into, or storage of gas in, a 17,325
gas storage reservoir any part of which, or of the protective 17,326
area of which, is within the boundary of a coal mine, is begun 17,327
after September 9, 1957, and if such injection or storage of gas 17,328
is for the sole purpose of testing, the operator of such 17,329
reservoir shall send by registered mail to the operator of such 17,330
coal mine and to the division at least sixty days' notice of the 17,332
date upon which such testing will be begun.
If at any time within the period of time during which 17,334
testing of a reservoir is in progress, any part of such reservoir 17,335
or of its protective area comes within any part of the boundary 17,336
of a coal mine, the operator of such reservoir shall promptly 17,337
send notice to that effect by registered mail to the operator of 17,338
such mine and to the division. 17,339
(3) Any coal mine operator who receives a notice as 17,341
provided for in this division (H)(2) OF THIS SECTION, may within 17,343
thirty days of the receipt thereof, file with the division 17,344
objections to such testing. The gas storage well inspector also 17,345
385
may, within the time within which a coal mine operator may file 17,346
such objection, place in the files of the division objections to 17,347
such testing. The reservoir operator shall comply throughout the 17,348
period of the testing operations with all conditions and 17,349
requirements agreed upon and approved in the conference on such 17,350
objections conducted as provided in section 1571.10 of the 17,352
Revised Code, or in an order made by the chief following a 17,353
hearing in the matter as provided in section 1571.10 of the 17,355
Revised Code. If in complying with such agreement or order 17,356
either the reservoir operator or the coal mine operator 17,357
encounters or discovers conditions which THAT were not known to 17,358
exist at the time of such conference or hearing and which THAT 17,360
materially affect such agreement or order, or the ability of the 17,362
reservoir operator to comply therewith, either operator may apply 17,363
for a rehearing or modification of said THE order. 17,364
(I) In addition to complying with all other provisions of 17,366
this chapter and any lawful orders issued thereunder, the 17,369
operator of each gas storage reservoir shall keep all wells 17,370
drilled into or through the storage stratum or strata within the 17,371
boundary of his THE OPERATOR'S reservoir or within his THE 17,373
reservoir's protective area in such condition, and operate the 17,374
same in such manner, as to prevent the escape of gas therefrom 17,375
into any coal mine, and shall operate and maintain such storage 17,376
reservoir and its facilities in such manner and at such pressures 17,377
as will prevent gas from escaping from such reservoir or its 17,378
facilities into any coal mine.
Sec. 1571.06. (A) Distances between boundaries of gas 17,388
storage reservoirs, reservoir protective areas, coal mines, coal 17,389
mine protective areas, and wells, as shown on the most recent 17,390
maps of storage reservoirs and of coal mines filed with the 17,391
division of mines and reclamation MINERAL RESOURCES MANAGEMENT as 17,392
required by this chapter and sections 1563.03 to 1563.05 of the 17,393
Revised Code, may be accepted and relied upon as being accurate 17,396
and correct, by operators of coal mines and operators of 17,397
386
reservoirs. Data, statements, and reports filed with the 17,398
division as required by this chapter and sections 1563.03 to 17,399
1563.05 of the Revised Code may be likewise accepted and relied 17,401
upon. However, the gas storage well inspector or any reservoir 17,402
operator or coal mine operator, or any other person having a
direct interest in the matter, may at any time question the 17,403
accuracy or correctness of any map, data, statement, or report so 17,404
filed, with the division by notifying the division thereof in 17,406
writing. Such notice shall state the reasons why the question is 17,407
raised. When any such notice is so filed, the gas storage well 17,408
inspector shall proceed promptly to hold a conference on the 17,409
question thus raised, as provided in section 1571.10 of the 17,410
Revised Code. 17,411
(B) If, in any proceeding under this chapter, the accuracy 17,413
or correctness of any map, data, statement, or report, filed by 17,416
any person pursuant to the requirements of this chapter is in 17,418
question, the person so filing the same shall have the burden of
proving the accuracy or correctness thereof. 17,419
(C) The operator of a gas storage reservoir shall, at all 17,421
reasonable times, be permitted to inspect the premises and 17,422
facilities of any coal mine any part of the boundary of which is 17,423
within any part of the boundary of such gas storage reservoir or 17,424
within its protective area, and the operator of a coal mine 17,425
shall, at all reasonable times, be permitted to inspect the
premises and facilities of any gas storage reservoir any part of 17,426
the boundary of which or any part of the protective area of which 17,427
is within the boundary of such coal mine. In the event that 17,428
either such reservoir operator or such coal mine operator denies 17,429
permission to make any such inspection, the chief of the division 17,430
of mines and reclamation MINERAL RESOURCES MANAGEMENT on his THE 17,431
CHIEF'S own motion, or on an application by the operator desiring 17,433
to make such inspection, upon a hearing thereon if requested by
either operator, after reasonable notice of such hearing, may 17,434
make an order providing for such inspection. 17,435
387
Sec. 1571.08. (A) Whenever in this chapter, the method or 17,444
material to be used in discharging any obligations imposed by 17,447
this chapter is specified, an alternative method or material may 17,448
be used if approved by the gas storage well inspector or the 17,449
chief of the division of mines and reclamation MINERAL RESOURCES 17,450
MANAGEMENT. A person desiring to use such alternative method or 17,452
material shall file with the division of mines and reclamation 17,453
MINERAL RESOURCES MANAGEMENT an application for permission to do 17,456
so. Such application shall describe such alternative method or
material in reasonable detail. The gas storage well inspector 17,457
shall promptly send by registered mail notice of the filing of 17,458
such application to any coal mine operator or reservoir operator 17,459
whose mine or reservoir may be directly affected thereby. Any 17,460
such coal mine operator or reservoir operator may within ten days 17,461
following receipt of such notice, file with the division
objections to such application. The gas storage well inspector 17,462
may also file with the division an objection to such application 17,464
at any time during which coal mine operators or reservoir 17,466
operators are permitted to file objections. If no objections are 17,467
filed within said THE ten-day period of time, the gas storage 17,469
well inspector shall thereupon issue a permit approving the use
of such alternative method or material. If any such objections 17,470
are filed by any coal mine operator or reservoir operator, or by 17,471
the gas storage well inspector, the question as to whether or not 17,472
the use of such alternative method or material, or a modification 17,473
thereof is approved, shall be determined by a conference or 17,475
hearing as provided in section 1571.10 of the Revised Code. 17,476
(B) Whenever in this chapter, provision is made for the 17,479
filing of objections with the division, such objections shall be 17,480
in writing and shall state as definitely as is reasonably 17,481
possible the reasons for such objections. Upon the filing of any
such objection the gas storage well inspector shall promptly fix 17,482
the time and place for holding a conference for the purpose of 17,483
discussing and endeavoring to resolve by mutual agreement the 17,484
388
issue raised by such objection. The gas storage well inspector 17,485
shall send written notice thereof by registered mail to each 17,486
person having a direct interest therein. Thereupon the issue
made by such objection shall be determined by a conference or 17,487
hearing in accordance with the procedures for conferences and 17,488
hearings as provided in section 1571.10 of the Revised Code. 17,489
Sec. 1571.09. (A) The chief of the division of mines and 17,499
reclamation MINERAL RESOURCES MANAGEMENT or any officer or
employee of the division thereunto duly authorized by the chief 17,500
may investigate, inspect, or examine records and facilities of 17,501
any coal mine operator or reservoir operator, for the purpose of 17,503
determining the accuracy or correctness of any map, data, 17,504
statement, report, or other item or article, filed with or 17,505
otherwise received by the division pursuant to this chapter. 17,506
When a material question is raised by any reservoir operator or 17,508
coal mine operator as to the accuracy or correctness of any such 17,509
map, data, statement, report, or other item or article, which may 17,510
directly affect him THE RESERVOIR OPERATOR OR COAL MINE OPERATOR, 17,511
the matter shall be determined by a conference or hearing as 17,512
provided in section 1571.10 of the Revised Code. 17,513
(B) The division of mines and reclamation MINERAL 17,515
RESOURCES MANAGEMENT shall keep all maps, data, statements, 17,516
reports, well logs, notices, or other items or articles filed 17,517
with or otherwise received by it pursuant to the provisions of 17,518
this chapter in a safe place and conveniently accessible to 17,520
persons entitled to examine them. It shall maintain indexes of 17,521
all such items and articles so that any of them may be promptly 17,522
located. None of such items or articles shall be open to public 17,523
inspection, but: (1) any of such items or articles pertaining to 17,524
a mine may be examined by: the operator, owner, lessee, or agent 17,525
of such mine; persons financially interested in such mine; owners 17,526
of land adjoining such mine; the operator, owner, lessee, or
agent of a mine adjoining such mine; authorized representatives 17,527
of the persons employed to work in such mine; the operator of a 17,528
389
gas storage reservoir any part of the boundary of which or of the 17,529
boundary of its protective area is within ten thousand linear 17,530
feet of the boundary of such mine, or the agent of such reservoir 17,531
operator thereunto authorized by such reservoir operator; or any
employee of the division of geological survey of IN the state 17,533
DEPARTMENT of Ohio NATURAL RESOURCES thereunto duly authorized by 17,535
the chief of said THAT division; and (2) any of such items or 17,536
articles pertaining to a gas storage reservoir may be examined 17,537
by: the operator of such reservoir; the operator of a coal mine 17,538
any part of the boundary of which is within ten thousand linear 17,539
feet of the boundary of a gas storage reservoir or of the 17,540
boundary of its protective area, or the agent of such mine 17,541
operator thereunto authorized by such mine operator, or the
authorized representatives of the persons employed to work in 17,542
such mine; or any employee of the division of geological survey 17,543
of the state of Ohio thereunto duly authorized by the chief of 17,545
said THAT division. The division of mines and reclamation 17,547
MINERAL RESOURCES MANAGEMENT shall not permit any of such items 17,548
or articles to be removed from its office, and it shall not
furnish copies of any such items or articles to any person other 17,549
than as provided in this chapter. 17,550
The division shall keep a docket of all proceedings arising 17,552
under this chapter, in which shall be entered the dates of any 17,554
notice received or issued, the names of all persons to whom it 17,555
sends a notice, and the address of each, the dates of conferences
and hearings, and all findings, determinations, decisions, 17,556
rulings, and orders, or other actions by the division. 17,557
(C) Whenever any provision of this chapter requires the 17,559
division to give notice to the operator of a coal mine of any 17,561
proceeding to be held pursuant to any provision of said sections 17,562
THIS CHAPTER, the division shall simultaneously give a copy of 17,563
such notice to the authorized representatives of the persons 17,564
employed to work in such mine.
Sec. 1571.10. (A) The gas storage well inspector or any 17,574
390
person having a direct interest in the administration of this 17,575
chapter may at any time file with the division of mines and 17,576
reclamation MINERAL RESOURCES MANAGEMENT a written request that a 17,577
conference be held for the purpose of discussing and endeavoring 17,579
to resolve by mutual agreement any question or issue relating to
the administration of said sections THIS CHAPTER, or to 17,580
compliance with their ITS provisions, or to any violation 17,582
thereof. Such request shall describe the matter concerning which 17,583
the conference is requested. Thereupon the gas storage well
inspector shall promptly fix the time and place for the holding 17,584
of such conference and shall send written notice thereof to each 17,585
person having a direct interest therein. At such conference the 17,586
gas storage well inspector or a representative of the division 17,587
designated by him THE GAS STORAGE WELL INSPECTOR shall be in 17,588
attendance, and shall preside at the conference, and he THE GAS 17,589
STORAGE WELL INSPECTOR OR DESIGNATED REPRESENTATIVE may make such 17,590
recommendations as he THE GAS STORAGE WELL INSPECTOR OR 17,591
DESIGNATED REPRESENTATIVE deems proper. Any agreement reached at 17,592
such conference shall be consistent with the requirements of this 17,593
chapter and, if approved by the gas storage well inspector, it 17,596
shall be reduced to writing and shall be effective. Any such
agreement approved by the gas storage well inspector shall be 17,597
kept on file in the division and a copy thereof shall be 17,598
furnished to each of the persons having a direct interest 17,599
therein. The conference shall be deemed terminated as of the 17,600
date an approved agreement is reached or when any person having a
direct interest therein refuses to confer thereafter. Such a 17,601
conference shall be held in all cases prior to the holding of a 17,602
hearing as provided in this section. 17,603
(B) Within ten days after the termination of a conference 17,605
at which no approved agreement is reached, any person who 17,606
participated in such conference and who has a direct interest in 17,607
the subject matter thereof, or the gas storage well inspector, 17,608
may file with the chief of the division of mines and reclamation 17,609
391
MINERAL RESOURCES MANAGEMENT a request that he THE CHIEF hear and 17,610
determine the matter or matters, or any part thereof considered 17,613
at the conference. Thereupon the chief shall promptly fix the
time and place for the holding of such hearing and shall send 17,614
written notice thereof to each person having a direct interest 17,615
therein. The form of the request for such hearing and the 17,616
conduct of the hearing shall be in accordance with regulations 17,617
which RULES THAT the chief adopts and promulgates as provided in 17,618
division (C) of this UNDER section 1571.11 OF THE REVISED CODE. 17,619
Consistent with the requirement for reasonable notice each such 17,621
hearing shall be held promptly after the filing of the request 17,622
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 17,623
attorney. The division may present at such hearing any evidence 17,624
which THAT is material to the matter being heard and which THAT 17,625
has come to the division's attention in any investigation or 17,626
inspection made pursuant to provisions of this chapter. 17,627
(C) For the purpose of conducting such a hearing the chief 17,629
may require the attendance of witnesses and the production of 17,630
books, records, and papers, and he THE CHIEF may, and at the 17,631
request of any person having a direct interest in the matter 17,633
being heard, he THE CHIEF shall, issue subpoenas for witnesses or 17,634
subpoenas duces tecum to compel the production of any books, 17,635
records, or papers, directed to the sheriff SHERIFFS of the 17,636
counties where such witnesses are found, which subpoenas shall be 17,638
served and returned in the same manner as subpoenas in criminal 17,639
cases are served and returned. The fees and mileage of sheriffs
and witnesses shall be the same as those allowed by the court of 17,640
common pleas in criminal cases. Such fee and mileage expenses 17,641
shall be paid in advance by the persons at whose request they are 17,642
incurred, and the remainder of such expenses shall be paid out of 17,643
funds appropriated for the expenses of the division.
In case of disobedience or neglect of any subpoena served 17,645
on any person, or the refusal of any witness to testify to any 17,646
392
matter regarding which he THE WITNESS may be lawfully 17,648
interrogated, the court of common pleas of the county in which
such disobedience, neglect, or refusal occurs, or any judge 17,649
thereof, on application of the chief, shall compel obedience by 17,650
attachment proceedings for contempt as in the case of 17,651
disobedience of the requirements of a subpoena issued from such
court or a refusal to testify therein. Witnesses at such 17,652
hearings shall testify under oath, and the chief may administer 17,653
oaths or affirmations to persons who so testify. 17,654
(D) With the consent of the chief, the testimony of any 17,656
witness may be taken by deposition at the instance of a party to 17,657
any hearing before the chief at any time after hearing has been 17,658
formally commenced. The chief may, of his THE CHIEF'S own 17,659
motion, order testimony to be taken by deposition at any stage in 17,660
any hearing, proceeding,or investigation pending before him THE 17,661
CHIEF. Such deposition shall be taken in the manner prescribed 17,663
by the laws of Ohio THIS STATE for taking depositions in civil 17,665
cases in courts of record.
(E) After the conclusion of a hearing the chief shall make 17,667
a determination and finding of facts. Every adjudication, 17,668
determination, or finding by the chief shall be made by written 17,669
order and shall contain a written finding by the chief of the 17,670
facts upon which the adjudication, determination, or finding is 17,672
based. Notice of the making of such order shall be given to the
persons whose rights, duties, or privileges are affected thereby, 17,673
by sending a certified copy thereof by registered mail to each of 17,674
such persons.
Adjudications, determinations, findings, and orders made by 17,676
the chief shall not be governed by, or be subject to, sections 17,678
119.01 to 119.13 CHAPTER 119. of the Revised Code. 17,681
Sec. 1571.11. The chief of the division of mines and 17,690
reclamation MINERAL RESOURCES MANAGEMENT shall adopt regulations 17,692
RULES governing administrative procedures to be followed in the 17,693
administration of this chapter, which shall be of general 17,694
393
application in all matters and to all persons affected by this 17,695
chapter.
No regulation RULE adopted by said THE chief pursuant to 17,698
this section shall be effective until the tenth day after it has 17,699
been promulgated by the filing of a certified copy thereof HAS 17,700
BEEN FILED in the office of the secretary of state. 17,701
All regulations RULES filed in the office of the secretary 17,703
of state pursuant to this section shall be recorded by the 17,704
secretary of state under a heading entitled "Regulations relating 17,705
to the storage of gas in underground gas storage reservoirs", and 17,706
shall be numbered consecutively under such heading and shall bear 17,707
the date of filing. Such regulations RULES shall be public 17,708
records open to public inspection. 17,710
No regulation RULE filed in the office of the secretary of 17,712
state pursuant to this section shall be amended except by a 17,713
regulation which RULE THAT contains the entire regulation RULE as 17,715
amended and which THAT repeals the regulation RULE amended. Each 17,716
regulation which RULE THAT amends a regulation RULE shall bear 17,717
the same consecutive regulation RULE number as the number of the 17,719
regulation which RULE THAT it amends, and it shall bear the date 17,721
of filing.
No regulation RULE filed in the office of the secretary of 17,723
state pursuant to this section shall be repealed except by a 17,724
regulation RULE. Each regulation which RULE THAT repeals a 17,726
regulation RULE shall bear the same consecutive regulation RULE 17,727
number as the number of the regulation which RULE THAT it 17,728
repeals, and it shall bear the date of filing. 17,730
The authority and the duty of the chief to adopt and 17,732
promulgate regulations RULES as provided in this section shall 17,733
not be governed by, or be subject to sections 119.01 to 119.13 17,736
CHAPTER 119. of the Revised Code.
The chief shall have available at all times copies of all 17,738
regulations RULES adopted and promulgated pursuant to this 17,740
section, and shall furnish same free of charge to any person 17,741
394
requesting same.
Sec. 1571.14. Any person claiming to be aggrieved or 17,750
adversely affected by an order of the chief of the division of 17,751
mines and reclamation MINERAL RESOURCES MANAGEMENT made as 17,752
provided in section 1571.10 or 1571.16 of the Revised Code may 17,755
appeal to the director of natural resources for an order vacating 17,757
or modifying such order. Upon receipt of the appeal, the 17,758
director shall appoint an individual who has knowledge of the 17,759
laws and rules regarding the underground storage of gas and who 17,760
shall act as a hearing officer in accordance with Chapter 119. of 17,761
the Revised Code in hearing the appeal.
The person appealing to the director shall be known as 17,763
appellant and the chief shall be known as appellee. The 17,764
appellant and the appellee shall be deemed parties to the appeal. 17,765
The appeal shall be in writing and shall set forth the 17,767
order complained of and the grounds upon which the appeal is 17,768
based. The appeal shall be filed with the director within thirty 17,769
days after the date upon which appellant received notice by 17,770
registered mail of the making of the order complained of, as 17,771
required by section 1571.10 of the Revised Code. Notice of the 17,773
filing of such appeal shall be delivered by appellant to the 17,774
chief within three days after the appeal is filed with the 17,776
director.
Within seven days after receipt of the notice of appeal the 17,778
chief shall prepare and certify to the director at the expense of 17,779
appellant a complete transcript of the proceedings out of which 17,780
the appeal arises, including a transcipt TRANSCRIPT of the 17,781
testimony submitted to the chief. 17,783
Upon the filing of the appeal the director shall fix the 17,785
time and place at which the hearing on the appeal will be held, 17,786
and shall give appellant and the chief at least ten days' written 17,787
notice thereof by mail. The director may postpone or continue 17,788
any hearing upon his THE DIRECTOR'S own motion or upon 17,789
application of appellant or of the chief. 17,791
395
The filing of an appeal provided for in this section does 17,793
not automatically suspend or stay execution of the order appealed 17,794
from, but upon application by the appellant the director may 17,795
suspend or stay such execution pending determination of the 17,796
appeal upon such terms as he THE DIRECTOR deems proper. 17,797
The hearing officer appointed by the director shall hear 17,799
the appeal de novo, and either party to the appeal may submit 17,800
such evidence as the hearing officer deems admissible. 17,801
For the purpose of conducting a hearing on an appeal, the 17,803
hearing officer may require the attendance of witnesses and the 17,804
production of books, records, and papers, and may, and at the 17,805
request of any party shall, issue subpoenas for witnesses or 17,806
subpoenas duces tecum to compel the production of any books, 17,807
records, or papers, directed to the sheriff SHERIFFS of the 17,808
counties where such witnesses are found, which subpoenas shall be 17,810
served and returned in the same manner as subpoenas in criminal 17,811
cases are served and returned. The fees and mileage of sheriffs 17,812
and witnesses shall be the same as those allowed by the court of 17,813
common pleas in criminal cases. Such fee and mileage expenses 17,814
incurred at the request of appellant shall be paid in advance by 17,815
appellant, and the remainder of such expenses shall be paid out 17,816
of funds appropriated for the expenses of the division of mines 17,818
and reclamation MINERAL RESOURCES MANAGEMENT. 17,819
In case of disobedience or neglect of any subpoena served 17,821
on any person, or the refusal of any witness to testify to any 17,822
matter regarding which he THE WITNESS may be lawfully 17,823
interrogated, the court of common pleas of the county in which 17,825
such disobedience, neglect, or refusal occurs, or any judge 17,826
thereof, on application of the director, shall compel obedience 17,827
by attachment proceedings for contempt as in the case of 17,828
disobedience of the requirements of a subpoena issued from such 17,829
court or a refusal to testify therein. Witnesses at such 17,830
hearings shall testify under oath, and the hearing officer may 17,831
administer oaths or affirmations to persons who so testify. 17,832
396
At the request of any party to the appeal, a stenographic 17,834
record of the testimony and other evidence submitted shall be 17,835
taken by an official court shorthand reporter at the expense of 17,836
the party making the request therefor. The record shall include 17,837
all of the testimony and other evidence and the rulings on the 17,838
admissibility thereof presented at the hearing. The hearing 17,839
officer shall pass upon the admissibility of evidence, but any 17,840
party may at the time object to the admission of any evidence and 17,841
except to the ruling of the hearing officer thereon, and if the 17,842
hearing officer refuses to admit evidence, the party offering 17,843
same may make a proffer thereof, and such proffer shall be made a 17,844
part of the record of such hearing. 17,845
If upon completion of the hearing the hearing officer finds 17,847
that the order appealed from was lawful and reasonable, he THE 17,848
HEARING OFFICER shall make a written order affirming the order 17,850
appealed from. If the hearing officer finds that such order was 17,851
unreasonable or unlawful, he THE HEARING OFFICER shall make a 17,852
written order vacating the order appealed from and making the 17,854
order which THAT it finds the chief should have made. Every 17,855
order made by the hearing officer shall contain a written finding 17,856
by him THE HEARING OFFICER of the facts upon which the order is 17,858
based. Notice of the making of such order shall be given 17,859
forthwith to each party to the appeal by mailing a certified copy 17,860
thereof to each such party by registered mail.
Sec. 1571.16. (A) The gas storage well inspector or any 17,870
person having a direct interest in the subject matter of this
chapter may file with the division of mines and reclamation 17,872
MINERAL RESOURCES MANAGEMENT a complaint in writing stating that 17,874
a person is violating, or is about to violate, a provision or 17,875
provisions of those sections THIS CHAPTER, or has done, or is 17,876
about to do, an act, matter, or thing therein prohibited or 17,878
declared to be unlawful, or has failed, omitted, neglected, or 17,879
refused, or is about to fail, omit, neglect, or refuse, to 17,880
perform a duty enjoined upon him THE PERSON by this chapter. 17,882
397
Upon the filing of such a complaint, the chief of the division of 17,884
mines and reclamation MINERAL RESOURCES MANAGEMENT shall promptly 17,885
fix the time for the holding of a hearing on such complaint and 17,887
shall send by registered mail to the person so complained of, a 17,888
copy of such complaint together with at least five days' notice 17,889
of the time and place at which such hearing will be held. Such 17,890
notice of such hearing shall also be given to all persons having 17,891
a direct interest in the matters complained of in such complaint. 17,892
Such hearing shall be conducted in the same manner, and the chief 17,893
and persons having a direct interest in the matter being heard, 17,894
shall have the same powers, rights, and duties as provided in 17,895
divisions (B), (C), (D), and (E) of section 1571.10 of the 17,896
Revised Code, in connection with hearings by the chief;, provided 17,897
that if after conclusion of the hearing the chief finds that the 17,898
charges against the person complained of, as stated in such 17,899
complaint, have not been sustained by a preponderance of 17,900
evidence, he THE CHIEF shall make an order dismissing the 17,902
complaint, and if the chief finds that the charges have been so 17,903
sustained, he THE CHIEF shall by appropriate order require 17,904
compliance with those sections PROVISIONS. 17,905
(B) Whenever the chief is of the opinion that any person 17,907
is violating, or is about to violate, any provision of this 17,908
chapter, or has done, or is about to do, any act, matter, or 17,911
thing therein prohibited or declared to be unlawful, or has 17,912
failed, omitted, neglected, or refused, or is about to fail, 17,913
omit, neglect, or refuse, to perform any duty enjoined upon him 17,914
THE PERSON by this chapter, or has failed, omitted, neglected, or 17,916
refused, or is about to fail, omit, neglect, or refuse, to obey 17,917
any lawful requirement or order made by the chief, or any final 17,918
judgment, order, or decree made by any court pursuant to this 17,919
chapter, then and in every such case, the chief may institute in 17,921
a court of competent jurisdiction of the county or counties 17,922
wherein the operation is situated, an action to enjoin or 17,923
restrain such violations or to enforce obedience with law or the 17,924
398
orders of the chief. No injunction bond shall be required to be 17,925
filed in any such proceeding. Such persons or corporations as 17,926
the court may deem necessary or proper to be joined as parties in 17,927
order to make its judgment, order, or writ effective may be 17,928
joined as parties. An appeal may be taken as in other civil 17,929
actions.
(C) In addition to the other remedies as provided in 17,931
divisions (A) and (B) of this section, any reservoir operator or 17,932
coal mine operator affected by this chapter may proceed by 17,933
injunction or other appropriate remedy to restrain violations or 17,935
threatened violations of this chapter or of orders of the chief, 17,938
or of the hearing officer appointed under section 1571.14 of the 17,939
Revised Code, or the judgments, orders, or decrees of any court 17,941
or to enforce obedience therewith. 17,942
(D) Each remedy prescribed in divisions (A), (B), and (C) 17,944
of this section is deemed concurrent or contemporaneous with each 17,945
other remedy prescribed therein, and the existence or exercise of 17,946
any one such remedy shall not prevent the exercise of any other 17,947
such remedy. 17,948
(E) The provisions of this chapter providing for 17,950
conferences, hearings by the chief, appeals to the hearing 17,952
officer from orders of the chief, and appeals to the court of 17,954
common pleas from orders of the hearing officer, and the remedies 17,955
prescribed in divisions (A), (B), (C), and (D) of this section, 17,956
do not constitute the exclusive procedure which THAT a person, 17,957
who deems his THE PERSON'S rights to be unlawfully affected by 17,958
any official action taken thereunder, must pursue in order to 17,959
protect and preserve such rights, nor does this chapter 17,960
constitute A procedure which THAT such a person must pursue 17,962
before he THE PERSON may lawfully proceed by other actions, legal 17,964
or equitable, to protect and preserve such rights. 17,965
Sec. 1571.99. Any person who shall willfully violate 17,974
PURPOSELY VIOLATES any order of the chief of the division of 17,976
mines and reclamation MINERAL RESOURCES MANAGEMENT, of a hearing 17,977
399
officer appointed by the director of natural resources under 17,978
section 1571.14 of the Revised Code, or of the director, made 17,979
pursuant to this chapter shall be punished by a fine not 17,980
exceeding two thousand dollars, or imprisoned in jail for a
period not exceeding twelve months, or both, in the discretion of 17,981
the court.
Sec. 5749.02. (A) For the purpose of providing revenue to 17,990
administer the state's coal mining and reclamation regulatory 17,991
program, to meet the environmental and resource management needs 17,992
of this state, and to reclaim land affected by mining, an excise 17,993
tax is hereby levied on the privilege of engaging in the 17,994
severance of natural resources from the soil or water of this 17,995
state. The tax shall be imposed upon the severer and shall be: 17,996
(1) Seven cents per ton of coal; 17,998
(2) Four cents per ton of salt; 18,000
(3) Two cents per ton of limestone or dolomite; 18,002
(4) Two cents per ton of sand and gravel; 18,004
(5) Ten cents per barrel of oil; 18,006
(6) Two and one-half cents per thousand cubic feet of 18,008
natural gas; 18,009
(7) One cent per ton of clay, sandstone or conglomerate, 18,011
shale, gypsum, or quartzite. 18,012
(B) Of the moneys received by the treasurer of state from 18,014
the tax levied in division (A)(1) of this section, six and 18,015
three-tenths per cent shall be credited to the geological mapping 18,016
fund created in section 1505.09 of the Revised Code, fourteen and 18,017
two-tenths per cent shall be credited to the reclamation 18,019
supplemental forfeiture fund created in division (B) of section 18,020
1513.18 of the Revised Code, fifty-seven and nine-tenths per cent 18,021
shall be credited to the coal mining administration and 18,022
reclamation reserve fund created in section 1513.181 of the 18,023
Revised Code, and the remainder shall be credited to the 18,024
unreclaimed lands fund created in section 1513.30 of the Revised 18,025
Code. When, within ten days before or after the beginning of AT 18,026
400
ANY TIME DURING a fiscal year, the chief of the division of mines 18,027
and reclamation MINERAL RESOURCES MANAGEMENT finds that the 18,029
balance of the coal mining administration and reclamation reserve 18,030
fund is below two million dollars, the chief shall certify that 18,031
fact to the director of budget and management. Upon receipt of 18,032
the chief's certification, the director shall direct the 18,033
treasurer of state to instead credit to the coal mining 18,034
administration and reclamation reserve fund during the REMAINDER 18,035
OF THE fiscal year for which the certification is made the 18,037
fourteen and two-tenths per cent of the moneys collected from the 18,038
tax levied in division (A)(1) of this section and otherwise 18,039
required by this division to be credited to the reclamation 18,040
supplemental forfeiture fund.
Fifteen per cent of the moneys received by the treasurer of 18,042
state from the tax levied in division (A)(2) of this section 18,043
shall be credited to the geological mapping fund and the 18,044
remainder shall be credited to the unreclaimed lands fund. 18,045
Of the moneys received by the treasurer of state from the 18,047
tax levied in divisions (A)(3) and (4) of this section, seven and 18,048
five-tenths per cent shall be credited to the geological mapping 18,049
fund, forty-two and five-tenths per cent shall be credited to the 18,050
unreclaimed lands fund, and the remainder shall be credited to 18,051
the surface mining administration fund created in section 1514.11 18,053
1514.06 of the Revised Code.
Of the moneys received by the treasurer of state from the 18,055
tax levied in divisions (A)(5) and (6) of this section, ninety 18,057
per cent shall be credited to the oil and gas well fund created 18,058
in section 1509.02 of the Revised Code and ten per cent shall be 18,059
credited to the geological mapping fund. All of the moneys 18,061
received by the treasurer of state from the tax levied in
division (A)(7) of this section shall be credited to the surface 18,062
mining administration fund. 18,063
(C) For the purpose of paying the state's expenses for 18,065
reclaiming mined lands that the operator failed to reclaim under 18,067
401
a coal mining and reclamation permit issued under Chapter 1513. 18,068
of the Revised Code, or under a surface mining permit issued 18,069
under Chapter 1514. of the Revised Code, for which the operator's 18,071
bond is not sufficient to pay the state's expense for 18,072
reclamation, there is hereby levied an excise tax on the 18,073
privilege of engaging in the severance of coal from the soil or 18,074
water of this state in addition to the taxes levied by divisions 18,075
(A)(1) and (D) of this section. The tax shall be imposed at the 18,076
rate of one cent per ton of coal. Moneys received by the 18,078
treasurer of state from the tax levied under this division shall 18,079
be credited to the reclamation supplemental forfeiture fund
created in division (B) of section 1513.18 of the Revised Code. 18,081
(D) For the purpose of paying the state's expenses for 18,083
reclaiming coal mined lands that the operator failed to reclaim 18,084
in accordance with Chapter 1513. of the Revised Code under a coal 18,085
mining and reclamation permit issued after April 10, 1972, but 18,086
before September 1, 1981, for which the operator's bond is not 18,087
sufficient to pay the state's expense for reclamation and paying 18,088
the expenses for administering the state's coal mining and 18,089
reclamation regulatory program, there is hereby levied an excise 18,090
tax on the privilege of engaging in the severance of coal from 18,091
the soil or water of this state in addition to the taxes levied 18,092
by divisions (A)(1) and (C) of this section. The tax shall be 18,093
imposed at the rate of one cent per ton of coal as prescribed in 18,094
this division. Moneys received by the treasurer of state from 18,095
the tax levied by this division shall be credited to the 18,096
reclamation supplemental forfeiture fund created in division (B) 18,098
of section 1513.18 of the Revised Code. 18,099
When, at the close of any fiscal year, the chief finds that 18,101
the balance of the reclamation supplemental forfeiture fund, plus 18,103
estimated transfers to it from the coal mining and reclamation 18,104
reserve fund under section 1513.181 of the Revised Code, plus the 18,105
estimated revenues from the tax levied by this division for the 18,106
remainder of the calendar year that includes the close of the 18,107
402
fiscal year, are sufficient to complete the reclamation of such 18,108
lands, the purposes for which the tax under this division is 18,109
levied shall be deemed accomplished at the end of that calendar 18,110
year. The chief, within thirty days after the close of the 18,111
fiscal year, shall certify those findings to the tax 18,112
commissioner, and the tax shall cease to be imposed after the 18,114
last day of that calendar year.
(E) On the day fixed for the payment of the severance 18,116
taxes required to be paid by this section, the taxes with any 18,117
penalties or interest on them shall become a lien on all property 18,119
of the taxpayer in this state whether the property is employed by 18,121
the taxpayer in the prosecution of its business or is in the
hands of an assignee, trustee, or receiver for the benefit of 18,122
creditors or stockholders. The lien shall continue until the 18,123
taxes and any penalties or interest thereon are paid. 18,124
Upon failure of the taxpayer to pay a tax on the day fixed 18,126
for payment, the tax commissioner may file, for which no filing 18,127
fee shall be charged, in the office of the county recorder in 18,128
each county in this state in which the taxpayer owns or has a 18,129
beneficial interest in real estate, notice of the lien containing 18,130
a brief description of the real estate. The lien shall not be 18,131
valid as against any mortgagee, purchaser, or judgment creditor 18,132
whose rights have attached prior to the time the notice is filed 18,133
in the county in which the real estate that is the subject of the 18,135
mortgage, purchase, or judgment lien is located. The notice
shall be recorded in a book kept by the recorder called the 18,137
"severance tax lien record" and indexed under the name of the
taxpayer charged with the tax. When the tax has been paid, the 18,138
tax commissioner shall furnish to the taxpayer an acknowledgement 18,139
of payment, which the taxpayer may record with the recorder of 18,140
each county in which notice of the lien has been filed. 18,141
Sec. 6111.044. Upon receipt of an application for an 18,150
injection well drilling permit, an injection well operating 18,151
permit, a renewal of an injection well operating permit, or a 18,152
403
modification of an injection well drilling permit, operating 18,153
permit, or renewal of an operating permit, the director of 18,154
environmental protection shall determine whether the application 18,155
is complete and demonstrates that the activities for which the 18,156
permit, renewal permit, or modification is requested will comply 18,157
with the Federal Water Pollution Control Act and regulations 18,158
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 18,159
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted 18,160
under it; and this chapter and the rules adopted under it. If 18,161
the application demonstrates that the proposed activities will 18,162
not comply or will pose an unreasonable risk of inducing seismic 18,163
activity, inducing geologic fracturing, or contamination of an 18,164
underground source of drinking water, the director shall deny the 18,166
application. If the application does not make the required
demonstrations, the director shall return it to the applicant 18,167
with an indication of those matters about which a required 18,169
demonstration was not made. If the director determines that the 18,170
application makes the required demonstrations, the director shall 18,172
transmit copies of the application and all of the accompanying 18,173
maps, data, samples, and information to the chief of the division 18,174
of oil and gas MINERAL RESOURCES MANAGEMENT, the chief of the 18,176
division of geological survey, AND the chief of the division of 18,177
water, and, if the well is or is to be located in a coal-bearing 18,178
township, the chief of the division of mines and reclamation in 18,179
the department of natural resources.
The chief of the division of geological survey shall 18,181
comment upon the application if the chief determines that the 18,182
proposed well or injection will present an unreasonable risk of 18,184
loss or damage to valuable mineral resources. If the chief 18,185
submits comments on the application, those comments shall be 18,186
accompanied by an evaluation of the geological factors upon which 18,187
the comments are based, including fractures, faults, earthquake 18,188
potential, and the porosity and permeability of the injection 18,189
zone and confining zone, and by the documentation supporting the 18,190
404
evaluation. The director shall take into consideration the 18,191
chief's comments, and the accompanying evaluation of geologic 18,192
factors and supporting documentation, when considering the 18,193
application. The director shall provide written notice to the 18,194
chief of the director's decision on the application and, if the 18,196
chief's comments are not included in the permit, renewal permit, 18,197
or modification, of the director's rationale for not including 18,198
them.
The chief of the division of oil and gas MINERAL RESOURCES 18,200
MANAGEMENT shall comment upon the application if the chief 18,202
determines that the proposed well or injection will present an 18,203
unreasonable risk that waste or contamination of recoverable oil 18,204
or gas in the earth will occur. If the chief submits comments on 18,205
the application, those comments shall be accompanied by an 18,206
evaluation of the oil or gas reserves that, in the best 18,207
professional judgment of the chief, are recoverable and will be 18,208
adversely affected by the proposed well or injection, and by the 18,209
documentation supporting the evaluation. The director shall take 18,210
into consideration the chief's comments, and the accompanying 18,211
evaluation and supporting documentation, when considering the 18,212
application. The director shall provide written notice to the 18,213
chief of the director's decision on the application and, if the 18,215
chief's comments are not included in the permit, renewal permit, 18,216
or modification, of the director's rationale for not including 18,217
them.
The chief of the division of water shall assist the 18,219
director in determining whether all underground sources of 18,220
drinking water in the area of review of the proposed well or 18,221
injection have been identified and correctly delineated in the 18,222
application. If the application fails to identify or correctly 18,223
delineate an underground source of drinking water, the chief 18,225
shall provide written notice of that fact to the director.
The chief of the division of mines and reclamation MINERAL 18,227
RESOURCES MANAGEMENT ALSO shall review the application as 18,229
405
follows:
If the application concerns the drilling or conversion of a 18,231
well or the injection into a well that is not or is not to be 18,233
located within five thousand feet of the excavation and workings
of a mine, the chief of the division of mines and reclamation 18,235
MINERAL RESOURCES MANAGEMENT shall note upon the application that 18,236
it has been examined by the division of mines and reclamation 18,237
MINERAL RESOURCES MANAGEMENT, retain a copy of the application 18,238
and map, and immediately return a copy of the application to the 18,239
director.
If the application concerns the drilling or conversion of a 18,241
well or the injection into a well that is or is to be located 18,243
within five thousand feet, but more than five hundred feet from 18,244
the surface excavations and workings of a mine, the chief of the 18,245
division of mines and reclamation MINERAL RESOURCES MANAGEMENT 18,246
immediately shall notify the owner or lessee of the mine that the 18,248
application has been filed and send to the owner or lessee a copy 18,249
of the map accompanying the application setting forth the 18,250
location of the well. The chief of the division of mines and 18,251
reclamation MINERAL RESOURCES MANAGEMENT shall note on the 18,252
application that the notice has been sent to the owner or lessee 18,254
of the mine, retain a copy of the application and map, and 18,255
immediately return a copy of the application to the director with 18,256
the chief's notation on it. 18,257
If the application concerns the drilling or conversion of a 18,259
well or the injection into a well that is or is to be located 18,261
within five thousand feet of the underground excavations and 18,262
workings of a mine or within five hundred feet of the surface 18,263
excavations and workings of a mine, the chief of the division of 18,265
mines and reclamation MINERAL RESOURCES MANAGEMENT immediately 18,266
shall notify the owner or lessee of the mine that the application 18,268
has been filed and send to the owner or lessee a copy of the map 18,269
accompanying the application setting forth the location of the 18,270
well. If the owner or lessee objects to the application, the 18,271
406
owner or lessee shall notify the chief of the division of mines 18,272
and reclamation MINERAL RESOURCES MANAGEMENT of the objection, 18,273
giving the reasons, within six days after the receipt of the 18,275
notice. If the chief of the division of mines and reclamation 18,276
MINERAL RESOURCES MANAGEMENT receives no objections from the 18,278
owner or lessee of the mine within ten days after the receipt of 18,279
the notice by the owner or lessee, or if in the opinion of the 18,280
chief of the division of mines and reclamation MINERAL RESOURCES 18,281
MANAGEMENT the objections offered by the owner or lessee are not 18,282
sufficiently well-founded, the chief shall retain a copy of the 18,283
application and map and return a copy of the application to the 18,284
director with any applicable notes concerning it. 18,285
If the chief of the division of mines and reclamation 18,287
MINERAL RESOURCES MANAGEMENT receives an objection from the owner 18,288
or lessee of the mine as to the application, within ten days 18,289
after receipt of the notice by the owner or lessee, and if in the 18,290
opinion of the chief the objection is well-founded, the chief 18,291
shall disapprove the application and immediately return it to the 18,292
director together with the chief's reasons for the disapproval. 18,293
The director promptly shall notify the applicant for the permit, 18,294
renewal permit, or modification of the disapproval. The 18,295
applicant may appeal the disapproval of the application by the 18,296
chief of the division of mines and reclamation MINERAL RESOURCES
MANAGEMENT to the mine examining board created under section 18,297
1561.10 of the Revised Code, and the board shall hear the appeal 18,298
in accordance with section 1561.53 of the Revised Code. The 18,299
appeal shall be filed within thirty days from the date the 18,301
applicant receives notice of the disapproval. No comments
concerning or disapproval of an application shall be delayed by 18,302
the chief of the division of mines and reclamation MINERAL 18,303
RESOURCES MANAGEMENT for more than fifteen days from the date of 18,304
sending of notice to the mine owner or lessee as required by this 18,305
section.
The director shall not approve an application for an 18,307
407
injection well drilling permit, an injection well operating 18,308
permit, a renewal of an injection well operating permit, or a 18,309
modification of an injection well drilling permit, operating 18,310
permit, or renewal of an operating permit for a well that is or 18,312
is to be located within three hundred feet of any opening of any
mine used as a means of ingress, egress, or ventilation for 18,313
persons employed in the mine, nor within one hundred feet of any 18,315
building or flammable structure connected with the mine and 18,316
actually used as a part of the operating equipment of the mine, 18,317
unless the chief of the division of mines and reclamation MINERAL
RESOURCES MANAGEMENT determines that life or property will not be 18,318
endangered by drilling and operating the well in that location. 18,319
Upon review by the chief of the division of oil and gas 18,321
MINERAL RESOURCES MANAGEMENT, the chief of the division of 18,322
geological survey, and the chief of the division of water, and if 18,324
the chief of the division of mines and reclamation MINERAL 18,325
RESOURCES MANAGEMENT has not disapproved the application, the 18,327
director shall issue a permit, renewal permit, or modification 18,328
with any terms and conditions that may be necessary to comply 18,329
with the Federal Water Pollution Control Act and regulations 18,331
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 18,332
(1974), 42 U.S.C.A. 300(f) as amended, and regulations adopted 18,333
under it; and this chapter and the rules adopted under it. The 18,334
director shall not issue a permit, renewal permit, or 18,335
modification to an applicant if the applicant or persons 18,336
associated with the applicant have engaged in or are engaging in 18,337
a substantial violation of this chapter that is endangering or 18,338
may endanger human health or the environment or if, in the case 18,339
of an applicant for an injection well drilling permit, the 18,340
applicant, at the time of applying for the permit, did not hold 18,341
an injection well operating permit or renewal of an injection 18,342
well drilling permit and failed to demonstrate sufficient 18,343
expertise and competency to operate the well in compliance with 18,344
the applicable provisions of this chapter. 18,345
408
If the director receives a disapproval from the chief of 18,347
the division of mines and reclamation MINERAL RESOURCES 18,348
MANAGEMENT regarding an application for an injection well 18,350
drilling or operating permit, renewal permit, or modification, if 18,351
required, the director shall issue an order denying the 18,352
application.
The director need not issue a proposed action under section 18,354
3745.07 of the Revised Code or hold an adjudication hearing under 18,355
that section and Chapter 119. of the Revised Code before issuing 18,356
or denying a permit, renewal permit, or modification of a permit 18,357
or renewal permit. Before issuing or renewing a permit to drill 18,358
or operate a class I injection well or a modification of it, the 18,360
director shall propose the permit, renewal permit, or
modification in draft form and shall hold a public hearing to 18,361
receive public comment on the draft permit, renewal permit, or 18,362
modification. At least fifteen days before the public hearing on 18,363
a draft permit, renewal permit, or modification, the director 18,364
shall publish notice of the date, time, and location of the 18,365
public hearing in at least one newspaper of general circulation 18,366
serving the area where the well is or is to be located. The 18,367
proposing of such a draft permit, renewal permit, or modification 18,368
does not constitute the issuance of a proposed action under 18,369
section 3745.07 of the Revised Code, and the holding of the 18,370
public hearing on such a draft permit, renewal permit, or 18,371
modification does not constitute the holding of an adjudication 18,372
hearing under that section and Chapter 119. of the Revised Code. 18,373
Appeals of orders other than orders of the chief of the division 18,375
of mines and reclamation MINERAL RESOURCES MANAGEMENT shall be
taken under sections 3745.04 to 3745.08 of the Revised Code. 18,377
The director may order that an injection well drilling 18,379
permit or an injection well operating permit or renewal permit be 18,380
suspended and that activities under it cease after determining 18,381
that those activities are occurring in violation of law, rule, 18,383
order, or term or condition of the permit. Upon service of a 18,384
409
copy of the order upon the permit holder or the permit holder's 18,386
authorized agent or assignee, the permit and activities under it 18,387
shall be suspended immediately without prior hearing and shall 18,389
remain suspended until the violation is corrected and the order 18,390
of suspension is lifted. If a violation is the second within a 18,391
one-year period, the director, after a hearing, may revoke the 18,392
permit. 18,393
The director may order that an injection well drilling 18,395
permit or an injection well operating permit or renewal permit be 18,396
suspended and that activities under it cease if the director has 18,398
reasonable cause to believe that the permit would not have been 18,399
issued if the information available at the time of suspension had 18,400
been available at the time a determination was made by one of the 18,401
agencies acting under authority of this section. Upon service of 18,402
a copy of the order upon the permit holder or the permit holder's 18,404
authorized agent or assignee, the permit and activities under it 18,405
shall be suspended immediately without prior hearing, but a 18,407
permit may not be suspended for that reason without prior hearing 18,408
unless immediate suspension is necessary to prevent waste or 18,409
contamination of oil or gas, comply with the Federal Water 18,410
Pollution Control Act and regulations adopted under it; the "Safe 18,412
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as 18,413
amended, and regulations adopted under it; and this chapter and 18,414
the rules adopted under it, or prevent damage to valuable mineral 18,415
resources, prevent contamination of an underground source of 18,416
drinking water, or prevent danger to human life or health. If 18,417
after a hearing the director determines that the permit would not 18,418
have been issued if the information available at the time of the 18,419
hearing had been available at the time a determination was made 18,420
by one of the agencies acting under authority of this section, 18,421
the director shall revoke the permit. 18,422
When a permit has been revoked, the permit holder or other 18,424
person responsible for it immediately shall plug the well in the 18,426
manner required by the director.
410
The director may issue orders to prevent or require 18,428
cessation of violations of this section, section 6111.043, 18,429
6111.045, 6111.046, or 6111.047 of the Revised Code, rules 18,430
adopted under any of those sections, and terms or conditions of 18,432
permits issued under any of them. The orders may require the 18,434
elimination of conditions caused by the violation. 18,435
Sec. 6121.04. The Ohio water development authority may do 18,444
any or all of the following: 18,445
(A) Adopt bylaws for the regulation of its affairs and the 18,447
conduct of its business; 18,448
(B) Adopt an official seal; 18,450
(C) Maintain a principal office and suboffices at places 18,452
within the state that it designates; 18,453
(D) Sue and plead in its own name and be sued and 18,455
impleaded in its own name with respect to its contracts or torts 18,457
of its members, employees, or agents acting within the scope of 18,458
their employment, or to enforce its obligations and covenants 18,459
made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in 18,460
the court of common pleas of the county in which the principal 18,461
office of the authority is located or in the court of common 18,462
pleas of the county in which the cause of action arose, provided 18,463
that the county is located within this state, and all summonses, 18,464
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with 18,465
the person in charge thereof or with the secretary-treasurer of 18,466
the authority.
(E) Make loans and grants to governmental agencies for the 18,468
acquisition or construction of water development projects by any 18,469
such governmental agency and adopt rules and procedures for 18,470
making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, 18,472
furnish, equip, maintain, repair, operate, or lease or rent to, 18,473
or contract for operation by, a governmental agency or person, 18,474
411
water development projects, and establish rules for the use of 18,475
those projects;
(G) Make available the use or services of any water 18,477
development project to one or more persons, one or more 18,478
governmental agencies, or any combination thereof; 18,479
(H) Issue water development revenue bonds and notes and 18,481
water development revenue refunding bonds of the state, payable 18,482
solely from revenues as provided in section 6121.06 of the 18,483
Revised Code, unless the bonds are refunded by refunding bonds, 18,484
for the purpose of paying any part of the cost of one or more
water development projects or parts thereof; 18,485
(I) Acquire by gift or purchase, hold, and dispose of real 18,487
and personal property in the exercise of its powers and the 18,488
performance of its duties under this chapter; 18,489
(J) Acquire, in the name of the state, by purchase or 18,491
otherwise, on terms and in the manner that it considers proper, 18,493
or by the exercise of the right of condemnation in the manner 18,494
provided by section 6121.18 of the Revised Code, public or 18,495
private lands, including public parks, playgrounds, or 18,496
reservations, or parts thereof or rights therein, rights-of-way, 18,497
property, rights, easements, and interests that it considers 18,498
necessary for carrying out this chapter, but excluding the 18,500
acquisition by the exercise of the right of condemnation of any 18,501
waste water facility or water management facility owned by any 18,502
person or governmental agency, and compensation shall be paid for
public or private lands so taken, except that a government-owned 18,503
waste water facility may be appropriated in accordance with 18,504
section 6121.041 of the Revised Code;
(K) Adopt rules to protect augmented flow in waters of the 18,506
state, to the extent augmented by a water development project, 18,507
from depletion so it will be available for beneficial use, and to 18,508
provide standards for the withdrawal from waters of the state of 18,509
the augmented flow created by a water development project that is 18,510
not returned to the waters of the state so augmented and to
412
establish reasonable charges therefor if considered necessary by 18,511
the authority; 18,512
(L) Make and enter into all contracts and agreements and 18,514
execute all instruments necessary or incidental to the 18,515
performance of its duties and the execution of its powers under 18,516
this chapter in accordance with the following requirements: 18,517
(1) When the cost under any such contract or agreement, 18,519
other than compensation for personal services, involves an 18,520
expenditure of more than ten thousand dollars, the authority 18,521
shall make a written contract with the lowest responsive and 18,522
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two 18,523
consecutive weeks in a newspaper of general circulation in 18,524
Franklin county, and in other publications that the authority 18,525
determines, which shall state the general character of the work 18,527
and the general character of the materials to be furnished, the 18,528
place where plans and specifications therefor may be examined,
and the time and place of receiving bids, provided that a 18,529
contract or lease for the operation of a water development 18,530
project constructed and owned by the authority or an agreement 18,531
for cooperation in the acquisition or construction of a water 18,532
development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development 18,533
project that is to be leased by the authority to, and operated 18,534
by, persons who are not governmental agencies and the cost of the 18,535
project is to be amortized exclusively from rentals or other 18,536
charges paid to the authority by persons who are not governmental 18,537
agencies is not subject to the foregoing requirements and the 18,538
authority may enter into such a contract or lease or such an
agreement pursuant to negotiation and upon terms and conditions 18,539
and for the period that it finds to be reasonable and proper in 18,541
the circumstances and in the best interests of proper operation 18,543
or of efficient acquisition or construction of the project. 18,544
(2) Each bid for a contract for the construction, 18,546
413
demolition, alteration, repair, or reconstruction of an 18,547
improvement shall contain the full name of every person 18,548
interested in it and shall meet the requirements of section
153.54 of the Revised Code. 18,549
(3) Each bid for a contract except as provided in division 18,551
(L)(2) of this section shall contain the full name of every 18,552
person or company interested in it and shall be accompanied by a 18,553
sufficient bond or certified check on a solvent bank that if the 18,554
bid is accepted, a contract will be entered into and the 18,555
performance thereof secured.
(4) The authority may reject any and all bids. 18,557
(5) A bond with good and sufficient surety, approved by 18,559
the authority, shall be required of every contractor awarded a 18,560
contract except as provided in division (L)(2) of this section, 18,561
in an amount equal to at least fifty per cent of the contract 18,562
price, conditioned upon the faithful performance of the contract. 18,563
(M) Employ managers, superintendents, and other employees 18,565
and retain or contract with consulting engineers, financial 18,566
consultants, accounting experts, architects, attorneys, and other 18,567
consultants and independent contractors that are necessary in its 18,569
judgment to carry out this chapter, and fix the compensation 18,570
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under 18,571
this chapter, from revenues, or from funds appropriated for that 18,572
purpose by the general assembly. 18,573
(N) Receive and accept from any federal agency, subject to 18,575
the approval of the governor, grants for or in aid of the 18,576
construction of any water development project or for research and 18,577
development with respect to waste water or water management 18,578
facilities, and receive and accept aid or contributions from any 18,579
source of money, property, labor, or other things of value, to be 18,580
held, used, and applied only for the purposes for which the
grants and contributions are made; 18,581
(O) Engage in research and development with respect to 18,583
414
waste water or water management facilities; 18,584
(P) Purchase fire and extended coverage and liability 18,586
insurance for any water development project and for the principal 18,587
office and suboffices of the authority, insurance protecting the 18,588
authority and its officers and employees against liability for 18,589
damage to property or injury to or death of persons arising from 18,590
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development 18,591
revenue bonds or in any trust agreement securing the same; 18,592
(Q) Charge, alter, and collect rentals and other charges 18,594
for the use or services of any water development project as 18,595
provided in section 6121.13 of the Revised Code; 18,596
(R) Provide coverage for its employees under sections 18,598
145.01 to 145.58 and Chapters 4123. and 4141. of the Revised 18,600
Code;
(S) Assist in the implementation and administration of the 18,602
drinking water assistance fund and program created in section 18,603
6109.22 of the Revised Code and the water pollution control loan 18,604
fund and program created in section 6111.036 of the Revised Code, 18,605
including, without limitation, performing or providing fiscal 18,606
management for the funds and investing and disbursing moneys in
the funds, and enter into all necessary and appropriate 18,607
agreements with the director of environmental protection for 18,608
those purposes;
(T) Issue water development revenue bonds and notes of the 18,610
state in principal amounts that are necessary for the purpose of 18,611
raising moneys for the sole benefit of the water pollution 18,612
control loan fund created in section 6111.036 of the Revised 18,613
Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds 18,614
and notes may be secured by appropriate trust agreements and 18,615
repaid from moneys credited to the fund from payments of 18,616
principal and interest on loans made from the fund, as provided 18,617
in division (F) of section 6111.036 of the Revised Code.
415
(U) Issue water development revenue bonds and notes of the 18,619
state in principal amounts that are necessary for the purpose of 18,620
raising moneys for the sole benefit of the drinking water 18,621
assistance fund created in section 6109.22 of the Revised Code, 18,622
including moneys to meet the requirement for providing matching 18,623
moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and 18,624
repaid from moneys credited to the fund from payments of 18,625
principal and interest on loans made from the fund, as provided 18,626
in division (F) of section 6109.22 of the Revised Code. 18,627
(V) Make loans to and enter into agreements with boards of 18,629
county commissioners for the purposes of section 1507.071 1521.26 18,630
of the Revised Code and adopt rules establishing requirements and 18,632
procedures for making the loans and entering into the agreements; 18,633
(W) Do all acts necessary or proper to carry out the 18,635
powers expressly granted in this chapter. 18,636
Any instrument by which real property is acquired pursuant 18,638
to this section shall identify the agency of the state that has 18,639
the use and benefit of the real property as specified in section 18,640
5301.012 of the Revised Code.
Section 2. That existing sections 121.04, 124.24, 127.16, 18,642
317.08, 1501.01, 1501.022, 1505.10, 1507.02, 1507.03, 1507.04, 18,646
1507.05, 1507.06, 1507.07, 1507.071, 1507.08, 1507.09, 1507.10, 18,647
1507.11, 1509.01, 1509.02, 1509.03, 1509.04, 1509.05, 1509.06, 18,648
1509.061, 1509.07, 1509.071, 1509.072, 1509.08, 1509.09, 1509.10, 18,649
1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 1509.18, 18,650
1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 1509.224, 18,651
1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27, 18,652
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.36, 1509.38, 18,653
1509.39, 1509.40, 1510.01, 1510.08, 1513.01, 1513.02, 1513.03, 18,654
1513.07, 1513.072, 1513.073, 1513.08, 1513.09, 1513.11, 1513.13, 18,655
1513.15, 1513.16, 1513.161, 1513.17, 1513.18, 1513.181, 1513.20, 18,656
1513.21, 1513.22, 1513.23, 1513.24, 1513.25, 1513.26, 1513.27, 18,657
1513.28, 1513.29, 1513.30, 1513.31, 1513.32, 1513.33, 1513.34, 18,658
416
1513.35, 1513.36, 1513.37, 1513.39, 1513.40, 1513.41, 1514.02, 18,659
1514.021, 1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 1514.08, 18,660
1514.10, 1514.11, 1521.01, 1521.03, 1521.99, 1561.01, 1561.02, 18,661
1561.03, 1561.04, 1561.05, 1561.06, 1561.07, 1561.10, 1561.13, 18,663
1561.26, 1561.27, 1561.28, 1561.31, 1561.32, 1561.33, 1561.34, 18,665
1561.35, 1561.351, 1561.36, 1561.37, 1561.38, 1561.45, 1561.47, 18,666
1561.48, 1561.49, 1561.50, 1561.51, 1561.53, 1561.54, 1561.99, 18,667
1563.04, 1563.05, 1563.06, 1563.11, 1563.111, 1563.12, 1563.13, 18,668
1563.17, 1563.20, 1563.24, 1563.26, 1563.33, 1563.34, 1563.35, 18,669
1563.37, 1563.40, 1563.41, 1563.42, 1563.43, 1563.46, 1565.05, 18,670
1565.06, 1565.07, 1565.08, 1565.11, 1565.12, 1565.15, 1567.02, 18,671
1567.08, 1567.09, 1567.10, 1567.11, 1567.13, 1567.17, 1567.18, 18,672
1567.19, 1567.23, 1567.34, 1567.35, 1567.39, 1567.45, 1567.52, 18,673
1567.54, 1567.55, 1567.57, 1567.61, 1567.69, 1567.70, 1567.71, 18,674
1567.73, 1567.74, 1567.78, 1571.01, 1571.02, 1571.03, 1571.04, 18,675
1571.05, 1571.06, 1571.08, 1571.09, 1571.10, 1571.11, 1571.14, 18,676
1571.16, 1571.99, 5749.02, 6111.044, and 6121.04 and section 18,677
1507.99 of the Revised Code are hereby repealed. 18,678
Section 3. That Section 72 of Am. Sub. H.B. 283 of the 18,680
123rd General Assembly be amended to read as follows: 18,681
"Sec. 72. DNR DEPARTMENT OF NATURAL RESOURCES 18,683
General Revenue Fund 18,685
GRF 725-401 Wildlife - GRF 18,688
Central Support $ 1,221,229 $ 1,268,315 18,690
GRF 725-404 Fountain Square 18,692
Rental Payments - OBA $ 1,087,000 $ 1,093,000 18,694
GRF 725-408 Reclamation and 18,696
Mining $ 2,406,020 $ 2,408,999 18,698
0 18,699
GRF 725-412 Reclamation 18,701
Commission $ 66,475 $ 68,165 18,703
0 18,704
GRF 725-413 OPFC Rental Payments $ 15,660,000 $ 12,750,000 18,708
GRF 725-415 Mine Examining Board $ 121,083 $ 123,963 18,712
417
0 18,713
GRF 725-423 Stream and Ground 18,715
Water Gauging $ 422,863 $ 459,387 18,717
GRF 725-425 Wildlife License 18,719
Reimbursement $ 1,000,000 $ 1,000,000 18,721
GRF 725-456 Canal Lands $ 414,783 $ 423,203 18,725
GRF 725-502 Soil and Water 18,727
Districts $ 11,414,494 $ 12,140,831 18,729
GRF 725-507 Conservation Reserve 18,731
Enhancement Program $ 2,000,000 $ 2,000,000 18,733
1,900,400 1,920,400 18,735
GRF 727-321 Division of Forestry $ 10,203,524 $ 10,081,427 18,739
GRF 728-321 Division of 18,741
Geological Survey $ 2,164,135 $ 2,270,778 18,743
GRF 729-321 Computer Information 18,745
Services &
Communications $ 1,172,567 $ 1,214,464 18,747
GRF 730-321 Division of Parks and 18,749
Recreation $ 35,255,224 $ 34,951,655 18,751
GRF 733-321 Division of Water $ 3,944,652 $ 3,998,080 18,755
GRF 734-321 Division of Oil and 18,757
Gas $ 725,366 $ 1,614,957 18,759
0 18,760
GRF 736-321 Division of Chief 18,762
Engineer $ 4,371,204 $ 3,773,672 18,764
GRF 737-321 Division of Soil and 18,766
Water $ 4,092,866 $ 4,382,166 18,768
4,192,466 4,461,766 18,770
GRF 738-321 Office of Real Estate 18,772
and Land Management $ 3,099,898 $ 2,650,457 18,774
GRF 741-321 Division of Natural 18,776
Areas $ 3,415,305 $ 3,396,390 18,778
GRF 743-321 Division of Civilian 18,780
Conservation $ 5,100,636 $ 5,225,382 18,782
418
GRF 744-321 DIVISION OF MINERAL 18,784
RESOURCES MANAGEMENT $ 0 $ 4,216,084 18,786
TOTAL GRF General Revenue Fund $ 109,359,324 $ 107,295,291 18,789
General Services Fund Group 18,792
155 725-601 Departmental Projects $ 1,491,770 $ 1,468,051 18,797
157 725-651 Central Support 18,799
Indirect $ 7,302,432 $ 7,273,923 18,801
158 725-604 Natural Resources 18,803
Publication Center
Intrastate $ 79,170 $ 80,154 18,805
161 725-635 Parks Facilities 18,807
Maintenance $ 2,666,395 $ 2,737,935 18,809
162 725-625 CCC Operations $ 2,261,993 $ 2,156,861 18,813
204 725-687 Information Services $ 2,217,392 $ 2,145,631 18,817
206 725-689 REALM Support 18,819
Services $ 447,811 $ 473,152 18,821
207 725-690 Real Estate $ 53,924 $ 55,320 18,825
4D5 725-618 Recycled Materials $ 103,429 $ 106,272 18,829
4S9 725-622 NatureWorks Personnel $ 687,136 $ 690,700 18,833
4X8 725-662 Water Planning 18,835
Council $ 262,900 $ 269,700 18,837
430 725-671 Canal Lands $ 1,029,302 $ 998,044 18,841
5F9 725-663 Flood Reimbursement $ 99,109 $ 0 18,845
508 725-684 Natural Resources 18,847
Publication Center
Interstate $ 393,166 $ 361,877 18,849
510 725-631 Maintenance - 18,851
state-owned
residences $ 230,669 $ 220,771 18,853
516 725-620 Water Management $ 2,407,372 $ 2,404,055 18,857
519 725-623 Burr Oak Water Plant $ 1,149,523 $ 1,750,680 18,861
635 725-664 Fountain Square 18,863
Facilities Management $ 2,595,957 $ 2,699,355 18,865
697 725-670 Submerged Lands $ 547,762 $ 567,920 18,869
419
TOTAL GSF General Services 18,870
Fund Group $ 26,027,212 $ 26,460,401 18,873
Federal Special Revenue Fund Group 18,876
3B3 725-640 Federal Forest 18,879
Pass-Thru $ 55,000 $ 55,000 18,881
3B4 725-641 Federal Flood 18,883
Pass-Thru $ 185,000 $ 190,000 18,885
3B5 725-645 Federal Abandoned 18,887
Mine Lands $ 7,418,833 $ 7,630,403 18,889
3B6 725-653 Federal Land and 18,891
Water Conservation $ 130,000 $ 120,000 18,893
3B7 725-654 Reclamation-Regulatory$ 2,214,846 $ 2,265,932 18,897
3P0 725-630 Natural Areas and 18,899
Preserves-Federal $ 262,400 $ 185,000 18,901
3P1 725-632 Geological 18,903
Survey-Federal $ 350,000 $ 350,000 18,905
3P2 725-642 Oil and Gas-Federal $ 223,700 $ 111,850 18,909
3P3 725-650 Real Estate and Land 18,911
Management-Federal $ 2,857,755 $ 3,185,120 18,913
3P4 725-660 Water-Federal $ 180,000 $ 180,000 18,917
3R5 725-673 Acid Mine Drainage 18,919
Abatement/Treatment $ 600,000 $ 600,000 18,921
328 725-603 Forestry Federal $ 1,017,600 $ 1,017,600 18,925
332 725-669 Federal Mine Safety 18,927
Grant $ 133,095 $ 137,056 18,929
TOTAL FED Federal Special Revenue 18,930
Fund Group $ 15,628,229 $ 16,027,961 18,933
State Special Revenue Fund Group 18,936
4B8 725-617 Forestry Development $ 25,000 $ 25,000 18,941
4J2 725-628 Injection Well Review $ 68,428 $ 54,440 18,945
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 18,949
4U6 725-668 Scenic Rivers 18,951
Protection $ 261,307 $ 268,431 18,953
5B3 725-674 Mining Regulation $ 49,757 $ 49,805 18,957
420
509 725-602 State Forest $ 1,520,379 $ 1,440,326 18,961
511 725-646 Ohio Geologic Mapping $ 839,340 $ 763,717 18,965
512 725-605 State Parks 18,967
Operations $ 27,150,223 $ 27,048,732 18,969
514 725-606 Lake Erie Shoreline $ 828,311 $ 729,492 18,973
518 725-643 Oil and Gas Permit 18,975
Fees $ 3,118,829 $ 2,378,496 18,977
518 725-677 Oil and Gas Well 18,979
Plugging $ 800,000 $ 800,000 18,981
521 725-627 Off-Road Vehicle 18,983
Trails $ 62,036 $ 63,790 18,985
522 725-656 Natural Areas 18,987
Checkoff Funds $ 745,301 $ 766,169 18,989
525 725-608 Reclamation 18,991
Forfeiture $ 597,082 $ 597,664 18,993
0 18,994
526 725-610 Strip Mining 18,996
Administration Fees $ 1,956,599 $ 2,006,000 18,998
2,356,000 18,999
527 725-637 Surface Mining 19,001
Administration $ 1,964,078 $ 2,016,050 19,003
2,107,001 19,004
529 725-639 Unreclaimed Land Fund $ 1,335,879 $ 1,349,327 19,008
530 725-647 Surface Mining 19,010
Reclamation $ 76,725 $ 78,951 19,012
0 19,013
531 725-648 Reclamation 19,015
Supplemental
Forfeiture $ 1,352,208 $ 1,389,401 19,017
1,987,065 19,018
532 725-644 Litter Control and 19,020
Recycling $ 10,965,210 $ 11,264,587 19,022
615 725-661 Dam Safety $ 136,633 $ 139,237 19,026
TOTAL SSR State Special Revenue 19,027
421
Fund Group $ 53,953,325 $ 53,329,615 19,030
53,691,615 19,031
Wildlife Fund Group 19,034
015 725-509 Fish/Wildlife Subsidy $ 154,199 $ 158,517 19,039
015 740-321 Division of Wildlife 19,041
Conservation $ 40,345,888 $ 41,400,117 19,043
81A 725-612 Wildlife Education $ 1,496,360 $ 1,537,063 19,047
815 725-636 Cooperative 19,049
Management Projects $ 148,850 $ 153,166 19,051
816 725-649 Wetlands Habitat $ 897,663 $ 922,997 19,055
817 725-655 Wildlife Conservation 19,057
Checkoff Fund $ 1,301,143 $ 1,327,577 19,059
818 725-629 Cooperative Fisheries 19,061
Research $ 918,004 $ 943,708 19,063
819 725-685 Ohio River Management $ 119,302 $ 122,748 19,067
TOTAL WLF Wildlife Fund Group $ 45,381,409 $ 46,565,893 19,070
Waterways Safety Fund Group 19,073
086 725-414 Waterways Improvement $ 3,091,402 $ 3,091,035 19,078
086 725-416 Natural Areas Marine 19,080
Patrol $ 25,000 $ 25,000 19,082
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 19,086
086 725-418 Buoy Placement $ 39,298 $ 40,267 19,090
086 725-501 Waterway Safety 19,092
Grants $ 128,024 $ 131,609 19,094
086 725-506 Watercraft Marine 19,096
Patrol $ 359,800 $ 369,875 19,098
086 725-513 Watercraft 19,100
Educational Grants $ 128,500 $ 132,098 19,102
086 739-321 Division of 19,104
Watercraft $ 14,865,111 $ 15,142,223 19,106
880 725-614 Cooperative Boat 19,108
Harbor Projects $ 108,637 $ 111,679 19,110
TOTAL WSF Waterways Safety Fund 19,111
Group $ 18,770,772 $ 19,068,786 19,114
422
Holding Account Redistribution Fund Group 19,117
R17 725-659 Performance Cash Bond 19,120
Refunds $ 265,000 $ 265,500 19,122
R29 725-607 Reclamation Fee 19,124
Refund $ 350,000 $ 350,000 19,126
0 19,127
R30 725-638 Surface Mining 19,129
Reclamation Fees $ 12,000 $ 12,000 19,131
0 19,132
R43 725-624 Forestry $ 1,750,000 $ 1,750,000 19,136
TOTAL 090 Holding Account 19,137
Redistribution Fund Group $ 2,377,000 $ 2,377,500 19,140
2,015,500 19,141
Accrued Leave Liability Fund Group 19,144
4M8 725-675 FOP Contract $ 17,551 $ 17,990 19,149
TOTAL ALF Accrued Leave 19,150
Liability Fund Group $ 17,551 $ 17,990 19,153
TOTAL ALL BUDGET FUND GROUPS $ 271,514,822 $ 271,143,437" 19,156
Section 4. That existing Section 72 of Am. Sub. H.B. 283 19,159
of the 123rd General Assembly is hereby repealed. 19,160
Section 5. Division of Mineral Resources Management Fund 19,162
Consolidations 19,163
On July 1, 2000, or as soon thereafter as possible, the 19,165
Director of Budget and Management shall transfer to appropriation 19,166
item 744-321, division of Mineral Resources Management, any 19,167
amounts that accrue as of June 30, 2000, from appropriation items 19,168
725-408, Reclamation and Mining, and 734-321, Division of Oil and 19,170
Gas. The Director of Budget and Management shall cancel any
remaining outstanding encumbrances against appropriation items 19,171
725-408 and 734-321, and reestablish them against appropriation 19,172
item 744-321, Division of Mineral Resources Management. 19,173
On July 1, 2000, or as soon thereafter as possible, the 19,175
Director of Budget and Management shall transfer the cash 19,176
balances of the Reclamation Forfeiture Fund (Fund 525) and the 19,177
423
Reclamation Supplemental Forfeiture Fund (Fund 531) as of June 19,178
30, 2000, and any amounts that accrue to those funds after that
date, to the Reclamation Forfeiture Fund (Fund 531). The 19,179
Director shall cancel any remaining outstanding encumbrances 19,180
against appropriation items 725-608, Reclamation Forfeiture, and 19,181
725-648, Reclamation Supplemental Forfeiture, and reestablish 19,182
them against appropriation number 725-648, Reclamation
Forfeiture.
On July 1, 2000, or as soon thereafter as possible, the 19,184
Director of Budget and Management shall transfer the cash 19,185
balances of the Surface Mining Reclamation Fund (Fund 530) and 19,186
the Surface Mining Administration Fund (Fund 527) as of June 30, 19,187
2000, and any amounts that accrue to those funds after that date,
to the Surface Mining Fund (Fund 527). The Director shall cancel 19,188
any remaining outstanding encumbrances against appropriation 19,189
items 725-647, Surface Mining Reclamation, and 725-637, Surface 19,190
Mining Administration, and reestablish them against appropriation 19,191
item 725-637, Surface Mining.
On July 1, 2000, or as soon thereafter as possible, the 19,193
Director of Budget and Management shall transfer the cash 19,194
balances of the Reclamation Fee Refund Fund (Fund R29) to the 19,195
Coal Mining Administration and Reclamation Reserve Fund (Fund 19,196
526).
On July 1, 2000, or as soon thereafter as possible, the 19,198
Director of Budget and Management shall transfer the cash 19,199
balances of the Surface Mining Reclamation Fund (Fund R30) to the 19,200
Surface Mining Fund (Fund 527).
Section 6. On the effective date of this section, all of 19,203
the staff, records, files, and effects of the Division of 19,204
Engineering in the Department of Natural Resources pertaining to 19,205
the functions, powers, duties, and obligations of that Division 19,206
under former sections 1507.02, 1507.03, 1507.04, 1507.05, 19,207
1507.06, 1507.07, 1507.071, 1507.08, 1507.09, 1507.10, 1507.11, 19,208
and 1507.99 of the Revised Code shall be transferred and assigned 19,209
424
to the Division of Water in the Department of Natural Resources
for the purposes of sections 1521.20 to 1521.30 and 1521.99 of 19,210
the Revised Code, as amended by this act. The Division of Water 19,211
also shall assume custody and control of funds and other assets 19,212
in the possession of the Division of Engineering that are 19,213
appropriate and necessary to carry out the transferred functions, 19,214
powers, duties, and obligations.
Any business or other matter undertaken or commenced by the 19,216
Division of Engineering pertaining to or connected with the 19,217
functions, powers, duties, and obligations hereby transferred or 19,218
assigned and pending on the effective date of this act shall be 19,219
conducted and completed by the Division of Water in the same 19,220
manner and under the same terms and conditions and with the same 19,221
effect as if conducted by the Division of Engineering. 19,222
All powers of the Chief Engineer of the Division of 19,224
Engineering transferred by this act shall be performed by the 19,225
Chief of the Division of Water. 19,226
All criteria, acts, determinations, certifications, and 19,228
decisions of the Division of Engineering pertaining to the 19,229
functions transferred and assigned to the Division of Water at 19,230
the time of the transfer and assignment shall continue in force 19,231
as criteria, acts, determinations, certifications, and decisions 19,232
of the Division of Water until duly modified or terminated by 19,233
that Division. 19,234
Wherever the functions, powers, duties, and obligations of 19,236
the Division of Engineering that are transferred and assigned by 19,237
this act to the Division of Water are referred to or designated 19,238
in any law, contract, or other document pertaining to those 19,239
functions, powers, duties, and obligations, the reference or 19,240
designation shall be deemed to refer to the Division of Water. 19,241
No existing right or remedy of any person shall be lost, 19,243
impaired, or affected by reason of this act, except insofar as 19,244
the rights and remedies shall be administered by the Division of 19,245
Water instead of the Division of Engineering. 19,246
425
No action or proceeding pending on the effective date of 19,248
this act brought by the Division of Engineering pertaining to the 19,249
functions, powers, duties, and obligations that are transferred 19,250
by this act shall be affected by any provision of this act, but 19,251
may be prosecuted or defended in the name of the Division of 19,252
Water. In all such actions and proceedings, the Division of 19,253
Water, upon application to the court, shall be substituted as a 19,254
party.
Section 7. Section 127.16 of the Revised Code is amended 19,256
by this act and also by Am. Sub. H.B. 470 of the 123rd General 19,257
Assembly (effective July 1, 2000). The amendments of Am. Sub. 19,258
H.B. 470 are included in this act in lower case to confirm the 19,259
intention to retain them, but are not intended to be effective 19,260
until July 1, 2000. 19,261
Section 8. Section 121.04 of the Revised Code is presented 19,263
in this act as a composite of the section as amended by both Am. 19,264
Sub. H.B. 215 and Am. Sub. S.B. 87 of the 122nd General Assembly, 19,265
with the new language of neither of the acts shown in capital 19,266
letters. Section 1501.01 of the Revised Code is presented in 19,267
this act as a composite of the section as amended by both Sub. 19,269
H.B. 19 and Am. Sub. H.B. 283 of the 123rd General Assembly, with 19,270
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 19,271
composite of the section as amended by both Am. Sub. S.B. 2 and 19,272
Am. Sub. S.B. 162 of the 121st General Assembly, with the new 19,273
language of neither of the acts shown in capital letters. Section 19,274
1561.26 of the Revised Code is presented in this act as a 19,275
composite of the section as amended by both Am. Sub. S.B. 162 and 19,276
Am. Sub. S.B. 150 of the 121st General Assembly, with the new 19,277
language of neither of the acts shown in capital letters. 19,278
Section 6121.04 of the Revised Code is presented in this act as a 19,280
composite of the section as amended by both Sub H.B. 19 and Am 19,281
S.B. 43 of the 123rd General Assembly, with the new language of 19,282
neither of the acts shown in capital letters. This is in 19,284
426
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be 19,285
harmonized where not substantively irreconcilable and constitutes 19,286
a legislative finding that such are the resulting versions in 19,287
effect prior to the effective date of this act. 19,288
Section 9. This act is hereby declared to be an emergency 19,290
measure necessary for the immediate preservation of the public 19,291
peace, health, and safety. The reason for such necessity is that 19,292
the merger of the Division of Oil and Gas with the Division of 19,293
Mines and Reclamation is needed during the current fiscal year in 19,294
order to facilitate efficiency in the operation of the Department 19,295
of Natural Resources. Therefore, this act shall go into 19,296
immediate effect. 19,297