REPRESENTATIVES Aslanides, Collier, Niehaus, Peterson, Grendell, Seitz, Schmidt, Barnes, Kearns, Olman, Fessler, Hagan, Flowers, Womer Benjamin, Young, Callender

To amend sections 1514.01, 1514.02, 1514.021, 1514.03

1

to 1514.11, 1514.99, and 1561.12 and to enact

2

sections 1514.022, 1514.023, 1514.024, 1514.071,

3

1514.072, 1514.12, and 1514.13 of the Revised Code

4

to revise the statutes governing the surface and

5

in-stream mining of minerals other than coal.

6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 1514.01, 1514.02, 1514.021,	7
1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 1514.08, 1514.09,	8
1514.10, 1514.11, 1514.99, and 1561.12 be amended and sections	9
1514.022, 1514.023, 1514.024, 1514.071, 1514.072, 1514.12, and	10
1514.13 of the Revised Code be enacted to read as follows:	11

Sec. 1514.01. (A)As used in this chapter:

12

(A) "Surface mining" means all or any part of a process	13
followed in the production of minerals from the earth or from the	14
surface of the land by surface excavation methods, such as open	15
pit mining, dredging, placering, or quarrying, and includes the	16
removal of overburden for the purpose of determining the location,	17
quantity, or quality of mineral deposits, and the incidental	18
removal of coal at a rate less than one-sixth the total weight of	19
minerals and coal removed during the year, but does not include:	20
test or exploration boring; mining operations carried out beneath	21
the surface by means of shafts, tunnels, or similar mine openings;	22
the extraction of minerals, other than coal, by a landowner for	23
histhe landowner's own noncommercial use where such material is	24
extracted and used in an unprocessed form on the same tract of	25
land; the extraction of minerals, other than coal, from borrow	26
pits for highway construction purposes, provided that the	27
extraction is performed under a bond, a contract, and	28
specifications that substantially provide for and require	29
reclamation practices consistent with the requirements of this	30
chapter; the removal of minerals incidental to construction work,	31
provided that the owner or person having control of the land upon	32
which the construction occurs, the contractor, or the construction	33
firm possesses a valid building permit; or the removal of minerals	34
to a depth of not more than five feet, measured from the highest	35
original surface elevation of the area to be excavated, where not	36
more than one acre of land is excavated during twelve successive	37
calendar months; routine dredging of a watercourse for purely	38
navigational or flood control purposes during which materials are	39
removed for noncommercial purposes; or the extraction or movement	40
of soil or minerals within a solid waste facility, as defined in	41
section 3734.01 of the Revised Code, that is a sanitary landfill	42
when the soil or minerals are used exclusively for the	43
construction, operation, closure, and post-closure care of the	44
facility or for maintenance activities at the facility.	45

(B) "Minerals" means sand, gravel, clay, shale, gypsum,	46
halite, limestone, dolomite, sandstone, other stone, metalliferous	47
or nonmetalliferous ore, or other material or substance of	48
commercial value excavated in a solid state from natural deposits	49
on or in the earth, but does not include coal or peat.	50

(C) "Overburden" means all of the earth and other materials	51
that cover a natural deposit of minerals and also means such earth	52
and other materials after removal from their natural state in the	53
process of surface mining.	54

(D) "Spoil bank" means a pile of removed overburden.

55

(E) "Area of land affected" means the area of land that has	56
been excavated, or upon which a spoil bank exists, or both.	57

(F)(1) "Operation" or "surface mining operation" means all	58
of the premises, facilities, and equipment used in the process of	59
removing minerals, or minerals and incidental coal, by surface	60
mining from a mining area in the creation of which mining area	61
overburden or minerals, or minerals and incidental coal, are	62
disturbed or removed, such surface mining area being located upon	63
a single tract of land or upon two or more contiguous tracts of	64
land. Separation by a stream or roadway shall not preclude the	65
tracts from being considered contiguous.	66

(2) When the context indicates, "operation" or "in-stream	67
mining operation" means all of the premises, facilities, and	68
equipment used in the process of removing minerals by in-stream	69
mining from a mining area.	70

(G) "Operator" means any person engaged in surface mining	71
who removes minerals, or minerals and incidental coal, from the	72
earth by surface mining or who removes overburden for the purpose	73
of determining the location, quality, or quantity of a mineral	74
deposit. "Operator" also means any person engaged in in-stream	75
mining who removes minerals from the bottom of the channel of a	76
watercourse by in-stream mining.	77

(H) "Performance bond" means the surety bond required to be	78
filed under section 1514.04 of the Revised Code and includes cash,	79
an irrevocable letter of credit, and negotiable certificates of	80
deposit authorized to be deposited in lieu of the surety bond	81
under that section.	82

(I)"Dewatering" means the withdrawal of ground water from an	83
aquifer or saturated zone that may result in the lowering of the	84
water level within the aquifer or saturated zone or a decline of	85
the potentiometric surface within that aquifer or saturated zone.	86

(J) "Ground water" means all water occurring in an aquifer.

87

(K) "Cone of depression" means a depression or low point in	88
the water table or potentiometric surface of a body of ground	89
water that develops around a location from which ground water is	90
being withdrawn.	91

(L) "High water mark" means the line on the shore that is	92
established by the fluctuations of water and indicated by physical	93
characteristics such as a natural line impressed on the bank;	94
shelving; changes in the character of soil; destruction of	95
terrestrial vegetation; the presence of litter and debris; or	96
other appropriate means that consider the characteristics of the	97
surrounding area.	98

(M) "In-stream mining" means all or any part of a process	99
followed in the production of minerals from the bottom of the	100
channel of a watercourse that drains a surface area of more than	101
one hundred square miles. "In-stream mining" may be accomplished	102
by using any technique or by using surface excavation methods,	103
such as open pit mining, dredging, placering, or quarrying, and	104
includes the removal of overburden for the purpose of determining	105
the location, quantity, or quality of mineral deposits. "In-stream	106
mining" does not include either of the following:	107

(1) Routine dredging for purely navigational or flood	108
control purposes during which materials are removed for	109
noncommercial purposes;	110

(2) The extraction of minerals, other than coal, by a	111
landowner for the landowner's own noncommercial use when the	112
material is extracted and used in an unprocessed form on the same	113
tract of land.	114

For purposes of division (M) of this section, the number of	115
square miles of surface area that a watercourse drains shall be	116
determined by consulting the "gazetteer of Ohio streams," which is	117
a portion of the Ohio water plan inventory published in 1960 by	118
the division of water in the department of natural resources, or	119
its successor, if any.	120

(N) In provisions concerning in-stream mining, when the	121
context is appropriate, "land" is deemed to include an area of a	122
watercourse.	123

(O) "Watercourse" means any naturally occurring perennial or	124
intermittent stream, river, or creek flowing within a defined	125
stream bed and banks.	126

Sec. 1514.02.  (A) After the dates the chief of the division	127
of mineral resources management prescribes by rule pursuant to	128
section 1514.08 of the Revised Code, but not later than July 1,	129
1977, nor earlier than July 1, 1975, no operator shall engage in	130
surface mining or conduct a surface mining operation without a	131
surface mining permit issued by the chief.	132

No person shall engage in in-stream mining or conduct an	133
in-stream mining operation without an in-stream mining permit	134
issued by the chief. However, a person who, on the effective date	135
of this amendment, holds a valid permit to conduct in-stream	136
mining that is issued under section 10 of the "Rivers and Harbors	137
Appropriation Act of 1899," 30 Stat. 1151, 33 U.S.C. 403, as	138
amended, shall not be required to obtain an in-stream mining	139
permit from the chief under this section until the existing permit	140
expires.	141

An application for a surface or in-stream mining permit shall	142
be upon the form that the chief prescribes and provides and shall	143
contain all of the following:	144

(1) The name and address of the applicant, of all partners	145
if the applicant is a partnership, or of all officers and	146
directors if the applicant is a corporation, and any other person	147
who has a right to control or in fact controls the management of	148
the applicant or the selection of officers, directors, or managers	149
of the applicant;	150

(2) A list of the minerals and coal, if any coal, sought to	151
be extracted, an estimate of the annual production rates for each	152
mineral and coal, and a description of the land upon which the	153
applicant proposes to engage in a surface or in-stream mining	154
operation, which description shall set forth the namenames of the	155
counties, townships, and municipal corporations, if any, in which	156
the land is located; the location of its boundaries; and a	157
description of the land of sufficient certainty that it may be	158
located and distinguished from other lands;	159

(3) The name of each county, township, or municipal	160
corporation, if any, that has in effect a zoning resolution or	161
ordinance that would affect the proposed surface or in-stream	162
mining operation or, if no such zoning resolution or ordinance is	163
in effect, a statement attesting to that fact. The application	164
also shall contain an explanation of how the applicant intends to	165
comply with any applicable provisions of a zoning resolution or	166
ordinance.	167

(4) An estimate of the number of acres of land that will	168
comprise the total area of land to be affected and an estimate of	169
the number of acres of land to be affected during the first year	170
of operation under the permit;	171

(4)(5) The name and address of the owner of surface rights	172
in the land upon which the applicant proposes to engage in surface	173
or in-stream mining;	174

(5)(6) A copy of the deed, lease, or other instrument that	175
authorizes entry upon the land by the applicant or the applicant's	176
agents if surface rights in the land are not owned by the	177
applicant;	178

(6)(7) A statement of whether any surface or in-stream	179
mining permits or coal mining and reclamation permits are now held	180
by the applicant in this state and, if so, the numbers of the	181
permits;	182

(7)(8) A statement of whether the applicant, any partner if	183
the applicant is a partnership, any officer or director if the	184
applicant is a corporation, or any other person who has a right to	185
control or in fact controls the management of the applicant or the	186
selection of officers, directors, or managers of the applicant has	187
ever had a surface or in-stream mining permit or coal mining and	188
reclamation permit issued by this or any other state suspended or	189
revoked or has ever forfeited a surface or in-stream mining or	190
coal mining and reclamation bond or cash, an irrevocable letter of	191
credit, or a security deposited in lieu of a bond;	192

(8)(9) A report of the results of test borings that the	193
operator has conducted on the area or otherwise has readily	194
available, including, to the extent that the information is	195
readily available to the operator, the nature and depth of	196
overburden and material underlying each mineral or coal deposit,	197
and the thickness and extent of each mineral or coal deposit. In	198
the case of an application for an in-stream mining permit, the	199
report additionally shall include sufficient information to show	200
the approximate depth to bedrock. All information relating to	201
test boring results submitted to the chief pursuant to this	202
section shall be kept confidential and not made a matter of public	203
record, except that the information may be disclosed by the chief	204
in any legal action in which the truthfulness of the information	205
is material.	206

(9)(10) A complete plan for surface or in-stream mining and	207
reclamation of the area to be affected, which shall include a	208
statement of the intended future uses of the area and show the	209
approximate sequence in which mining and reclamation measures are	210
to occur, the approximate intervals following mining during which	211
the reclamation of all various parts of the area affected will be	212
completed, and the measures the operator will perform to prevent	213
damage to adjoining property and to achieve all of the following	214
general performance standards for mining and reclamation:	215

(a) Prepare the site adequately for its intended future uses	216
upon completion of mining;	217

(b) Where a plan of zoning or other comprehensive plan has	218
been adopted that governs land uses or the construction of public	219
improvements and utilities for an area that includes the area	220
sought to be mined, ensure that future land uses within the site	221
will not conflict with the plan;. On and after the effective date	222
of this amendment, division (A)(10)(b) of this section does not	223
apply to any surface or in-stream mining permit or applications	224
for a surface or in-stream mining permit, any renewal of an	225
existing surface or in-stream mining permit or application for a	226
renewal of an existing surface or in-stream mining permit, any	227
amendment or application for an amendment to an existing surface	228
or in-stream mining permit, or any modification or application for	229
a modification of a mining and reclamation plan of an existing	230
surface or in-stream mining permit unless the application for such	231
a permit, renewal, amendment, or modification is a resubmission,	232
revision, or reconsideration of an application that was pending	233
before the chief or was first approved prior to the effective date	234
of this amendment.	235

(c) Grade, contour, or terrace final slopes, wherever	236
needed, sufficient to achieve soil stability and control	237
landslides, erosion, and sedimentation. Highwalls will be	238
permitted if they are compatible with the future uses specified in	239
the plan and measures will be taken to ensure public safety.	240
Where ponds, impoundments, or other resulting bodies of water are	241
intended for recreational use, establish banks and slopes that	242
will ensure safe access to those bodies of water. Where such	243
bodies of water are not intended for recreation, include measures	244
to ensure public safety, but access need not be provided.	245

(d) Resoil the area of land affected, wherever needed, with	246
topsoil or suitable subsoil, fertilizer, lime, or soil amendments,	247
as appropriate, in sufficient quantity and depth to raise and	248
maintain a diverse growth of vegetation adequate to bind the soil	249
and control soil erosion and sedimentation;	250

(e) Establish a diverse vegetative cover of grass and	251
legumes or trees, grasses, and legumes capable of	252
self-regeneration and plant succession wherever required by the	253
plan;	254

(f) Remove or bury any metal, lumber, equipment, or other	255
refuse resulting from mining, and remove or bury any unwanted or	256
useless structures;	257

(g) Reestablish boundary, section corner, government, and	258
other survey monuments that were removed by the operator;	259

(h) During mining and reclamation, ensure that	260
contamination, resulting from mining, of underground water	261
supplies is prevented. Upon completion of reclamation, ensure	262
that any watercourse, lake, or pond located within the site	263
boundaries is free of substances resulting from mining in amounts	264
or concentrations that are harmful to persons, fish, waterfowl, or	265
other beneficial species of aquatic life.	266

(i) During mining and reclamation, control drainage so as to	267
prevent the causing of flooding, landslides, and flood hazards to	268
adjoining lands resulting from the mining operation. Leave any	269
ponds in such condition as to avoid their constituting a hazard to	270
adjoining lands.	271

(j)During mining and reclamation, ensure that the effect of	272
any reduction of the quantity of ground water is minimized;	273

(j)(k) Ensure that mining and reclamation are carried out in	274
the sequence and manner set forth in the plan and that reclamation	275
measures are performed in a timely manner. All reclamation of an	276
area of land affected shall be completed no later than three years	277
following the mining of the area unless the operator makes a	278
showing satisfactory to the chief that the future use of the area	279
requires a longer period for completing reclamation.	280

(k)(l) During mining, store topsoil or fill in quantities	281
sufficient to complete the backfilling, grading, contouring,	282
terracing, and resoiling that isare specified in the plan.	283
Stabilize the slopes of and plant each spoil bank to control soil	284
erosion and sedimentation wherever substantial damage to adjoining	285
property might occur.	286

(l)(m) During mining, promptly remove, store, or cover any	287
coal, pyritic shale, or other acid producing materials in a manner	288
that will minimize acid drainage and the accumulation of acid	289
water;	290

(m)(n) During mining, detonate explosives in a manner that	291
will prevent damage to adjoining property;	292

(o) In the case of in-stream mining, do all of the	293
following:	294

(i) Limit access to the channel of a watercourse to a single	295
point of entry on one bank of the watercourse;	296

(ii) Maintain riparian vegetation to the fullest extent	297
possible;	298

(iii) Upon cessation of in-stream mining, stabilize and	299
reclaim to the pre-mined condition the banks of a watercourse	300
affected by in-stream mining.	301

(10)(11) For any applicant, except an applicant for an	302
in-stream mining permit, who intends to extract less than ten	303
thousand tons of minerals per year and no incidental coal, a	304
current tax map, in triplicate and notarized, and the appropriate	305
United States geological survey seven and one-half minute	306
topographic map. Each copy shall bear the applicant's name and	307
shall identify the area of land to be affected corresponding to	308
the application.	309

(11)(12) For any applicant for a surface mining permit who	310
intends to extract ten thousand tons of minerals or more per year	311
or who intends to extract any incidental coal irrespective of the	312
tonnage of minerals intended to be mined, a map, in triplicate, on	313
a scale of not more than four hundred feet to the inch, or three	314
copies of an enlarged United States geological survey topographic	315
map on a scale of not more than four hundred feet to the inch.	316
Each application for an in-stream mining permit shall include such	317
a map regardless of the tons of minerals that the applicant	318
intends to extract.	319

The map shall comply with all of the following:

320

(a) Be prepared and certified by a professional engineer or	321
surveyor registered under Chapter 4733. of the Revised Code;	322

(b) Identify the area of land to be affected corresponding	323
to the application;	324

(c) Show the probable limits of subjacent and adjacent deep,	325
strip, or surface, or in-stream mining operations, whether active,	326
inactive, or mined out;	327

(d) Show the boundaries of the area of land to be affected	328
during the period of the permit and the area of land estimated to	329
be affected during the first year of operation, and name the	330
surface and mineral owners of record of the area and the owners of	331
record of adjoining surface properties;	332

(e) Show the names and locations of all streams, creeks, or	333
other bodies of water, roads, railroads, utility lines, buildings,	334
cemeteries, and oil and gas wells on the area of land to be	335
affected and within five hundred feet of the perimeter of the	336
area;	337

(f) Show the counties, municipal corporations, townships,	338
and sections in which the area of land to be affected is located;	339

(g) Show the drainage plan on, above, below, and away from	340
the area of land to be affected, indicating the directional flow	341
of water, constructed drainways, natural waterways used for	342
drainage, and the streams or tributaries receiving or to receive	343
this discharge;	344

(h) Show the location of available test boring holes that	345
the operator has conducted on the area of land to be affected or	346
otherwise has readily available;	347

(i) Show the date on which the map was prepared, the north	348
direction and the quadrangle sketch, and the exact location of the	349
operation;	350

(j) Show the type, kind, location, and references of all	351
existing boundary, section corner, government, and other survey	352
monuments within the area to be affected and within five hundred	353
feet of the perimeter of the area.	354

The certification of the maps shall read: "I, the	355
undersigned, hereby certify that this map is correct, and shows to	356
the best of my knowledge and belief all of the information	357
required by the surface or in-stream mining laws, as applicable,	358
of the state." The certification shall be signed and attested	359
before a notary public. The chief may reject any map as incomplete	360
if its accuracy is not so certified and attested.	361

(12)(13) A certificate of public liability insurance issued	362
by an insurance company authorized to do business in this state or	363
obtained pursuant to sections 3905.30 to 3905.35 of the Revised	364
Code covering all surface or in-stream mining operations of the	365
applicant in this state and affording bodily injury and property	366
damage protection in amounts not less than the following:	367

(a) One hundred thousand dollars for all damages because of	368
bodily injury sustained by one person as the result of any one	369
occurrence, and three hundred thousand dollars for all damages	370
because of bodily injury sustained by two or more persons as the	371
result of any one occurrence;	372

(b) One hundred thousand dollars for all claims arising out	373
of damage to property as the result of any one occurrence, with an	374
aggregate limit of three hundred thousand dollars for all property	375
damage to which the policy applies.	376

(14) A sworn statement by the applicant that, during the	377
term of any permit issued under this chapter or of any renewal of	378
such a permit, the applicant will comply with all applicable	379
zoning resolutions or ordinances that are in effect at the time	380
the application is filed unless the resolutions or ordinances	381
subsequently become invalid during the term of the permit or	382
renewal;	383

(15)A copy of the advertisement that the applicant is	384
required to have published in accordance with section 1514.022 of	385
the Revised Code, if applicable;	386

(16)For any applicant whose operation may result in	387
dewatering, a compilation of data in a form that is prescribed by	388
the chief and that is suitable to conduct ground water modeling in	389
order to establish a projected cone of depression for purposes of	390
section 1514.13 of the Revised Code. The chief shall adopt rules	391
as provided in section 1514.08 of the Revised Code establishing	392
the minimum requirements and standards governing the data required	393
under this division.	394

(17) A statement by the applicant certifying that the	395
applicant has communicated with the county engineer of the county	396
in which the proposed surface or in-stream mining operation will	397
be located regarding any streets and roads under the county	398
engineer's jurisdiction that will be used by vehicles entering and	399
leaving the proposed surface or in-stream mining operation;	400

(18) In the case of an application for an in-stream mining	401
permit, a hydraulic evaluation of the watercourse prepared by a	402
professional engineer registered under Chapter 4733. of the	403
Revised Code. The hydraulic evaluation shall include, without	404
limitation, all of the following:	405

(a) Soundings that depict the cross-sectional views of the	406
channel bottom of the watercourse and water elevations for the	407
watercourse;	408

(b) A profile of the channel bottom;

409

(c) An analysis of design flows and water surface profiles	410
for the watercourse prior to in-stream mining and the proposed	411
final mining condition;	412

(d) An analysis of the expected changes in the roughness	413
coefficient, resistance to water flow velocity, and hydraulic	414
gradient in the channel bottom due to the proposed mining;	415

(e) Any additional information that the chief requires in	416
order to evaluate the potential impact of in-stream mining on the	417
watercourse and to determine if any additional performance	418
standards are required to protect the environment and property	419
outside the limits of the operation as established in the permit.	420

(B) No permit application or amendment shall be approved by	421
the chief if the chief finds that the reclamation described in the	422
application will not be performed in full compliance with this	423
chapter or that there is not reasonable cause to believe that	424
reclamation as required by this chapter will be accomplished.	425

The chief shall issue an order denying an application for an	426
operating permit or an amendment if the chief determines that the	427
measures set forth in the plan are likely to be inadequate to	428
prevent damage to adjoining property or to achieve one or more of	429
the performance standards required in division (A)(9)(10) of this	430
section.	431

No permit application or amendment shall be approved if the	432
approval would result in a violation of division (E), (F), or (G)	433
of section 1514.10 of the Revised Code.	434

No permit application or amendment shall be approved to	435
surface mine land adjacent to a public road in violation of	436
section 1563.11 of the Revised Code.	437

To ensure adequate lateral support, no permit application or	438
amendment shall be approved to engage in surface or in-stream	439
mining on land that is closer than fifty feet of horizontal	440
distance to any adjacent land or waters in which the operator	441
making application does not own the surface or mineral rights	442
unless the owners of the surface and mineral rights in and under	443
the adjacent land or waters consent in writing to surface or	444
in-stream mining closer than fifty feet of horizontal distance.	445
The consent, or a certified copy thereof, shall be attached to the	446
application as a part of the permanent record of the application	447
for a surface or in-stream mining permit.	448

The chief shall issue an order granting a permit upon the	449
chief's approval of an application, as required by this section,	450
filing of the performance bond required by section 1514.04 of the	451
Revised Code, and payment of a permit fee in the amount of two	452
hundred fifty dollars and an acreage fee in the amount of thirty	453
seventy-five dollars multiplied by the number of acres estimated	454
in the application that will comprise the area of land to be	455
affected within the first year of operation under the permit, but	456
which acreage fee shall not exceed one thousand dollars per year	457
and payment of a permit fee. The amount of the permit fee for a	458
surface mining permit shall be five hundred dollars, and the	459
amount of the permit fee for an in-stream mining permit shall be	460
two hundred fifty dollars.	461

The chief may issue an order denying a permit if the chief	462
finds that the applicant, any partner if the applicant is a	463
partnership, any officer or director if the applicant is a	464
corporation, or any other person who has a right to control or in	465
fact controls the management of the applicant or the selection of	466
officers, directors, or managers of the applicant has	467
substantially or materially failed to comply or continues to fail	468
to comply with this chapter, which failure may consist of one or	469
more violations thereof, a rule adopted thereunder, or an order of	470
the chief or failure to perform reclamation as required by this	471
chapter. The chief may deny or revoke the permit of any person	472
who so violates or fails to comply or who purposely misrepresents	473
or omits any material fact in the application for the permit or an	474
amendment to a permit.	475

If the chief denies the permit, the chief shall state the	476
reasons for denial in the order denying the permit.	477

Each permit shall be issued upon condition that the operator	478
will comply with this chapter and perform the measures set forth	479
in the operator's plan of mining and reclamation in a timely	480
manner and upon the right of the. The chief, mineral resources	481
inspectors, or other authorized representatives of the chief to	482
may enter upon the premises of the operator at reasonable times	483
for the purposes of determining whether or not there is compliance	484
with this chapter.	485

(C) If the chief approves thean application for a surface	486
mining permit, the order granting the permit shall authorize the	487
person to whom the permit is issued to engage as the operator of a	488
surface mining operation upon the land described in the permit	489
during a period that shall expire tenfifteen years after the date	490
of issuance of the permit, or upon the date when the chief, after	491
inspection, orders the release of any remaining performance bond	492
deposited to assure satisfactory performance of the reclamation	493
measures required pursuant to this chapter, whichever occurs	494
earlier.	495

If the chief approves an application for an in-stream mining	496
permit, the order granting the permit shall authorize the person	497
to whom the permit is issued to engage as the operator of an	498
in-stream mining operation on the land described in the permit	499
during a period that shall expire two years after the date of	500
issuance of the permit, or on the date when the chief, after	501
inspection, orders the release of any remaining bond, cash,	502
irrevocable letters of credit, or certificates of deposit that	503
were deposited to ensure satisfactory performance of the	504
reclamation measures required under this chapter, whichever occurs	505
earlier.	506

(D) Before an operator engages in a surface or in-stream	507
mining operation on land not described in the operator's permit,	508
but that is contiguous to the land described in the operator's	509
permit, the operator shall file with the chief an application for	510
an amendment to the operator's permit. Before approving an	511
amendment, the chief shall require the information, maps, fees,	512
and amount, except as otherwise provided by rule, of the	513
performance bond as required for an original application under	514
this section and shall apply the same prohibitions and	515
restrictions applicable to land described in an original	516
application for a permit. An applicant for a significant amendment	517
to a permit, as "significant" is defined by rule, shall include a	518
copy of the advertisement that the applicant is required to have	519
published in accordance with section 1514.022 of the Revised Code.	520
If the chief disapproves the amendment, the chief shall state the	521
reasons for disapproval in the order disapproving the amendment.	522
Upon the approval of an amendment by the chief, the operator shall	523
be authorized to engage in surface mining on the land or in-stream	524
mining in the watercourse described in the operator's original	525
permit plus the land or area of the watercourse described in the	526
amendment until the date when the permit expires, or when the	527
chief, after inspection, orders the release of any remaining	528
performance bond deposited to assure satisfactory performance of	529
the reclamation measures required pursuant to this chapter,	530
whichever occurs earlier.	531

(E) An operator, at any time and upon application therefor	532
and approval by the chief, may amend the plan of mining and	533
reclamation filed with the application for a permit in order to	534
change the reclamation measures to be performed, modify the	535
interval after mining within which reclamation measures will be	536
performed, change the sequence in which mining or reclamation will	537
occur at specific locations within the area affected, mine acreage	538
previously mined or reclaimed, or for any other purpose, provided	539
that the plan, as amended, includes measures that the chief	540
determines will be adequate to prevent damage to adjoining	541
property and to achieve the performance standards set forth in	542
division (A)(9)(10) of this section. An application for a	543
significant amendment to a plan, as "significant" is defined by	544
rule, shall include a copy of the advertisement that the applicant	545
is required to have published in accordance with section 1514.022	546
of the Revised Code.	547

The chief may propose one or more amendments to the plan in	548
writing, within ninety days after the fifth anniversary of the	549
date of issuance of thea surface mining permit andor within	550
ninety days after the first anniversary of the date of issuance of	551
an in-stream mining permit. The chief's proposal may be made upon	552
a finding of any of the following conditions after a complete	553
review of the plan and inspection of the area of land affected,	554
and the plan shall be so amended upon written concurrence in the	555
findings and approval of the amendments by the operator:	556

(1) An alternate measure, in lieu of one previously approved	557
in the plan, will more economically or effectively achieve one or	558
more of the performance standards.	559

(2) Developments in reclamation technology make an alternate	560
measure to achieve one or more of the performance standards more	561
economical, feasible, practical, or effective.	562

(3) Changes in the use or development of adjoining lands	563
require changes in the intended future uses of the area of land	564
affected in order to prevent damage to adjoining property.	565

(F) The chief shall issue an order granting or denying an	566
operating permit or amendment to a permit or approving or denying	567
an amendment to the operator's plan of mining and reclamation	568
within ninety days after the filing of an application therefor.	569
If the chief fails to act within that period with respect to a	570
surface mining operation that existed prior to the initial date by	571
which the chief requires a permit to be obtained, the operator may	572
continue the operation until the chief issues an order denying a	573
permit for the operation, and if the operator elects to appeal the	574
order pursuant to section 1513.13 of the Revised Code, until the	575
reclamation commission affirms the order of the chief denying the	576
permit, and if the operator elects to appeal the order of the	577
commission pursuant to section 1513.14 of the Revised Code, until	578
the court of common pleas affirms the orderThe holder of a	579
surface or in-stream mining permit who desires to transfer the	580
rights granted under the permit to another person at any time	581
during the term of the permit or its renewal shall file with the	582
chief an application for the transfer of the permit. The chief	583
shall issue an order approving or disapproving the transfer of the	584
permit in accordance with criteria and procedures established by	585
rule.	586

Sec. 1514.021.  (A) A permit holder who wishes to continue	587
surface or in-stream mining operations after the expiration date	588
of the existing permit or renewal permit shall file with the chief	589
of the division of mineral resources management an application for	590
renewal of a surface or in-stream mining permit or renewal permit	591
at least ninety days before the expiration date of the existing	592
permit or renewal permit. The application shall be upon the form	593
that the chief prescribes and provides and shall be accompanied by	594
thea permit fees required under division (B) of section 1514.02	595
of the Revised Coderenewal fee. The amount of the fee for	596
renewal of a surface mining permit or renewal permit shall be one	597
thousand dollars, and the amount of the fee for renewal of an	598
in-stream mining permit or renewal permit shall be five hundred	599
dollars.	600

(B) Upon receipt of an application for renewal and the	601
permit renewal fee under division (A) of this section, the chief	602
shall notify the applicant to submit a map that is a composite of	603
the information required to be contained in the most recent annual	604
report map under section 1514.03 of the Revised Code and of all	605
surface or in-stream mining and reclamation activities conducted	606
under the existing permit or renewal permit; the annual report	607
required under section 1514.03 of the Revised Code; in the case of	608
an applicant proposing a significant change to the plan of mining	609
and reclamation, as "significant" is defined by rule, a copy of	610
the advertisement that the applicant is required to have published	611
in accordance with section 1514.022 of the Revised Code; and	612
additional maps, plans, and revised or updated information that	613
the chief determines to be necessary for permit renewal. Within	614
sixty days after receipt of this notification, the applicant shall	615
submit all the required information to the chief.	616

(C)(1) Upon receipt of the information required under	617
division (B) of this section and except as otherwise provided in	618
division (C)(2) of this section, the chief mayshall approve the	619
application for renewal and issue an order granting a renewal	620
permit ifunless the chief finds that bothany of the following	621
applyapplies:	622

(1)(a) The permit holder's operation is not in substantial	623
or material compliance with this chapter, rules adopted and orders	624
issued under it, and the plan of mining and reclamation under the	625
existing permit or renewal permit;.	626

(2)(b) The permit holder has not provided evidence that a	627
performance bond filed under section 1514.04 of the Revised Code	628
applicable to lands affected under the existing permit or renewal	629
permit will remain effective until released under section 1514.05	630
of the Revised Code.	631

(c) The permit holder, any partner if the applicant is a	632
partnership, any officer or director if the applicant is a	633
corporation, or any other person who has a right to control or in	634
fact controls the management of the applicant or the selection of	635
officers, directors, or managers of the applicant has failed	636
substantially or materially to comply or continues to fail to	637
comply with this chapter as provided in section 1514.02 of the	638
Revised Code.	639

(2) If the application for renewal proposes significant	640
changes to the plan of mining and reclamation, as "significant" is	641
defined by rule, the chief may, but is not required to, approve	642
the application for renewal.	643

(D) Within sixty days after receiving the information and	644
permit renewal fees required under divisions (A) and (B) of this	645
section, the chief shall approve the application for renewal and	646
issue an order granting a renewal permit, issue an order denying	647
the application, or notify the applicant that the time limit for	648
issuing such an order has been extended. This extension of time	649
shall not exceed sixty days.	650

(E) If an applicant for a renewal permit has complied with	651
division (A) of this section, the applicant may continue surface	652
or in-stream mining operations under the existing permit or	653
renewal permit after its expiration date until the sixty-day	654
period for filing the information required by the chief under	655
division (B) of this section has expired or until the chief issues	656
an order under division (D) of this section denying the renewal	657
permit.	658

(F) A permit holder who fails to submit an application and	659
required permit renewal fees within the time prescribed by	660
division (A) of this section shall cease surface or in-stream	661
mining operations on the expiration date of the existing permit or	662
renewal permit. If such a permit holder then submits an	663
application for renewal and the permit renewal fees otherwise	664
required by division (A) of this section on or before the	665
thirtieth day after the expiration date of the expired permit or	666
renewal permit and provides the information required by the chief	667
under division (B) of this section within sixty days after being	668
notified of the information required under that division, the	669
permit holder need not submit the final map and report required by	670
section 1514.03 of the Revised Code until the later of thirty days	671
after the chief issues an order denying the application for	672
renewal or thirty days after the chief's order is affirmed upon	673
appeal under section 1513.13 or 1513.14 of the Revised Code. An	674
applicant under this division who fails to provide the information	675
required by the chief under division (B) of this section within	676
the prescribed time period shall submit the final map and report	677
required by section 1514.03 of the Revised Code within thirty days	678
after the expiration of that prescribed period.	679

(G) If the chief issues an order denying an application for	680
renewal of a permit or renewal permit after the expiration date of	681
the permit, the permit holder shall cease surface or in-stream	682
mining operations immediately and, within thirty days after the	683
issuance of the order, shall submit the final report and map	684
required under section 1514.03 of the Revised Code. The chief	685
shall state the reasons for denial in the order denying renewal of	686
the application. An applicant may appeal the chief's order	687
denying the renewal under section 1513.13 of the Revised Code and	688
may continue surface or in-stream mining and reclamation	689
operations under the expired permit until the reclamation	690
commission affirms the chief's order under that section and, if	691
the applicant elects to appeal the order of the commission under	692
section 1513.14 of the Revised Code, until the court of appeals	693
affirms the order.	694

(H) The approval of an application for renewal under this	695
section authorizes the continuation of thean existing surface	696
mining permit or renewal permit for a term of tenfifteen years	697
from the expiration date of the existing permit.	698

The approval of an application for renewal under this section	699
authorizes the continuation of an existing in-stream mining permit	700
or renewal permit for a term of two years from the expiration date	701
of the existing permit.	702

(I) Any renewal permit is subject to all the requirements of	703
this chapter and rules adopted under it.	704

Sec. 1514.022.  (A) As used in this section:

705

(1) "Application" means any of the following:

706

(a) An application filed under division (A) of section	707
1514.02 of the Revised Code for an initial permit for a proposed	708
surface or in-stream mining operation;	709

(b) An application filed under division (D) of section	710
1514.02 of the Revised Code for a significant amendment to a	711
permit, as "significant" is defined by rule;	712

(c) An application filed under division (E) of section	713
1514.02 of the Revised Code for a significant amendment to the	714
plan of mining and reclamation that is proposed by the operator,	715
as "significant" is defined by rule;	716

(d) An application filed under section 1514.021 of the	717
Revised Code for the renewal of a permit if the application	718
proposes a significant change to the plan of mining and	719
reclamation, as "significant" is defined by rule.	720

(2) "Applicant" means a person who files an application.

721

(3) "Governmental agency" means each board of county	722
commissioners, each board of township trustees, each legislative	723
authority of a municipal corporation, and the planning	724
commissioners having jurisdiction over all or part of the area of	725
a surface or in-stream mining operation or a proposed surface or	726
in-stream mining operation together with any other federal, state,	727
or local governmental entities that the chief of the division of	728
mineral resources management reasonably believes will be	729
interested in an application.	730

(B)(1) Except as otherwise provided in division (D) of this	731
section, an applicant shall submit to the chief a copy of the	732
applicant's advertisement required to be published under this	733
division of the ownership, precise location, and boundaries of	734
land to be affected by the surface or in-stream mining operation	735
or proposed surface or in-stream mining operation that is the	736
subject of the application.	737

Upon receiving the application and advertisement, the chief	738
shall designate a location at which the application will be	739
available for public inspection and shall assign to the	740
application an application identification number. When the chief	741
determines that the application is substantially complete, the	742
chief shall notify the applicant of the determination. At that	743
time, the applicant shall place the advertisement, together with	744
the application identification number and the notice of the	745
location at which the application will be available for	746
inspection, in a newspaper of general circulation in the locality	747
of the operation or proposed operation at least once a week for	748
four consecutive weeks.	749

(2) Except as otherwise provided in division (D) of this	750
section, upon determining that an application is substantially	751
complete, the chief shall provide written notice to governmental	752
agencies. The notice shall include all of the information	753
required to be published under division (B)(1) of this section	754
together with the date by which any written comments or objections	755
must be received by the chief for consideration in the review of	756
the application. That date shall be the date that is thirty days	757
following the date on which the chief sends the notice to the	758
governmental agencies.	759

If requested by a governmental agency within thirty-five days	760
following the date on which the governmental agency receives the	761
written notice from the chief, the chief may hold an informal	762
conference to aid in the public understanding of the permitting	763
process. The informal conference shall be held within two weeks	764
after the chief determines to hold such a conference and shall be	765
held in the county in which the surface or in-stream mining	766
operation is or is proposed to be located.	767

(C) Except as otherwise provided in division (D) of this	768
section, an operation or any person having an interest that is or	769
may be adversely affected by the operation or proposed operation	770
and anygovernmental agency may file written comments about or	771
objections to an application with the chief. In the case of	772
interested persons who are not governmental agencies, the comments	773
or objections shall be filed not later than thirty days after the	774
last publication of the notice. In the case of governmental	775
agencies, the comments or objections shall be filed not later than	776
the date that the chief specified in the notice, except that at	777
the chief's discretion, the chief may accept comments or	778
objections from the agencies after that date if the chief	779
considers doing so to be in the public interest. The chief	780
immediately shall transmit comments or objections to the applicant	781
and shall make them available to the public at the same location	782
at which the application is available for inspection.	783

(D) Divisions (B) and (C) of this section do not apply if a	784
plan of zoning has been adopted for the area that includes the	785
location at which the operation is conducted or is proposed to be	786
conducted and either of the following applies:	787

(1) The plan of zoning allows mining at the location at	788
which the mining operation is or is proposed to be conducted.	789

(2) A zoning variance or conditional use certificate for a	790
mining operation, for which public notice and opportunity for	791
comment have been provided, has been received within three hundred	792
sixty-five days prior to submittal of an application. In such a	793
situation, an applicant shall provide the chief with a copy of the	794
notice, certified by the publisher, that was previously published.	795

Sec. 1514.023.  Nothing in this chapter or rules adopted	796
under it shall be construed to prevent any county, township, or	797
municipal corporation from enacting, adopting, or enforcing zoning	798
resolutions or ordinances. However, the chief of the division of	799
mineral resources management shall not enforce such zoning	800
resolutions or ordinances.	801

Sec. 1514.024.  A local authority may enter into an agreement	802
with the operator of a surface or in-stream mining operation or of	803
a proposed surface or in-stream mining operation for the	804
improvement of roads under the jurisdiction of that local	805
authority that may be affected by the operation or for other	806
improvements within the jurisdiction of that local authority.	807
However, nothing in this section requires the surface or in-stream	808
mining operator to enter into such an agreement.	809

Sec. 1514.03.  Within thirty days after each anniversary date	810
of issuance of a surface or in-stream mining permit, the operator	811
shall file with the chief of the division of mineral resources	812
management an annual report, on a form prescribed and furnished by	813
the chief, that, for the period covered by the report, shall state	814
the amount of and identify the types of minerals and coal, if any	815
coal, produced and shall state the number of acres affected and	816
the number of acres estimated to be affected during the next year	817
of operation. An annual report is not required to be filed if a	818
final report is filed in lieu thereof.	819

Each annual report for a surface mining operation shall	820
include a progress map indicating the location of areas of land	821
affected during the period of the report and the location of the	822
area of land estimated to be affected during the next year. The	823
map shall be prepared in accordance with division (A)(10)(11) or	824
(11)(12) of section 1514.02 of the Revised Code, as appropriate,	825
except that a map prepared in accordance with division (A)(11)(12)	826
of that section may be certified by the operator or authorized	827
agent of the operator in lieu of certification by a professional	828
engineer or surveyor registered under Chapter 4733. of the Revised	829
Code. However, the chief may require that an annual progress map	830
or a final map be prepared by a registered professional engineer	831
or registered surveyor if the chief has reason to believe that the	832
operator exceeded the boundaries of the permit area or, if the	833
operator filed the map required under division (A)(10)(11) of	834
section 1514.02 of the Revised Code, that the operator extracted	835
ten thousand tons or more of minerals during the period covered by	836
the report.	837

Each annual report for an in-stream mining operation shall	838
include a statement of the total tonnage removed by in-stream	839
mining for each month and of the surface acreage and depth of	840
material removed by in-stream mining and shall include a map that	841
identifies the area affected by the in-stream mining, soundings	842
that depict the cross-sectional views of the channel bottom of the	843
watercourse, and water elevations for the watercourse.	844

Each annual report shall be accompanied by a filing fee in	845
the amount of twofive hundred fifty dollars and,except in the	846
case of an annual report filed by a small operator or an in-stream	847
mining operator. A small operator, which is a surface mine	848
operator who intends to extract fewer than ten thousand tons of	849
minerals and no coal during the next year of operation under the	850
permit, or an in-stream mining operator shall include a filing fee	851
in the amount of two hundred fifty dollars with each annual	852
report. The annual report of any operator also shall be	853
accompanied by an acreage fee in the amount of thirtyseventy-five	854
dollars multiplied by the number of acres estimated in the report	855
to be affected during the next year of operation under the permit.	856
The acreage fee shall be adjusted by subtracting a credit of	857
thirtyseventy-five dollars per excess acre paid for the preceding	858
year if the acreage paid for the preceding year exceeds the	859
acreage actually affected or by adding an additional amount of	860
thirtyseventy-five dollars per excess acre affected if the	861
acreage actually affected exceeds the acreage paid for the	862
preceding year.	863

With each annual report the operator shall file a performance	864
bond in the amount,unless otherwise provided by rule, of five	865
hundredone thousand dollars multiplied by the number of acres	866
estimated to be affected during the next year of operation under	867
the permit for which no performance bond previously was filed. The	868
Unless otherwise provided by rule, the bond shall be adjusted by	869
subtracting a credit of five hundredone thousand dollars per	870
excess acre for which bond was filed for the preceding year if the	871
acreage for which the bond was filed for the preceding year	872
exceeds the acreage actually affected, or by adding an amount of	873
five hundredone thousand dollars per excess acre affected if the	874
acreage actually affected exceeds the acreage for which bond was	875
filed for the preceding year.	876

Within thirty days after the expiration of the surface or	877
in-stream mining permit, or completion or abandonment of the	878
operation, whichever occurs earlier, the operator shall submit a	879
final report containing the same information required in an annual	880
report, but covering the time from the last annual report to the	881
expiration of the permit, or completion or abandonment of the	882
operation, whichever occurs earlier.	883

Each final report shall include a map indicating the location	884
of the area of land affected during the period of the report and	885
the location of the total area of land affected under the permit.	886
The map shall be prepared in accordance with division (A)(10)(11)	887
or (11)(12) of section 1514.02 of the Revised Code, as	888
appropriate.	889

In the case of a final report for an in-stream mining	890
operation, the map also shall include the information required	891
under division (A)(18) of section 1514.02 of the Revised Code.	892

If the final report and certified map, as verified by the	893
chief, show that the number of acres affected under the permit is	894
larger than the number of acres for which the operator has paid an	895
acreage fee or filed a performance bond, upon notification by the	896
chief, the operator shall pay an additional acreage fee in the	897
amount of thirtyseventy-five dollars multiplied by the difference	898
between the number of acres affected under the permit and the	899
number of acres for which the operator has paid an acreage fee and	900
shall file an additional performance bond in the amount,unless	901
otherwise provided by rule, of five hundredone thousand dollars	902
multiplied by the difference between the number of acres affected	903
under the permit and the number of acres for which the operator	904
has filed bond.	905

If the final report and certified map, as verified by the	906
chief, show that the number of acres affected under the permit is	907
smaller than the number of acres for which the operator has filed	908
a performance bond, the chief shall order release of the excess	909
bond. However, the chief shall retain a performance bond in a	910
minimum amount of twoten thousand dollars irrespective of the	911
number of acres affected under the permit. The release of the	912
excess bond shall be in an amount,unless otherwise provided by	913
rule, equal to five hundredone thousand dollars multiplied by the	914
difference between the number of acres affected under the permit	915
and the number of acres for which the operator has filed bond.	916

The fees collected pursuant to this section and section	917
1514.02 of the Revised Code shall be deposited with the treasurer	918
of state to the credit of the surface mining fund created under	919
section 1514.06 of the Revised Code.	920

If upon inspection the chief finds that any filing fee,	921
acreage fee, performance bond, or part thereof is not paid when	922
due or is paid on the basis of false or substantially inaccurate	923
reports, the chief may request the attorney general to recover the	924
unpaid amounts that are due the state, and the attorney general	925
shall commence appropriate legal proceedings to recover the unpaid	926
amounts.	927

Sec. 1514.04.  Upon receipt of notification from the chief of	928
the division of mineral resources management of the chief's intent	929
to issue an order granting a surface or in-stream mining permit to	930
the applicant, the applicant shall file a surety bond, cash, an	931
irrevocable letter of credit, or certificates of deposit in the	932
amount,unless otherwise provided by rule, of twoten thousand	933
dollars plus one thousand dollars, or five hundred dollars per	934
acre of land to be affected, whichever is greater. Upon receipt	935
of notification from the chief of the chief's intent to issue an	936
order granting an amendment to a surface or in-stream mining	937
permit, the applicant shall file a surety bond, cash, an	938
irrevocable letter of credit, or certificates of deposit in the	939
amount,unless otherwise provided by rule, of five hundredone	940
thousand dollars per acre of land to be affected.	941

In the case of a surface mining permit, the bond shall be	942
filed for the number of acres estimated to be affected during the	943
first year of operation under the permit. In the case of an	944
amendment to a surface mining permit, the bond shall be filed for	945
the number of acres estimated to be affected during the balance of	946
the period until the next anniversary date of the permit.	947

In the case of an in-stream mining permit, the bond shall be	948
filed for the number of acres of land within the limits of the	949
in-stream mining permit for the entire permit period. In the case	950
of an amendment to an in-stream mining permit, the bond shall be	951
filed for the number of any additional acres of land to be	952
affected within the limits of the in-stream mining permit.	953

A surety bond filed pursuant to this section and sections	954
1514.02 and 1514.03 of the Revised Code shall be upon the form	955
that the chief prescribes and provides and shall be signed by the	956
operator as principal and by a surety company authorized to	957
transact business in the state as surety. The bond shall be	958
payable to the state and shall be conditioned upon the faithful	959
performance by the operator of all things to be done and performed	960
by the operator as provided in this chapter and the rules and	961
orders of the chief adopted or issued pursuant thereto.	962

The operator may deposit with the chief, in lieu of a surety	963
bond, cash in an amount equal to the surety bond as prescribed in	964
this section, an irrevocable letter of credit or negotiable	965
certificates of deposit issued by any bank organized or	966
transacting business in this state, or an irrevocable letter of	967
credit or certificates of deposit issued by any savings and loan	968
association as defined in section 1151.01 of the Revised Code,	969
having a cash value equal to or greater than the amount of the	970
surety bond as prescribed in this section. Cash or certificates	971
of deposit shall be deposited upon the same terms as the terms	972
upon which surety bonds may be deposited. If one or more	973
certificates of deposit are deposited with the chief in lieu of a	974
surety bond, the chief shall require the bank or savings and loan	975
association that issued any such certificate to pledge securities	976
of a cash value equal to the amount of the certificate, or	977
certificates, that is in excess of the amount insured by the	978
federal deposit insurance corporation. The securities shall be	979
security for the repayment of the certificate of deposit.	980

Immediately upon a deposit of cash, a letter of credit, or	981
certificates with the chief, the chief shall deliver it to the	982
treasurer of state who shall hold it in trust for the purposes for	983
which it has been deposited. The treasurer of state shall be	984
responsible for the safekeeping of such deposits. An operator	985
making a deposit of cash, a letter of credit, or certificates of	986
deposit may withdraw and receive from the treasurer of state, on	987
the written order of the chief, all or any part of the cash,	988
letter of credit, or certificates in the possession of the	989
treasurer of state, upon depositing with the treasurer of state	990
cash, an irrevocable letter of credit, or negotiable certificates	991
of deposit issued by any bank organized or transacting business in	992
this state, or an irrevocable letter of credit or certificates of	993
deposit issued by any savings and loan association, equal in value	994
to the value of the cash, letter of credit, or certificates	995
withdrawn. An operator may demand and receive from the treasurer	996
of state all interest or other income from any certificates as it	997
becomes due. If certificates deposited with and in the possession	998
of the treasurer of state mature or are called for payment by the	999
issuer thereof, the treasurer of state, at the request of the	1000
operator who deposited them, shall convert the proceeds of the	1001
redemption or payment of the certificates into such other	1002
negotiable certificates of deposit issued by any bank organized or	1003
transacting business in this state, such other certificates of	1004
deposit issued by any savings and loan association, or cash, as	1005
may be designated by the operator.	1006

A governmental agency, as defined in division (A) of section	1007
1514.022 of the Revised Code, or a board or commission that	1008
derives its authority from a governmental agency shall not require	1009
a surface or in-stream mining operator to file a surety bond or	1010
any other form of financial assurance for the reclamation of land	1011
to be affected by a surface or in-stream mining operation	1012
authorized under this chapter.	1013

Sec. 1514.05.  (A) At any time within the period allowed an	1014
operator by section 1514.02 of the Revised Code to reclaim an area	1015
of land affected by surface or in-stream mining, the operator may	1016
file a request, on a form provided by the chief of the division of	1017
mineral resources management, for inspection of the area of land	1018
upon which a phase of the reclamation, other than any required	1019
planting, is completed. TheFor purposes of inspections and	1020
subsequent releases of performance bonds or cash, irrevocable	1021
letters of credit, or certificates of deposit deposited in lieu of	1022
bonds under this section, reclamation shall be considered to occur	1023
in two phases. The first phase involves grading, contouring,	1024
terracing, resoiling, and initial planting. The second phase	1025
involves the establishment of vegetative cover together with the	1026
maintenance and the completion of all reclamation required under	1027
this chapter or rules adopted under it.	1028

A request for inspection at the completion of a phase of	1029
reclamation shall include all of the following:	1030

(1) The location of the area and number of acres;

1031

(2) The permit number;

1032

(3) The amount of performance bond on deposit at the time of	1033
the request to ensure reclamation of the area;	1034

(4) A map showing the location of the acres reclaimed,	1035
prepared and certified in accordance with division (A)(10)(11) or	1036
(11)(12) of section 1514.02 of the Revised Code, as appropriate.	1037
In the case of an in-stream mining operation, the map also shall	1038
include the information required under division (A)(18) of section	1039
1514.02 of the Revised Code.	1040

In addition, a request for inspection of the second phase of	1041
reclamation shall include a description of the type and date of	1042
any required planting and a statement regarding the degree of	1043
success of the growth.	1044

(B) The chief shall make an inspection and evaluation of the	1045
reclamation of the area of land for which thea request was	1046
submitted within ninety days after receipt of the request or, if	1047
the operator fails to complete the reclamation or file the request	1048
as required, as soon as the chief learns of the default.	1049
Thereupon, if the chief approves the first phase of the	1050
reclamation other than any required planting as meeting the	1051
requirements of this chapter, rules adopted thereunder, any orders	1052
issued during the mining or reclamation, and the specifications of	1053
the plan for mining and reclaiming, the chief shall issue an order	1054
to the operator and the operator's surety releasing them from	1055
liability for one-half the total amountthe applicable percentage	1056
specified in this division of their surety bond on deposit to	1057
ensure reclamation for the area upon which reclamation is	1058
completed. If the chief approves the second phase of the	1059
reclamation, the chief shall order release of the remaining	1060
performance bond, after completing the inspection and evaluation,	1061
in the same manner as in the case of approval of the first phase	1062
of reclamation, and the treasurer of state shall proceed as in	1063
that case.	1064

On approval of the first phase of reclamation, the chief	1065
shall release seventy-five per cent of the amount of the surety	1066
bond on deposit. On approval of the second phase of reclamation,	1067
the chief shall release the remaining amount of the surety bond	1068
that originally was on deposit.	1069

If the operator has deposited cash, an irrevocable letter of	1070
credit, or certificates of deposit in lieu of a surety bond to	1071
ensure reclamation, the chief shall issue an order to the operator	1072
releasing one-half of the total amount so held in the same manner	1073
and in the same percentages that apply to the release of a surety	1074
bond and promptly shall transmit a certified copy of the order to	1075
the treasurer of state. Upon presentation of the order to the	1076
treasurer of state by the operator to whom it was issued, or by	1077
the operator's authorized agent, the treasurer of state shall	1078
deliver to the operator or the operator's authorized agent the	1079
cash, irrevocable letter of credit, or certificates of deposit	1080
designated in the order.	1081

(C) If the chief does not approve a phase of the reclamation	1082
other than any required planting, the chief shall notify the	1083
operator by certified mail. The notice shall be an order stating	1084
the reasons for unacceptability, ordering further actions to be	1085
taken, and setting a time limit for compliance. If the operator	1086
does not comply with the order within the time limit specified,	1087
the chief may order an extension of time for compliance after	1088
determining that the operator's noncompliance is for good cause,	1089
resulting from developments partially or wholly beyond the	1090
operator's control. If the operator complies within the time limit	1091
or the extension of time granted for compliance, the chief shall	1092
order release of the performance bond in the same manner as in the	1093
case of approval of reclamation other than planting by the chief,	1094
and the treasurer of state shall proceed as in that case. If the	1095
operator does not comply within the time limit and the chief does	1096
not order an extension, or if the chief orders an extension of	1097
time and the operator does not comply within the extension of time	1098
granted for compliance, the chief shall issue another order	1099
declaring that the operator has failed to reclaim and, if the	1100
operator's permit has not already expired or been revoked,	1101
revoking the operator's permit. The chief shall thereupon proceed	1102
under division (C)(D) of this section.	1103

(B) At any time within the period allowed an operator by	1104
section 1514.02 of the Revised Code to reclaim an area affected by	1105
surface mining, the operator may file a request, on a form	1106
provided by the chief, for inspection of the area of land upon	1107
which all reclamation, including the successful establishment of	1108
any required planting, is completed. The request shall include	1109
all of the following:	1110

(1) The location of the area and number of acres;

1111

(2) The permit number;

1112

(3) The remaining amount of performance bond on deposit to	1113
ensure reclamation of the area;	1114

(4) The type and date of any required planting of vegetative	1115
cover and the degree of success of growth;	1116

(5) A map showing the location of the acres reclaimed,	1117
prepared and certified in accordance with division (A)(10) or (11)	1118
of section 1514.02 of the Revised Code, as appropriate.	1119

The chief shall make an inspection and evaluation of the	1120
reclamation of the area of land for which the request was	1121
submitted within ninety days after receipt of the request or, if	1122
the operator fails to complete the reclamation or file the request	1123
as required, as soon as the chief learns of the default.	1124
Thereupon, if the chief finds that the reclamation meets the	1125
requirements of this chapter, rules adopted thereunder, any orders	1126
issued during the mining and reclamation, and the specifications	1127
of the plan for mining and reclaiming and decides to release any	1128
remaining performance bond on deposit to ensure reclamation of the	1129
area upon which reclamation is completed, within ten days of	1130
completing the inspection and evaluation, the chief shall order	1131
release of the remaining performance bond in the same manner as in	1132
the case of approval of reclamation other than planting, and the	1133
treasurer of state shall proceed as in that case.	1134

If the chief does not approve the reclamation performed by	1135
the operator, the chief shall notify the operator by certified	1136
mail within ninety days of the filing of the application for	1137
inspection or of the date when the chief learns of the default.	1138
The notice shall be an order stating the reasons for	1139
unacceptability, ordering further actions to be taken, and setting	1140
a time limit for compliance. If the operator does not comply with	1141
the order within the time limit specified, the chief may order an	1142
extension of time for compliance after determining that the	1143
operator's noncompliance is for good cause, resulting from	1144
developments partially or wholly beyond the operator's control. If	1145
the operator complies within the time limit or the extension of	1146
time granted for compliance, the chief shall order release of the	1147
remaining performance bond in the same manner as in the case of	1148
approval of reclamation by the chief, and the treasurer of state	1149
shall proceed as in that case. If the operator does not comply	1150
within the time limit and the chief does not order an extension,	1151
or if the chief orders an extension of time and the operator does	1152
not comply within the extension of time granted for compliance,	1153
the chief shall make another order declaring that the operator has	1154
failed to reclaim and, if the operator's permit has not already	1155
expired or been revoked, revoking the operator's permit. The	1156
chief then shall proceed under division (C) of this section.	1157

(C)(D) Upon issuing an order under division (A) or (B)(C) of	1158
this section declaring that the operator has failed to reclaim,	1159
the chief shall make a finding as to the number and location of	1160
the acres of land that the operator has failed to reclaim in the	1161
manner required by this chapter. The chief shall order the	1162
release of the performance bond in the amount of five hundred	1163
dollars per acre for those acres that the chief finds to have been	1164
reclaimed in the manner required by this chapter. The release	1165
shall be ordered in the same manner as in the case of other	1166
approval of reclamation by the chief, and the treasurer of state	1167
shall proceed as in that case. If the operator has on deposit	1168
cash, an irrevocable letter of credit, or certificates of deposit	1169
to ensure reclamation of the area of the land affected, theretain	1170
all or part of the performance bond on deposit for reclamation of	1171
the affected surface or in-stream mine site. The chief at the	1172
same time shall issue an order declaring that the remaining cash,	1173
irrevocable letter of credit, or certificates of deposit is,if	1174
any, are the property of the state and isare available for use by	1175
the chief in performing reclamation of the area and shall proceed	1176
in accordance with section 1514.06 of the Revised Code.	1177

If the operator has on deposit a surety bond to ensure	1178
reclamation of the area of land affected, the chief shall notify	1179
the surety in writing of the operator's default and shall request	1180
the surety to perform the surety's obligation and that of the	1181
operator. The surety, within ten days after receipt of the	1182
notice, shall notify the chief as to whether it intends to perform	1183
those obligations.	1184

If the surety chooses to perform, it shall arrange for work	1185
to begin within thirty days of the day on which it notifies the	1186
chief of its decision. If the surety completes the work as	1187
required by this chapter, the chief shall issue an order to the	1188
surety releasing the surety from liability under the bond in the	1189
same manner as if the surety were an operator proceeding under	1190
this section. If, after the surety begins the work, the chief	1191
determines that the surety is not carrying the work forward with	1192
reasonable progress, or that it is improperly performing the work,	1193
or that it has abandoned the work or otherwise failed to perform	1194
its obligation and that of the operator, the chief shall issue an	1195
order terminating the right of the surety to perform the work and	1196
demanding payment of the amount due as required by this chapter.	1197

If the surety chooses not to perform and so notifies the	1198
chief, does not respond to the chief's notice within ten days of	1199
receipt thereof, or fails to begin work within thirty days of the	1200
day it timely notifies the chief of its decision to perform its	1201
obligation and that of the operator, the chief shall issue an	1202
order terminating the right of the surety to perform the work and	1203
demanding payment of the amount due, as required by this chapter.	1204

Upon receipt of an order of the chief demanding payment of	1205
the amount due, the surety immediately shall deposit with the	1206
chief cash in the full amount due under the order for deposit with	1207
the treasurer of state. If the surety fails to make an immediate	1208
deposit, the chief shall certify it to the attorney general for	1209
collection. When the chief has issued an order terminating the	1210
right of the surety and has the cash on deposit, the cash is the	1211
property of the state and is available for use by the chief, who	1212
shall proceed in accordance with section 1514.06 of the Revised	1213
Code.	1214

Sec. 1514.06.  (A) There is hereby created in the state	1215
treasury the surface mining fund. All cash that becomes the	1216
property of the state pursuant to section 1514.05 of the Revised	1217
Code shall be deposited in the fund, and expenditures from the	1218
fund shall be made by the chief of the division of mineral	1219
resources management only for the purpose of reclaiming areas of	1220
land affected by surface or in-stream mining operations on which	1221
an operator has defaulted.	1222

(B) Expenditures of moneys from the fund, except as	1223
otherwise provided by this section, shall be made pursuant to	1224
contracts entered into by the chief with persons who agree to	1225
furnish all of the materials, equipment, work, and labor, as	1226
specified and provided in the contracts, for the prices stipulated	1227
therein. With the approval of the director of natural resources,	1228
the chief may reclaim the land in the same manner as the chief	1229
required of the operator who defaulted. Each contract awarded by	1230
the chief shall be awarded to the lowest responsive and	1231
responsible bidder, in accordance with section 9.312 of the	1232
Revised Code, after sealed bids are received, opened, and	1233
published at the time and place fixed by the chief. The chief	1234
shall publish notice of the time and place at which bids will be	1235
received, opened, and published, at least once at least ten days	1236
before the date of the opening of the bids, in a newspaper of	1237
general circulation in the county in which the area of land to be	1238
reclaimed under the contract is located. If, after so advertising	1239
for bids, no bids are received by the chief at the time and place	1240
fixed for receiving them, the chief may advertise again for bids,	1241
or, if the chief considers the public interest will be best	1242
served, the chief may enter into a contract for the reclamation of	1243
the area of land without further advertisement for bids. The	1244
chief may reject any or all bids received and again publish notice	1245
of the time and place at which bids for contracts will be	1246
received, opened, and published.	1247

(C) With the approval of the director, the chief, without	1248
advertising for bids, may enter into a contract with the	1249
landowner, a surface or in-stream mine operator or coal mine	1250
operator mining under a current, valid permit issued under this	1251
chapter or Chapter 1513. of the Revised Code, or a contractor	1252
hired by a surety to complete reclamation, to carry out	1253
reclamation on land affected by surface or in-stream mining	1254
operations on which an operator has defaulted.	1255

(D) With the approval of the director, the chief may carry	1256
out all or part of the reclamation work on land affected by	1257
surface or in-stream mining operations on which the operator has	1258
defaulted using the employees and equipment of any division of the	1259
department of natural resources.	1260

(E) The chief shall require every contractor performing	1261
reclamation work under this section to pay workers at the greater	1262
of their regular rate of pay, as established by contract,	1263
agreement, or prior custom or practice, or the average wage rate	1264
paid in this state for the same or similar work, as determined by	1265
the chief under section 1513.02 of the Revised Code.	1266

(F) Each contract entered into by the chief under this	1267
section shall provide only for the reclamation of land affected by	1268
the surface or in-stream mining operation or operations of one	1269
operator and not reclaimed by the operator as required by this	1270
chapter. If there is money in the fund derived from the	1271
performance bond deposited with the chief by one operator to	1272
ensure the reclamation of two or more areas of land affected by	1273
the surface or in-stream mining operation or operations of one	1274
operator and not reclaimed by the operator as required by this	1275
chapter, the chief may award a single contract for the reclamation	1276
of all such areas of land.	1277

(G) The cost of the reclamation work done under this section	1278
on each area of land affected by surface or in-stream mining	1279
operations on which an operator has defaulted shall be paid out of	1280
the money in the fund derived from the performance bond that was	1281
deposited with the chief to ensure the reclamation of that area of	1282
land. If the amount of money is not sufficient to pay the cost of	1283
doing all of the reclamation work on the area of land that the	1284
operator should have done, but failed to do, the chief may expend	1285
from the reclamation forfeiture fund created in section 1513.18 of	1286
the Revised Code or the surface mining fund created in this	1287
section the amount of money needed to complete reclamation to the	1288
standards required by this chapter. The operator is liable for	1289
that expense in addition to any other liabilities imposed by law.	1290
At the request of the chief, the attorney general shall bring an	1291
action against the operator for the amount of the expenditures	1292
from either fund. Moneys so recovered shall be deposited in the	1293
appropriate fund from which the expenditures were made.	1294

(H) If any part of the money in the surface mining fund	1295
remains in the fund after the chief has caused the area of land to	1296
be reclaimed and has paid all the reclamation costs and expenses,	1297
or if any money remains because the area of land has been	1298
repermitted under this chapter or reclaimed by a person other than	1299
the chief, the chief may expend the remaining money to complete	1300
other reclamation work performed under this section.	1301

Sec. 1514.07.  Each order of the chief of the division of	1302
mineral resources management affecting the rights, duties, or	1303
privileges of an operator or the operator's surety or of an	1304
applicant for a permit or an amendment to a permit or a plan shall	1305
be in writing and contain a finding by the chief of the facts upon	1306
which the order is based. Notice of the order shall be given by	1307
certified mail to each person whose rights, duties, or privileges	1308
are affected.	1309

If the chief finds that an operator has violated any	1310
requirement of this chapter, failed to perform any measure set	1311
forth in the approved plan of mining and reclamation that is	1312
necessary to prevent damage to adjoining property or to achieve,	1313
or has otherwise failed to achieve, the performance standards of	1314
division (A)(9)(10) of section 1514.02 of the Revised Code, or	1315
caused damage to adjoining property, the chief may issue orders	1316
directing the operator to cease violation, perform such measures,	1317
achieve such standards, or prevent or abate off-site damage. The	1318
order shall identify the operation where the violation occurs, the	1319
specific requirement violated, measure not performed, standard not	1320
achieved, or off-site damage caused, and where practicable	1321
prescribe what action the operator may take to comply with the	1322
order. The chief shall fix and set forth in the order a	1323
reasonable date or time by which the operator shall comply, and	1324
the order shall state that the chief may revoke the operator's	1325
permit if the order is not complied with by suchthat date or	1326
time. If upon suchthat date or time the chief finds that the	1327
operator has not complied with the order, the chief may issue an	1328
order revoking the operator's permit.	1329

Sec. 1514.071.  (A) In addition to any other penalties	1330
established under this chapter, the chief of the division of	1331
mineral resources management may assess a civil penalty against	1332
any person who fails to comply with an order issued by the chief	1333
under section 1514.07 of the Revised Code by the date specified in	1334
the order or as subsequently extended by the chief.	1335

(B) Civil penalties assessed under this section shall not	1336
exceed one thousand dollars for each occurrence of noncompliance	1337
with an order. Each day of continuing noncompliance, up to a	1338
maximum of thirty days, may be deemed a separate occurrence for	1339
purposes of penalty assessments. In determining the amount of the	1340
assessment, the chief shall consider the seriousness of the	1341
noncompliance, the effect of the noncompliance, and the operator's	1342
history of noncompliance.	1343

(C) Upon issuance of a notice of noncompliance with an	1344
order, the chief shall inform the person to whom the notice of	1345
noncompliance is issued of the amount of any civil penalty to be	1346
assessed and provide an opportunity for an adjudicatory hearing	1347
with the reclamation commission pursuant to section 1514.09 of the	1348
Revised Code. The person charged with the penalty shall have	1349
thirty days from receipt of the assessment to pay the penalty in	1350
full or, if the person wishes to contest the amount of the	1351
penalty, file a petition for review of the assessment with the	1352
commission pursuant to section 1514.09 of the Revised Code and	1353
forward the amount of the penalty to the secretary of the	1354
commission as required by this division. Failure to forward the	1355
money to the secretary within thirty days after the chief informs	1356
the person of the amount of the penalty shall result in a waiver	1357
of all legal rights to contest the amount of the penalty.	1358

If, after a hearing, the commission affirms or modifies the	1359
amount of the penalty, the person charged with the penalty shall	1360
have thirty days after receipt of the written decision to file an	1361
appeal from the commission's order in accordance with section	1362
1514.09 of the Revised Code.	1363

At the time that the petition for review of the assessment is	1364
filed with the secretary, the person shall forward the amount of	1365
the penalty to the secretary for placement in the reclamation	1366
penalty fund created in division (F)(3) of section 1513.02 of the	1367
Revised Code. Pursuant to administrative or judicial review of	1368
the penalty, the secretary shall do either of the following:	1369

(1) If it is determined that the amount of the penalty	1370
should be reduced, within thirty days, remit the appropriate	1371
amount of the penalty to the person, with interest, and forward	1372
any balance of the penalty, with interest, to the chief for	1373
deposit in the surface mining fund created in section 1514.06 of	1374
the Revised Code for reclamation of abandoned surface or in-stream	1375
mining operations in the state;	1376

(2) If the penalty was not reduced, forward the entire	1377
penalty, with interest, to the chief for deposit in the surface	1378
mining fund for reclamation of abandoned surface or in-stream	1379
mining operations in the state.	1380

(D) Civil penalties owed under this section may be recovered	1381
in a civil action brought by the attorney general upon the request	1382
of the chief.	1383

Sec. 1514.072.  Whenever a person fails to comply with an	1384
order issued by the chief of the division of mineral resources	1385
management, the chief, in addition to any other remedy under this	1386
chapter, may request the attorney general to institute a civil	1387
action to compel compliance with the order, including a permanent	1388
or temporary injunction, a restraining order, or any other	1389
appropriate order, in the court of common pleas of the county in	1390
which the noncompliance is occurring or has occurred. The court	1391
shall grant the relief requested upon a demonstration that	1392
noncompliance with an order of the chief is occurring or has	1393
occurred.	1394

Sec. 1514.08. (A) The chief of the division of mineral	1395
resources management may adopt, amend, and rescind rules in	1396
accordance with Chapter 119. of the Revised Code in order to	1397
prescribe procedures for submitting applications for permits,	1398
amendments to permits, and amendments to plans of mining and	1399
reclamation; filing annual reports and final reports; requesting	1400
inspection and approval of reclamation; paying permit and filing	1401
fees; and filing and obtaining the release of performance bonds	1402
deposited with the state. For the purpose of preventing damage to	1403
adjoining property or achieving one or more of the performance	1404
standards established in division (A)(9)(10) of section 1514.02 of	1405
the Revised Code, the chief may establish classes of mining	1406
industries, based upon industrial categories, combinations of	1407
minerals produced, and geological conditions in which surface or	1408
in-stream mining operations occur, and may prescribe different	1409
rules consistent with the performance standards for each class.	1410
For the purpose of apportioning the workload of the division of	1411
mineral resources management among the quarters of the year, the	1412
rules may require that applications for permits and annual reports	1413
be filed in different quarters of the year, depending upon the	1414
county in which the operation is located.	1415

(B) The chief shall adopt rules under this section that do	1416
all of the following:	1417

(1) With respect to in-stream mining, and in consultation	1418
with the chief of the division of water, determine periods of low	1419
flow, which are the only time periods during which in-stream	1420
mining is allowed, and develop and implement any criteria, in	1421
addition to the criteria established in section 1514.02 of the	1422
Revised Code, that the chief determines are necessary for the	1423
permitting of in-stream mining;	1424

(2) Establish criteria and procedures for approving or	1425
disapproving the transfer of a surface or in-stream mining permit	1426
under division (F) of section 1514.02 of the Revised Code;	1427

(3) Define when any of the following may be considered to be	1428
"significant" for purposes of section 1514.022 of the Revised	1429
Code:	1430

(a) An amendment to a permit issued under section 1514.02 of	1431
the Revised Code for a surface or in-stream mining operation;	1432

(b) An amendment to the plan of mining and reclamation that	1433
must be filed with an application for either permit under section	1434
1514.02 of the Revised Code;	1435

(c) Changes to that plan of mining and reclamation that are	1436
proposed in a permit renewal application filed under section	1437
1514.021 of the Revised Code.	1438

In defining "significant," the chief shall focus on changes	1439
that increase the likelihood that the mining operation may have a	1440
negative impact on the public.	1441

(4) Establish a framework and procedures under which the	1442
amount of any bond required to be filed under this chapter to	1443
ensure the satisfactory performance of the reclamation measures	1444
required under this chapter may be reduced by subtracting a credit	1445
based on the operator's past compliance with this chapter and	1446
rules adopted and orders issued under it. The rules also shall	1447
apply to cash, an irrevocable letter of credit, or a certificate	1448
of deposit that is on deposit in lieu of a bond. In establishing	1449
the amount of credit that an operator or applicant may receive	1450
based on past compliance, the chief may consider past compliance	1451
with respect to any permit for a surface or in-stream mining	1452
operation that has been issued in this state to the operator or	1453
applicant.	1454

(5) Establish criteria and procedures for granting a variance	1455
from compliance with the prohibitions established in divisions	1456
(E)(3) and (F)(3) of section 1514.10 of the Revised Code. The	1457
criteria shall ensure that an operator may obtain a variance only	1458
if compliance with the applicable prohibition is not necessary to	1459
prevent damage to the watercourse or surrounding areas.	1460

Sec. 1514.09.  The reclamation commission established	1461
pursuant to section 1513.05 of the Revised Code shall serve as the	1462
reclamation commission pursuant to this chapter. However,	1463
whenever the commission is considering any appeal pertaining to	1464
surface or in-stream mining, as distinguished from coal strip	1465
mining, the member representing the coal strip mine operators	1466
shall be replaced by a person who, by reason of the person's	1467
previous vocation, employment, or affiliations, can be classed as	1468
a representative of surface or in-stream mine operators, as	1469
applicable. The appointment of saidthat person shall be made in	1470
accordance with section 1513.05 of the Revised Code, and the	1471
person's term shall be concurrent with that of the representative	1472
of the coal strip mine operators.	1473

No party to an appeal brought under this section shall be	1474
eligible for an award of attorney's fees, costs, or expenses from	1475
the commission or any court.	1476

Notwithstanding section 1513.14 of the Revised Code, appeals	1477
from an order of the commission pertaining to surface or in-stream	1478
mining may be taken to the court of common pleas of the county in	1479
which the operation is located, or to the court of common pleas of	1480
Franklin county.	1481

Sec. 1514.10.  No person shall:

1482

(A)(1) Engage in surface mining without a permit;

1483

(2) Engage in in-stream mining or conduct an in-stream	1484
mining operation without an in-stream mining permit issued by the	1485
chief of the division of mineral resources management. A person	1486
who, on the effective date of this amendment, holds a valid permit	1487
to conduct in-stream mining that is issued under section 10 of the	1488
"Rivers and Harbors Appropriation Act of 1899," 30 Stat. 1151, 33	1489
U.S.C. 403, as amended, shall not be required to obtain an	1490
in-stream mining permit from the chief under this chapter until	1491
the existing permit expires.	1492

(B) Exceed the limits of a surface or in-stream mining	1493
permit or amendment to a permit by mining land contiguous to an	1494
area of land affected under a permit or amendment, which	1495
contiguous land is not under a permit or amendment;	1496

(C) Purposely misrepresent or omit any material fact in an	1497
application for a surface or in-stream mining permit or amendment,	1498
an annual or final report, or in any hearing or investigation	1499
conducted by the chief of the division of mineral resources	1500
management or the reclamation commission;	1501

(D) Fail to perform any measure set forth in the approved	1502
plan of mining and reclamation that is necessary to prevent damage	1503
to adjoining property or to achieve a performance standard	1504
required in division (A)(9)(10) of section 1514.02 of the Revised	1505
Code, or violate any other requirement of this chapter, a rule	1506
adopted thereunder, or an order of the chief;	1507

(E) Conduct surface excavations of minerals within any of	1508
the following:	1509

(1) One hundred twenty feet horizontal distance outward from	1510
the highwater mark on each bank of an area designated as a wild,	1511
scenic, or recreational river area under sections 1517.14 to	1512
1517.18 of the Revised Code or of a portion of a river designated	1513
as a component of the national wild and scenic river system under	1514
the "Wild and Scenic Rivers Act," 82 Stat. 906 (1968), 16 U.S.C.	1515
1274, as amended;	1516

(2) Seventy-five feet horizontal distance outward from the	1517
highwater mark on each bank of a watercourse that drains a surface	1518
area of more than one hundred square miles;	1519

(3) Fifty feet horizontal distance outward from the	1520
highwater mark on each bank of a watercourse that drains a surface	1521
area of more than twenty-five square miles, but fewer than one	1522
hundred square miles unless a variance is obtained under rules	1523
adopted by the chief.	1524

(F) Conduct any surface mining activity within any of the	1525
following:	1526

(1) Seventy-five feet horizontal distance outward from the	1527
highwater mark on each bank of an area designated as a wild,	1528
scenic, or recreational river area under sections 1517.14 to	1529
1517.18 of the Revised Code or of a portion of a river designated	1530
as a component of the national wild and scenic river system under	1531
the "Wild and Scenic Rivers Act," 82 Stat. 906 (1968), 16 U.S.C.	1532
1274, as amended;	1533

(2) Seventy-five feet horizontal distance outward from the	1534
highwater mark on each bank of a watercourse that drains a surface	1535
area of more than one hundred square miles;	1536

(3) Fifty feet horizontal distance outward from the	1537
highwater mark on each bank of a watercourse that drains a surface	1538
area of more than twenty-five square miles, but fewer than one	1539
hundred square miles unless a variance is obtained under rules	1540
adopted by the chief.	1541

A person who has been issued a surface mining permit prior to	1542
the effective date of this amendment may continue to operate under	1543
that permit and shall not be subject to the prohibitions	1544
established in divisions (E) and (F) of this section until the	1545
permit is renewed.	1546

The number of square miles of surface area that a watercourse	1547
drains shall be determined by consulting the "gazetteer of Ohio	1548
streams," which is a portion of the Ohio water plan inventory	1549
published in 1960 by the division of water in the department of	1550
natural resources, or its successor, if any.	1551

(G) Engage in any part of a process that is followed in the	1552
production of minerals from the bottom of the channel of a	1553
watercourse in any of the following circumstances or areas:	1554

(1) In an area designated as a wild, scenic, or recreational	1555
river area under sections 1517.14 to 1517.18 of the Revised Code,	1556
in a portion of a river designated as a component of the national	1557
wild and scenic river system under the "Wild and Scenic Rivers	1558
Act," 82 Stat. 906 (1968), 16 U.S.C. 1274, as amended, or within	1559
one-half mile upstream of any portion of such an area or	1560
component;	1561

(2) During periods other than periods of low flow, as	1562
determined by rules adopted under section 1514.08 of the Revised	1563
Code;	1564

(3) During critical fish or mussel spawning seasons as	1565
determined by the chief of the division of wildlife under Chapter	1566
1531. of the Revised Code and rules adopted under it;	1567

(4) In an area known to possess critical spawning habitat	1568
for a species of fish or mussel that is on the federal endangered	1569
species list established in accordance with the "Endangered	1570
Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531-1543, as	1571
amended, or the state endangered species list established in rules	1572
adopted under section 1531.25 of the Revised Code.	1573

Division (G) of this section does not apply to the activities	1574
described in divisions (M)(1) and (2) of section 1514.01 of the	1575
Revised Code.	1576

Sec. 1514.11.  In addition to the purposes authorized in	1577
section 1514.06 of the Revised Code, the chief of the division of	1578
mineral resources management may use moneys in the surface mining	1579
fund created under that section for the administration and	1580
enforcement of this chapter, for the reclamation of land affected	1581
by surface or in-stream mining under a permit issued under this	1582
chapter that the operator failed to reclaim and for which the	1583
performance bond filed by the operator is insufficient to complete	1584
the reclamation, and for the reclamation of land affected by	1585
surface or in-stream mining that was abandoned and left	1586
unreclaimed and for which no permit was issued or bond filed under	1587
this chapter, and. Also, the chief may use the portion of the	1588
surface mining fund that consists of moneys collected from the	1589
severance taxes levied under section 5749.02 of the Revised Code	1590
for the mine safety and first aid classes provided under division	1591
(C) of section 1561.26 of the Revised Code. The chief, with the	1592
approval of the director of natural resources, annually shall	1593
determine the amounts to be expended for the mine safety and first	1594
aid classes. For purposes of this section, the chief shall expend	1595
moneys in the fund in accordance with the procedures and	1596
requirements established in section 1514.06 of the Revised Code	1597
and may enter into contracts and perform work in accordance with	1598
that section.	1599

Fees collected under sections 1514.02 and 1514.03 of the	1600
Revised Code, one-half of the moneys collected from the severance	1601
taxes levied under divisions (A)(3) and (4) of section 5749.02 of	1602
the Revised Code, and all of the moneys collected from the	1603
severance tax levied under division (A)(7) of section 5749.02 of	1604
the Revised Code shall be credited to the fund in accordance with	1605
those sections. Notwithstanding any section of the Revised Code	1606
relating to the distribution or crediting of fines for violations	1607
of the Revised Code, all fines imposed under section 1514.99 of	1608
the Revised Code shall be credited to the fund.	1609

Sec. 1514.12.  (A) Explosives shall be used in a manner that	1610
prevents injury to persons and damage to public or private	1611
property that is located outside the area for which a permit was	1612
issued under section 1514.02 or 1514.021 of the Revised Code.	1613

(B) The ground vibration resulting from the use of	1614
explosives when measured at any dwelling, public or commercial	1615
building, school, church, or community or institutional building	1616
that is located outside the area for which a permit was issued	1617
under section 1514.02 or 1514.021 of the Revised Code and that is	1618
not owned by the operator shall not exceed the frequency-dependent	1619
particle velocity limits listed in the "report of investigations	1620
8507, appendix B -- alternativeblasting level criteria, (1980),"	1621
published by the former United States bureau of mines, or other	1622
limits established by rule.	1623

(C) The airblast resulting from the use of explosives when	1624
measured with a two hertz high-pass system at any location listed	1625
in division (B) of this section shall not exceed a level of one	1626
hundred thirty-three decibels.	1627

(D) On and after July 1, 2003, all blasting in surface	1628
mining shall be conducted by persons who are trained and competent	1629
in blasting as certified by the chief of the division of mineral	1630
resources management or a certifying authority approved by the	1631
chief.	1632

(E) The chief shall adopt, and may amend and rescind, rules	1633
in accordance with Chapter 119. of the Revised Code establishing	1634
requirements and standards governing all of the following:	1635

(1) Seismographic monitoring and alternate methods to prove	1636
compliance with the ground vibration limits established under	1637
division (B) of this section and the airblast limits established	1638
under division (C) of this section;	1639

(2) Protection of any building or structure not listed in	1640
division (B) of this section;	1641

(3) Training, examination, and certification of persons	1642
conducting blasting in surface mining and suspension or revocation	1643
of certifications;	1644

(4) Standard blast warning and all-clear signals;

1645

(5) Blasting records and flyrock reporting requirements;

1646

(6) Safety measures for blasting in surface mining.

1647

(F) The chief may adopt rules under this section that	1648
establish limits on the amount of ground vibration resulting from	1649
the use of explosives that is permissible when measured at the	1650
locations described in division (B) of this section.	1651

Sec. 1514.13.  (A) The chief of the division of mineral	1652
resources management shall use the compilation of data for ground	1653
water modeling submitted under section 1514.02 of the Revised Code	1654
to establish a projected cone of depression for any surface mining	1655
operation that may result in dewatering. The chief shall consult	1656
with the chief of the division of water when projecting a cone of	1657
depression. An applicant for a surface mining permit for such an	1658
operation may submit ground water modeling that shows a projected	1659
cone of depression for that operation to the chief, provided that	1660
the modeling complies with rules adopted by the chief regarding	1661
ground water modeling. However, the chief shall establish the	1662
projected cone of depression for the purposes of this section.	1663

The chief shall adopt, and may amend and rescind, rules in	1664
accordance with Chapter 119. of the Revised Code establishing	1665
requirements and standards governing both of the following:	1666

(1) Ground water modeling for establishing a projected cone	1667
of depression. A ground water model shall be generally accepted	1668
in the scientific community.	1669

(2) Replacement of water supplies.

1670

(B)(1) If an owner of real property who obtains all or part	1671
of the owner's water supply for domestic, agricultural,	1672
industrial, or other legitimate use from ground water has a	1673
diminution, contamination, or interruption of that water supply	1674
and the owner's real property is located within the projected cone	1675
of depression of a surface mining operation established under this	1676
section, the owner may submit a written complaint to the operator	1677
of that operation or to the chief informing the operator or the	1678
chief that there is a diminution, contamination, or interruption	1679
of the owner's water supply. The complaint shall include the	1680
owner's name, address, and telephone number.	1681

If the chief receives a written complaint, the chief	1682
immediately shall send a copy of the complaint to the operator,	1683
and the operator immediately shall respond by sending the chief a	1684
statement that explains how the operator resolved or will resolve	1685
the complaint. If the operator receives a written complaint, the	1686
operator immediately shall send to the chief a copy of the	1687
complaint and include a statement that explains how the operator	1688
resolved or will resolve the complaint. Not later than	1689
seventy-two hours after receipt of the complaint, the operator	1690
shall provide the owner a supply of water that is comparable, in	1691
quantity and quality, to the owner's water supply prior to the	1692
diminution, contamination, or interruption of the owner's water	1693
supply. The operator shall maintain that water supply until the	1694
operator provides a permanent replacement water supply to the	1695
owner under division (B)(3) of this section or until the division	1696
of mineral resources management completes the evaluation under	1697
division (B)(2) of this section, whichever is applicable.	1698

(2) A rebuttable presumption exists that the operation	1699
caused the diminution, contamination, or interruption of the	1700
owner's water supply. However, not later than fourteen days after	1701
receipt of the complaint, the operator may submit to the division	1702
information showing that the operation is not the proximate cause	1703
of the diminution, contamination, or interruption of the owner's	1704
water supply. The division shall evaluate the information	1705
submitted by the operator to determine if the presumption is	1706
rebutted. If the operator fails to rebut the presumption, the	1707
division immediately shall notify the operator that the operator	1708
failed to rebut the presumption. Not later than fourteen days	1709
after receipt of that notice, the operator shall provide the owner	1710
a permanent replacement water supply that is comparable, in	1711
quantity and quality, to the owner's water supply prior to the	1712
diminution, contamination, or interruption of the owner's water	1713
supply. If the operator rebuts the presumption, the division	1714
immediately shall notify the operator that the operator rebutted	1715
the presumption, and, upon receipt of that notice, the operator	1716
may cease providing a supply of water to the owner under division	1717
(B)(1) of this section.	1718

(3) If, within fourteen days after receipt of the complaint,	1719
the operator does not submit to the division information showing	1720
that the operation is not the proximate cause of the diminution,	1721
contamination, or interruption of the owner's water supply, the	1722
operator shall provide the owner, not later than twenty-eight days	1723
after receipt of the complaint, a permanent replacement water	1724
supply that is comparable, in quantity and quality, to the owner's	1725
water supply prior to the diminution, contamination, or	1726
interruption of the owner's water supply.	1727

(4) The division may investigate a complaint under division	1728
(B) of this section.	1729

(C) If an owner of real property who obtains all or part of	1730
the owner's water supply for domestic, agricultural, industrial,	1731
or other legitimate use from ground water has a diminution,	1732
contamination, or interruption of that water supply and the	1733
owner's real property is not located within the projected cone of	1734
depression of a surface mining operation established under this	1735
section, the owner may submit a written complaint to the operator	1736
of that operation or to the chief informing the operator or the	1737
chief that there is a diminution, contamination, or interruption	1738
of the owner's water supply. The complaint shall include the	1739
owner's name, address, and telephone number.	1740

If the operator receives a written complaint, the operator	1741
immediately shall send the chief a copy of the complaint. If the	1742
chief receives a written complaint, the chief immediately shall	1743
send the operator a copy of the complaint. The chief shall	1744
investigate any complaint submitted under this division and, upon	1745
completion of the investigation, immediately shall send the	1746
results of the investigation to the operator and to the owner that	1747
filed the complaint.	1748

An owner that submits a written complaint under this division	1749
may resolve the diminution, contamination, or interruption of the	1750
owner's water supply with the operator of that operation or may	1751
commence a civil action for that purpose.	1752

(D) An operator may request the chief to amend the plan of	1753
mining and reclamation filed with the application under section	1754
1514.02 of the Revised Code when a ground water user may affect	1755
the projected cone of depression established for the operation	1756
under division (A) of this section. The operator shall submit	1757
additional data that reflect the ground water user's impact on the	1758
ground water. The chief shall perform ground water modeling using	1759
the additional data and may establish a revised projected cone of	1760
depression for that operation.	1761

(E) This section shall not be construed as creating,	1762
modifying, or affecting any right, liability, or remedy of surface	1763
riparian owners.	1764

Sec. 1514.99.  (A) Whoever violates division (A)(1) or (2)	1765
of section 1514.10 of the Revised Code may be fined not more than	1766
five thousand dollars plus not more than one thousand dollars per	1767
acre of land affected, and is responsible for achieving	1768
reclamation of the land as required pursuant to Chapter 1514. of	1769
the Revised Codethis chapter.	1770

(B) Whoever violates division (B) of section 1514.10 of the	1771
Revised Code may be fined not more than one thousand dollars per	1772
acre of land affected that is not under permit, and is responsible	1773
for achieving reclamation of the land as required pursuant to	1774
Chapter 1514. of the Revised Codethis chapter.	1775

(C) Whoever violates division (C) of section 1514.10 of the	1776
Revised Code may be fined not less than one hundred nor more than	1777
one thousand dollars, or imprisoned not more than six months, or	1778
both.	1779

(D) Whoever violates division (D), (E), (F), or (G) of	1780
section 1514.10 of the Revised Code may be fined not less than one	1781
hundred nor more than one thousand dollars for a first offense.	1782
For each subsequent offense, on one or more permits held by such	1783
persons, such person may be fined not less than two hundred nor	1784
more than five thousand dollars, or imprisoned not more than six	1785
months, or both. The permit of any person convicted of a third	1786
offense may be revoked by the court at the time of suchthat	1787
conviction, and suchthe court at suchthat time may further order	1788
that no permit or amendment to a permit may be issued to suchthat	1789
person under Chapter 1514. of the Revised Codethis chapter for a	1790
period of five years from the date of suchthe conviction. Nothing	1791
contained in this section shall be construed to limit or affect	1792
the authority of the chief of the division of mineral resources	1793
management granted by this chapter.	1794

Sec. 1561.12.  An applicant for any examination or	1795
certificate under this section shall, before being examined,	1796
register the applicant's name with the chief of the division of	1797
mineral resources management and file with the chief an affidavit	1798
as to all matters of fact establishing the applicant's right to	1799
receive the examination, a certificate of good character and	1800
temperate habits signed by at least three reputable citizens of	1801
the community in which the applicant resides, and a certificate	1802
from a reputable and disinterested physician as to the physical	1803
condition of such applicant showing that the applicant is	1804
physically capable of performing the duties of the office or	1805
position.	1806

Each applicant for examination for any of the following	1807
positions shall present evidence satisfactory to the chief that	1808
the applicant has been a resident and citizen of this state for	1809
two years next preceding the date of application:	1810

(A) An applicant for the position of deputy mine inspector	1811
of underground mines shall have had actual practical experience of	1812
not less than six years, at least two of which shall have been in	1813
the underground workings of mines in this state. In the case of	1814
an applicant who would inspect underground coal mines, the two	1815
years shall consist of actual practical experience in underground	1816
coal mines. In the case of an applicant who would inspect noncoal	1817
mines, the two years shall consist of actual practical experience	1818
in noncoal mines. In lieu of two years of the actual practical	1819
experience required, the chief may accept as the equivalent	1820
thereof a certificate evidencing graduation from an accredited	1821
school of mines or mining, after a four-year course of study, but	1822
such credit shall not apply as to the two years' actual practical	1823
experience required in the mines in this state.	1824

The applicant shall pass an examination as to the	1825
applicant's practical and technological knowledge of mine	1826
surveying, mining machinery, and appliances; the proper	1827
development and operation of mines; the best methods of working	1828
and ventilating mines; the nature, properties, and powers of	1829
noxious, poisonous, and explosive gases, particularly methane; the	1830
best means and methods of detecting, preventing, and removing the	1831
accumulation of such gases; the use and operation of gas detecting	1832
devices and appliances; first aid to the injured; and the uses and	1833
dangers of electricity as applied and used in, at, and around	1834
mines. Such applicant shall also hold a certificate for	1835
foreperson of gaseous mines issued by the chief.	1836

(B) An applicant for the position of deputy mine inspector	1837
of surface mines shall have had actual practical mining experience	1838
of not less than six years, at least two of which shall have been	1839
in surface coal mines in this state. In lieu of two years of the	1840
actual practical experience required, the chief may accept as the	1841
equivalent thereof a certificate evidencing graduation from an	1842
accredited school of mines or mining, after a four-year course of	1843
study, but that credit shall not apply as to the two years' actual	1844
practical experience required in the coal mines in this state. The	1845
applicant shall pass an examination as to the applicant's	1846
practical and technological knowledge of surface mine surveying,	1847
machinery, and appliances; the proper development and operations	1848
of surface mines; first aid to the injured; and the use and	1849
dangers of explosives and electricity as applied and used in, at,	1850
and around surface mines. The applicant shall also hold a surface	1851
mine foreperson certificate issued by the chief.	1852

(C) An applicant for the position of electrical inspector	1853
shall have had at least five years' practical experience in the	1854
installation and maintenance of electrical circuits and equipment	1855
in mines, and the applicant shall be thoroughly familiar with the	1856
principles underlying the safety features of permissible and	1857
approved equipment as authorized and used in mines.	1858

The applicant shall be required to pass the examination	1859
required for deputy mine inspectors and an examination testing and	1860
determining the applicant's qualification and ability to	1861
competently inspect and administer the mining law that relates to	1862
electricity used in and around mines and mining in this state.	1863

(D) An applicant for the position of superintendent or	1864
assistant superintendent of rescue stations shall possess the same	1865
qualifications as those required for a deputy mine inspector. In	1866
addition, the applicant shall present evidence satisfactory to	1867
the chief that the applicant is sufficiently qualified and	1868
trained to organize, supervise, and conduct group training classes	1869
in first aid, safety, and rescue work.	1870

The applicant shall pass the examination required for deputy	1871
mine inspectors and shall be tested as to the applicant's	1872
practical and technological experience and training in first aid,	1873
safety, and mine rescue work.	1874

(E) An applicant for the position of mine chemist shall have	1875
such educational training as is represented by the degree MS in	1876
chemistry from a university of recognized standing, and at least	1877
five years of actual practical experience in research work in	1878
chemistry or as an assistant chemist. The chief may provide that	1879
an equivalent combination of education and experience together	1880
with a wide knowledge of the methods of and skill in chemical	1881
analysis and research may be accepted in lieu of the above	1882
qualifications. It is preferred that such chemist shall have had	1883
actual experience in mineralogy and metallurgy.	1884

(F) An applicant for the position of gas storage well	1885
inspector shall possess the same qualifications as an applicant	1886
for the position of deputy mine inspector and shall have a	1887
practical knowledge and experience of and in the operation,	1888
location, drilling, maintenance, and abandonment of oil and gas	1889
wells, especially in coal or mineral bearing townships, and shall	1890
have a thorough knowledge of the latest and best method of	1891
plugging and sealing abandoned oil and gas wells.	1892

Such applicant for gas storage well inspector shall pass an	1893
examination conducted by the chief to determine the applicant's	1894
fitness to act as a gas storage well inspector before being	1895
eligible for appointment.	1896

Section 2.  That existing sections 1514.01, 1514.02,	1897
1514.021, 1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 1514.08,	1898
1514.09, 1514.10, 1514.11, 1514.99, and 1561.12 of the Revised	1899
Code are hereby repealed.	1900