As Passed by the House

126th General Assembly
Regular Session
2005-2006
Am. Sub. H. B. No. 443


Representatives Uecker, Aslanides, McGregor, J., Setzer, Book, Carmichael, Combs, Flowers, Seitz 



A BILL
To amend sections 123.04, 303.14, 307.37, 519.14, 1
1501.011, 1501.02, 1501.07, 1501.23, 1501.32, 2
1502.01, 1502.03, 1502.12, 1504.02, 1506.04, 3
1507.01, 1510.04, 1511.021, 1513.01, 1513.02, 4
1513.07, 1513.071, 1513.08, 1513.13, 1513.16, 5
1513.17, 1513.18, 1513.181, 1513.29, 1513.30, 6
1513.37, 1514.01, 1514.03, 1514.04, 1514.05, 7
1514.06, 1514.09, 1514.11, 1514.99, 1515.10, 8
1515.211, 1517.02, 1517.10, 1517.11, 1520.02, 9
1520.03, 1520.05, 1520.07, 1521.01, 1521.04, 10
1521.05, 1521.06, 1521.061, 1521.062, 1521.064, 11
1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 12
1531.01, 1531.02, 1531.04, 1531.06, 1531.10, 13
1531.20, 1531.27, 1531.99, 1533.07, 1533.08, 14
1533.09, 1533.10, 1533.11, 1533.12, 1533.131, 15
1533.171, 1533.42, 1533.632, 1533.68, 1533.86, 16
1533.882, 1533.99, 1541.03, 1541.05, 1541.40, 17
1547.05, 1547.08, 1547.51, 1547.54, 1547.541, 18
1547.99, 1548.02, 1567.35, 4115.04, and 5749.02; 19
to enact sections 303.141, 519.141, 1501.45, 20
1513.075, 1513.081, 1513.171, 1513.182, 1513.371, 21
1514.011, 1514.051, 1514.40 to 1514.47, 1514.50, 22
1515.093, 1548.031, 1548.032, 1561.011, 1563.01, 23
1565.01, 1567.01, 1571.011, 2305.041, 5577.081, 24
and 5749.11; and to repeal sections 1502.11, 25
1513.10, 1521.08, and 1533.78 of the Revised Code 26
to revise the statutes governing the Department of 27
Natural Resources; to make changes to the law 28
governing coal mining, including increasing the 29
severance tax on coal and revising the 30
distribution of revenue from that tax; to make 31
changes to the law governing the mining of 32
industrial minerals, including revising zoning 33
provisions related to such mining; and to make 34
other changes.35


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

       Section 1. That sections 123.04, 303.14, 307.37, 519.14, 36
1501.011, 1501.02, 1501.07, 1501.23, 1501.32, 1502.01, 1502.03, 37
1502.12, 1504.02, 1506.04, 1507.01, 1510.04, 1511.021, 1513.01, 38
1513.02, 1513.07, 1513.071, 1513.08, 1513.13, 1513.16, 1513.17, 39
1513.18, 1513.181, 1513.29, 1513.30, 1513.37, 1514.01, 1514.03, 40
1514.04, 1514.05, 1514.06, 1514.09, 1514.11, 1514.99, 1515.10, 41
1515.211, 1517.02, 1517.10, 1517.11, 1520.02, 1520.03, 1520.05, 42
1520.07, 1521.01, 1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 43
1521.064, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1531.01, 44
1531.02, 1531.04, 1531.06, 1531.10, 1531.20, 1531.27, 1531.99, 45
1533.07, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131, 46
1533.171, 1533.42, 1533.632, 1533.68, 1533.86, 1533.882, 1533.99, 47
1541.03, 1541.05, 1541.40, 1547.05, 1547.08, 1547.51, 1547.54, 48
1547.541, 1547.99, 1548.02, 1567.35, 4115.04, and 5749.02 be 49
amended and sections 303.141, 519.141, 1501.45, 1513.075, 50
1513.081, 1513.171, 1513.182, 1513.371, 1514.011, 1514.051, 51
1514.40, 1514.41, 1514.42, 1514.43, 1514.44, 1514.45, 1514.46, 52
1514.47, 1514.50, 1515.093, 1548.031, 1548.032, 1561.011, 1563.01, 53
1565.01, 1567.01, 1571.011, 2305.041, 5577.081, and 5749.11 of the 54
Revised Code be enacted to read as follows:55

       Sec. 123.04.  The director of administrative services shall 56
be appointed superintendent of public works and shall have the 57
care and control of the public works of the state except as 58
provided in section 1521.08 of the Revised Code and shall protect, 59
maintain, and keep them in repair.60

       Subject to the approval of the governor, the director may 61
purchase on behalf of the state such real or personal property, 62
rights, or privileges as are necessary, in the director's 63
judgment, to acquire in the maintenance of the public works or 64
their improvement.65

       Any instrument by which the state or an agency of the state 66
acquires real property pursuant to this section shall identify the 67
agency of the state that has the use and benefit of the real 68
property as specified in section 5301.012 of the Revised Code.69

       Sec. 303.14.  The county board of zoning appeals may:70

       (A) Hear and decide appeals where it is alleged there is71
error in any order, requirement, decision, or determination made72
by an administrative official in the enforcement of sections73
303.01 to 303.25 of the Revised Code, or of any resolution adopted 74
pursuant thereto;75

       (B) Authorize upon appeal, in specific cases, such variance 76
from the terms of the zoning resolution as will not be contrary to 77
the public interest, where, owing to special conditions, a literal 78
enforcement of the resolution will result in unnecessary hardship, 79
and so that the spirit of the resolution shall be observed and 80
substantial justice done;81

       (C) Grant conditional zoning certificates for the use of82
land, buildings, or other structures if such certificates for83
specific uses are provided for in the zoning resolution;. If the 84
board considers conditional zoning certificates for activities 85
that are permitted and regulated under Chapter 1514. of the 86
Revised Code or activities that are related to making finished 87
aggregate products, the board shall proceed in accordance with 88
section 303.141. of the Revised Code.89

       (D) Revoke an authorized variance or conditional zoning90
certificate granted for the extraction of minerals, if any91
condition of the variance or certificate is violated.92

       The board shall notify the holder of the variance or93
certificate by certified mail of its intent to revoke the variance 94
or certificate under division (D) of this section and of histhe 95
holder's right to a hearing before the board within thirty days of 96
the mailing of the notice if hethe holder so requests. If the97
holder requests a hearing, the board shall set a time and place 98
for the hearing and notify the holder. At the hearing, the holder 99
may appear in person, by his attorney, or by other representative,100
or hethe holder may present histhe holder's position in writing. 101
HeThe holder may present evidence and examine witnesses appearing 102
for or against himthe holder. If no hearing is requested, the 103
board may revoke the variance or certificate without a hearing. 104
The authority to revoke a variance or certificate is in addition 105
to any other means of zoning enforcement provided by law.106

       In exercising the above-mentioned powers, suchthe board may,107
in conformity with such sections, reverse or affirm, wholly or108
partly, or modify the order, requirement, decision, or109
determination appealed from and may make such order, requirement,110
decision, or determination as ought to be made, and to that end111
has all powers of the officer from whom the appeal is taken.112

       Sec. 303.141. (A) If a county board of zoning appeals 113
considers conditional zoning certificates for activities that are 114
permitted and regulated under Chapter 1514. of the Revised Code or 115
activities that are related to making finished aggregate products, 116
the board shall not consider or base its determination on matters 117
that are regulated by any federal, state, or local agency. 118
However, the board may require as a condition of the approval of a 119
conditional zoning certificate for such an activity compliance 120
with any general standards contained in the zoning resolution that 121
apply to all conditional uses that are provided for in the zoning 122
resolution and, except as provided in division (C) of this 123
section, may require any specified measure, including, but not 124
limited to, one or more of the following:125

       (1) Inspections of nearby structures and water wells to 126
determine structural integrity and water levels;127

       (2) Compliance with applicable federal, state, and local laws 128
and regulations;129

       (3) Identification of specific roads in accordance with 130
division (B) of this section to be used as the primary means of 131
ingress to and egress from the proposed activity;132

       (4) Compliance with reasonable noise abatement measures;133

       (5) Compliance with reasonable dust abatement measures;134

       (6) Establishment of setbacks, berms, and buffers for the 135
proposed activity;136

       (7) Establishment of a complaint procedure;137

       (8) Any other measure reasonably related to public health and 138
safety.139

       (B)(1) For purposes of this section and section 519.141 of 140
the Revised Code, and prior to the submission of an application 141
for a conditional zoning certificate, an applicant shall send 142
written notice to the county engineer of the applicant's intent to 143
apply for a conditional zoning certificate. Not later than 144
fourteen days after receipt of the written notice, the county 145
engineer shall establish the time, date, and location of a meeting 146
with the applicant and send written notice of the time, date, and 147
location of the meeting to the applicant and to the fiscal officer 148
of each township in which the proposed activity is to be located 149
or expanded. At the meeting, the applicant shall explain the 150
proposed location of the activity or expansion of an existing 151
activity, the anticipated amount of aggregate material to be 152
shipped by truck from the activity, and the anticipated primary 153
market areas for the finished aggregate products leaving the 154
activity.155

       Not later than thirty days after the meeting with the 156
applicant, the county engineer shall submit a written 157
recommendation of specific roads to be used as the primary means 158
of ingress to and egress from the proposed activity to the board 159
of county commissioners. In making the recommendation, the county 160
engineer shall consider all of the following:161

       (a) The ability of each road to handle the anticipated 162
recurring loads resulting from trucks entering and leaving the 163
proposed activity;164

       (b) The present condition of each road;165

       (c) The amount of residential development that exists along 166
each road;167

       (d) The most direct route from the proposed activity to a 168
state highway unless another route is more capable of 169
accommodating the anticipated recurring loads and will result in 170
fewer conflicts with existing residential development.171

       (2) At the next regularly scheduled meeting of the board of 172
county commissioners after receipt of a written recommendation 173
under division (B)(1) of this section, the board shall adopt the 174
recommendation or adopt the recommendation with modifications. If 175
the board adopts the recommendation with modifications, the board 176
shall base the modifications only on the criteria established in 177
divisions (B)(1)(a) to (d) of this section. The board may adopt 178
the recommendation with modifications only by a unanimous vote. 179
The board shall send written notice of the adoption of the 180
recommendation or the recommendation with modifications to the 181
county board of zoning appeals.182

       (3) For purposes of this section and section 519.141 of the 183
Revised Code, a decision of a board of county commissioners under 184
division (B)(2) of this section is final ten days after the board 185
adopts the recommendation or the recommendation with modifications 186
unless the applicant or an affected board of township trustees 187
submits written notice of appeal within ten days after the board's 188
action. If the board of county commissioners receives a timely 189
written notice of appeal, the board shall conduct an appeal 190
hearing concerning its decision not later than fourteen days after 191
receipt of the notice. If the board of county commissioners 192
receives more than one timely written notice of appeal, the board 193
may conduct one appeal hearing concerning all of the notices of 194
appeal.195

       For purposes of an appeal hearing that is held under this 196
division, the applicant or a board of township trustees that 197
submitted written notice of appeal may present testimony for the 198
board of county commissioners to consider concerning its decision 199
under division (B)(2) of this section. At the hearing, the 200
applicant or the board of township trustees may be represented by 201
an attorney. A witness at the hearing shall testify under oath or 202
affirmation, which any member of the board of county commissioners 203
may administer. A witness at the hearing shall be subject to 204
cross-examination.205

       Not later than fourteen days after the hearing, the board of 206
county commissioners shall affirm its decision under division 207
(B)(2) of this section or, based on the testimony at the hearing, 208
modify its decision. The board shall send written notice of its 209
decision to the applicant, any board of township trustees that 210
submitted written notice of appeal, and the county board of zoning 211
appeals.212

       A decision of a board of county commissioners under this 213
division is final unless vacated or modified upon judicial review.214

       (4) An applicant or a board of township trustees that 215
submitted written notice of appeal under division (B)(3) of this 216
section may appeal a decision of a board of county commissioners 217
under that division to the court of common pleas of the county in 218
which the activity is proposed to be located or expanded pursuant 219
to section 2506.01 of the Revised Code.220

       (C) When granting a conditional zoning certificate, a county 221
board of zoning appeals shall not require the identification of 222
specific roads, as otherwise authorized in division (A)(3) of this 223
section, and the identification of specific roads in accordance 224
with division (B) of this section shall not apply, for any of the 225
following:226

       (1) The transfer of unfinished aggregate material between 227
facilities that are under the control of the same owner or 228
operator;229

       (2) The loading or unloading of finished aggregate product 230
within a ten-mile radius of a surface mining operation;231

       (3) The expansion of an existing surface mining operation 232
when the specific road that is used as the primary means of 233
ingress to and egress from the operation will be the same road 234
that is used for that purpose after the expansion of the facility.235

       (D) The identification of specific roads in accordance with 236
division (B) of this section to be used as the primary means of 237
ingress to and egress from a proposed activity becomes effective 238
only upon the granting of a conditional zoning certificate.239

       (E) As used in this section, "surface mining operation" has 240
the same meaning as in section 1514.01 of the Revised Code.241

       Sec. 307.37. (A) As used in division (B)(3) of this section, 242
"proposed new construction" means a proposal to erect, construct, 243
repair, alter, redevelop, or maintain a single-family, two-family, 244
or three-family dwelling or any structure that is regulated by the 245
Ohio building code.246

       (B)(1)(a) The board of county commissioners may adopt local 247
residential building regulations governing residential buildings 248
as defined in section 3781.06 of the Revised Code, to be enforced 249
within the unincorporated area of the county or within districts 250
the board establishes in any part of the unincorporated area. No 251
local residential building regulation shall differ from the state 252
residential building code the board of building standards 253
establishes pursuant to Chapter 3781. of the Revised Code unless 254
the regulation addresses subject matter not addressed by the state 255
residential building code or is adopted pursuant to section 256
3781.01 of the Revised Code.257

       (b) The board of county commissioners may, by resolution, 258
adopt, administer, and enforce within the unincorporated area of 259
the county, or within districts the board establishes in the 260
unincorporated area, an existing structures code pertaining to the 261
repair and continued maintenance of structures and the premises of 262
those structures provided that the existing structures code 263
governs subject matter not addressed by, and is not in conflict 264
with, the state residential building code adopted pursuant to 265
Chapter 3781. of the Revised Code. The board may adopt by 266
incorporation by reference a model or standard code prepared and 267
promulgated by the state, any agency of this state, or any private 268
organization that publishes a recognized or standard existing 269
structures code.270

       (c) The board shall assign the duties of administering and 271
enforcing any local residential building regulations or existing 272
structures code to a county officer or employee who is trained and 273
qualified for those duties and shall establish by resolution the 274
minimum qualifications necessary to perform those duties.275

       (2) The board may adopt regulations for participation in the 276
national flood insurance program established in the "Flood 277
Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002,278
as amended,defined in section 1521.01 of the Revised Code and 279
regulations adopted for the purposes of section 1506.04 or 1506.07 280
of the Revised Code governing the prohibition, location, erection, 281
construction, redevelopment, or floodproofing of new buildings or 282
structures, substantial improvements to existing buildings or 283
structures, or other development in unincorporated territory 284
within flood hazard areas identified under the "Flood Disaster 285
Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as 286
amended, or within Lake Erie coastal erosion areas identified287
under section 1506.06 of the Revised Code, including, but not 288
limited to, residential, commercial, institutional, or industrial 289
buildings or structures or other permanent structures, as defined 290
in section 1506.01 of the Revised Code. Rules adopted under 291
division (B)(2) of this section shall not conflict with the state 292
residential and nonresidential building codes adopted pursuant to 293
section 3781.10 of the Revised Code.294

       (3)(a) A board may adopt regulations that provide for a 295
review of the specific effects of a proposed new construction on296
existing surface or subsurface drainage. The regulations may297
require reasonable drainage mitigation and reasonable alteration 298
of a proposed new construction before a building permit is issued 299
in order to prevent or correct any adverse effects that the 300
proposed new construction may have on existing surface or 301
subsurface drainage. The regulations shall not be inconsistent 302
with, more stringent than, or broader in scope than standards 303
adopted by the natural resource conservation service in the United 304
States department of agriculture concerning drainage or rules 305
adopted by the environmental protection agency for reducing, 306
controlling, or mitigating storm water runoff from construction 307
sites, where applicable. The regulations shall allow a person who 308
is registered under Chapter 4703. or 4733. of the Revised Code to 309
prepare and submit relevant plans and other documents for review, 310
provided that the person is authorized to prepare the plans and 311
other documents pursuant to the person's registration.312

       (b) If regulations are adopted under division (B)(3) of this313
section, the board shall specify in the regulations a procedure314
for the review of the specific effects of a proposed new315
construction on existing surface or subsurface drainage. The316
procedure shall include at a minimum all of the following:317

       (i) A meeting at which the proposed new construction shall be318
examined for those specific effects. The meeting shall be held319
within thirty days after an application for a building permit is320
filed or a review is requested unless the applicant agrees in 321
writing to extend that time period or to postpone the meeting to 322
another date, time, or place. The meeting shall be scheduled 323
within five days after an application for a building permit is 324
filed or a review is requested.325

        (ii) Written notice of the date, time, and place of that326
meeting, sent by regular mail to the applicant. The written notice 327
shall be mailed at least seven days before the scheduled meeting 328
date.329

        (iii) Completion of the review by the board of county330
commissioners not later than thirty days after the application for331
a building permit is filed or a review is requested unless the 332
applicant has agreed in writing to extend that time period or 333
postpone the meeting to a later time, in which case the review 334
shall be completed not later than two days after the date of the 335
meeting. A complete review shall include the issuance of any order 336
of the board of county commissioners regarding necessary 337
reasonable drainage mitigation and necessary reasonable 338
alterations to the proposed new construction to prevent or correct 339
any adverse effects on existing surface or subsurface drainage so 340
long as those alterations comply with the state residential and 341
nonresidential building codes adopted pursuant to section 3781.10 342
of the Revised Code. If the review is not completed within the343
thirty-day period or an extended or postponed period that the344
applicant has agreed to, the proposed new construction shall be345
deemed to have no adverse effects on existing surface or346
subsurface drainage, and those effects shall not be a valid basis347
for the denial of a building permit.348

        (iv) A written statement, provided to the applicant at the349
meeting or in an order for alterations to a proposed new350
construction, informing the applicant of the right to seek351
appellate review of the denial of a building permit under division352
(B)(3)(b)(iii) of this section by filing a petition in accordance353
with Chapter 2506. of the Revised Code.354

        (c) The regulations may authorize the board, after obtaining 355
the advice of the county engineer, to enter into an agreement with 356
the county engineer or another qualified person or entity to carry 357
out any necessary inspections and make evaluations about what, if 358
any, alterations are necessary to prevent or correct any adverse359
effects that a proposed new construction may have on existing360
surface or subsurface drainage.361

       (d) Regulations adopted pursuant to division (B)(3) of this362
section shall not apply to any property that a platting authority 363
has approved under section 711.05, 711.09, or 711.10 of the 364
Revised Code and shall not govern the same subject matter as the 365
state residential or nonresidential building codes adopted 366
pursuant to section 3781.10 of the Revised Code.367

       (e) As used in division (B)(3) of this section, "subsurface368
drainage" does not include a household sewage treatment system as369
defined in section 3709.091 of the Revised Code.370

       (C)(1) Any regulation, code, or amendment may be adopted 371
under this section only after a public hearing at not fewer than 372
two regular or special sessions of the board. The board shall 373
cause notice of any public hearing to be published in a newspaper 374
of general circulation in the county once a week for the two 375
consecutive weeks immediately preceding the hearing, except that 376
if the board posts the hearing notice on the board's internet site 377
on the world wide web, the board need publish only one notice of 378
the hearing in a newspaper of general circulation if that 379
newspaper notice includes the board's internet site and a 380
statement that the notice is also posted on the internet site. Any 381
notice of a public hearing shall include the time, date, and place 382
of the hearing.383

       (2) Any proposed regulation, code, or amendment shall be made 384
available to the public at the board office. The regulations or 385
amendments shall take effect on the thirty-first day following the 386
date of their adoption.387

       (D)(1) No person shall violate any regulation, code, or 388
amendment the board adopts under sections 307.37 to 307.40 of the 389
Revised Code.390

       (2) Each day during which an illegal location, erection,391
construction, floodproofing, repair, alteration, development,392
redevelopment, or maintenance continues may be considered a393
separate offense.394

       (E) Regulations or amendments the board adopts pursuant to 395
this section, with the exception of an existing structures code, 396
do not affect buildings or structures that exist or on which397
construction has begun on or before the date the board adopts the 398
regulation or amendment.399

       (F)(1) The board may create a building department and employ 400
the personnel it determines necessary to administer and enforce 401
any local residential building regulations or existing structures 402
code the board adopts pursuant to this section. The building 403
department may enforce the state residential and nonresidential 404
building codes adopted pursuant to Chapter 3781. of the Revised 405
Code if the building department is certified pursuant to section 406
3781.10 of the Revised Code to enforce those codes.407

        (2) The board may direct the building department, upon 408
certification, to exercise enforcement authority and to accept and409
approve plans pursuant to sections 3781.03 and 3791.04 of the410
Revised Code for the class of building for which the department 411
and personnel are certified.412

       Sec. 519.14.  The township board of zoning appeals may:413

       (A) Hear and decide appeals where it is alleged there is414
error in any order, requirement, decision, or determination made415
by an administrative official in the enforcement of sections416
519.02 to 519.25 of the Revised Code, or of any resolution adopted 417
pursuant thereto;418

       (B) Authorize, upon appeal, in specific cases, such variance 419
from the terms of the zoning resolution as will not be contrary to 420
the public interest, where, owing to special conditions, a literal 421
enforcement of the resolution will result in unnecessary hardship, 422
and so that the spirit of the resolution shall be observed and 423
substantial justice done;424

       (C) Grant conditional zoning certificates for the use of425
land, buildings, or other structures if such certificates for426
specific uses are provided for in the zoning resolution. If the 427
board considers conditional zoning certificates for activities 428
that are permitted and regulated under Chapter 1514. of the 429
Revised Code or activities that are related to making finished 430
aggregate products, the board shall proceed in accordance with 431
section 519.141 of the Revised Code.432

       (D) Revoke an authorized variance or conditional zoning433
certificate granted for the extraction of minerals, if any434
condition of the variance or certificate is violated.435

       The board shall notify the holder of the variance or436
certificate by certified mail of its intent to revoke the variance 437
or certificate under division (D) of this section and of histhe 438
holder's right to a hearing before the board, within thirty days 439
of the mailing of the notice, if hethe holder so requests. If the440
holder requests a hearing, the board shall set a time and place 441
for the hearing and notify the holder. At the hearing, the holder 442
may appear in person, by histhe holder's attorney, or by other443
representative, or hethe holder may present histhe holder's444
position in writing. HeThe holder may present evidence and445
examine witnesses appearing for or against himthe holder. If no 446
hearing is requested, the board may revoke the variance or 447
certificate without a hearing. The authority to revoke a variance 448
or certificate is in addition to any other means of zoning449
enforcement provided by law.450

       In exercising the above-mentioned powers, suchthe board may,451
in conformity with such sections, reverse or affirm, wholly or452
partly, or may modify the order, requirement, decision, or453
determination appealed from, and may make such order, requirement, 454
decision, or determination as ought to be made, and to that end 455
has all powers of the officer from whom the appeal is taken.456

       Sec. 519.141. (A) If a township board of zoning appeals 457
considers conditional zoning certificates for activities that are 458
permitted and regulated under Chapter 1514. of the Revised Code or 459
activities that are related to making finished aggregate products, 460
the board shall not consider or base its determination on matters 461
that are regulated by any federal, state, or local agency. 462
However, the board may require as a condition of the approval of a 463
conditional zoning certificate for such an activity compliance 464
with any general standards contained in the zoning resolution that 465
apply to all conditional uses that are provided for in the zoning 466
resolution and, except as provided in division (C) of this 467
section, may require any specified measure, including, but not 468
limited to, one or more of the following:469

       (1) Inspections of nearby structures and water wells to 470
determine structural integrity and water levels;471

       (2) Compliance with applicable federal, state, and local laws 472
and regulations;473

       (3) Identification of specific roads in accordance with 474
division (B) of section 303.141 of the Revised Code to be used as 475
the primary means of ingress to and egress from the proposed 476
activity;477

       (4) Compliance with reasonable noise abatement measures;478

       (5) Compliance with reasonable dust abatement measures;479

       (6) Establishment of setbacks, berms, and buffers for the 480
proposed activity;481

       (7) Establishment of a complaint procedure;482

       (8) Any other measure reasonably related to public health and 483
safety.484

       (B)(1) Prior to the submission of an application for a 485
conditional zoning certificate, an applicant, in accordance with 486
division (B) of section 303.141 of the Revised Code, shall send 487
written notice to the county engineer of the applicant's intent to 488
apply for a conditional zoning certificate. The county engineer 489
and the applicable board of county commissioners shall proceed in 490
accordance with divisions (B)(1) to (3) of section 303.141 of the 491
Revised Code. As provided in division (B)(3) of that section, the 492
applicant or an affected board of township trustees may submit 493
written notice of appeal regarding a decision of the board of 494
county commissioners under division (B)(2) of that section.495

       (2) An applicant or a board of township trustees that 496
submitted written notice of appeal under division (B)(3) of 497
section 303.141 of the Revised Code may appeal a decision of a 498
board of county commissioners under that division to the court of 499
common pleas of the county in which the activity is proposed to be 500
located or expanded pursuant to section 2506.01 of the Revised 501
Code.502

       (C) When granting a conditional zoning certificate, a 503
township board of zoning appeals shall not require the 504
identification of specific roads, as otherwise authorized in 505
division (A)(3) of section 303.141 of the Revised Code, and the 506
identification of specific roads in accordance with division (B) 507
of that section shall not apply, for any of the following:508

       (1) The transfer of unfinished aggregate material between 509
facilities that are under the control of the same owner or 510
operator;511

       (2) The loading or unloading of finished aggregate product 512
within a ten-mile radius of a surface mining operation;513

       (3) The expansion of an existing surface mining operation 514
when the specific road that is used as the primary means of 515
ingress to and egress from the operation will be the same road 516
that is used for that purpose after the expansion of the facility.517

       (D) The identification of specific roads in accordance with 518
this section and division (B) of section 303.141 of the Revised 519
Code to be used as the primary means of ingress to and egress from 520
a proposed activity becomes effective only upon the granting of a 521
conditional zoning certificate.522

       (E) As used in this section, "surface mining operation" has 523
the same meaning as in section 1514.01 of the Revised Code.524

       Sec. 1501.011. (A) The department of natural resources has 525
the following powers in addition to its other powers: to prepare, 526
or contract to be prepared, surveys, general and detailed plans,527
specifications, bills of materials, and estimates of cost for, to528
enter into contracts for, and to supervise the performance of529
labor, the furnishing of materials, or the construction, repair,530
or maintenance of any projects, improvements, or buildings, on531
lands and waters under the control of the department, as may be532
authorized by legislative appropriations or any other funds533
available therefor.534

       (B) Except in cases of extreme public exigency or emergency535
as provided in division (E) of this section, the director of 536
natural resources shall publish notice in a newspaper of general 537
circulation in the countyregion where the contractactivity for 538
which bids are submitted is to be letoccur and in any other 539
newspapers that the director determines are appropriate, at least 540
once each week for four consecutive weeks, the last publication to 541
be at least eight days preceding the day for opening bids, seeking 542
proposals on each contract for the performance of labor, the 543
furnishing of materials, or the construction, repair, or 544
maintenance of projects, improvements, or buildings, as necessary 545
for compliance with provisions of the act to make appropriations 546
for capital improvements or the act to make general 547
appropriations, and hethe director may also advertise in such 548
trade journals as will afford adequate information to the public549
of the terms of the contract and the nature of the work to be550
performed, together with the time of the letting and place and551
manner of receiving proposals, and the places where plans and552
specifications are on file. A proposal is invalid and shall not be 553
considered by the department unless the form for proposals554
specified by the department is used without change, alteration, or 555
addition.556

       (C) Each bidder for a contract for the performance of labor,557
the furnishing of materials, or the maintenance, construction,558
demolition, alteration, repair, or reconstruction of an559
improvement shall meet the requirements of section 153.54 of the560
Revised Code. The director may require each bidder to furnish him561
under oath, upon such printed forms as hethe director may 562
prescribe, detailed information with respect to histhe bidder's563
financial resources, equipment, past performance record, 564
organization personnel, and experience, together with such other 565
information as the director considers necessary.566

       (D) The director shall award the contract to the lowest567
responsive and responsible bidder in accordance with section 9.312 568
of the Revised Code. The award shall be made within a reasonable 569
time after the date on which the bids were opened, and the 570
successful bidder shall enter into a contract within ten days from 571
the date hethe successful bidder is notified that hethe contract572
has been awarded the contract, or within any longer period which573
that the director considers necessary. When an exigency occurs, or 574
there is immediate danger of such occurrence, which would 575
materially impair the construction or completion of any project,576
improvement, or building, the director may make necessary plan and 577
specification change orders. Nothing in this section shall578
preclude the rejection of any bid the acceptance of which is not579
in the best interests of the state. No contract shall be entered580
into until the bureau of workers' compensation has certified that581
the corporation, partnership, or person awarded the contract has582
complied with Chapter 4123. of the Revised Code and until, if the583
bidder awarded the contract is a foreign corporation, the584
secretary of state has certified that suchthe corporation is585
authorized to do business in this state, and until, if the bidder586
so awarded the contract is a person or partnership nonresident of587
this state, suchthe person or partnership has filed with the588
secretary of state a power of attorney designating the secretary589
of state as its agency for the purpose of accepting service of590
process.591

       The director may enter(E) With respect to the director's 592
entering into a contract without advertising for and receiving 593
bids for the performance of labor, the furnishing of materials, or 594
the construction, repair, or maintenance of any projects, 595
improvements, or buildings on lands and waters under the control 596
of the department, both of the following apply:597

       (1) The director is not required to advertise for and receive 598
bids if the total estimated cost of whichthe contract is less 599
than tentwenty-five thousand dollars.600

       (2) The director is not required to advertise for bids, 601
regardless of the cost of the contract, if the contract involves 602
an exigency that concerns the public health, safety, or welfare or 603
addresses an emergency situation in which timeliness is crucial in 604
preventing the cost of the contract from increasing significantly. 605
Regarding such a contract, the director may solicit bids by 606
sending a letter to a minimum of three contractors in the region 607
where the contract is to be let or by any other means that the 608
director considers appropriate.609

       (F) The director may insert in any contract awarded under 610
this section a clause providing for value engineering change611
proposals, under which a contractor who has been awarded a612
contract may propose a change in the plans and specifications of613
the project that saves the department time or money on the project 614
without impairing any of the essential functions and615
characteristics of the project such as service life, reliability, 616
economy of operation, ease of maintenance, safety, and necessary 617
standardized features. If the director adopts the value 618
engineering proposal, the savings from the proposal shall be 619
divided between the department and the contractor according to 620
guidelines established by the director, provided that the 621
contractor shall receive at least fifty per cent of the savings 622
from the proposal. The adoption of a value engineering proposal 623
does not invalidate the award of the contract or require the 624
director to rebid the project.625

       (G) When in the opinion of the department the work under any626
contract made under this section or any law of the state is627
neglected by the contractor, the work completed is deficient in 628
quality or materials, or suchthe work is not prosecuted with the 629
diligence and force specified or intended in the contract, the 630
department may make requisition uponrequire the contractor for 631
such additional specific force or materials to be brought into the632
work under such contract or to remove improper materials from the633
grounds as in their judgment the contract and its faithful634
fulfillment requires. Not less than five days' notice in writing635
of such action shall be served upon the contractor or his agent in 636
charge of the workto provide, at no additional expense to the 637
department, any additional labor and materials that are necessary 638
to complete the improvements at the level of quality and within 639
the time of performance specified in the contract. Procedures 640
concerning such a requirement together with its format shall be 641
specified in the contract. If the contractor fails to comply with642
such requisitionthe requirement within fifteen daysthe period 643
specified in the contract, the department may employ upontake 644
action to complete the work the additional force, or supply the 645
special materials or such part of either as it considers proper, 646
and may remove improper materials from the groundsthrough other 647
means, up to and including termination of the contract.648

       (H) When an exigency occurs or there is immediate danger of 649
an exigency that would materially impair the successful bidding, 650
construction, or completion of a project, improvement, or 651
building, the director may revise related plans and specifications 652
as necessary to address the exigency through the issuance of an 653
addendum prior to the opening of bids or, in accordance with 654
procedures established in section 153.62 of the Revised Code, 655
through the issuance of a change order after the contract has been 656
awarded.657

       Sec. 1501.02.  The director of natural resources may enter658
into cooperative or contractual arrangements with the United659
States or any agency or department thereof, other states, other660
departments and subdivisions of this state, or any other person or 661
body politic for the accomplishment of the purposes for which the 662
department of natural resources was created. The director shall 663
cooperate with, and not infringe upon the rights of, other state 664
departments, divisions, boards, commissions, and agencies,665
political subdivisions, and other public officials and public and666
private agencies in the conduct of conservation plans and other667
matters in which the interests of the department of natural668
resources and the other departments and agencies overlap.669

       The director, by mutual agreement, may utilize the facilities 670
and staffs of state-supported educational institutions in order to 671
promote the conservation and development of the natural resources 672
of the state.673

       All funds made available by the United States for the674
exclusive use of any division shall be expended only by that675
division and only for the purposes for which the funds were676
appropriated. In accepting any such funds for the acquisition of677
lands or interests in them to be used for open-space purposes678
including park, recreational, historical, or scenic purposes, or679
for conservation of land or other natural resources, the director680
may agree on behalf of the state that lands or interests in them681
acquired in part with those funds shall not be converted to other682
uses except pursuant to further agreement between the director and 683
the United States.684

       The director shall adopt rules in accordance with Chapter 685
119. of the Revised Code establishing guidelines for entering into 686
and may enter into a cooperative or contractual arrangement with 687
any individual, agency, organization, or business entity to assist 688
the department in funding a program or project of the department, 689
its divisions, or its offices, through securing, without690
limitation, donations, sponsorships, marketing, advertising, and691
licensing arrangements. State moneys appropriated to the692
department shall continue to be used as authorized and shall not693
be redirected to any other purpose as a result of financial694
savings resulting from the department's entering into the695
cooperative or contractual arrangement.696

       The director may enter into a mutual aid compact with the697
chief law enforcement officer of any federal agency, state agency, 698
county, township, municipal corporation, or other political 699
subdivision or with the superintendent of the state highway patrol 700
to enable forest officers, preserve officers, park officers, and 701
state watercraft officers and the law enforcement officers of the 702
respective federal or state agencies or political subdivisions or 703
the state highway patrol to assist each other in the provision of 704
police services within each other's jurisdiction.705

       Sec. 1501.07.  The department of natural resources through706
the division of parks and recreation may plan, supervise, acquire, 707
construct, enlarge, improve, erect, equip, and furnish public 708
service facilities such as inns, lodges, hotels, cabinscottages,709
camping sites, scenic trails, picnic sites, restaurants,710
commissaries, golf courses, boating and bathing facilities, and711
other similar facilities in state parks reasonably necessary and712
useful in promoting the public use of state parks under its713
control and may purchase lands or interests in lands in the name714
of the state necessary for suchthose purposes.715

       The chief of the division of parks and recreation shall716
administer state parks, establish rules, fix fees and charges for717
admission to parks and for the use of public service facilities718
therein, establish rentals for the lease of lands or interests719
therein within a state park the chief is authorized by law to720
lease, and exercise all powers of the chief, in conformity with721
all covenants of the director of natural resources in or with722
respect to state park revenue bonds and trust agreements securing723
such bonds and all terms, provisions, and conditions of such bonds 724
and trust agreements. In the administration of state parks with 725
respect to which state park revenue bonds are issued and726
outstanding, or any part of the moneys received from fees and727
charges for admission to or the use of facilities, from rentals 728
for the lease of lands or interests or facilities therein, or for 729
the lease of public service facilities are pledged for any such730
bonds, the chief shall exercise the powers and perform the duties731
of the chief subject to the control and approval of the director. 732
The acquisition of such lands or interests therein and facilities 733
shall be planned with regard to the needs of the people of the 734
state and with regard to the purposes and uses of such state parks 735
and, except for facilities constructed in consideration of a lease 736
under section 1501.012 of the Revised Code, shall be paid for from 737
the state park fund created in section 1541.22 of the Revised Code 738
or from the proceeds of the sale of bonds issued under sections 739
1501.12 to 1501.15 of the Revised Code. Sections 125.81 and 153.04 740
of the Revised Code, insofar as they require a certification by 741
the chief of the division of capital planning and improvement, do 742
not apply to the acquisition of lands or interests therein and 743
public service facilities to be paid for from the proceeds of 744
bonds issued under sections 1501.12 to 1501.15 of the Revised 745
Code.746

       As used in sections 1501.07 to 1501.14 of the Revised Code,747
state parks are all of the following:748

       (A) State reservoirs described and identified in section749
1541.06 of the Revised Code;750

       (B) All lands or interests therein whichthat are denominated751
as state parks in division (B) of section 1531.12 and in section752
1541.083 of the Revised Code;753

       (C) All lands or interests therein of the state identified as 754
administered by the division of parks and recreation in the755
"inventory of state owned lands administered by department of756
natural resources as of June 1, 1963," as recorded in the journal757
of the director, which inventory was prepared by the real estate758
section of the department and is supported by maps on file in the 759
division of real estate and land management;760

       (D) All lands or interests in lands of the state hereafter761
designated as state parks in the journal of the director with the762
approval of the recreation and resources council.763

       All such state parks shall be exclusively under the control764
and administration of the division of parks and recreation. With765
the approval of the council, the director by order may remove from 766
the classification as state parks any of the lands or interests 767
therein so classified by divisions (C) and (D) of this section, 768
subject to the limitations, provisions, and conditions in any 769
order authorizing state park revenue bonds or in any trust 770
agreement securing such bonds. Lands or interests therein so 771
removed shall be transferred to other divisions of the department 772
for administration or may be sold as provided by law. Proceeds of773
any sale shall be used or transferred as provided in the order 774
authorizing state park revenue bonds or in the trust agreement 775
and, if no such provision is made, shall be transferred to the 776
state park fund. State parks do not include any lands or interest 777
in lands of the state administered jointly by two or more 778
divisions of the department. The designation of lands as state 779
parks under divisions (A) to (D) of this section shall be780
conclusive, and those lands shall be under the control of and781
administered by the division of parks and recreation. No order or 782
proceeding designating lands as state parks or park purchase areas 783
shall be subject to any appeal or review by any officer, board, 784
commission, or court.785

       Sec. 1501.23.  The department of natural resources may786
utilize the services of volunteers to implement clean-up and787
beautification programs or any other programs that accomplish any788
of the purposes of the department. The director of natural789
resources shall approve all volunteer programs and may recruit,790
train, and supervise the services of community volunteers or791
volunteer groups for volunteer programs. In accordance with state 792
guidelines, the director may reimburse volunteers for necessary 793
and appropriate expenses, such as travel expenses, that they incur 794
in the course of their volunteer service to the department. The 795
director may designate volunteers in a volunteer program as state 796
employees for the purpose of motor vehicle accident liability797
insurance under section 9.83 of the Revised Code, for the purpose 798
of immunity under section 9.86 of the Revised Code, and for the 799
purpose of indemnification from liability incurred in the 800
performance of their duties under section 9.87 of the Revised 801
Code.802

       Sec. 1501.32.  (A) No person shall divert more than one803
hundred thousand gallons per day of any waters of the state out of 804
the Lake Erie or Ohio river drainage basins to another basin805
without having a permit to do so issued by the director of natural 806
resources. An application for such a permit shall be filed with 807
the director upon such forms as hethe director prescribes. The 808
application shall state the quantity of water to be diverted, the 809
purpose of the diversion, the life of the project for which the810
water is to be diverted, and such other information as the811
director may require by rule. Each application shall be812
accompanied by a nonrefundable fee of one thousand dollars, which813
shall be credited to the water management fund, which is hereby814
created.815

       (B) The director shall not approve a permit application filed 816
under this section if hethe director determines that any of the 817
following applyapplies:818

       (1) During the life of the project for which the water is to 819
be diverted, some or all of the water to be diverted will be820
needed for use within the basin;.821

       (2) The proposed diversion would endanger the public health, 822
safety, or welfare;.823

       (3) The applicant has not demonstrated that the proposed824
diversion is a reasonable and beneficial use and is necessary to825
serve the applicant's present and future needs;.826

       (4) The applicant has not demonstrated that reasonable827
efforts have been made to develop and conserve water resources in828
the importing basin and that further development of those829
resources would engender overriding, adverse economic, social, or830
environmental impacts;.831

       (5) The proposed diversion is inconsistent with regional or 832
state water resources plans;.833

       (6) The proposed diversion, alone or in combination with834
other diversions and water losses, will have a significant adverse 835
impact on in-stream uses or on economic or ecological aspects of 836
water levels.837

       The director may hold public hearings upon any application838
for a permit.839

       (C) Whenever the director receives an application under this 840
section to divert water out of the Lake Erie drainage basin, he841
the director shall notify the governors and premiers of the other 842
great lakes states and provinces, the appropriate water management843
agencies of those states and provinces, and, when appropriate, the 844
international joint commission and shall solicit their comments 845
and concerns regarding the application. In the event of an 846
objection to the proposed diversion, the director shall consult 847
with the affected great lakes states and provinces to consider the 848
issues involved and seek mutually agreeable recommendations. 849
Before rendering a decision on the permit application, the 850
director shall consider the concerns, comments, and 851
recommendations of the other great lakes states and provinces and 852
the international joint commission, and, in accordance with853
section 1109 of the "Water Resources Development Act of 1986," 100 854
Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall not approve a 855
permit application for any diversion to which that section 856
pertains unless that diversion is approved by the governor of each 857
great lakes state as defined in section 1109(c) of that act.858

       (D) The director shall determine the period for which each859
permit approved under this section will be valid and specify the860
expiration date, but in no case shall a permit be valid beyond the 861
life of the project as stated in the application.862

       The director shall establish rules providing for the transfer 863
of permits. A permit may be transferred on the conditions that the 864
quantity of water diverted not be increased and that the purpose 865
of the diversion not be changed.866

       (E)(1) Within a time established by rule, the director shall 867
do one of the following:868

       (a) Notify the applicant that an application hethe applicant869
filed under this section is approved or denied and, if denied, the870
reason for denial;871

       (b) Notify the applicant of any modification necessary to872
qualify the application for approval.873

       (2) Any person who receives notice of a denial or874
modification under division (E)(1) of this section is entitled to875
a hearing under Chapter 119. of the Revised Code if the person876
sends a written request for a hearing to the director within877
thirty days after the date on which the notice is mailed or878
otherwise provided to the applicant.879

       (F) The director shall revoke a permit under this section880
without a prior hearing if hethe director determines that the881
quantity of water being diverted exceeds the quantity stated in 882
the permit application.883

       The director may suspend a permit if hethe director884
determines that the continued diversion of water will endanger the 885
public health, safety, or welfare. Before suspending a permit, the 886
director shall make a reasonable attempt to notify the permittee 887
that hethe director intends to suspend the permit. If the attempt 888
fails, notification shall be given as soon as practicable 889
following the suspension. Within five days after the suspension, 890
the director shall provide the permittee an opportunity to be 891
heard and to present evidence that the continued diversion of 892
water will not endanger the public health, safety, or welfare.893

       If the director determines before the expiration date of a894
suspended permit that the diversion of water can be resumed895
without danger to the public health, safety, or welfare, hethe896
director shall, upon request of the permittee, reinstate the 897
permit.898

       (G) Any six or more residents of this state may petition the 899
director for an investigation of a withdrawal of water resources 900
that they allege is in violation of a permit issued under this 901
section.902

       The petition shall identify the permittee and detail the903
reasons why the petitioners believe that grounds exist for the904
revocation or suspension of the permit under this section.905

       Upon receipt of the petition, the director shall send a copy 906
to the permittee and, within sixty days, make a determination 907
whether grounds exist for revocation or suspension of the permit 908
under this section.909

       (H) Each permittee shall submit to the director an annual 910
report containing such information as the director may require by 911
rule.912

       (I) The director shall issue a permit under division (A) of 913
this section to any person who lawfully diverted more than one 914
hundred thousand gallons per day of any waters of the state out of 915
the Ohio river drainage basin during the calendar year ending 916
October 14, 1984. A person who is eligible for a permit under this 917
division shall file an application under division (A) of this 918
section not later than one hundred eighty days after the effective 919
date of this amendment.920

        A person who applies for a permit under this division need 921
not pay the application fee that is otherwise required under 922
division (A) of this section. In addition, divisions (B) to (H) of 923
this section and rules adopted under section 1501.31 of the 924
Revised Code do not apply to an application that is filed or a 925
permit that is issued under this division.926

       Sec. 1501.45.  (A) As used in this section:927

       (1) "Forfeiture laws" means provisions that are established 928
in Title XXIX of the Revised Code and that govern the forfeiture 929
and disposition of certain property that is seized pursuant to a 930
law enforcement investigation.931

       (2) "Law enforcement division" means the division of 932
forestry, the division of natural areas and preserves, the 933
division of wildlife, the division of parks and recreation, or the 934
division of watercraft in the department of natural resources.935

       (3) "Law enforcement fund" means a fund created in this 936
section.937

       (B) Except as otherwise provided in this section and 938
notwithstanding any provision of the Revised Code that is not in 939
Title XV of the Revised Code to the contrary, the forfeiture laws 940
apply to a law enforcement division that substantially conducts an 941
investigation that results in the ordered forfeiture of property 942
and also apply to the involved forfeiture of property, and the law 943
enforcement division shall comply with those forfeiture laws. 944
Accordingly, the portion of the forfeiture laws that authorizes 945
certain proceeds from forfeited property to be distributed to the 946
law enforcement agency that substantially conducted the 947
investigation that resulted in the seizure of the subsequently 948
forfeited property apply to the law enforcement divisions. If a 949
law enforcement division is eligible to receive such proceeds, the 950
proceeds shall be deposited into the state treasury to the credit 951
of the applicable law enforcement fund.952

       (C) There are hereby created in the state treasury the 953
division of forestry law enforcement fund, the division of natural 954
areas and preserves law enforcement fund, the division of wildlife 955
law enforcement fund, the division of parks and recreation law 956
enforcement fund, and the division of watercraft law enforcement 957
fund. The funds shall consist of proceeds from forfeited property 958
that are deposited in accordance with this section. The funds 959
shall be used by the applicable law enforcement division for law 960
enforcement purposes specified in the forfeiture laws; however, a 961
law enforcement division shall not use such funds to pay the 962
salaries of its employees or to provide for any other remuneration 963
of personnel.964

       (D) If the forfeiture laws conflict with any provisions that 965
govern forfeitures and that are established in another section of 966
Title XV of the Revised Code, the provisions established in the 967
other section of Title XV apply.968

       Sec. 1502.01.  As used in this chapter:969

       (A) "Litter" means garbage, trash, waste, rubbish, ashes,970
cans, bottles, wire, paper, cartons, boxes, automobile parts,971
furniture, glass, or anything else of an unsightly or unsanitary972
nature thrown, dropped, discarded, placed, or deposited by a973
person on public property, on private property not owned by the974
person, or in or on waters of the state unless one of the 975
following applies:976

       (1) The person has been directed to do so by a public977
official as part of a litter collection drive;.978

       (2) The person has thrown, dropped, discarded, placed, or979
deposited the material in a receptacle in a manner that prevented980
its being carried away by the elements;.981

       (3) The person has been issued a permit or license covering 982
the material pursuant to Chapter 3734. or 6111. of the Revised 983
Code.984

       (B) "Recycling" means the process of collecting, sorting,985
cleansing, treating, and reconstituting waste or other discarded986
materials for the purpose of recovering and reusing the materials.987

       (C) "Agency of the state" includes, but is not limited to, an 988
"agency" subject to Chapter 119. of the Revised Code and a "state 989
university or college" as defined in section 3345.12 of the 990
Revised Code.991

       (D) "WasteSource reduction" means activities that decrease 992
the initial production of waste materials at their point of 993
origin.994

       (E) "Enterprise" means a business with its principal place of 995
business in this state and that proposes to engage in research and 996
development or recycling in this state.997

       (F) "Research and development" means inquiry,998
experimentation, or demonstration to advance basic scientific or999
technical knowledge or the application, adaptation, or use of1000
existing or newly discovered scientific or technical knowledge1001
regarding recycling, wastesource reduction, or litter prevention.1002

       (G) "Recyclables" means waste materials that are collected, 1003
separated, or processed and used as raw materials or products.1004

       (H) "Recycling market development" means activities that1005
stimulate the demand for recycled products, provide for a1006
consistent supply of recyclables to meet the needs of recycling1007
industries, or both.1008

       (I) "Solid waste management districts" means solid waste1009
management districts established under Chapter 343. of the Revised 1010
Code.1011

       (J) "Synthetic rubber" means produced or extended rubber and 1012
products made from a synthetic rubber base material originating 1013
from petrochemical feedstocks, including scrap tires, tire molds, 1014
automobile engine belts, brake pads and hoses, weather stripping, 1015
fittings, electrical insulation, and other molded objects and 1016
parts.1017

       Sec. 1502.03.  (A) The chief of the division of recycling and 1018
litter prevention shall establish and implement statewide waste1019
source reduction, recycling, recycling market development, and 1020
litter prevention programs that include all of the following:1021

       (1) The assessment of waste generation within the state and 1022
implementation of wastesource reduction practices;1023

       (2) The implementation of recycling and recycling market 1024
development activities and projects, including all of the 1025
following:1026

       (a) Collection of recyclables;1027

       (b) Separation of recyclables;1028

       (c) Processing of recyclables;1029

       (d) Facilitation and encouragement of the use of recyclables 1030
and products made with recyclables;1031

       (e) Education and training concerning recycling and products1032
manufactured with recyclables;1033

       (f) Public awareness campaigns to promote recycling;1034

       (g) Other activities and projects that promote recycling and 1035
recycling market development.1036

       (3) Litter prevention assistance to enforce antilitter laws, 1037
educate the public, and stimulate collection and containment of 1038
litter;1039

       (4) Research and development regarding wastesource1040
reduction, recycling, and litter prevention, including, without1041
limitation, research and development regarding materials or1042
products manufactured with recyclables.1043

       (B) The chief, with the approval of the director of natural 1044
resources, may enter into contracts or other agreements and may 1045
execute any instruments necessary or incidental to the discharge 1046
of the chief's responsibilities under this chapter.1047

       Sec. 1502.12. (A) There is hereby created in the state1048
treasury the scrap tire grant fund, consisting of moneys1049
transferred to the fund under section 3734.82 of the Revised Code.1050
The chief of the division of recycling and litter prevention, with1051
the approval of the director of natural resources, may make grants1052
from the fund for the purpose of supporting market development1053
activities for scrap tires and synthetic rubber from tire 1054
manufacturing processes and tire recycling processes. The grants 1055
may be awarded to individuals, businesses, and entities certified 1056
under division (A) of section 1502.04 of the Revised Code.1057

       (B) Projects and activities that are eligible for grants1058
under this section shall be evaluated for funding using, at a1059
minimum, the following criteria:1060

       (1) The degree to which a proposed project contributes to the 1061
increased use of scrap tires generated in this state;1062

       (2) The degree of local financial support for a proposed1063
project;1064

       (3) The technical merit and quality of a proposed project.1065

       Sec. 1504.02.  (A) The division of real estate and land1066
management shall do all of the following:1067

       (1) Except as otherwise provided in the Revised Code,1068
coordinate and conduct all real estate functions for the1069
department of natural resources, including at least acquisitions1070
by purchase, lease, gift, devise, bequest, appropriation, or1071
otherwise; grants through sales, leases, exchanges, easements, and 1072
licenses; inventories of land; and other related general1073
management duties;1074

       (2) Assist the department and its divisions by providing1075
department-wide planning, including at least master planning,1076
comprehensive planning, capital improvements planning, and special 1077
purpose planning such as trails coordination and planning under 1078
section 1519.03 of the Revised Code;1079

       (3) On behalf of the director of natural resources,1080
administer the coastal management program established under1081
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised1082
Code and consult with and provide coordination among state1083
agencies, political subdivisions, the United States and agencies1084
of it, and interstate, regional, and areawide agencies to assist1085
the director in executing the director's duties and1086
responsibilities under that program and to assist the department 1087
as the lead agency for the development and implementation of the 1088
program;1089

       (4) On behalf of the director, administer sections 1506.101090
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code;1091

       (5) Cooperate with the United States and agencies of it and 1092
with political subdivisions in administering federal recreation 1093
moneys under the "Land and Water Conservation Fund Act of 1965," 1094
78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare and 1095
distribute the statewide comprehensive outdoor recreation plan; 1096
and administer the state recreational vehicle fund created in 1097
section 4519.11 of the Revised Code;1098

       (6)(a) Support the geographic information system needs for1099
the department as requested by the director, which shall include,1100
but not be limited to, all of the following:1101

       (i) Assisting in the training and education of department1102
resource managers, administrators, and other staff in the1103
application and use of geographic information system technology;1104

       (ii) Providing technical support to the department in the1105
design, preparation of data, and use of appropriate geographic1106
information system applications in order to help solve resource1107
related problems and to improve the effectiveness and efficiency1108
of department delivered services;1109

       (iii) Creating, maintaining, and documenting spatial digital 1110
data bases for the division and for other divisions as assigned by 1111
the director.1112

       (b) Provide information to and otherwise assist government1113
officials, planners, and resource managers in understanding land1114
use planning and resource management;1115

       (c) Provide continuing assistance to local government1116
officials and others in natural resource digital data base1117
development and in applying and utilizing the geographic1118
information system for land use planning, current agricultural use 1119
value assessment, development reviews, coastal management, and 1120
other resource management activities;1121

       (d) Coordinate and administer the remote sensing needs of the 1122
department, including the collection and analysis of aerial1123
photography, satellite data, and other data pertaining to land,1124
water, and other resources of the state;1125

       (e) Prepare and publish maps and digital data relating to the 1126
state's land use and land cover over time on a local, regional, 1127
and statewide basis;1128

       (f) Locate and distribute hard copy maps, digital data,1129
aerial photography, and other resource data and information to1130
government agencies and the public.1131

       (7) Prepare special studies and execute any other duties,1132
functions, and responsibilities requested by the director.1133

       (B) The division may do any of the following:1134

       (1) Coordinate such environmental matters concerning the1135
department and the state as are necessary to comply with the1136
"National Environmental Policy Act of 1969," 83 Stat. 852, 421137
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act1138
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water1139
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, as 1140
amended, and regulations adopted under those acts;1141

       (2) On behalf of the director, administer Chapter 1520. of1142
the Revised Code, except divisions (B) to (F) of section 1520.031143
of the Revised Code, division (A) of section 1520.04 of the1144
Revised Code as it pertains to those divisions, and section1145
1520.05 of the Revised CodeWith the approval of the director, 1146
coordinate and administer compensatory mitigation grant programs 1147
and other programs for streams and wetlands as approved in 1148
accordance with certifications and permits issued under sections 1149
401 and 404 of the "Federal Water Pollution Control Act", 91 Stat. 1150
1566(1977), 33 U.S.C.A. 1251, as amended, by the environmental 1151
protection agency and the United States army corps of engineers;1152

       (3) Administer any state or federally funded grant program1153
that is related to natural resources and recreation as considered1154
necessary by the director.1155

       Sec. 1506.04.  (A) No later than six months after the1156
effective date of this sectionSeptember 15, 1989, each county or1157
municipal corporation within whose jurisdiction is a coastal flood 1158
hazard area shall either participate in and remain in compliance 1159
with the national flood insurance program established in the 1160
"Flood Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 1161
4002, as amended, or shall adopt resolutions or ordinances 1162
governing the coastal flood hazard area that meet or exceed the 1163
standards required for participation in the regular phase of the 1164
national flood insurance program.1165

       (B) If the director of natural resources determines at any1166
time that a county or municipal corporation that is participating1167
in the national flood insurance program as described in division1168
(A) of this section or has adopted resolutions or ordinances under 1169
that division (A) of this section is not in compliance with that 1170
program or those resolutions or ordinances, as applicable, hethe 1171
director shall so notify the legislative authority of the county 1172
or municipal corporation and shall also notify the legislative 1173
authority that it may respond to histhe determination in 1174
accordance with the procedure for doing so established by rules 1175
adopted under section 1506.02 of the Revised Code. If after 1176
considering the legislative authority's response the director 1177
determines that the county or municipal corporation is still not 1178
in compliance with the national flood insurance program or 1179
resolutions or ordinances adopted under division (A) of this 1180
section, as applicable, hethe director may request the attorney 1181
general in writing to, and the attorney general shall, bring an 1182
action for appropriate relief in a court of competent jurisdiction 1183
against the county or municipal corporation.1184

       (C) The attorney general, upon the written request of the1185
director, shall bring an action for appropriate relief in a court1186
of competent jurisdiction against any development that meets both1187
of the following criteria:1188

       (1) Is located in a county or municipal corporation that is 1189
not in compliance with division (A) of this section;1190

       (2) Is not in compliance with the standards of the national 1191
flood insurance program established in the "Flood Disaster 1192
Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as 1193
amended.1194

As used in this division, "development" means any artificial1195
change to improved or unimproved real estate, including, without1196
limitation, the construction of buildings and other structures and 1197
mining, dredging, filling, grading, paving, excavation, and1198
drilling operations.1199

       (D) This section does not apply to any permits or approvals 1200
issued by any state agency prior to the effective date of rules 1201
adopted under section 1506.02 of the Revised Code for the 1202
implementation of this section.1203

       (E) As used in this section, "national flood insurance 1204
program" and "development" have the same meanings as in section 1205
1521.01 of the Revised Code.1206

       Sec. 1507.01.  There is hereby created in the department of1207
natural resources the division of engineering to be administered1208
by the chief engineer of the department, who shall be a1209
professional engineer registered under Chapter 4733. or a 1210
professional architect certified under Chapter 4703. of the1211
Revised Code. The chief engineer shall do all of the following:1212

       (A) Administer this chapter;1213

       (B) Provide engineering, architectural, land surveying, and1214
related administrative and maintenance support services to the1215
other divisions in the department;1216

       (C) Upon request of the director of natural resources,1217
implement the department's capital improvement program and1218
facility maintenance projects, including all associated1219
engineering, architectural, design, contracting, surveying,1220
inspection, and management responsibilities and requirements;1221

       (D) With the approval of the director, act as contracting1222
officer in departmental engineering, architectural, surveying, and1223
construction matters regarding capital improvements except for1224
those matters otherwise specifically provided for in law;1225

       (E) Provide engineering support for the coastal management1226
program established under Chapter 1506. of the Revised Code;1227

       (F) Coordinate the department's roadway maintenance program1228
with the department of transportation pursuant to section 5511.051229
of the Revised Code and maintain the roadway inventory of the1230
department of natural resources;1231

       (G) Coordinate the department's projects, programs, policies, 1232
procedures, and activities with the United States army corps of 1233
engineers;1234

       (H) Subject to the approval of the director, employ1235
professional and technical assistants and such other employees as1236
are necessary for the performance of the activities required or1237
authorized under this chapter, other work of the division, and any1238
other work agreed to under working agreements or contractual1239
arrangements; prescribe their duties; and fix their compensation1240
in accordance with such schedules as are provided by law for the1241
compensation of state employees.1242

       Sec. 1510.04.  (A) Independent producers in this state may 1243
present the technical advisory council with a petition signed by 1244
the lesser of one hundred or ten per cent of all such producers 1245
requesting that the council hold a referendum in accordance with 1246
section 1510.05 of the Revised Code to establish a marketing 1247
program for oil and natural gas or to amend an existing program.1248

       (B) At the time of presentation of the petition to the 1249
council under division (A) of this section, the petitioners also 1250
shall present the proposed program or amendment, which shall 1251
include all of the following:1252

       (1) The rate of assessment to be made on the production of 1253
oil and natural gas in this state, which shall not exceed one cent1254
five cents per each gross barrel of oil and one-tenth of one cent 1255
per thousand cubic feet of natural gas;1256

       (2) Terms, conditions, limitations, and other qualifications 1257
for assessment;1258

       (3) Procedures to refund the assessment.1259

       (C) Before making a decision under this division to approve 1260
or disapprove a proposed program or amendment, the council shall 1261
publish in at least two appropriate periodicals designated by the 1262
council a notice that the program or amendment has been proposed 1263
and informing interested persons of the procedures for submitting 1264
comments regarding the proposal. After publishing the notice, the 1265
council shall provide interested persons with a copy of the 1266
proposed program or amendment and an opportunity to comment on the 1267
proposed program or amendment for thirty days after the 1268
publication of the notice. The petitioners may make changes to the 1269
proposed program or amendment based upon the comments received. 1270
The council may make technical changes to the proposal to ensure 1271
compliance with this chapter. Subsequent to any changes made by 1272
the petitioners or any technical changes made by the council to a 1273
proposed program or amendment, the council may approve or 1274
disapprove the proposed program or amendment.1275

       (D) If the council approves the proposed program or 1276
amendment, with any changes made under division (C) of this 1277
section, the council shall hold a referendum in accordance with 1278
section 1510.05 of the Revised Code to establish a marketing 1279
program for oil and natural gas or to amend an existing program.1280

       Sec. 1511.021.  (A) Any person who owns or operates1281
agricultural land or a concentrated animal feeding operation may1282
develop and operate under an operation and management plan1283
approved by the chief of the division of soil and water1284
conservation under section 1511.02 of the Revised Code or by the1285
supervisors of the local soil and water conservation district1286
under section 1515.08 of the Revised Code.1287

       (B) Any person who wishes to make a complaint regarding1288
nuisances involving agricultural pollution may do so onlyorally 1289
or by submitting a written, signed, and dated complaint to the1290
chief or to the chief's designee. After receiving an oral 1291
complaint, the chief or the chief's designee may cause an 1292
investigation to be conducted to determine whether agricultural 1293
pollution has occurred or is imminent. After receiving a written, 1294
signed, and dated complaint, the chief or the chief's designee 1295
shall cause such an investigation to be conducted.1296

       (C) In a private civil action for nuisances involving1297
agricultural pollution, it is an affirmative defense if the person1298
owning, operating, or otherwise responsible for agricultural land1299
or a concentrated animal feeding operation is operating under and1300
in substantial compliance with an approved operation and1301
management plan developed under division (A) of this section, with1302
an operation and management plan developed by the chief under1303
section 1511.02 of the Revised Code or by the supervisors of the1304
local soil and water conservation district under section 1515.081305
of the Revised Code, or with an operation and management plan1306
required by an order issued by the chief under division (G) of1307
section 1511.02 of the Revised Code. Nothing in this section is in1308
derogation of the authority granted to the chief in division (E)1309
of section 1511.02 and in section 1511.07 of the Revised Code.1310

       Sec. 1513.01.  As used in this chapter:1311

       (A) "Approximate original contour" means that surface1312
configuration achieved by backfilling and grading of a mined area1313
so that the reclaimed area, including any terracing or access1314
roads, closely resembles the general surface configuration of the1315
land prior to mining and blends into and complements the drainage1316
pattern of the surrounding terrain, with all highwalls and spoil1317
piles eliminated; water impoundments may be permitted where the1318
chief of the division of mineral resources management determines 1319
that they are in compliance with division (A)(8) of section 1320
1513.16 of the Revised Code.1321

       (B) "Coal mining and reclamation operations" means coal1322
mining operations and all activities necessary and incident to the 1323
reclamation of such operations.1324

       (C) "Degrees" means inclination from the horizontal.1325

       (D) "Deposition of sediment" means placing or causing to be 1326
placed in any waters of the state, in stream beds on or off the 1327
land described in an application for a coal mining permit, or upon 1328
other lands any organic or inorganic matter that settles or is 1329
capable of settling to the bottom of the waters and onto the beds 1330
or lands.1331

       (E) "Imminent danger to the health and safety of the public" 1332
means the existence of any condition or practice or violation of a 1333
permit or other requirement of this chapter or rule adopted1334
thereunder in a coal mining and reclamation operation, which 1335
condition, practice, or violation could reasonably be expected to 1336
cause substantial physical harm to persons outside the permit area 1337
before the condition, practice, or violation can be abated. A 1338
reasonable expectation of death or serious injury before abatement 1339
exists if a rational person subjected to the same conditions or 1340
practices giving rise to the peril would not expose oneself to the1341
danger during the time necessary for abatement.1342

       (F) "Lands eligible for remining" means those lands that 1343
otherwise would be eligible for expenditures under division (C)(1) 1344
of section 1513.37 of the Revised Code.1345

       (G) "Mountain top removal" means a coal mining operation that 1346
will remove an entire coal seam or seams running through the upper 1347
fraction of a mountain, ridge, or hill by removing all of the 1348
overburden and creating a level plateau with no highwalls1349
remaining instead of restoring to approximate original contour,1350
and is capable of supporting postmining uses in accordance with 1351
the requirements established by the chief.1352

       (H) "Operation" or "coal mining operation" means:1353

       (1) Activities conducted on the surface of lands in1354
connection with a coal mine, the removal of coal from coal refuse1355
piles, and surface impacts incident to an underground coal mine. 1356
Such activities include excavation for the purpose of obtaining1357
coal, including such common methods as contour, strip, auger,1358
mountaintop removal, box cut, open pit, and area mining; the use1359
of explosives and blasting; in situ distillation or retorting; 1360
leaching or other chemical or physical processing; and the 1361
cleaning, concentrating, or other processing or preparation of 1362
coal. Such activities also include the loading of coal at or near 1363
the mine site. Such activities do not include any of the 1364
following:1365

       (a) The extraction of coal incidental to the extraction of1366
other minerals if the weight of coal extracted is less than 1367
one-sixth the total weight of minerals removed, including coal;1368

       (b) The extraction of coal as an incidental part of federal, 1369
state, or local highway or other government-financed construction 1370
when approved by the chief;1371

       (c) Coal exploration subject to section 1513.072 of the1372
Revised Code.1373

       (2) The areas upon which such activities occur or where such 1374
activities disturb the natural land surface. Such areas include 1375
any adjacent land the use of which is incidental to any such 1376
activities, all lands affected by the construction of new roads or 1377
the improvement or use of existing roads to gain access to the 1378
site of such activities, and for hauling, and excavation,1379
workings, impoundments, dams, ventilation shafts, entryways,1380
refuse banks, dumps, stockpiles, overburden piles, spoil banks,1381
culm banks, holes or depressions, repair areas, storage areas,1382
processing areas, shipping areas, and other areas upon which are1383
sited structures, facilities, or other property or materials on1384
the surface, resulting from or incident to such activities. 1385
Separation by a stream, roadway, or utility easement does not 1386
preclude two or more contiguous tracts of land from being 1387
considered contiguous.1388

       (I) "Operator" means any person conducting a coal mining1389
operation.1390

       (J) "Overburden" means all of the earth and other materials, 1391
except topsoil, covering a natural deposit of coal, and also means 1392
such earth and other materials after removal from their natural 1393
state in the process of coal mining.1394

       (K) "Permit" means a permit to conduct coal mining and1395
reclamation operations issued by the chief pursuant to section1396
1513.07 or 1513.074 of the Revised Code.1397

       (L) "Permit area" means the area of land to be affected1398
indicated on the approved map submitted by the operator with the1399
application required by section 1513.07 or 1513.074 of the Revised 1400
Code.1401

       (M) "Person" has the same meaning as in section 1.59 of the 1402
Revised Code and also includes any political subdivision, 1403
instrumentality, or agency of this state or the United States.1404

       (N) "Pollution" means placing any sediments, solids, or1405
waterborne mining related wastes, including, but not limited to,1406
acids, metallic cations, or their salts, in excess of amounts1407
prescribed by the chief into any waters of the state or affecting1408
the properties of any waters of the state in a manner that renders 1409
those waters harmful or inimical to the public health, or to 1410
animal or aquatic life, or to the use of the waters for domestic 1411
water supply, industrial or agricultural purposes, or recreation.1412

       (O) "Prime farmland" has the same meaning as that previously 1413
prescribed by the secretary of the United States department of 1414
agriculture as published in the federal register on August 23, 1415
1977, or subsequent revisions thereof, on the basis of such 1416
factors as moisture availability, temperature regime, chemical 1417
balance, permeability, surface layer composition, susceptibility 1418
to flooding, and erosion characteristics and that historically has 1419
been used for intensive agricultural purposes, and as published in 1420
the rules adopted pursuant to this chapter.1421

       (P) "Reclamation" means backfilling, grading, resoiling,1422
planting, and other work that has the effect of restoring an area1423
of land affected by coal mining so that it may be used for forest1424
growth, grazing, agricultural, recreational, and wildlife purpose, 1425
or some other useful purpose of equal or greater value than 1426
existed prior to any mining.1427

       (Q) "Spoil bank" means a deposit of removed overburden.1428

       (R) "Steep slope" means any slope above twenty degrees or1429
such lesser slope as may be defined by the chief after considering 1430
soil, climate, and other characteristics of a region.1431

       (S) "Strip mining" means those coal mining and reclamation1432
operations incident to the extraction of coal from the earth by1433
removing the materials over a coal seam, before recovering the1434
coal, by auger coal mining, or by recovery of coal from a deposit1435
that is not in its original geologic location.1436

       (T) "Unwarranted failure to comply" means the failure of a1437
permittee to prevent the occurrence of any violation of any1438
requirement of this chapter due to indifference, lack of 1439
diligence, or lack of reasonable care, or the failure to abate any 1440
violation of the permit or this chapter due to indifference, lack 1441
of diligence, or lack of reasonable care.1442

       (U) "Waters of the state" means all streams, lakes, ponds,1443
marshes, watercourses, waterways, wells, springs, irrigation1444
systems, drainage systems, and other bodies or accumulations of 1445
water, surface or underground, natural or artificial, regardless 1446
of the depth of the strata in which underground water is located, 1447
that are situated wholly or partly within, or border upon, this 1448
state, or are within its jurisdiction.1449

       (V) "Public roadway" means a road that is all of the 1450
following:1451

       (1) Designated as a public road in the jurisdiction within1452
which it is located;1453

       (2) Constructed in a manner consistent with other public1454
roads within the jurisdiction within which it is located;1455

       (3) Regularly maintained with public funds;1456

       (4) Subject to and available for substantial use by the1457
public.1458

       (W) "Performance security" means a form of financial 1459
assurance, including, without limitation, a surety bond issued by 1460
a surety licensed to do business in this state; an annuity; cash; 1461
a negotiable certificate of deposit; an irrevocable letter of 1462
credit that automatically renews; a negotiable bond of the United 1463
States, this state, or a municipal corporation in this state; a 1464
trust fund of which the state is named a conditional beneficiary; 1465
or other form of financial guarantee or financial assurance that 1466
is acceptable to the chief.1467

       Sec. 1513.02.  (A) The division of mineral resources 1468
management shall administer, enforce, and implement this chapter. 1469
The chief of the division of mineral resources management shall do 1470
all of the following:1471

       (1) Adopt, amend, and rescind rules:1472

       (a) To administer and enforce this chapter;1473

       (b) To implement the requirements of this chapter for the1474
reclamation of lands affected by coal mining, including such rules 1475
governing mining practices and procedures, segregation and1476
placement of soil and topsoil, backfilling, grading, terracing,1477
resoiling, soil conditioning and reconditioning, planting,1478
establishment of drainage patterns, construction of impoundments,1479
and the construction, maintenance, and disposition of haul roads,1480
ditches, and dikes, as may be necessary or desirable, under1481
varying conditions of slope, drainage, physical and chemical1482
characteristics of soil and overburden, erodability of materials,1483
season, growth characteristics of plants, and other factors1484
affecting coal mining and reclamation, to facilitate the return of 1485
the land to a condition required by this chapter; to prevent1486
pollution or substantial diminution of waters of the state,1487
substantial erosion, substantial deposition of sediment,1488
landslides, accumulation and discharge of acid water, and1489
flooding, both during mining and reclamation and thereafter; to1490
restore the recharge capacity of the mined area to approximate1491
premining conditions; and to ensure full compliance with all1492
requirements of this chapter relating to reclamation, and the1493
attainment of those objectives in the interest of the public1494
health, safety, and welfare to which these reclamation1495
requirements are directed;1496

       (c) To meet the requirements of the "Surface Mining Control 1497
and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 1201.1498

       (2) Issue orders to enforce this chapter and rules adopted1499
under it;1500

       (3) Adopt rules for the internal management of the division 1501
that do not affect private rights;1502

       (4) Adopt programs, rules, and procedures designed to assist 1503
the coal operator in this state with the permitting process and 1504
complying with the environmental standards of this chapter. Upon 1505
request of the applicant for a permit, the chief shall make a 1506
determination of the probable hydrologic consequences required in 1507
division (B)(2)(1)(k) of section 1513.07 of the Revised Code 1508
within sixty days after a permit has been submitted to the 1509
division for those applications requesting the chief to perform 1510
the study. The chief shall perform the chemical analysis of test 1511
borings or core samplings for operators who have a total annual 1512
production of coal at all locations that does not exceed one 1513
hundred thousand tons.1514

       (5) Adopt programs, rules, and procedures designed to ensure 1515
that reclamation is performed on operations for which the1516
performance bondsecurity has been forfeited pursuant to section 1517
1513.16 of the Revised Code;1518

       (6) Receive, administer, and expend moneys obtained from the 1519
United States department of the interior and other federal1520
agencies to implement the state's permanent coal regulatory1521
program;1522

       (7)(a) Regulate the beneficial use of coal combustion 1523
byproducts at coal mining and reclamation operations and abandoned 1524
mine lands that are regulated under this chapter and rules adopted 1525
under it. The beneficial use of coal combustion byproducts at such 1526
coal mining and reclamation operations and abandoned mine lands is 1527
subject to all applicable performance standards and requirements 1528
established under this chapter and rules adopted under it, 1529
including, without limitation, standards and requirements 1530
established under section 1513.16 of the Revised Code and rules 1531
adopted pursuant to it.1532

       The beneficial use of coal combustion byproducts that is1533
authorized at coal mining and reclamation operations and abandoned 1534
mine lands that are regulated under this chapter and rules adopted 1535
under it is not subject to the following provisions of Chapters 1536
3734. and 6111. of the Revised Code and rules adopted under those 1537
provisions:1538

       (i) Permit and license requirements for solid waste 1539
facilities established under sections 3734.02 and 3734.05 of the 1540
Revised Code;1541

       (ii) The prohibition against the open dumping of solid wastes 1542
established in section 3734.03 of the Revised Code;1543

       (iii) Solid waste generation and disposal fees established 1544
under sections 3734.57 to 3734.574 of the Revised Code;1545

       (iv) Permit to install and plan approval requirements 1546
established under sections 6111.03, 6111.44, and 6111.45 of the 1547
Revised Code.1548

       Nothing in division (A)(7) of this section shall be construed 1549
to limit any other requirements that are applicable to the 1550
beneficial use of coal combustion byproducts and that are1551
established under Chapter 3704., 3714., 3734., or 6111. of the1552
Revised Code or under local or federal laws, including, without 1553
limitation, requirements governing air pollution control permits, 1554
hazardous waste, national pollutant discharge elimination system 1555
permits, and section 401 water quality certifications.1556

       (b) As used in division (A)(7) of this section:1557

       (i) "Coal combustion byproducts" means fly ash, bottom ash, 1558
coal slag, flue gas desulphurization and fluidized bed combustion 1559
byproducts, air or water pollution control residues from the 1560
operation of a coal-fired electric or steam generation facility, 1561
and any material from a clean coal technology demonstration 1562
project or other innovative process at a coal-fired electric or 1563
steam generation facility.1564

       (ii) "Beneficial use" means the use of coal combustion 1565
byproducts in a manner that is not equivalent to the establishment 1566
of a disposal system or a solid waste disposal facility and that 1567
is unlikely to affect human health or safety or the environment 1568
adversely or to degrade the existing quality of the land, air, or 1569
water. "Beneficial use" includes, without limitation, land 1570
application uses for agronomic value; land reclamation uses; and 1571
discrete, controlled uses for structural fill, pavement aggregate, 1572
pipe bedding aggregate, mine sealing, alternative drainage or 1573
capping material, and pilot demonstration projects.1574

       (iii) "Structural fill" means the discrete, controlled use of 1575
a coal combustion byproduct as a substitute for a conventional 1576
aggregate, raw material, or soil under or immediately adjacent to 1577
a building or structure. "Structural fill" does not include uses 1578
that involve general filling or grading operations or valley 1579
fills.1580

       (iv) "Pavement aggregate" means the discrete, controlled use 1581
of a coal combustion byproduct as a subbase material or drainage 1582
layer under or immediately adjacent to a paved road or a paved 1583
parking lot where the coal combustion byproduct is a substitute 1584
for a conventional aggregate, raw material, or soil.1585

       (v) "Pipe bedding aggregate" means the discrete, controlled 1586
use of a coal combustion byproduct as a substitute for a 1587
conventional aggregate, raw material, or soil under, around, or 1588
immediately adjacent to a water, sewer, or other pipeline.1589

       (vi) "Coal-fired electric or steam generation facility" 1590
includes any boiler that is fired with coal or with coal in 1591
combination with petroleum coke, oil, natural gas, or any other 1592
fossil fuel.1593

       (vii) "Solid waste disposal facility" means a facility for 1594
the disposal of solid wastes as provided in Chapter 3734. of the1595
Revised Code and rules adopted under it.1596

       (viii) "Disposal system" has the same meaning as in section 1597
6111.01 of the Revised Code.1598

       (8) Establish programs and adopt rules and procedures 1599
governing terms, limitations, and conditions for the use of diesel 1600
equipment in an underground coal mine.1601

       (B) The chief, by rule, may designate as unsuitable for coal 1602
mining natural areas maintained on the registry of natural areas 1603
of the department of natural resources pursuant to Chapter 1517. 1604
of the Revised Code, wild, scenic, or recreational river areas 1605
designated pursuant to that chapter, publicly owned or dedicated 1606
parks, and other areas of unique and irreplaceable natural beauty 1607
or condition, or areas within specified distances of a public 1608
road, occupied dwelling, public building, school, church, 1609
community, or institutional building, public park, or cemetery. 1610
Such a designation may include land adjacent to the perimeters of 1611
those areas that may be necessary to protect their integrity.1612

       (C)(1) The adoption, amendment, and rescission of rules under 1613
divisions (A)(1), (4), (5), and , (8), (B) , and (J) of this 1614
section are subject to Chapter 119. of the Revised Code.1615

       (2) The issuance of orders under division (A)(2) of this1616
section and appeals therefrom are not governed by or subject to1617
Chapter 119. of the Revised Code, but are governed by this1618
chapter.1619

       (D)(1) When the chief or an authorized representative of the 1620
chief determines that any condition or practice exists or that any1621
permittee is in violation of any requirement of this chapter or1622
any permit condition required by this chapter, which condition,1623
practice, or violation creates an imminent danger to the health or 1624
safety of the public or is causing, or can reasonably be expected 1625
to cause, significant, imminent environmental harm to land, air, 1626
or water resources, the chief or the authorized representative 1627
immediately shall order the cessation of coal mining and 1628
reclamation operations or the portion thereof relevant to the 1629
condition, practice, or violation. The cessation order shall 1630
remain in effect until the chief or the authorized representative 1631
determines that the condition, practice, or violation has been 1632
abated or until the order is modified, vacated, or terminated by 1633
the chief or the authorized representative pursuant to division 1634
(D)(4) of this section or by the reclamation commission pursuant 1635
to section 1513.13 of the Revised Code. When the chief or the1636
authorized representative finds that the ordered cessation of coal 1637
mining and reclamation operations or any portion thereof will not1638
completely abate the imminent danger to the health or safety of 1639
the public or the significant, imminent environmental harm to 1640
land, air, or water resources, the chief or the authorized1641
representative, in addition to the cessation order, shall order1642
the operator to take whatever steps the chief or the authorized 1643
representative considers necessary to abate the imminent danger or 1644
the significant environmental harm.1645

       (2) When the chief or an authorized representative of the 1646
chief determines that any person is in violation of any 1647
requirement of this chapter or any permit condition required by 1648
this chapter, but the violation does not create an imminent danger 1649
to the health or safety of the public or cannot reasonably be 1650
expected to cause significant, imminent environmental harm to 1651
land, air, or water resources, the chief or the authorized1652
representative shall issue a notice of violation to the person or 1653
the person's agent fixing a reasonable time for the abatement of 1654
the violation, provided that the time afforded a person to abate 1655
the violation shall not exceed the time limitations prescribed by 1656
the secretary of the interior in 30 C.F.R. Part 843 for an 1657
approvable state regulatory program under the "Surface Mining 1658
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 1659
1201.1660

       If, upon expiration of the period of time as originally fixed 1661
or subsequently extended for good cause shown and upon the written 1662
finding of the chief or the authorized representative, the chief 1663
or the authorized representative finds that the violation has not 1664
been abated, the chief or the authorized representative 1665
immediately shall order the cessation of coal mining and 1666
reclamation operations or the portion thereof relevant to the 1667
violation. The cessation order shall remain in effect until the 1668
chief or the authorized representative determines that the 1669
violation has been abated or until the order is modified, vacated, 1670
or terminated by the chief or the authorized representative 1671
pursuant to division (D)(4) of this section or by the reclamation 1672
commission pursuant to section 1513.13 of the Revised Code. In a 1673
cessation order issued under division (D)(2) of this section, the 1674
chief or the authorized representative shall prescribe the steps 1675
necessary to abate the violation in the most expeditious manner 1676
possible.1677

       (3) When in the judgment of the chief or an authorized1678
representative of the chief a pattern of violations of any1679
requirements of this chapter or any permit conditions required by 1680
this chapter exists or has existed and the violations are caused 1681
by the unwarranted failure of the permittee to comply with any1682
requirements of this chapter or any permit conditions or are1683
willfully caused by the permittee, the chief or the authorized1684
representative immediately shall issue an order to the permittee1685
to show cause why the permit should not be suspended or revoked. 1686
If a hearing is requested, the chief shall inform all interested1687
parties of the time and place of the hearing and conduct the1688
hearing pursuant to division (D) of section 1513.13 of the Revised 1689
Code. Upon the permittee's failure to show cause why the permit 1690
should not be suspended or revoked, the chief or the authorized 1691
representative immediately shall suspend or revoke the permit.1692

       (4) Notices of violation and orders issued pursuant to this 1693
section shall set forth with reasonable specificity the nature of 1694
the violation and the remedial action required, the period of time 1695
established for abatement, and a reasonable description of the 1696
portion of the coal mining and reclamation operation to which the 1697
notice or order applies. Each notice or order issued under this 1698
section shall be given promptly to the alleged violator or the 1699
agent of the alleged violator by the chief or an authorized1700
representative of the chief who issues the notice or order. 1701
Notices and orders shall be in writing and shall be signed by the 1702
chief or the authorized representative and may be modified,1703
vacated, or terminated by the chief or the authorized 1704
representative. Any notice or order issued pursuant to this 1705
section that requires cessation of mining by the operator shall 1706
expire within thirty days after actual notice to the operator 1707
unless a public hearing pursuant to section 1513.13 of the Revised 1708
Code is held at the site or within such reasonable proximity to 1709
the site that any viewings of the site can be conducted during the 1710
course of the public hearing.1711

       (E)(1) A person who violates a permit condition or any other 1712
provision of this chapter may be assessed a civil penalty by the 1713
chief, except that if the violation leads to the issuance of a 1714
cessation order under division (D) of this section, the civil 1715
penalty shall be assessed for each day until the person initiates 1716
the necessary corrective steps. The penalty shall not exceed five 1717
thousand dollars for each violation. Each day of continuing 1718
violation may be deemed a separate violation for purposes of 1719
penalty assessments. In determining the amount of the penalty, 1720
consideration shall be given to the person's history of previous 1721
violation at the particular coal mining operation; the seriousness 1722
of the violation, including any irreparable harm to the 1723
environment and any hazard to the health or safety of the public; 1724
whether the person was negligent; and the demonstrated diligence 1725
of the person charged in attempting to achieve rapid compliance 1726
after notification of the violation.1727

       (2) A civil penalty shall be assessed by the chief only after 1728
the person charged with a violation under division (E)(1) of this 1729
section has been given an opportunity for a public hearing. If a 1730
person charged with such a violation fails to avail oneself of the 1731
opportunity for a public hearing, a civil penalty shall be 1732
assessed by the chief after the chief has determined that a 1733
violation did occur, and the amount of the penalty that is 1734
warranted, and has issued an order requiring that the penalty be 1735
paid.1736

       (3) Upon the issuance of a notice or order charging that a1737
violation of this chapter has occurred, the chief shall inform the 1738
operator within thirty days of the proposed amount of the penalty 1739
and provide opportunity for an adjudicatory hearing pursuant to 1740
section 1513.13 of the Revised Code. The person charged with the 1741
penalty then shall have thirty days to pay the proposed penalty in 1742
full or, if the person wishes to contest either the amount of the 1743
penalty or the fact of the violation, file a petition for review 1744
of the proposed assessment with the secretary of the reclamation 1745
commission pursuant to section 1513.13 of the Revised Code. If, 1746
after the hearing, the commission affirms or modifies the proposed 1747
amount of the penalty, the person charged with the penalty then 1748
shall have thirty days after receipt of the written decision to 1749
pay the amount in full or file an appeal with the court of appeals 1750
in accordance with section 1513.14 of the Revised Code. At the 1751
time the petition for review of the proposed assessment is filed 1752
with the secretary, the person shall forward the amount of the 1753
penalty to the secretary for placement in the reclamation penalty 1754
fund, which is hereby created. The fund shall be in the custody of 1755
the treasurer of state, but shall not be a part of the state 1756
treasury. Pursuant to administrative or judicial review of the 1757
penalty, the secretary, within thirty days, shall remit the 1758
appropriate amount of the penalty to the person, with interest, if 1759
it is determined that no violation occurred or that the amount of1760
the penalty should be reduced, and the secretary shall forward the1761
balance of the penalty or, if the penalty was not reduced, the 1762
entire amount of the penalty, with interest, to the chief for 1763
deposit in the coal mining administration and reclamation reserve1764
forfeiture fund created in section 1513.1811513.18 of the Revised1765
Code. Failure to forward the money to the secretary within thirty 1766
days after the chief informs the operator of the proposed amount 1767
of the penalty shall result in a waiver of all legal rights to1768
contest the violation or the amount of the penalty. Within fifteen 1769
days after being informed of the penalty, the person charged with 1770
the penalty may request in writing an informal assessment 1771
conference to review the amount of the penalty. The conference 1772
shall be presided over by the chief or an individual appointed by 1773
the chief other than the inspector that issued the notice of 1774
violation or order upon which the penalty is based. The chief1775
shall adopt rules governing procedures to be followed in informal1776
conferences. Time allowed for payment of the penalty or appeal to 1777
the commission shall be tolled while the penalty is being reviewed1778
in an informal conference.1779

       (4) An operator who fails to correct a violation for which a 1780
notice of violation or order has been issued under division (D) of 1781
this section within the period permitted for its correction shall 1782
be assessed a civil penalty of not less than seven hundred fifty 1783
dollars for each day during which the failure or violation1784
continues. However, a civil penalty shall not be assessed under1785
division (E)(4) of this section if the commission orders the 1786
suspension of the abatement requirement after determining, based 1787
upon the findings of an expedited hearing held under section 1788
1513.13 of the Revised Code at the request of the operator, that 1789
the operator will suffer irreparable loss or damage from the 1790
application of the abatement requirement or if the court orders 1791
suspension of the abatement requirement pursuant to review 1792
proceedings held under section 1513.14 of the Revised Code at the 1793
request of the operator.1794

       (F) The chief may enter into a cooperative agreement with the 1795
secretary of the interior to provide for state regulation of coal 1796
mining and reclamation operations on federal lands within the 1797
state.1798

       (G) The chief may prohibit augering if necessary to maximize 1799
the utilization, recoverability, or conservation of the solid fuel 1800
resources or to protect against adverse water quality impacts.1801

       (H) The chief shall transmit copies of all schedules1802
submitted under section 1513.07 of the Revised Code pertaining to1803
violations of air or water quality laws and rules adopted and1804
orders issued under those laws in connection with coal mining1805
operations to the director of environmental protection for1806
verification.1807

       (I) For the purposes of sections 1513.18, 1513.24, 1513.37, 1808
and 1514.06 of the Revised Code, the chief triennially shall1809
determine the average wage rate for companies performing1810
reclamation work for the division under those sections by1811
averaging the wage rate paid by all companies performing such1812
reclamation work during the three years immediately preceding the1813
determination. However, in making the initial determination under 1814
this division, the chief shall average the wage rate paid by all 1815
companies performing such reclamation work during the ten years 1816
immediately preceding October 29, 1995.1817

       (J) If this state becomes covered by a state programmatic 1818
general permit issued by the United States army corps of engineers 1819
for the discharge of dredged or fill material into the waters of 1820
the United States by operations that conduct surface and 1821
underground coal mining and reclamation operations and the 1822
restoration of abandoned mine lands, the chief may establish 1823
programs and adopt rules and procedures designed to implement the 1824
terms, limitations, and conditions of the permit. The purpose of 1825
the programs, rules, and procedures shall be to enable the state 1826
to reduce or eliminate duplicative state and federal project 1827
evaluation, simplify the regulatory approval process, provide 1828
environmental protection for aquatic resources that is equivalent 1829
to federal protection, and satisfy the requirements of the United 1830
States army corps of engineers regulatory program under which the 1831
permit is issued and that is established under section 404 of the 1832
"Federal Water Pollution Control Act," 86 Stat. 48 (1972), 33 1833
U.S.C. 1344, as amended by the "Clean Water Act of 1977," 91 Stat. 1834
1600, 33 U.S.C. 1344; section 10 of the "Rivers and Harbors Act of 1835
1899," 30 Stat. 1151, 33 U.S.C. 403; and section 103 of the 1836
"Marine Protection, Research, and Sanctuaries Act of 1972," 86 1837
Stat. 1055, 33 U.S.C. 1413.1838

       Sec. 1513.07.  (A)(1) No operator shall conduct a coal mining 1839
operation without a permit for the operation issued by the chief 1840
of the division of mineral resources management.1841

       (2) All permits issued pursuant to this chapter shall be1842
issued for a term not to exceed five years, except that, if the1843
applicant demonstrates that a specified longer term is reasonably1844
needed to allow the applicant to obtain necessary financing for1845
equipment and the opening of the operation and if the application1846
is full and complete for the specified longer term, the chief may1847
grant a permit for the longer term. A successor in interest to a1848
permittee who applies for a new permit within thirty days after1849
succeeding to the interest and who is able to obtain the bond1850
coverageperformance security of the original permittee may 1851
continue coal mining and reclamation operations according to the 1852
approved mining and reclamation plan of the original permittee 1853
until the successor's application is granted or denied.1854

       (3) A permit shall terminate if the permittee has not1855
commenced the coal mining operations covered by the permit within1856
three years after the issuance of the permit, except that the1857
chief may grant reasonable extensions of the time upon a showing1858
that the extensions are necessary by reason of litigation1859
precluding the commencement or threatening substantial economic1860
loss to the permittee or by reason of conditions beyond the1861
control and without the fault or negligence of the permittee, and1862
except that with respect to coal to be mined for use in a1863
synthetic fuel facility or specified major electric generating1864
facility, the permittee shall be deemed to have commenced coal1865
mining operations at the time construction of the synthetic fuel1866
or generating facility is initiated.1867

       (4)(a) Any permit issued pursuant to this chapter shall carry 1868
with it the right of successive renewal upon expiration with 1869
respect to areas within the boundaries of the permit. The holders 1870
of the permit may apply for renewal and the renewal shall be 1871
issued unless the chief determines by written findings, subsequent 1872
to fulfillment of the public notice requirements of this section 1873
and section 1513.071 of the Revised Code through demonstrations by 1874
opponents of renewal or otherwise, that one or more of the 1875
following circumstances exists:1876

       (i) The terms and conditions of the existing permit are not 1877
being satisfactorily met;.1878

       (ii) The present coal mining and reclamation operation is not 1879
in compliance with the environmental protection standards of this 1880
chapter;.1881

       (iii) The renewal requested substantially jeopardizes the1882
operator's continuing responsibilities on existing permit areas;.1883

       (iv) The applicant has not provided evidence that the1884
performance bondsecurity in effect for the operation will 1885
continue in effect for any renewal requested in the application;.1886

       (v) Any additional, revised, or updated information required 1887
by the chief has not been provided. Prior to the approval of any 1888
renewal of a permit, the chief shall provide notice to the 1889
appropriate public authorities as prescribed by rule of the chief.1890

       (b) If an application for renewal of a valid permit includes 1891
a proposal to extend the mining operation beyond the boundaries 1892
authorized in the existing permit, the portion of the application 1893
for renewal of a valid permit that addresses any new land areas 1894
shall be subject to the full standards applicable to new 1895
applications under this chapter.1896

       (c) A permit renewal shall be for a term not to exceed the1897
period of the original permit established by this chapter. 1898
Application for permit renewal shall be made at least one hundred1899
twenty days prior to the expiration of the valid permit.1900

       (5) A permit issued pursuant to this chapter does not1901
eliminate the requirements for obtaining a permit to install or1902
modify a disposal system or any part thereof or to discharge1903
sewage, industrial waste, or other wastes into the waters of the1904
state in accordance with Chapter 6111. of the Revised Code.1905

       (B)(1) Each application for a coal mining and reclamation1906
permit or renewal of such a permit shall be accompanied by a1907
permit or renewal fee in an amount equal to the product of1908
seventy-five dollars multiplied by the number of acres, estimated1909
in the application, that will comprise the area of land to be1910
affected within the permit or renewal period by the coal mining1911
operation for which the permit or renewal is requested.1912

       (2) The permit application shall be submitted in a manner1913
satisfactory to the chief and shall contain, among other things, 1914
all of the following:1915

       (a) The names and addresses of all of the following:1916

       (i) The permit applicant;1917

       (ii) Every legal owner of record of the property, surface and 1918
mineral, to be mined;1919

       (iii) The holders of record of any leasehold interest in the 1920
property;1921

       (iv) Any purchaser of record of the property under a real1922
estate contract;1923

       (v) The operator if different from the applicant;1924

       (vi) If any of these are business entities other than a1925
single proprietor, the names and addresses of the principals,1926
officers, and statutory agent for service of process.1927

       (b) The names and addresses of the owners of record of all1928
surface and subsurface areas adjacent to any part of the permit1929
area;1930

       (c) A statement of any current or previous coal mining1931
permits in the United States held by the applicant, the permit1932
identification, and any pending applications;1933

       (d) If the applicant is a partnership, corporation,1934
association, or other business entity, the following where1935
applicable: the names and addresses of every officer, partner,1936
director, or person performing a function similar to a director,1937
of the applicant, the name and address of any person owning, of1938
record, ten per cent or more of any class of voting stock of the1939
applicant, a list of all names under which the applicant, partner, 1940
or principal shareholder previously operated a coal mining 1941
operation within the United States within the five-year period 1942
preceding the date of submission of the application, and a list of 1943
the person or persons primarily responsible for ensuring that the 1944
applicant complies with the requirements of this chapter and rules 1945
adopted pursuant thereto while mining and reclaiming under the 1946
permit;1947

       (e) A statement of whether the applicant, any subsidiary,1948
affiliate, or persons controlled by or under common control with1949
the applicant, any partner if the applicant is a partnership, any1950
officer, principal shareholder, or director if the applicant is a1951
corporation, or any other person who has a right to control or in1952
fact controls the management of the applicant or the selection of1953
officers, directors, or managers of the applicant:1954

       (i) Has ever held a federal or state coal mining permit that 1955
in the five-year period prior to the date of submission of the 1956
application has been suspended or revoked or has had a coal mining 1957
bond, performance security, or similar security deposited in lieu 1958
of bond forfeited and, if so, a brief explanation of the facts 1959
involved;1960

       (ii) Has been an officer, partner, director, principal1961
shareholder, or person having the right to control or has in fact1962
controlled the management of or the selection of officers,1963
directors, or managers of a business entity that has had a coal1964
mining or surface mining permit that in the five-year period prior 1965
to the date of submission of the application has been suspended or 1966
revoked or has had a coal mining or surface mining bond, 1967
performance security, or similar security deposited in lieu of 1968
bond forfeited and, if so, a brief explanation of the facts 1969
involved.1970

       (f) A copy of the applicant's advertisement to be published 1971
in a newspaper of general circulation in the locality of the 1972
proposed site at least once a week for four successive weeks, 1973
which shall include the ownership of the proposed mine, a1974
description of the exact location and boundaries of the proposed1975
site sufficient to make the proposed operation readily1976
identifiable by local residents, and the location where the1977
application is available for public inspection;1978

       (g) A description of the type and method of coal mining1979
operation that exists or is proposed, the engineering techniques1980
proposed or used, and the equipment used or proposed to be used;1981

       (h) The anticipated or actual starting and termination dates 1982
of each phase of the mining operation and number of acres of land 1983
to be affected;1984

       (i) An accurate map or plan, to an appropriate scale, clearly 1985
showing the land to be affected and the land upon which the 1986
applicant has the legal right to enter and commence coal mining1987
operations, copies of those documents upon which is based the 1988
applicant's legal right to enter and commence coal mining1989
operations, and a statement whether that right is the subject of1990
pending litigation. This chapter does not authorize the chief to1991
adjudicate property title disputes.1992

       (j) The name of the watershed and location of the surface1993
stream or tributary into which drainage from the operation will be 1994
discharged;1995

       (k) A determination of the probable hydrologic consequences 1996
of the mining and reclamation operations, both on and off the mine 1997
site, with respect to the hydrologic regime, providing information 1998
on the quantity and quality of water in surface and ground water 1999
systems including the dissolved and suspended solids under 2000
seasonal flow conditions and the collection of sufficient data for 2001
the mine site and surrounding areas so that an assessment can be 2002
made by the chief of the probable cumulative impacts of all 2003
anticipated mining in the area upon the hydrology of the area and 2004
particularly upon water availability, but this determination shall 2005
not be required until hydrologic information of the general area 2006
prior to mining is made available from an appropriate federal or 2007
state agency; however, the permit shall not be approved until the 2008
information is available and is incorporated into the application;2009

       (l) When requested by the chief, the climatological factors 2010
that are peculiar to the locality of the land to be affected, 2011
including the average seasonal precipitation, the average 2012
direction and velocity of prevailing winds, and the seasonal 2013
temperature ranges;2014

       (m) Accurate maps prepared by or under the direction of and 2015
certified by a qualified registered professional engineer,2016
registered surveyor, or licensed landscape architect to an2017
appropriate scale clearly showing all types of information set2018
forth on topographical maps of the United States geological survey 2019
of a scale of not more than four hundred feet to the inch,2020
including all artificial features and significant known2021
archeological sites. The map, among other things specified by the 2022
chief, shall show all boundaries of the land to be affected, the2023
boundary lines and names of present owners of record of all2024
surface areas abutting the permit area, and the location of all2025
buildings within one thousand feet of the permit area.2026

       (n)(i) Cross-section maps or plans of the land to be affected 2027
including the actual area to be mined, prepared by or under the 2028
direction of and certified by a qualified registered professional 2029
engineer or certified professional geologist with assistance from 2030
experts in related fields such as hydrology, hydrogeology, 2031
geology, and landscape architecture, showing pertinent elevations 2032
and locations of test borings or core samplings and depicting the 2033
following information: the nature and depth of the various strata 2034
of overburden; the nature and thickness of any coal or rider seam 2035
above the coal seam to be mined; the nature of the stratum 2036
immediately beneath the coal seam to be mined; all mineral crop 2037
lines and the strike and dip of the coal to be mined within the 2038
area to be affected; existing or previous coal mining limits; the 2039
location and extent of known workings of any underground mines, 2040
including mine openings to the surface; the location of spoil, 2041
waste, or refuse areas and topsoil preservation areas; the 2042
location of all impoundments for waste or erosion control; any 2043
settling or water treatment facility; constructed or natural 2044
drainways and the location of any discharges to any surface body 2045
of water on the land to be affected or adjacent thereto; profiles 2046
at appropriate cross sections of the anticipated final surface 2047
configuration that will be achieved pursuant to the operator's 2048
proposed reclamation plan; the location of subsurface water, if 2049
encountered; the location and quality of aquifers; and the 2050
estimated elevation of the water table. Registered surveyors shall 2051
be allowed to perform all plans, maps, and certifications under 2052
this chapter as they are authorized under Chapter 4733. of the 2053
Revised Code.2054

       (ii) A statement of the quality and locations of subsurface 2055
water. The chief shall provide by rule the number of locations to 2056
be sampled, frequency of collection, and parameters to be analyzed 2057
to obtain the statement required.2058

       (o) A statement of the results of test borings or core2059
samplings from the permit area, including logs of the drill holes, 2060
the thickness of the coal seam found, an analysis of the chemical 2061
properties of the coal, the sulfur content of any coal seam, 2062
chemical analysis of potentially acid or toxic forming sections of 2063
the overburden, and chemical analysis of the stratum lying 2064
immediately underneath the coal to be mined, except that this 2065
division may be waived by the chief with respect to the specific 2066
application by a written determination that its requirements are 2067
unnecessary;. If the test borings or core samplings from the 2068
permit area indicate the existence of potentially acid forming or 2069
toxic forming quantities of sulfur in the coal or overburden to be 2070
disturbed by mining, the application also shall include a 2071
statement of the acid generating potential and the acid 2072
neutralizing potential of the rock strata to be disturbed as 2073
calculated in accordance with section 1513.075 of the Revised 2074
Code.2075

       (p) For those lands in the permit application that a2076
reconnaissance inspection suggests may be prime farmlands, a soil2077
survey shall be made or obtained according to standards2078
established by the secretary of the United States department of2079
agriculture in order to confirm the exact location of the prime2080
farmlands, if any;2081

       (q) A certificate issued by an insurance company authorized 2082
to do business in this state certifying that the applicant has a 2083
public liability insurance policy in force for the coal mining and 2084
reclamation operations for which the permit is sought or evidence 2085
that the applicant has satisfied other state self-insurance 2086
requirements. The policy shall provide for personal injury and 2087
property damage protection in an amount adequate to compensate any 2088
persons damaged as a result of coal mining and reclamation 2089
operations, including the use of explosives, and entitled to 2090
compensation under the applicable provisions of state law. The 2091
policy shall be maintained in effect during the term of the permit 2092
or any renewal, including the length of all reclamation 2093
operations. The insurance company shall give prompt notice to the 2094
permittee and the chief if the public liability insurance policy 2095
lapses for any reason including the nonpayment of insurance 2096
premiums. Upon the lapse of the policy, the chief may suspend the 2097
permit and all other outstanding permits until proper insurance 2098
coverage is obtained.2099

       (r) The business telephone number of the applicant;2100

       (s) If the applicant seeks an authorization under division2101
(E)(7) of this section to conduct coal mining and reclamation2102
operations on areas to be covered by the permit that were affected 2103
by coal mining operations before August 3, 1977, that have 2104
resulted in continuing water pollution from or on the previously 2105
mined areas, such additional information pertaining to those 2106
previously mined areas as may be required by the chief, including, 2107
without limitation, maps, plans, cross sections, data necessary to 2108
determine existing water quality from or on those areas with 2109
respect to pH, iron, and manganese, and a pollution abatement plan 2110
that may improve water quality from or on those areas with respect 2111
to pH, iron, and manganese.2112

       (3)(2) Information pertaining to coal seams, test borings,2113
core samplings, or soil samples as required by this section shall2114
be made available by the chief to any person with an interest that 2115
is or may be adversely affected, except that information that 2116
pertains only to the analysis of the chemical and physical2117
properties of the coal, excluding information regarding mineral or 2118
elemental content that is potentially toxic in the environment, 2119
shall be kept confidential and not made a matter of public record.2120

       (4)(3)(a) If the chief finds that the probable total annual2121
production at all locations of any operator will not exceed three2122
hundred thousand tons, the following activities, upon the written 2123
request of the operator in connection with a permit application, 2124
shall be performed by a qualified public or private laboratory or 2125
another public or private qualified entity designated by the 2126
chief, and the cost of the activities shall be assumed by the 2127
chief, provided that sufficient moneys for such assistance are 2128
available:2129

       (i) The determination of probable hydrologic consequences 2130
required under division (B)(2)(1)(k) of this section;2131

       (ii) The development of cross-section maps and plans required 2132
under division (B)(2)(1)(n)(i) of this section;2133

       (iii) The geologic drilling and statement of results of test 2134
borings and core samplings required under division (B)(2)(1)(o) of 2135
this section;2136

       (iv) The collection of archaeological information required 2137
under division (B)(2)(1)(m) of this section and any other 2138
archaeological and historical information required by the chief, 2139
and the preparation of plans necessitated thereby;2140

       (v) Pre-blast surveys required under division (E) of section 2141
1513.161 of the Revised Code;2142

       (vi) The collection of site-specific resource information and 2143
production of protection and enhancement plans for fish and 2144
wildlife habitats and other environmental values required by the 2145
chief under this chapter.2146

       (b) A coal operator that has received assistance under 2147
division (B)(4)(3)(a) of this section shall reimburse the chief 2148
for the cost of the services rendered if the chief finds that the 2149
operator's actual and attributed annual production of coal for all 2150
locations exceeds three hundred thousand tons during the twelve 2151
months immediately following the date on which the operator was 2152
issued a coal mining and reclamation permit.2153

       (5)(4) Each applicant for a permit shall submit to the chief2154
as part of the permit application a reclamation plan that meets2155
the requirements of this chapter.2156

       (6)(5) Each applicant for a coal mining and reclamation2157
permit shall file a copy of the application for a permit,2158
excluding that information pertaining to the coal seam itself, for 2159
public inspection with the county recorder or an appropriate2160
public office approved by the chief in the county where the mining 2161
is proposed to occur.2162

       (7)(6) Each applicant for a coal mining and reclamation2163
permit shall submit to the chief as part of the permit application 2164
a blasting plan that describes the procedures and standards by 2165
which the operator will comply with section 1513.161 of the 2166
Revised Code.2167

       (C) Each reclamation plan submitted as part of a permit2168
application shall include, in the detail necessary to demonstrate2169
that reclamation required by this chapter can be accomplished, a2170
statement of:2171

       (1) The identification of the lands subject to coal mining2172
operations over the estimated life of those operations and the2173
size, sequence, and timing of the subareas for which it is2174
anticipated that individual permits for mining will be sought;2175

       (2) The condition of the land to be covered by the permit2176
prior to any mining including all of the following:2177

       (a) The uses existing at the time of the application and, if 2178
the land has a history of previous mining, the uses that preceded 2179
any mining;2180

       (b) The capability of the land prior to any mining to support 2181
a variety of uses, giving consideration to soil and foundation 2182
characteristics, topography, and vegetative cover and, if 2183
applicable, a soil survey prepared pursuant to division2184
(B)(2)(1)(p) of this section;2185

       (c) The productivity of the land prior to mining, including 2186
appropriate classification as prime farmlands as well as the 2187
average yield of food, fiber, forage, or wood products obtained 2188
from the land under high levels of management.2189

       (3) The use that is proposed to be made of the land following 2190
reclamation, including information regarding the utility and 2191
capacity of the reclaimed land to support a variety of alternative 2192
uses, the relationship of the proposed use to existing land use 2193
policies and plans, and the comments of any owner of the land and 2194
state and local governments or agencies thereof that would have to 2195
initiate, implement, approve, or authorize the proposed use of the 2196
land following reclamation;2197

       (4) A detailed description of how the proposed postmining2198
land use is to be achieved and the necessary support activities2199
that may be needed to achieve the proposed land use;2200

       (5) The engineering techniques proposed to be used in mining 2201
and reclamation and a description of the major equipment; a plan 2202
for the control of surface water drainage and of water2203
accumulation; a plan, where appropriate, for backfilling, soil2204
stabilization, and compacting, grading, and appropriate2205
revegetation; a plan for soil reconstruction, replacement, and2206
stabilization, pursuant to the performance standards in section2207
1513.16 of the Revised Code, for those food, forage, and forest2208
lands identified in that section; and an estimate of the cost per 2209
acre of the reclamation, including a statement as to how the 2210
permittee plans to comply with each of the requirements set out in 2211
section 1513.16 of the Revised Code;2212

       (6) A description of the means by which the utilization and 2213
conservation of the solid fuel resource being recovered will be 2214
maximized so that reaffecting the land in the future can be2215
minimized;2216

       (7) A detailed estimated timetable for the accomplishment of 2217
each major step in the reclamation plan;2218

       (8) A description of the degree to which the coal mining and 2219
reclamation operations are consistent with surface owner plans and 2220
applicable state and local land use plans and programs;2221

       (9) The steps to be taken to comply with applicable air and 2222
water quality laws and regulations and any applicable health and 2223
safety standards;2224

       (10) A description of the degree to which the reclamation2225
plan is consistent with local physical, environmental, and2226
climatological conditions;2227

       (11) A description of all lands, interests in lands, or2228
options on such interests held by the applicant or pending bids on 2229
interests in lands by the applicant, which lands are contiguous to 2230
the area to be covered by the permit;2231

       (12) The results of test borings that the applicant has made 2232
at the area to be covered by the permit, or other equivalent2233
information and data in a form satisfactory to the chief,2234
including the location of subsurface water, and an analysis of the 2235
chemical properties, including acid forming properties of the2236
mineral and overburden; except that information that pertains only 2237
to the analysis of the chemical and physical properties of the 2238
coal, excluding information regarding mineral or elemental2239
contents that are potentially toxic in the environment, shall be2240
kept confidential and not made a matter of public record;2241

       (13) A detailed description of the measures to be taken2242
during the mining and reclamation process to ensure the protection 2243
of all of the following:2244

       (a) The quality of surface and ground water systems, both on- 2245
and off-site, from adverse effects of the mining and reclamation 2246
process;2247

       (b) The rights of present users to such water;2248

       (c) The quantity of surface and ground water systems, both2249
on- and off-site, from adverse effects of the mining and2250
reclamation process or, where such protection of quantity cannot2251
be assured, provision of alternative sources of water.2252

       (14) Any other requirements the chief prescribes by rule.2253

       (D)(1) Any information required by division (C) of this2254
section that is not on public file pursuant to this chapter shall2255
be held in confidence by the chief.2256

       (2) With regard to requests for an exemption from the 2257
requirements of this chapter for coal extraction incidental to the 2258
extraction of other minerals, as described in division (H)(1)(a) 2259
of section 1513.01 of the Revised Code, confidential information 2260
includes and is limited to information concerning trade secrets or 2261
privileged commercial or financial information relating to the 2262
competitive rights of the persons intending to conduct the 2263
extraction of minerals.2264

       (E)(1) Upon the basis of a complete mining application and2265
reclamation plan or a revision or renewal thereof, as required by2266
this chapter, and information obtained as a result of public2267
notification and public hearing, if any, as provided by section2268
1513.071 of the Revised Code, the chief shall grant, require2269
modification of, or deny the application for a permit in a2270
reasonable time set by the chief and notify the applicant in2271
writing. The applicant for a permit or revision of a permit has2272
the burden of establishing that the application is in compliance2273
with all the requirements of this chapter. Within ten days after2274
the granting of a permit, the chief shall notify the boards of2275
township trustees and county commissioners, the mayor, and the2276
legislative authority in the township, county, and municipal2277
corporation in which the area of land to be affected is located2278
that a permit has been issued and shall describe the location of2279
the land. However, failure of the chief to notify the local2280
officials shall not affect the status of the permit.2281

       (2) No permit application or application for revision of an 2282
existing permit shall be approved unless the application2283
affirmatively demonstrates and the chief finds in writing on the2284
basis of the information set forth in the application or from2285
information otherwise available, which shall be documented in the2286
approval and made available to the applicant, all of the2287
following:2288

       (a) The application is accurate and complete and all the 2289
requirements of this chapter have been complied with.2290

       (b) The applicant has demonstrated that the reclamation2291
required by this chapter can be accomplished under the reclamation 2292
plan contained in the application.2293

       (c)(i) Assessment of the probable cumulative impact of all2294
anticipated mining in the general and adjacent area on the2295
hydrologic balance specified in division (B)(2)(1)(k) of this2296
section has been made by the chief, and the proposed operation has 2297
been designed to prevent material damage to hydrologic balance 2298
outside the permit area.2299

       (ii) There shall be an ongoing process conducted by the chief 2300
in cooperation with other state and federal agencies to review all 2301
assessments of probable cumulative impact of coal mining in light 2302
of post-mining data and any other hydrologic information as it 2303
becomes available to determine if the assessments were realistic. 2304
The chief shall take appropriate action as indicated in the review 2305
process.2306

       (d) The area proposed to be mined is not included within an 2307
area designated unsuitable for coal mining pursuant to section2308
1513.073 of the Revised Code or is not within an area under study2309
for such designation in an administrative proceeding commenced2310
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the2311
Revised Code unless in an area as to which an administrative2312
proceeding has commenced pursuant to division (A)(3)(c) or (B) of2313
section 1513.073 of the Revised Code, the operator making the2314
permit application demonstrates that, prior to January 1, 1977,2315
the operator made substantial legal and financial commitments in 2316
relation to the operation for which a permit is sought.2317

       (e) In cases where the private mineral estate has been2318
severed from the private surface estate, the applicant has2319
submitted to the chief one of the following:2320

       (i) The written consent of the surface owner to the2321
extraction of coal by strip mining methods;2322

       (ii) A conveyance that expressly grants or reserves the right 2323
to extract the coal by strip mining methods;2324

       (iii) If the conveyance does not expressly grant the right to 2325
extract coal by strip mining methods, the surface-subsurface legal 2326
relationship shall be determined under the law of this state. This 2327
chapter does not authorize the chief to adjudicate property rights 2328
disputes.2329

       (3)(a) The applicant shall file with the permit application a 2330
schedule listing all notices of violations of any law, rule, or2331
regulation of the United States or of any department or agency2332
thereof or of any state pertaining to air or water environmental2333
protection incurred by the applicant in connection with any coal2334
mining operation during the three-year period prior to the date of 2335
application. The schedule also shall indicate the final resolution 2336
of such a notice of violation. Upon receipt of an application, the 2337
chief shall provide a schedule listing all notices of violations 2338
of this chapter pertaining to air or water environmental 2339
protection incurred by the applicant during the three-year period 2340
prior to receipt of the application and the final resolution of 2341
all such notices of violation. The chief shall provide this 2342
schedule to the applicant for filing by the applicant with the 2343
application filed for public review, as required by division 2344
(B)(6)(5) of this section. When the schedule or other information 2345
available to the chief indicates that any coal mining operation 2346
owned or controlled by the applicant is currently in violation of 2347
such laws, the permit shall not be issued until the applicant 2348
submits proof that the violation has been corrected or is in the 2349
process of being corrected to the satisfaction of the regulatory 2350
authority, department, or agency that has jurisdiction over the 2351
violation and that any civil penalties owed to the state for a 2352
violation and not the subject of an appeal have been paid. No 2353
permit shall be issued to an applicant after a finding by the 2354
chief that the applicant or the operator specified in the 2355
application controls or has controlled mining operations with a 2356
demonstrated pattern of willful violations of this chapter of a 2357
nature and duration to result in irreparable damage to the 2358
environment as to indicate an intent not to comply with or a 2359
disregard of this chapter.2360

       (b) For the purposes of division (E)(3)(a) of this section, 2361
any violation resulting from an unanticipated event or condition 2362
at a surface coal mining operation on lands eligible for remining 2363
under a permit held by the person submitting an application for a 2364
coal mining permit under this section shall not prevent issuance 2365
of that permit. As used in this division, "unanticipated event or 2366
condition" means an event or condition encountered in a remining 2367
operation that was not contemplated by the applicable surface coal 2368
mining and reclamation permit.2369

       (4)(a) In addition to finding the application in compliance 2370
with division (E)(2) of this section, if the area proposed to be 2371
mined contains prime farmland as determined pursuant to division 2372
(B)(2)(1)(p) of this section, the chief, after consultation with 2373
the secretary of the United States department of agriculture and 2374
pursuant to regulations issued by the secretary of the interior 2375
with the concurrence of the secretary of agriculture, may grant a 2376
permit to mine on prime farmland if the chief finds in writing 2377
that the operator has the technological capability to restore the 2378
mined area, within a reasonable time, to equivalent or higher 2379
levels of yield as nonmined prime farmland in the surrounding area 2380
under equivalent levels of management and can meet the soil 2381
reconstruction standards in section 1513.16 of the Revised Code.2382

       (b) Division (E)(4)(a) of this section does not apply to a2383
permit issued prior to August 3, 1977, or revisions or renewals2384
thereof.2385

       (5) The chief shall issue an order denying a permit after 2386
finding that the applicant has misrepresented or omitted any2387
material fact in the application for the permit.2388

       (6) The chief may issue an order denying a permit after 2389
finding that the applicant, any partner, if the applicant is a2390
partnership, any officer, principal shareholder, or director, if2391
the applicant is a corporation, or any other person who has a2392
right to control or in fact controls the management of the2393
applicant or the selection of officers, directors, or managers of2394
the applicant has been a sole proprietor or partner, officer,2395
director, principal shareholder, or person having the right to2396
control or has in fact controlled the management of or the2397
selection of officers, directors, or managers of a business entity 2398
that ever has had a coal mining license or permit issued by this 2399
or any other state or the United States suspended or revoked, ever 2400
has forfeited a coal or surface mining bond, performance security,2401
or similar security deposited in lieu of bond in this or any other 2402
state or with the United States, or ever has substantially or 2403
materially failed to comply with this chapter.2404

       (7) When issuing a permit under this section, the chief may 2405
authorize an applicant to conduct coal mining and reclamation2406
operations on areas to be covered by the permit that were affected 2407
by coal mining operations before August 3, 1977, that have 2408
resulted in continuing water pollution from or on the previously 2409
mined areas for the purpose of potentially reducing the pollution 2410
loadings of pH, iron, and manganese from discharges from or on the 2411
previously mined areas. Following the chief's authorization to 2412
conduct such operations on those areas, the areas shall be 2413
designated as pollution abatement areas for the purposes of this 2414
chapter.2415

       The chief shall not grant an authorization under division2416
(E)(7) of this section to conduct coal mining and reclamation2417
operations on any such previously mined areas unless the applicant 2418
demonstrates to the chief's satisfaction that all of the following 2419
conditions are met:2420

       (a) The applicant's pollution abatement plan for mining and 2421
reclaiming the previously mined areas represents the best2422
available technology economically achievable;.2423

       (b) Implementation of the plan will potentially reduce2424
pollutant loadings of pH, iron, and manganese resulting from2425
discharges of surface waters or ground water from or on the2426
previously mined areas within the permit area;.2427

       (c) Implementation of the plan will not cause any additional 2428
degradation of surface water quality off the permit area with 2429
respect to pH, iron, and manganese;.2430

       (d) Implementation of the plan will not cause any additional 2431
degradation of ground water;.2432

       (e) The plan meets the requirements governing mining and2433
reclamation of such previously mined pollution abatement areas2434
established by the chief in rules adopted under section 1513.02 of 2435
the Revised Code;.2436

       (f) Neither the applicant; any partner, if the applicant is a 2437
partnership; any officer, principal shareholder, or director, if 2438
the applicant is a corporation; any other person who has a right 2439
to control or in fact controls the management of the applicant or 2440
the selection of officers, directors, or managers of the 2441
applicant; nor any contractor or subcontractor of the applicant, 2442
has any of the following:2443

       (i) Responsibility or liability under this chapter or rules 2444
adopted under it as an operator for treating the discharges of 2445
water pollutants from or on the previously mined areas for which 2446
the authorization is sought;2447

       (ii) Any responsibility or liability under this chapter or2448
rules adopted under it for reclaiming the previously mined areas2449
for which the authorization is sought;2450

       (iii) During the eighteen months prior to submitting the2451
permit application requesting an authorization under division2452
(E)(7) of this section, had a coal mining and reclamation permit2453
suspended or revoked under division (D)(3) of section 1513.02 of2454
the Revised Code for violating this chapter or Chapter 6111. of2455
the Revised Code or rules adopted under them with respect to water 2456
quality, effluent limitations, or surface or ground water2457
monitoring;2458

       (iv) Ever forfeited a coal or surface mining bond, 2459
performance security, or similar security deposited in lieu of a 2460
bond in this or any other state or with the United States.2461

       (8) In the case of the issuance of a permit that involves a 2462
conflict of results obtained under section 1513.075 of the Revised 2463
Code between the various methods of calculating potential acidity 2464
and neutralization potential for purposes of assessing the 2465
potential for acid mine drainage to occur at a mine site, the 2466
permit shall include provisions for monitoring and record keeping 2467
to identify the creation of unanticipated acid water at the mine 2468
site. If the monitoring detects the creation of acid water at the 2469
site, the permit shall impose on the permittee additional 2470
requirements regarding mining practices and site reclamation to 2471
prevent the discharge of acid mine drainage from the mine site.2472

       (F)(1) During the term of the permit, the permittee may2473
submit an application for a revision of the permit, together with2474
a revised reclamation plan, to the chief.2475

       (2) An application for a revision of a permit shall not be2476
approved unless the chief finds that reclamation required by this2477
chapter can be accomplished under the revised reclamation plan. 2478
The revision shall be approved or disapproved within ninety days2479
after receipt of a complete revision application. The chief shall 2480
establish, by rule, criteria for determining the extent to which 2481
all permit application information requirements and procedures, 2482
including notice and hearings, shall apply to the revision 2483
request, except that any revisions that propose significant 2484
alterations in the reclamation plan, at a minimum, shall be 2485
subject to notice and hearing requirements.2486

       (3) Any extensions to the area covered by the permit except 2487
incidental boundary revisions shall be made by application for a 2488
permit.2489

       (G) No transfer, assignment, or sale of the rights granted2490
under a permit issued pursuant to this chapter shall be made2491
without the written approval of the chief.2492

       (H) The chief, within a time limit prescribed in the chief's 2493
rules, shall review outstanding permits and may require reasonable 2494
revision or modification of a permit. A revision or modification 2495
shall be based upon a written finding and subject to notice and 2496
hearing requirements established by rule of the chief.2497

       (I)(1) If an informal conference has been held pursuant to2498
section 1513.071 of the Revised Code, the chief shall issue and2499
furnish the applicant for a permit, persons who participated in2500
the informal conference, and persons who filed written objections2501
pursuant to division (B) of section 1513.071 of the Revised Code,2502
with the written finding of the chief granting or denying the2503
permit in whole or in part and stating the reasons therefor within 2504
sixty days of the conference.2505

       (2) If there has been no informal conference held pursuant to 2506
section 1513.071 of the Revised Code, the chief shall notify the 2507
applicant for a permit within a reasonable time as provided by 2508
rule of the chief, taking into account the time needed for proper 2509
investigation of the site, the complexity of the permit2510
application, whether or not a written objection to the application 2511
has been filed, and whether the application has been approved or 2512
disapproved in whole or in part.2513

       (3) If the application is approved, the permit shall be2514
issued. If the application is disapproved, specific reasons2515
therefor shall be set forth in the notification. Within thirty2516
days after the applicant is notified of the final decision of the2517
chief on the permit application, the applicant or any person with2518
an interest that is or may be adversely affected may appeal the2519
decision to the reclamation commission pursuant to section 1513.13 2520
of the Revised Code.2521

       (4) Any applicant or any person with an interest that is or 2522
may be adversely affected who has participated in the2523
administrative proceedings as an objector and is aggrieved by the2524
decision of the reclamation commission, or if the commission fails 2525
to act within the time limits specified in this chapter, may 2526
appeal in accordance with section 1513.14 of the Revised Code.2527

       Sec. 1513.071.  (A) Simultaneously with the filing of an2528
application for a permit or significant revision of an existing2529
permit under section 1513.07 of the Revised Code, the applicant2530
shall submit to the chief of the division of mineral resources 2531
management a copy of histhe applicant's advertisement of the 2532
ownership, precise location, and boundaries of the land to be2533
affected. At the time of submission, the advertisement shall be2534
placed by the applicant in a newspaper of general circulation in2535
the locality of the proposed coal mine at least once a week for2536
four consecutive weeks. The chief shall notify, in each county or 2537
part of a county in which a proposed area to be permitted is2538
located, the board of county commissioners, the board of township2539
trustees, the legislative authorities of municipal corporations,2540
private water companies, regional councils of governments, and the 2541
boards of directors of conservancy districts informing them of the 2542
operator's intention to conduct a coal mining operation on a 2543
particularly described tract of land and indicating the permit2544
application number and where a copy of the proposed mining and2545
reclamation plan may be inspected. The chief shall also notify the 2546
planning commissions with jurisdiction over all or part of the 2547
area to be permitted. These agencies, authorities, or companies 2548
may submit written comments on the application with respect to the 2549
effects of the proposed operation on the environment that are 2550
within their area of responsibility in quadruplicate to the chief 2551
within thirty days after notification by the chief of receipt of 2552
the application. The chief shall immediately transmit these 2553
comments to the applicant and make them available to the public at 2554
the same locations at which the mining application is available 2555
for inspection.2556

       (B) A person having an interest that is or may be adversely 2557
affected or the officer or head of any federal, state, or local 2558
governmental agency or authority may file written objections to 2559
the proposed initial or revised application for a coal mining and 2560
reclamation permit with the chief within thirty days after the 2561
last publication of the notice required by division (A) of this 2562
section. The objections shall immediately be transmitted to the 2563
applicant by the chief and shall be made available to the public. 2564
If written objections are filed and an informal conference 2565
requested, the chief or histhe chief's representative shall then 2566
hold an informal conference on the application for a permit within 2567
a reasonable time in the county where the largest area of the area 2568
to be permitted is located. The date, time, and location of the 2569
informal conference shall be advertised by the chief in a 2570
newspaper of general circulation in the locality at least two 2571
weeks prior to the scheduled conference date. The chief may 2572
arrange with the applicant, upon request by any objecting party, 2573
access to the proposed mining area for the purpose of gathering 2574
information relevant to the proceeding. An electronic or 2575
stenographic record shall be made of the conference proceeding 2576
unless waived by all parties. The record shall be maintained and 2577
shall be accessible to the parties until final release of the 2578
applicant's performance bondsecurity. If all parties requesting 2579
the informal conference stipulate agreement prior to the requested 2580
informal conference and withdraw their request, the informal 2581
conference need not be held.2582

       Sec. 1513.075. (A) As used in this section:2583

       (1) "Potential acidity" means a laboratory measurement of the 2584
amount of acidity that could be produced by material in a rock 2585
strata proposed to be disturbed by mining and that is expressed by 2586
a numeral indicating the number of tons of that acidity that would 2587
be present in one thousand tons of disturbed overburden.2588

       (2) "Neutralization potential" means a laboratory measurement 2589
of the alkalinity of a rock strata expressed as the amount of 2590
acidity that would be neutralized by material proposed to be 2591
disturbed by mining and that is expressed by a numeral indicating 2592
the number of tons of that alkalinity that would be present in one 2593
thousand tons of disturbed overburden.2594

       (3) "Test borings or core samplings" refer to test borings or 2595
core samplings performed on rock strata in an area proposed to be 2596
covered by a permit for a coal mining operation, the results of 2597
which must be stated in the permit application in accordance with 2598
division (B)(1)(o) of section 1513.07 of the Revised Code.2599

       (B) For purposes of the determination of the chief of the 2600
division of mineral resources management regarding whether to 2601
approve an application for a permit for a coal mining operation 2602
based on criteria established in divisions (E)(2)(a) and (c) of 2603
section 1513.07 of the Revised Code and related performance 2604
standards established in division (A)(10) of section 1513.16 of 2605
the Revised Code, the potential acidity and the neutralization 2606
potential of the rock strata that would be disturbed under the 2607
permit may be calculated in accordance with this section.2608

       (C) The measurement of potential acidity may be based on 2609
laboratory analyses of the sulfur content of the coal and 2610
overburden to be disturbed by mining. If the results of test 2611
borings or core samplings include laboratory analyses of the 2612
pyritic form of sulfur, the applicant may base the calculation of 2613
the potential acidity for the area on the pyritic sulfur content 2614
of the coal and overburden to be disturbed by mining rather than 2615
on the total sulfur content.2616

       (D) The tons of rock in the area represented by each core 2617
hole resulting from test boring or core sampling may be estimated 2618
and used to calculate the tons of potential acidity and tons of 2619
neutralization potential for each rock stratum. The sum of those 2620
values across the proposed permit area may be used to calculate 2621
the site's overall neutralization potential and potential acidity.2622

       (E) The proposed permit area may not be considered to have 2623
the potential to create acid or other toxic mine drainage if 2624
either of the following applies:2625

       (1) The numeral that indicates the site's overall 2626
neutralization potential divided by the numeral that indicates the 2627
site's overall potential acidity results in a quotient that is 2628
equal to or greater than two.2629

       (2) The numeral that indicates the neutralization potential 2630
subtracted from the numeral that indicates the potential acidity 2631
results in a remainder that is equal to or less than either of the 2632
following:2633

       (a) Negative five in the case that the total sulfur content 2634
of rock strata is used to calculate potential acidity;2635

       (b) Negative ten in the case that the pyritic sulfur content 2636
of rock strata is used to calculate potential acidity.2637

       Sec. 1513.08.  (A) After a coal mining and reclamation permit 2638
application has been approved, but before the permit is issued, 2639
the applicant shall file with the chief of the division of mineral 2640
resources management, on a form prescribed and furnished by the 2641
chief, a bond for performance payable, as appropriate, to the 2642
state and conditioned upon faithful performance of all the 2643
requirements of this chapter and the permitthe performance 2644
security required under this section. The bond2645

       (B) Using the information contained in the permit 2646
application; the requirements contained in the approved permit and 2647
reclamation plan; and, after considering the topography, geology, 2648
hydrology, and revegetation potential of the area of the approved 2649
permit, the probable difficulty of reclamation; the chief shall be 2650
in the amount of twenty-five hundred dollars times the number of 2651
acres of land upon which the operator states in the application 2652
for a permit the operator will initiate and conduct coal mining 2653
anddetermine the estimated cost of reclamation operations within2654
under the initial term of the permit if the reclamation has to be 2655
performed by the division of mineral resources management in the 2656
event of forfeiture of the performance security by the applicant. 2657
The minimum amount of a bond shall be ten thousand dollars. The 2658
bondThe chief shall send written notice of the amount of the 2659
estimated cost of reclamation by certified mail to the applicant. 2660
The applicant shall send written notice to the chief indicating 2661
the method by which the applicant will provide the performance 2662
security pursuant to division (C) of this section.2663

       (C) The applicant shall provide the performance security in 2664
an amount using one of the following:2665

       (1) If the applicant elects to provide performance security 2666
without reliance on the reclamation forfeiture fund created in 2667
section 1513.18 of the Revised Code, the amount of the estimated 2668
cost of reclamation as determined by the chief under division (B) 2669
of this section for the increments of land on which the operator 2670
will conduct a coal mining and reclamation operation under the 2671
initial term of the permit as indicated in the application;2672

       (2) If the applicant elects to provide performance security 2673
together with reliance on the reclamation forfeiture fund through 2674
payment of the additional tax on the severance of coal that is 2675
levied under division (A)(8) of section 5749.02 of the Revised 2676
Code, an amount of twenty-five hundred dollars per acre of land on 2677
which the operator will conduct coal mining and reclamation under 2678
the initial term of the permit as indicated in the application. 2679
However, in order to be eligible to provide performance security 2680
in accordance with division (C)(2) of this section, an applicant 2681
shall have held a permit issued under this chapter for any coal 2682
mining and reclamation operation for a period of not less than 2683
five years. In the event of forfeiture of performance security 2684
that was provided in accordance with division (C)(2) of this 2685
section, the difference between the amount of that performance 2686
security and the estimated cost of reclamation as determined by 2687
the chief under division (B) of this section shall be obtained 2688
from money in the reclamation forfeiture fund as needed to 2689
complete the reclamation.2690

       The performance security provided under division (C) of this 2691
section for the entire area to be mined under one permit issued 2692
under this chapter shall not be less than ten thousand dollars.2693

       The performance security shall cover areas of land affected 2694
by mining within or immediately adjacent to the permitted area, so 2695
long as the total number of acres does not exceed the number of 2696
acres bondedfor which the performance security is provided. 2697
However, the authority for bondthe performance security to cover 2698
areas of land immediately adjacent to the permitted area does not 2699
authorize a permittee to mine areas outside an approved permit 2700
area. As succeeding increments of coal mining and reclamation 2701
operations are to be initiated and conducted within the permit 2702
area, the permittee shall file with the chief an additional bond 2703
or bondsperformance security to cover the increments in 2704
accordance with this section. In the event of forfeiture of a 2705
bond, if the bond is insufficient to complete the reclamation, the 2706
chief shall complete the reclamation in accordance with section 2707
1513.18 of the Revised Code using funds from the reclamation2708
forfeiture fund created in that sectionIf a permittee intends to 2709
mine areas outside the approved permit area, the permittee shall 2710
provide additional performance security in accordance with this 2711
section to cover the areas to be mined.2712

       (B) LiabilityAn applicant shall provide performance security 2713
in accordance with division (C)(1) of this section in the full 2714
amount of the estimated cost of reclamation as determined by the 2715
chief for a permitted coal preparation plant or coal refuse 2716
disposal area that is not located within a permitted area of a 2717
mine. A permittee shall provide the performance security not later 2718
than one year after the effective date of this amendment for a 2719
permitted coal preparation plant or coal refuse disposal area that 2720
is in existence on the effective date of this amendment and that 2721
is not located within a permitted area of a mine.2722

        (D) A permittee's liability under the performance security 2723
shall be limited to the obligations established under the permit, 2724
which include completion of the reclamation plan in order to make 2725
the land capable of supporting the postmining land use that was 2726
approved in the permit. The period of liability under the bond2727
performance security shall be for the duration of the coal mining 2728
and reclamation operation and for a period coincident with the 2729
operator's responsibility for revegetation requirements under 2730
section 1513.16 of the Revised Code. The bond2731

       (E) The amount of the estimated cost of reclamation 2732
determined under division (B) of this section and the amount of a 2733
permittee's performance security provided in accordance with 2734
division (C)(1) of this section may be adjusted by the chief as 2735
the land that is affected by mining increases or decreases or if 2736
the cost of reclamation increases or decreases. If the performance 2737
security was provided in accordance with division (C)(2) of this 2738
section and the chief has issued a cessation order under division 2739
(D)(2) of section 1513.02 of the Revised Code for failure to abate 2740
a violation of the contemporaneous reclamation requirement under 2741
division (A)(15) of section 1513.16 of the Revised Code, the chief 2742
may require the permittee to increase the amount of performance 2743
security from twenty-five hundred dollars per acre of land to five 2744
thousand dollars per acre of land.2745

        The chief shall notify the permittee, each surety, and any 2746
person who has a property interest in the performance security and 2747
who has requested to be notified of any proposed adjustment to the 2748
performance security. The permittee may request an informal 2749
conference with the chief concerning the proposed adjustment, and 2750
the chief shall provide such an informal conference.2751

        If the chief increases the amount of performance security 2752
under this division, the permittee shall provide additional 2753
performance security in an amount determined by the chief. If the 2754
chief decreases the amount of performance security under this 2755
division, the chief shall determine the amount of the reduction of 2756
the performance security and send written notice of the amount of 2757
reduction to the permittee. The permittee may reduce the amount of 2758
the performance security in the amount determined by the chief.2759

       (F) A permittee may request a reduction in the amount of the 2760
performance security by submitting to the chief documentation 2761
proving that the amount of the performance security provided by 2762
the permittee exceeds the estimated cost of reclamation if the 2763
reclamation would have to be performed by the division in the 2764
event of forfeiture of the performance security. The chief shall 2765
examine the documentation and determine whether the permittee's 2766
performance security exceeds the estimated cost of reclamation. If 2767
the chief determines that the performance security exceeds that 2768
estimated cost, the chief shall determine the amount of the 2769
reduction of the performance security and send written notice of 2770
the amount to the permittee. The permittee may reduce the amount 2771
of the performance security in the amount determined by the chief. 2772
Adjustments in the amount of performance security under this 2773
division shall not be considered release of performance security 2774
and are not subject to section 1513.16 of the Revised Code.2775

       (G) If the performance security is a bond, it shall be 2776
executed by the operator and a corporate surety licensed to do 2777
business in this state, except that the operator may elect to 2778
deposit. If the performance security is a cash, negotiable bonds2779
of the United States or this state,deposit or negotiable 2780
certificates of deposit of anya bank or savings and loan 2781
association organized or transacting business in the United 2782
States, the bank or savings and loan association shall be licensed 2783
and operating in this state. The cash deposit or market value of 2784
the securities shall be equal to or greater than the amount of the 2785
bondperformance security required for the bonded areaunder this 2786
section. The chief shall review any documents pertaining to the 2787
performance security and approve or disapprove the documents. The 2788
chief shall notify the applicant of the chief's determination.2789

       (C) The(H) If the performance security is a bond, the chief 2790
may accept the bond of the applicant itself without separate 2791
surety when the applicant demonstrates to the satisfaction of the 2792
chief the existence of a suitable agent to receive service of 2793
process and a history of financial solvency and continuous 2794
operation sufficient for authorization to self-insure or bond the 2795
amount.2796

       (D) Cash or securities so deposited shall be deposited upon 2797
the same terms as the terms upon which surety bonds may be2798
deposited. The securities shall be security for the repayment of2799
the negotiable certificate of deposit.2800

       (E) The amount of the bond or deposit required and the terms 2801
of each acceptance of the applicant's bond shall be adjusted by 2802
the chief from time to time as affected land acreages are 2803
increased or decreased(I) Performance security provided under 2804
this section may be held in trust, provided that the state is the 2805
conditional beneficiary of the trust and the custodian of the 2806
performance security held in trust is a bank, trust company, or 2807
other financial institution that is licensed and operating in this 2808
state. The chief shall review the trust document and approve or 2809
disapprove the document. The chief shall notify the applicant of 2810
the chief's determination.2811

       (J) If a surety, bank, savings and loan association, trust 2812
company, or other financial institution that holds the performance 2813
security required under this section becomes insolvent, the 2814
permittee shall notify the chief of the insolvency, and the chief 2815
shall order the permittee to submit a plan for replacement 2816
performance security within thirty days after receipt of notice 2817
from the chief. If the permittee provided performance security in 2818
accordance with division (C)(1) of this section, the permittee 2819
shall provide the replacement performance security within ninety 2820
days after receipt of notice from the chief. If the permittee 2821
provided performance security in accordance with division (C)(2) 2822
of this section, the permittee shall provide the replacement 2823
performance security within one year after receipt of notice from 2824
the chief, and, for a period of one year after the permittee's 2825
receipt of notice from the chief or until the permittee provides 2826
the replacement performance security, whichever occurs first, 2827
money in the reclamation forfeiture fund shall be the permittee's 2828
replacement performance security in an amount not to exceed the 2829
estimated cost of reclamation as determined by the chief.2830

       (K) A permittee's responsibility for repairing material 2831
damage and replacement of water supply resulting from subsidence 2832
may be satisfied by liability insurance required under this 2833
chapter in lieu of the permittee's performance security if the 2834
liability insurance policy contains terms and conditions that 2835
specifically provide coverage for repairing material damage and 2836
replacement of water supply resulting from subsidence.2837

       (L) If the performance security provided in accordance with 2838
this section exceeds the estimated cost of reclamation, the chief 2839
may authorize the amount of the performance security that exceeds 2840
the estimated cost of reclamation together with any interest or 2841
other earnings on the performance security to be paid to the 2842
permittee.2843

       Sec. 1513.081. (A) If an operator becomes insolvent, the 2844
division of mineral resources management shall have a priority 2845
lien in front of all other interested creditors against the assets 2846
of that operator for the amount of any reclamation that is 2847
required as a result of the operator's mining activities. The 2848
chief of the division of mineral resources management shall file a 2849
statement in the office of the county recorder of each county in 2850
which the mined land lies of the estimated cost to reclaim the 2851
land. The estimated cost to reclaim the land shall include the 2852
direct and indirect costs of the development, design, 2853
construction, management, and administration of the reclamation. 2854
The statement shall constitute a lien on the assets of the 2855
operator as of the date of the filing. The lien shall continue in 2856
force so long as any portion of the lien remains unpaid or until 2857
the chief issues a certificate of release of the lien. If the 2858
chief issues a certificate of release of the lien, the chief shall 2859
file the certificate of release in the office of each applicable 2860
county recorder.2861

       (B) The chief promptly shall issue a certificate of release 2862
of a lien under any of the following circumstances:2863

        (1) Upon the repayment in full of the money that is necessary 2864
to complete the reclamation;2865

        (2) Upon the transfer of an existing permit that includes the 2866
areas of the operation for which reclamation was not completed to 2867
a different operator;2868

        (3) Any other circumstance that the chief determines to be in 2869
the best interests of the state.2870

        (C) The chief may modify the amount of a lien under this 2871
section. If the chief modifies a lien, the chief shall file a 2872
statement in the office of the county recorder of each applicable 2873
county of the new amount of the lien.2874

        (D) The chief may authorize an agent to hold a certificate of 2875
release in escrow for a period not to exceed one hundred eighty 2876
days for the purpose of facilitating the transfer of unreclaimed 2877
mine land.2878

        (E) All money from the collection of liens under this section 2879
shall be deposited in the state treasury to the credit of the 2880
reclamation forfeiture fund created in section 1513.18 of the 2881
Revised Code.2882

       Sec. 1513.13.  (A)(1) Any person having an interest that is 2883
or may be adversely affected by a notice of violation, order, or 2884
decision of the chief of the division of mineral resources2885
management, other than a show cause order or an order that adopts2886
a rule, or by any modification, vacation, or termination of such a2887
notice, order, or decision, may appeal by filing a notice of2888
appeal with the reclamation commission for review of the notice,2889
order, or decision within thirty days after the notice, order, or2890
decision is served upon the person or within thirty days after its2891
modification, vacation, or termination and by filing a copy of the2892
notice of appeal with the chief within three days after filing the2893
notice of appeal with the commission. The notice of appeal shall2894
contain a copy of the notice of violation, order, or decision2895
complained of and the grounds upon which the appeal is based. The2896
commission has exclusive original jurisdiction to hear and decide2897
such appeals. The filing of a notice of appeal under division2898
(A)(1) of this section does not operate as a stay of any order,2899
notice of violation, or decision of the chief.2900

       (2) The permittee, the chief, and other interested persons2901
shall be given written notice of the time and place of the hearing2902
at least five days prior thereto. The hearing shall be of record.2903

       (3) Any person authorized under this section to appeal to the 2904
commission may request an informal review by the chief or the2905
chief's designee by filing a written request with the chief within2906
thirty days after a notice, order, decision, modification,2907
vacation, or termination is served upon the person. Filing of the2908
written request shall toll the time for appeal before the2909
commission, but shall not operate as a stay of any order, notice2910
of violation, or decision of the chief. The chief's determination2911
of an informal review is appealable to the commission under this2912
section.2913

       (B) The commission shall affirm the notice of violation,2914
order, or decision of the chief unless the commission determines2915
that it is arbitrary, capricious, or otherwise inconsistent with2916
law; in that case the commission may modify the notice of2917
violation, order, or decision or vacate it and remand it to the2918
chief for further proceedings that the commission may direct.2919

       The commission shall conduct hearings and render decisions in2920
a timely fashion, except that all of the following apply:2921

       (1) When the appeal concerns an order for the cessation of2922
coal mining and reclamation operations issued pursuant to division2923
(D)(1) or (2) of section 1513.02 of the Revised Code, the2924
commission shall issue its written decision within thirty days2925
after the receipt of the appeal unless temporary relief has been2926
granted by the chairperson pursuant to division (C) of this2927
section.2928

       (2) When the appeal concerns an application for a permit2929
under division (I) of section 1513.07 of the Revised Code, the2930
commission shall hold a hearing within thirty days after receipt2931
of the notice of appeal and issue its decision within thirty days2932
after the hearing.2933

       (3) When the appeal concerns a decision of the chief2934
regarding release of bonda performance security under division 2935
(F) of section 1513.16 of the Revised Code, the commission shall 2936
hold a hearing within thirty days after receipt of the notice of 2937
appeal and issue its decision within sixty days after the hearing.2938

       (4) When the appeal concerns a decision of the chief2939
regarding the location of a well in a coal bearing township under2940
section 1509.08 of the Revised Code, the commission shall hold a2941
hearing and issue its decision within thirty days after receipt of2942
the notice of appeal.2943

       (C) The chairperson of the commission, under conditions the2944
chairperson prescribes, may grant temporary relief the chairperson2945
considers appropriate pending final determination of an appeal if2946
all of the following conditions are met:2947

       (1) All parties to the appeal have been notified and given an 2948
opportunity for a hearing to be held in the locality of the2949
subject site on the request for temporary relief and the2950
opportunity to be heard on the request.2951

       (2) The person requesting relief shows that there is a2952
substantial likelihood that the person will prevail on the merits.2953

       (3) The relief will not adversely affect public health or2954
safety or cause significant imminent environmental harm to land,2955
air, or water resources.2956

       The chairperson shall issue a decision expeditiously, except2957
that when the applicant requests relief from an order for the2958
cessation of coal mining and reclamation operations issued2959
pursuant to division (D)(1) or (2) of section 1513.02 of the2960
Revised Code, the decision shall be issued within five days after2961
its receipt.2962

       Any party to an appeal filed with the commission who is2963
aggrieved or adversely affected by a decision of the chairperson2964
to grant or deny temporary relief under this section may appeal2965
that decision to the commission. The commission may confine its2966
review to the record developed at the hearing before the2967
chairperson.2968

       The appeal shall be filed with the commission within thirty2969
days after the chairperson issues the decision on the request for2970
temporary relief. The commission shall issue a decision as2971
expeditiously as possible, except that when the appellant requests2972
relief from an order for the cessation of coal mining and2973
reclamation operations issued pursuant to division (D)(1) or (2)2974
of section 1513.02 of the Revised Code, the decision of the2975
commission shall be issued within five days after receipt of the2976
notice of appeal.2977

       The commission shall affirm the decision of the chairperson2978
granting or denying temporary relief unless it determines that the2979
decision is arbitrary, capricious, or otherwise inconsistent with2980
law.2981

       (D) Following the issuance of an order to show cause as to2982
why a permit should not be suspended or revoked pursuant to2983
division (D)(3) of section 1513.02 of the Revised Code, the chief2984
or a representative of the chief shall hold a public adjudicatory2985
hearing after giving written notice of the time, place, and date2986
thereof. The hearing shall be of record.2987

       Within sixty days following the public hearing, the chief2988
shall issue and furnish to the permittee and all other parties to2989
the hearing a written decision, and the reasons therefor,2990
concerning suspension or revocation of the permit. If the chief2991
revokes the permit, the permittee immediately shall cease coal2992
mining operations on the permit area and shall complete2993
reclamation within a period specified by the chief, or the chief2994
shall declare as forfeited the performance bondssecurity for the2995
operation.2996

       (E)(1) Whenever an enforcement order or permit decision is2997
appealed under this section or any action is filed under division2998
(B) of section 1513.15 or 1513.39 of the Revised Code, at the2999
request of a prevailing party, a sum equal to the aggregate amount3000
of all costs and expenses, including attorney's fees, as3001
determined to have been necessary and reasonably incurred by the3002
prevailing party for or in connection with participation in the3003
enforcement proceedings before the commission, the court under3004
section 1513.15 of the Revised Code, or the chief under section3005
1513.39 of the Revised Code, may be awarded, as considered proper,3006
in accordance with divisions (E)(1)(a) to (c) of this section. In3007
no event shall attorney's fees awarded under this section exceed,3008
for the kind and quality of services, the prevailing market rates3009
at the time the services were furnished under division (A) of this3010
section. A party may be entitled to costs and expenses related3011
solely to the preparation, defense, and appeal of a petition for3012
costs and expenses, provided that the costs and expenses are3013
limited and proportionate to costs and expenses otherwise allowed3014
under division (E) of this section.3015

       (a) A party, other than the permittee or the division of3016
mineral resources management, shall file a petition, if any, for3017
an award of costs and expenses, including attorney's fees, with3018
the chief, who shall review the petition. If the chief finds that3019
the party, other than the permittee or the division, prevailed in3020
whole or in part, made a substantial contribution to a full and3021
fair determination of the issues, and made a contribution separate3022
and distinct from the contribution made by any other party, the3023
chief may award to that party the party's costs and expenses,3024
including attorney's fees that were necessary and reasonably3025
incurred by the petitioning party for, or in connection with,3026
participation in the proceeding before the commission.3027

       (b) If a permittee who made a request under division (E)(1)3028
of this section demonstrates that a party other than a permittee3029
who initiated an appeal under this section or participated in such3030
an appeal initiated or participated in the appeal in bad faith and3031
for the purpose of harassing or embarrassing the permittee, the3032
permittee may file a petition with the chief. The chief may award3033
to the permittee the costs and expenses reasonably incurred by the3034
permittee in connection with participation in the appeal and3035
assess those costs and expenses against the party who initiated3036
the appeal.3037

       (c) The division may file, with the commission, a request for 3038
an award to the division of the costs and expenses reasonably3039
incurred by the division in connection with an appeal initiated3040
under this section. The commission may assess those costs and3041
expenses against the party who initiated the appeal if the3042
division demonstrates that the party initiated or participated in3043
the appeal in bad faith and for the purpose of harassing or3044
embarrassing the division.3045

       (2) Whenever an order issued under this section or as a3046
result of any administrative proceeding under this chapter is the3047
subject of judicial review, at the request of any party, a sum3048
equal to the aggregate amount of all costs and expenses, including3049
attorney's fees, as determined by the court to have been necessary3050
and reasonably incurred by the party for or in connection with3051
participation in the proceedings, may be awarded to either party,3052
in accordance with division (E)(1) of this section, as the court,3053
on the basis of judicial review, considers proper.3054

       Sec. 1513.16.  (A) Any permit issued under this chapter to3055
conduct coal mining operations shall require that the operations3056
meet all applicable performance standards of this chapter and such 3057
other requirements as the chief of the division of mineral 3058
resources management shall adopt by rule. General performance 3059
standards shall apply to all coal mining and reclamation 3060
operations and shall require the operator at a minimum to do all 3061
of the following:3062

       (1) Conduct coal mining operations so as to maximize the3063
utilization and conservation of the solid fuel resource being3064
recovered so that reaffecting the land in the future through coal3065
mining can be minimized;3066

       (2) Restore the land affected to a condition capable of3067
supporting the uses that it was capable of supporting prior to any 3068
mining, or higher or better uses of which there is reasonable3069
likelihood, so long as the uses do not present any actual or3070
probable hazard to public health or safety or pose any actual or3071
probable threat of diminution or pollution of the waters of the3072
state, and the permit applicants' declared proposed land uses3073
following reclamation are not considered to be impractical or3074
unreasonable, to be inconsistent with applicable land use policies 3075
and plans, to involve unreasonable delay in implementation, or to 3076
violate federal, state, or local law;3077

       (3) Except as provided in division (B) of this section, with 3078
respect to all coal mining operations, backfill, compact where 3079
advisable to ensure stability or to prevent leaching of toxic 3080
materials, and grade in order to restore the approximate original 3081
contour of the land with all highwalls, spoil piles, and3082
depressions eliminated unless small depressions are needed in3083
order to retain moisture to assist revegetation or as otherwise3084
authorized pursuant to this chapter, provided that if the operator 3085
demonstrates that due to volumetric expansion the amount of 3086
overburden and the spoil and waste materials removed in the course 3087
of the mining operation are more than sufficient to restore the 3088
approximate original contour, the operator shall backfill, grade, 3089
and compact the excess overburden and other spoil and waste 3090
materials to attain the lowest grade, but not more than the angle 3091
of repose, and to cover all acid-forming and other toxic materials 3092
in order to achieve an ecologically sound land use compatible with 3093
the surrounding region in accordance with the approved mining 3094
plan. The overburden or spoil shall be shaped and graded in such a 3095
way as to prevent slides, erosion, and water pollution and shall 3096
be revegetated in accordance with this chapter.3097

       (4) Stabilize and protect all surface areas, including spoil 3098
piles affected by the coal mining and reclamation operation, to 3099
control erosion and attendant air and water pollution effectively;3100

       (5) Remove the topsoil from the land in a separate layer,3101
replace it on the backfill area, or, if not utilized immediately,3102
segregate it in a separate pile from the spoil, and when the3103
topsoil is not replaced on a backfill area within a time short3104
enough to avoid deterioration of the topsoil, maintain a3105
successful cover by quick-growing plants or other means thereafter 3106
so that the topsoil is preserved from wind and water erosion, 3107
remains free of any contamination by acid or other toxic material, 3108
and is in a usable condition for sustaining vegetation when 3109
restored during reclamation. If the topsoil is of insufficient 3110
quantity or of poor quality for sustaining vegetation or if other 3111
strata can be shown to be more suitable for vegetation 3112
requirements, the operator shall remove, segregate, and preserve 3113
in a like manner such other strata as are best able to support 3114
vegetation.3115

       (6) Restore the topsoil or the best available subsoil that is 3116
best able to support vegetation;3117

       (7) For all prime farmlands as identified in division3118
(B)(2)(1)(p) of section 1513.07 of the Revised Code to be mined 3119
and reclaimed, perform soil removal, storage, replacement, and 3120
reconstruction in accordance with specifications established by 3121
the secretary of the United States department of agriculture under 3122
the "Surface Mining Control and Reclamation Act of 1977," 91 Stat. 3123
445, 30 U.S.C.A. 1201. The operator, at a minimum, shall be 3124
required to do all of the following:3125

       (a) Segregate the A horizon of the natural soil, except where 3126
it can be shown that other available soil materials will create a 3127
final soil having a greater productive capacity, and, if not 3128
utilized immediately, stockpile this material separately from the 3129
spoil and provide needed protection from wind and water erosion or 3130
contamination by acid or other toxic material;3131

       (b) Segregate the B horizon of the natural soil, or3132
underlying C horizons or other strata, or a combination of such3133
horizons or other strata that are shown to be both texturally and3134
chemically suitable for plant growth and that can be shown to be3135
equally or more favorable for plant growth than the B horizon, in3136
sufficient quantities to create in the regraded final soil a root3137
zone of comparable depth and quality to that which existed in the3138
natural soil, and, if not utilized immediately, stockpile this3139
material separately from the spoil and provide needed protection3140
from wind and water erosion or contamination by acid or other3141
toxic material;3142

       (c) Replace and regrade the root zone material described in 3143
division (A)(7)(b) of this section with proper compaction and3144
uniform depth over the regraded spoil material;3145

       (d) Redistribute and grade in a uniform manner the surface3146
soil horizon described in division (A)(7)(a) of this section.3147

       (8) Create, if authorized in the approved mining and3148
reclamation plan and permit, permanent impoundments of water on3149
mining sites as part of reclamation activities only when it is3150
adequately demonstrated by the operator that all of the following3151
conditions will be met:3152

       (a) The size of the impoundment is adequate for its intended 3153
purposes.3154

       (b) The impoundment dam construction will be so designed as 3155
to achieve necessary stability with an adequate margin of safety 3156
compatible with that of structures constructed under the3157
"Watershed Protection and Flood Prevention Act," 68 Stat. 6663158
(1954), 16 U.S.C. 1001, as amended.3159

       (c) The quality of impounded water will be suitable on a3160
permanent basis for its intended use and discharges from the3161
impoundment will not degrade the water quality below water quality 3162
standards established pursuant to applicable federal and state law 3163
in the receiving stream.3164

       (d) The level of water will be reasonably stable.3165

       (e) Final grading will provide adequate safety and access for 3166
proposed water users.3167

       (f) The water impoundments will not result in the diminution 3168
of the quality or quantity of water utilized by adjacent or 3169
surrounding landowners for agricultural, industrial, recreational, 3170
or domestic uses.3171

       (9) Conduct any augering operation associated with strip3172
mining in a manner to maximize recoverability of mineral reserves3173
remaining after the operation and reclamation are complete and3174
seal all auger holes with an impervious and noncombustible3175
material in order to prevent drainage, except where the chief3176
determines that the resulting impoundment of water in such auger3177
holes may create a hazard to the environment or the public health3178
or safety. The chief may prohibit augering if necessary to3179
maximize the utilization, recoverability, or conservation of the3180
solid fuel resources or to protect against adverse water quality3181
impacts.3182

       (10) Minimize the disturbances to the prevailing hydrologic 3183
balance at the mine site and in associated offsite areas and to 3184
the quality and quantity of water in surface and ground water 3185
systems both during and after coal mining operations and during 3186
reclamation by doing all of the following:3187

       (a) Avoiding acid or other toxic mine drainage by such3188
measures as, but not limited to:3189

       (i) Preventing or removing water from contact with toxic3190
producing deposits;3191

       (ii) Treating drainage to reduce toxic content that adversely 3192
affects downstream water upon being released to water courses in 3193
accordance with rules adopted by the chief in accordance with 3194
section 1513.02 of the Revised Code;3195

       (iii) Casing, sealing, or otherwise managing boreholes,3196
shafts, and wells, and keeping acid or other toxic drainage from3197
entering ground and surface waters.3198

       (b)(i) Conducting coal mining operations so as to prevent, to 3199
the extent possible using the best technology currently available, 3200
additional contributions of suspended solids to streamflow or 3201
runoff outside the permit area, but in no event shall 3202
contributions be in excess of requirements set by applicable state 3203
or federal laws;3204

       (ii) Constructing any siltation structures pursuant to3205
division (A)(10)(b)(i) of this section prior to commencement of3206
coal mining operations. The structures shall be certified by3207
persons approved by the chief to be constructed as designed and as 3208
approved in the reclamation plan.3209

       (c) Cleaning out and removing temporary or large settling3210
ponds or other siltation structures from drainways after disturbed 3211
areas are revegetated and stabilized, and depositing the silt and 3212
debris at a site and in a manner approved by the chief;3213

       (d) Restoring recharge capacity of the mined area to3214
approximate premining conditions;3215

       (e) Avoiding channel deepening or enlargement in operations 3216
requiring the discharge of water from mines;3217

       (f) Such other actions as the chief may prescribe.3218

       (11) With respect to surface disposal of mine wastes,3219
tailings, coal processing wastes, and other wastes in areas other3220
than the mine working areas or excavations, stabilize all waste3221
piles in designated areas through construction in compacted3222
layers, including the use of noncombustible and impervious3223
materials if necessary, and ensure that the final contour of the3224
waste pile will be compatible with natural surroundings and that3225
the site can and will be stabilized and revegetated according to3226
this chapter;3227

       (12) Refrain from coal mining within five hundred feet of3228
active and abandoned underground mines in order to prevent3229
breakthroughs and to protect the health or safety of miners. The3230
chief shall permit an operator to mine near, through, or partially 3231
through an abandoned underground mine or closer than five hundred 3232
feet to an active underground mine if both of the following3233
conditions are met:3234

       (a) The nature, timing, and sequencing of the approximate3235
coincidence of specific strip mine activities with specific3236
underground mine activities are approved by the chief;.3237

       (b) The operations will result in improved resource recovery, 3238
abatement of water pollution, or elimination of hazards to the 3239
health and safety of the public.3240

       (13) Design, locate, construct, operate, maintain, enlarge, 3241
modify, and remove or abandon, in accordance with the standards 3242
and criteria developed pursuant to rules adopted by the chief, all 3243
existing and new coal mine waste piles consisting of mine wastes, 3244
tailings, coal processing wastes, or other liquid and solid 3245
wastes, and used either temporarily or permanently as dams or 3246
embankments;3247

       (14) Ensure that all debris, acid-forming materials, toxic3248
materials, or materials constituting a fire hazard are treated or3249
buried and compacted or otherwise disposed of in a manner designed 3250
to prevent contamination of ground or surface waters and that 3251
contingency plans are developed to prevent sustained combustion;3252

       (15) Ensure that all reclamation efforts proceed in an3253
environmentally sound manner and as contemporaneously as3254
practicable with the coal mining operations, except that where the 3255
applicant proposes to combine strip mining operations with3256
underground mining operations to ensure maximum practical recovery 3257
of the mineral resources, the chief may grant a variance for 3258
specific areas within the reclamation plan from the requirement 3259
that reclamation efforts proceed as contemporaneously as 3260
practicable to permit underground mining operations prior to3261
reclamation if:3262

       (a) The chief finds in writing that:3263

       (i) The applicant has presented, as part of the permit3264
application, specific, feasible plans for the proposed underground 3265
mining operations.3266

       (ii) The proposed underground mining operations are necessary 3267
or desirable to ensure maximum practical recovery of the mineral 3268
resource and will avoid multiple disturbance of the surface.3269

       (iii) The applicant has satisfactorily demonstrated that the 3270
plan for the underground mining operations conforms to3271
requirements for underground mining in this state and that permits 3272
necessary for the underground mining operations have been issued 3273
by the appropriate authority.3274

       (iv) The areas proposed for the variance have been shown by 3275
the applicant to be necessary for the implementing of the proposed 3276
underground mining operations.3277

       (v) No substantial adverse environmental damage, either3278
on-site or off-site, will result from the delay in completion of3279
reclamation as required by this chapter.3280

       (vi) Provisions for the off-site storage of spoil will comply 3281
with division (A)(21) of this section.3282

       (b) The chief has adopted specific rules to govern the3283
granting of such variances in accordance with this division and3284
has imposed such additional requirements as the chief considers 3285
necessary.3286

       (c) Variances granted under this division shall be reviewed 3287
by the chief not more than three years from the date of issuance 3288
of the permit.3289

       (d) Liability under the bondperformance security filed by 3290
the applicant with the chief pursuant to section 1513.08 of the 3291
Revised Code shall be for the duration of the underground mining 3292
operations and until the requirements of this section and section 3293
1513.08 of the Revised Code have been fully complied with.3294

       (16) Ensure that the construction, maintenance, and3295
postmining conditions of access roads into and across the site of3296
operations will control or prevent erosion and siltation,3297
pollution of water, and damage to fish or wildlife or their3298
habitat, or to public or private property;3299

       (17) Refrain from the construction of roads or other access 3300
ways up a stream bed or drainage channel or in such proximity to 3301
the channel as to seriously alter the normal flow of water;3302

       (18) Establish, on the regraded areas and all other lands3303
affected, a diverse, effective, and permanent vegetative cover of3304
the same seasonal variety native to the area of land to be3305
affected and capable of self-regeneration and plant succession at3306
least equal in extent of cover to the natural vegetation of the3307
area, except that introduced species may be used in the3308
revegetation process where desirable and necessary to achieve the3309
approved postmining land use plan;3310

       (19)(a) Assume the responsibility for successful3311
revegetation, as required by division (A)(18) of this section, for 3312
a period of five full years after the last year of augmented3313
seeding, fertilizing, irrigation, or other work in order to ensure 3314
compliance with that division, except that when the chief approves 3315
a long-term intensive agricultural postmining land use, the 3316
applicable five-year period of responsibility for revegetation 3317
shall commence at the date of initial planting for that long-term 3318
intensive agricultural postmining land use, and except that when 3319
the chief issues a written finding approving a long-term intensive 3320
agricultural postmining land use as part of the mining and 3321
reclamation plan, the chief may grant an exception to division 3322
(A)(18) of this section;3323

       (b) On lands eligible for remining, assume the responsibility 3324
for successful revegetation, as required by division (A)(18) of 3325
this section, for a period of two full years after the last year 3326
of augmented seeding, fertilizing, irrigation, or other work in 3327
order to ensure compliance with that division.3328

       (20) Protect off-site areas from slides or damage occurring 3329
during the coal mining and reclamation operations and not deposit 3330
spoil material or locate any part of the operations or waste 3331
accumulations outside the permit area;3332

       (21) Place all excess spoil material resulting from coal3333
mining and reclamation operations in such a manner that all of the 3334
following apply:3335

       (a) Spoil is transported and placed in a controlled manner in 3336
position for concurrent compaction and in such a way as to ensure 3337
mass stability and to prevent mass movement.3338

       (b) The areas of disposal are within the bonded permit areas 3339
for which performance security has been provided. All organic 3340
matter shall be removed immediately prior to spoil placement 3341
except in the zoned concept method.3342

       (c) Appropriate surface and internal drainage systems and3343
diversion ditches are used so as to prevent spoil erosion and mass 3344
movement.3345

       (d) The disposal area does not contain springs, natural3346
watercourses, or wet weather seeps unless lateral drains are3347
constructed from the wet areas to the main underdrains in such a3348
manner that filtration of the water into the spoil pile will be3349
prevented unless the zoned concept method is used.3350

       (e) If placed on a slope, the spoil is placed upon the most 3351
moderate slope among those slopes upon which, in the judgment of 3352
the chief, the spoil could be placed in compliance with all the 3353
requirements of this chapter and is placed, where possible, upon, 3354
or above, a natural terrace, bench, or berm if that placement 3355
provides additional stability and prevents mass movement.3356

       (f) Where the toe of the spoil rests on a downslope, a rock 3357
toe buttress of sufficient size to prevent mass movement is3358
constructed.3359

       (g) The final configuration is compatible with the natural3360
drainage pattern and surroundings and suitable for intended uses.3361

       (h) Design of the spoil disposal area is certified by a3362
qualified registered professional engineer in conformance with3363
professional standards.3364

       (i) All other provisions of this chapter are met.3365

       (22) Meet such other criteria as are necessary to achieve3366
reclamation in accordance with the purpose of this chapter, taking 3367
into consideration the physical, climatological, and other3368
characteristics of the site;3369

       (23) To the extent possible, using the best technology3370
currently available, minimize disturbances and adverse impacts of3371
the operation on fish, wildlife, and related environmental values, 3372
and achieve enhancement of such resources where practicable;3373

       (24) Provide for an undisturbed natural barrier beginning at 3374
the elevation of the lowest coal seam to be mined and extending 3375
from the outslope for such distance as the chief shall determine 3376
to be retained in place as a barrier to slides and erosion.3377

       (B)(1) The chief may permit mining operations for the3378
purposes set forth in division (B)(3) of this section.3379

       (2) When an applicant meets the requirements of divisions3380
(B)(3) and (4) of this section, a permit without regard to the3381
requirement to restore to approximate original contour known as3382
mountain top removal set forth in divisions (A)(3) or (C)(2) and3383
(3) of this section may be granted for the mining of coal where3384
the mining operation will remove an entire coal seam or seams3385
running through the upper fraction of a mountain, ridge, or hill,3386
except as provided in division (B)(4)(a) of this section, by3387
removing all of the overburden and creating a level plateau or a3388
gently rolling contour with no highwalls remaining, and capable of 3389
supporting postmining uses in accordance with this division.3390

       (3) In cases where an industrial, commercial, agricultural, 3391
residential, or public facility use, including recreational 3392
facilities, is proposed for the postmining use of the affected 3393
land, the chief may grant a permit for a mining operation of the 3394
nature described in division (B)(2) of this section when all of 3395
the following apply:3396

       (a) After consultation with the appropriate land use planning 3397
agencies, if any, the proposed postmining land use is considered 3398
to constitute an equal or better economic or public use of the 3399
affected land, as compared with premining use.3400

       (b) The applicant presents specific plans for the proposed3401
postmining land use and appropriate assurances that the use will3402
be all of the following:3403

       (i) Compatible with adjacent land uses;3404

       (ii) Obtainable according to data regarding expected need and 3405
market;3406

       (iii) Assured of investment in necessary public facilities;3407

       (iv) Supported by commitments from public agencies where3408
appropriate;3409

       (v) Practicable with respect to private financial capability 3410
for completion of the proposed use;3411

       (vi) Planned pursuant to a schedule attached to the3412
reclamation plan so as to integrate the mining operation and3413
reclamation with the postmining land use;3414

       (vii) Designed by a registered engineer in conformity with3415
professional standards established to ensure the stability,3416
drainage, and configuration necessary for the intended use of the3417
site.3418

       (c) The proposed use is consistent with adjacent land uses3419
and existing state and local land use plans and programs.3420

       (d) The chief provides the governing body of the unit of3421
general-purpose local government in which the land is located, and 3422
any state or federal agency that the chief, in the chief's 3423
discretion, determines to have an interest in the proposed use, an 3424
opportunity of not more than sixty days to review and comment on 3425
the proposed use.3426

       (e) All other requirements of this chapter will be met.3427

       (4) In granting a permit pursuant to this division, the chief 3428
shall require that each of the following is met:3429

       (a) The toe of the lowest coal seam and the overburden3430
associated with it are retained in place as a barrier to slides3431
and erosion.3432

       (b) The reclaimed area is stable.3433

       (c) The resulting plateau or rolling contour drains inward3434
from the outslopes except at specified points.3435

       (d) No damage will be done to natural watercourses.3436

       (e) Spoil will be placed on the mountaintop bench as is3437
necessary to achieve the planned postmining land use, except that3438
all excess spoil material not retained on the mountaintop bench3439
shall be placed in accordance with division (A)(21) of this3440
section.3441

       (f) Stability of the spoil retained on the mountaintop bench 3442
is ensured and the other requirements of this chapter are met.3443

       (5) The chief shall adopt specific rules to govern the3444
granting of permits in accordance with divisions (B)(1) to (4) of3445
this section and may impose such additional requirements as the3446
chief considers necessary.3447

       (6) All permits granted under divisions (B)(1) to (4) of this 3448
section shall be reviewed not more than three years from the date 3449
of issuance of the permit unless the applicant affirmatively3450
demonstrates that the proposed development is proceeding in3451
accordance with the terms of the approved schedule and reclamation 3452
plan.3453

       (C) All of the following performance standards apply to3454
steep-slope coal mining and are in addition to those general3455
performance standards required by this section, except that this3456
division does not apply to those situations in which an operator3457
is mining on flat or gently rolling terrain on which an occasional 3458
steep slope is encountered through which the mining operation is 3459
to proceed, leaving a plain or predominantly flat area, or where 3460
an operator is in compliance with division (B) of this section:3461

       (1) The operator shall ensure that when performing coal3462
mining on steep slopes, no debris, abandoned or disabled3463
equipment, spoil material, or waste mineral matter is placed on3464
the downslope below the bench or mining cut. Spoil material in3465
excess of that required for the reconstruction of the approximate3466
original contour under division (A)(3) or (C)(2) of this section3467
shall be permanently stored pursuant to division (A)(21) of this3468
section.3469

       (2) The operator shall complete backfilling with spoil3470
material to cover completely the highwall and return the site to3471
the approximate original contour, which material will maintain3472
stability following mining and reclamation.3473

       (3) The operator shall not disturb land above the top of the 3474
highwall unless the chief finds that the disturbance will3475
facilitate compliance with the environmental protection standards3476
of this section, except that any such disturbance involving land3477
above the highwall shall be limited to that amount of land3478
necessary to facilitate compliance.3479

       (D)(1) The chief may permit variances for the purposes set3480
forth in division (D)(3) of this section, provided that the3481
watershed control of the area is improved and that complete3482
backfilling with spoil material shall be required to cover3483
completely the highwall, which material will maintain stability3484
following mining and reclamation.3485

       (2) Where an applicant meets the requirements of divisions3486
(D)(3) and (4) of this section, a variance from the requirement to 3487
restore to approximate original contour set forth in division3488
(C)(2) of this section may be granted for the mining of coal when 3489
the owner of the surface knowingly requests in writing, as a part 3490
of the permit application, that such a variance be granted so as 3491
to render the land, after reclamation, suitable for an industrial, 3492
commercial, residential, or public use, including recreational 3493
facilities, in accordance with divisions (D)(3) and (4) of this3494
section.3495

       (3) A variance pursuant to division (D)(2) of this section3496
may be granted if:3497

       (a) After consultation with the appropriate land use planning 3498
agencies, if any, the potential use of the affected land is 3499
considered to constitute an equal or better economic or public3500
use.3501

       (b) The postmining land condition is designed and certified 3502
by a registered professional engineer in conformity with 3503
professional standards established to ensure the stability,3504
drainage, and configuration necessary for the intended use of the3505
site.3506

       (c) After approval of the appropriate state environmental3507
agencies, the watershed of the affected land is considered to be3508
improved.3509

       (4) In granting a variance pursuant to division (D) of this 3510
section, the chief shall require that only such amount of spoil 3511
will be placed off the mine bench as is necessary to achieve the 3512
planned postmining land use, ensure stability of the spoil 3513
retained on the bench, and meet all other requirements of this 3514
chapter. All spoil placement off the mine bench shall comply with 3515
division (A)(21) of this section.3516

       (5) The chief shall adopt specific rules to govern the3517
granting of variances under division (D) of this section and may3518
impose such additional requirements as the chief considers3519
necessary.3520

       (6) All variances granted under division (D) of this section 3521
shall be reviewed not more than three years from the date of 3522
issuance of the permit unless the permittee affirmatively3523
demonstrates that the proposed development is proceeding in3524
accordance with the terms of the reclamation plan.3525

       (E) The chief shall establish standards and criteria3526
regulating the design, location, construction, operation,3527
maintenance, enlargement, modification, removal, and abandonment3528
of new and existing coal mine waste piles referred to in division3529
(A)(13) of this section and division (A)(5) of section 1513.35 of3530
the Revised Code. The standards and criteria shall conform to the 3531
standards and criteria used by the chief of the United States army 3532
corps of engineers to ensure that flood control structures are 3533
safe and effectively perform their intended function. In addition 3534
to engineering and other technical specifications, the standards 3535
and criteria developed pursuant to this division shall include 3536
provisions for review and approval of plans and specifications 3537
prior to construction, enlargement, modification, removal, or 3538
abandonment; performance of periodic inspections during 3539
construction; issuance of certificates of approval upon completion 3540
of construction; performance of periodic safety inspections; and 3541
issuance of notices for required remedial or maintenance work.3542

       (F)(1) The permittee may file a request with the chief for3543
release of a part of a performance bond or depositsecurity under 3544
division (F)(3) of this section. Within thirty days after any 3545
request for bond or depositperformance security release under 3546
this section has been filed with the chief, the operator shall 3547
submit a copy of an advertisement placed at least once a week for 3548
four successive weeks in a newspaper of general circulation in the 3549
locality of the coal mining operation. The advertisement shall be 3550
considered part of any bondperformance security release 3551
application and shall contain a notification of the precise 3552
location of the land affected, the number of acres, the permit 3553
number and the date approved, the amount of the bondperformance 3554
security filed and the portion sought to be released, the type and 3555
appropriate dates of reclamation work performed, and a description 3556
of the results achieved as they relate to the operator's approved3557
reclamation plan and, if applicable, the operator's pollution3558
abatement plan. In addition, as part of any bondperformance 3559
security release application, the applicant shall submit copies of 3560
the letters sent to adjoining property owners, local governmental 3561
bodies, planning agencies, and sewage and water treatment 3562
authorities or water companies in the locality in which the coal 3563
mining and reclamation activities took place, notifying them of 3564
the applicant's intention to seek release from the bond3565
performance security.3566

       (2) Upon receipt of a copy of the advertisement and request 3567
for release of a bond or depositperformance security under 3568
division (F)(3)(c) of this section, the chief, within thirty days, 3569
shall conduct an inspection and evaluation of the reclamation work 3570
involved. The evaluation shall consider, among other things, the 3571
degree of difficulty to complete any remaining reclamation, 3572
whether pollution of surface and subsurface water is occurring, 3573
the probability of continuation or future occurrence of the3574
pollution, and the estimated cost of abating the pollution. The3575
chief shall notify the permittee in writing of the decision to3576
release or not to release all or part of the performance bond or3577
depositsecurity within sixty days after the filing of the request 3578
if no public hearing is held pursuant to division (F)(6) of this3579
section or, if there has been a public hearing held pursuant to3580
division (F)(6) of this section, within thirty days thereafter.3581

       (3) The chief may release the bond or depositperformance 3582
security if the reclamation covered by the bond or deposit3583
performance security or portion thereof has been accomplished as 3584
required by this chapter and rules adopted under it according to 3585
the following schedule:3586

       (a) When the operator completes the backfilling, regrading, 3587
and drainage control of a bondedan area for which performance 3588
security has been provided in accordance with the approved 3589
reclamation plan, and, if the area covered by the bond or deposit3590
performance security is one for which an authorization was made3591
under division (E)(7) of section 1513.07 of the Revised Code, the3592
operator has complied with the approved pollution abatement plan3593
and all additional requirements established by the chief in rules3594
adopted under section 1513.02 of the Revised Code governing coal3595
mining and reclamation operations on pollution abatement areas,3596
the chief shall grant a release of fifty per cent of the bond or3597
depositperformance security for the applicable permit area.3598

       (b) After resoiling and revegetation have been established on 3599
the regraded mined lands in accordance with the approved3600
reclamation plan, the chief shall grant a release in an amount not 3601
exceeding thirty-five per cent of the original bond or deposit3602
performance security for all or part of the affected area under 3603
the permit. When determining the amount of bondperformance 3604
security to be released after successful revegetation has been 3605
established, the chief shall retain that amount of bond3606
performance security for the revegetated area that would be3607
sufficient for a third party to cover the cost of reestablishing3608
revegetation for the period specified for operator responsibility3609
in this section for reestablishing revegetation. No part of the3610
bond or depositperformance security shall be released under this 3611
division so long as the lands to which the release would be 3612
applicable are contributing suspended solids to streamflow or 3613
runoff outside the permit area in excess of the requirements of 3614
this section or until soil productivity for prime farmlands has 3615
returned to equivalent levels of yield as nonmined land of the 3616
same soil type in the surrounding area under equivalent management 3617
practices as determined from the soil survey performed pursuant to 3618
section 1513.07 of the Revised Code. If the area covered by the 3619
bond or depositperformance security is one for which an 3620
authorization was made under division (E)(7) of section 1513.07 of 3621
the Revised Code, no part of the bond or depositperformance 3622
security shall be released under this division until the operator 3623
has complied with the approved pollution abatement plan and all 3624
additional requirements established by the chief in rules adopted 3625
under section 1513.02 of the Revised Code governing coal mining 3626
and reclamation operations on pollution abatement areas. Where a 3627
silt dam is to be retained as a permanent impoundment pursuant to 3628
division (A)(10) of this section, the portion of bondperformance 3629
security may be released under this division so long as provisions 3630
for sound future maintenance by the operator or the landowner have3631
been made with the chief.3632

       (c) When the operator has completed successfully all coal3633
mining and reclamation activities, including, if applicable, all3634
additional requirements established in the pollution abatement3635
plan approved under division (E)(7) of section 1513.07 of the3636
Revised Code and all additional requirements established by the3637
chief in rules adopted under section 1513.02 of the Revised Code3638
governing coal mining and reclamation operations on pollution3639
abatement areas, the chief shall release all or any of the3640
remaining portion of the bond or depositperformance security for 3641
all or part of the affected area under a permit, but not before 3642
the expiration of the period specified for operator responsibility 3643
in this section, except that the chief may adopt rules for a 3644
variance to the operator period of responsibility considering 3645
vegetation success and probability of continued growth and consent 3646
of the landowner, provided that no bondperformance security shall 3647
be fully released until all reclamation requirements of this 3648
chapter are fully met.3649

       (4) If the chief disapproves the application for release of 3650
the bond or depositperformance security or portion thereof, the 3651
chief shall notify the permittee, in writing, stating the reasons 3652
for disapproval and recommending corrective actions necessary to 3653
secure the release, and allowing the opportunity for a public 3654
adjudicatory hearing.3655

       (5) When any application for total or partial bond3656
performance security release is filed with the chief under this 3657
section, the chief shall notify the municipal corporation in which 3658
the coal mining operation is located by certified mail at least 3659
thirty days prior to the release of all or a portion of the bond3660
performance security.3661

       (6) A person with a valid legal interest that might be3662
adversely affected by release of a bondperformance security under 3663
this section or the responsible officer or head of any federal, 3664
state, or local government agency that has jurisdiction by law or 3665
special expertise with respect to any environmental, social, or 3666
economic impact involved in the operation or is authorized to 3667
develop and enforce environmental standards with respect to such 3668
operations may file written objections to the proposed release 3669
from the bondperformance security with the chief within thirty 3670
days after the last publication of the notice required by division 3671
(F)(1) of this section. If written objections are filed and an 3672
informal conference is requested, the chief shall inform all 3673
interested parties of the time and place of the conference. The 3674
date, time, and location of the informal conference shall be 3675
advertised by the chief in a newspaper of general circulation in 3676
the locality of the coal mining operation proposed for bond3677
performance security release for at least once a week for two 3678
consecutive weeks. The informal conference shall be held in the 3679
locality of the coal mining operation proposed for bond3680
performance security release or in Franklin county, at the option 3681
of the objector, within thirty days after the request for the3682
conference. An electronic or stenographic record shall be made of 3683
the conference proceeding unless waived by all parties. The record 3684
shall be maintained and shall be accessible to the parties until 3685
final release of the performance bondsecurity at issue. In the3686
event all parties requesting the informal conference stipulate3687
agreement prior to the requested informal conference and withdraw3688
their request, the informal conference need not be held.3689

       (7) If an informal conference has been held pursuant to3690
division (F)(6) of this section, the chief shall issue and furnish 3691
the applicant and persons who participated in the conference with 3692
the written decision regarding the release within sixty days after 3693
the conference. Within thirty days after notification of the final 3694
decision of the chief regarding the bondperformance security3695
release, the applicant or any person with an interest that is or 3696
may be adversely affected by the decision may appeal the decision 3697
to the reclamation commission pursuant to section 1513.13 of the 3698
Revised Code.3699

       (8)(a) Except as provided in division (F)(8)(c) of this 3700
section, if the chief determines that a permittee is responsible 3701
for mine drainage that requires water treatment after reclamation 3702
is completed under the terms of the permit or that a permittee 3703
must provide an alternative water supply after reclamation is 3704
completed under the terms of the permit, the permittee shall 3705
provide alternative financial security in an amount determined by 3706
the chief prior to the release of the remaining portion of 3707
performance security under division (F)(3)(c) of this section. The 3708
alternative financial security shall be in an amount that is equal 3709
to or greater than the present value of the estimated cost over 3710
time to develop and implement mine drainage plans and provide 3711
water treatment or in an amount that is necessary to provide and 3712
maintain an alternative water supply, as applicable. The 3713
alternative financial security shall include a contract, trust, or 3714
other agreement or mechanism that is enforceable under law to 3715
provide long-term water treatment or a long-term alternative water 3716
supply, or both.3717

       (b) The chief shall adopt rules in accordance with Chapter 3718
119. of the Revised Code that are necessary for the administration 3719
of division (F)(8)(a) of this section.3720

       (c) Division (F)(8)(a) of this section does not apply while 3721
the chief's determination of a permittee's responsibility under 3722
that division is the subject of a good faith administrative or 3723
judicial appeal contesting the validity of the determination. If 3724
after completion of the appeal there is an enforceable 3725
administrative or judicial decision affirming or modifying the 3726
chief's determination, the permittee shall provide the alternative 3727
financial security in an amount established in the administrative 3728
or judicial decision.3729

       (9) Final release of the performance security in accordance 3730
with division (F)(3)(c) of this section terminates the 3731
jurisdiction of the chief under this chapter over the reclaimed 3732
site of a surface coal mining and reclamation operation or 3733
applicable portion of an operation. However, the chief shall 3734
reassert jurisdiction over such a site if the release was based on 3735
fraud, collusion, or misrepresentation of a material fact and the 3736
chief, in writing, demonstrates evidence of the fraud, collusion, 3737
or misrepresentation. Any person with an interest that is or may 3738
be adversely affected by the chief's determination may appeal the 3739
determination to the reclamation commission in accordance with 3740
section 1513.13 of the Revised Code.3741

       (G) The chief shall adopt rules governing the criteria for3742
forfeiture of bondperformance security, the method of determining 3743
the forfeited amount, and the procedures to be followed in the 3744
event of forfeiture. Cash received as the result of such 3745
forfeiture is the property of the state.3746

       Sec. 1513.17.  (A) No person shall:3747

       (1) Engage in coal mining or conduct a coal mining operation 3748
without a permit issued by the chief of the division of mineral 3749
resources management;3750

       (2) Knowingly violate a condition or exceed the limits of a 3751
permit;3752

       (3) Knowingly fail to comply with an order of the chief 3753
issued under this chapter;3754

       (4) Knowingly violate any provision of this chapter not3755
specifically mentioned in this section;3756

       (5) Knowingly make any false statement, representation, or3757
certification or knowingly fail to make any statement,3758
representation, or certification in any application, record,3759
report, plan, or other document filed or required to be maintained 3760
under this chapter or under a final order or decision issued by 3761
the chief;3762

       (6) Knowingly prevent, hinder, delay, or otherwise obstruct 3763
the operator from completing backfilling, grading, resoiling, 3764
establishing successful vegetation, and meeting all other 3765
reclamation requirements of this chapter prior to the final 3766
release of the operator's bondperformance security.3767

       (B) Division (A)(1) of this section imposes strict criminal3768
liability.3769

       Sec. 1513.171. (A) For the purpose of claiming a credit under 3770
section 5749.11 of the Revised Code, an operator with a valid 3771
permit issued under section 1513.07 of the Revised Code may submit 3772
an application to the chief of the division of mineral resources 3773
management to perform reclamation on land or water resources that 3774
are not within the area of the applicant's permit and that have 3775
been adversely affected by past coal mining for which the 3776
performance security was forfeited. The chief shall provide the 3777
application form. The application shall include all of the 3778
following:3779

       (1) The operator's name, address, and telephone number;3780

       (2) The valid permit number of the operator;3781

       (3) An identification of the area or areas to be reclaimed;3782

       (4) An identification of the owner of the land;3783

       (5) A reclamation plan that describes the work to be done to 3784
reclaim the land or water resources. The plan shall include a 3785
description of how the plan is consistent with local physical, 3786
environmental, and climatological conditions and the measures to 3787
be taken during the reclamation to ensure the protection of water 3788
systems.3789

       (6) An estimate of the total cost of the reclamation;3790

       (7) An estimate of the timetables for accomplishing the 3791
reclamation;3792

       (8) Any other requirements that the chief prescribes by rule.3793

       The chief shall approve, disapprove, or approve with 3794
modifications the application concerning the proposed reclamation 3795
work. If the chief approves the application, the applicant may 3796
commence reclamation in accordance with the timetables included in 3797
the application. Upon the completion of the reclamation to the 3798
satisfaction of the chief, the chief shall issue a numbered 3799
reclamation tax credit certificate showing the amount of the 3800
credit and the identity of the recipient. Prior to the close of 3801
the fiscal quarter in which the tax credit certificate is issued, 3802
the chief shall certify to the tax commissioner the amount of the 3803
credit and the identity of the recipient.3804

       (B) The chief shall determine the amount of the credit in 3805
accordance with this section and rules adopted under it. The 3806
amount of the credit shall be equal to the cost that the division 3807
of mineral resources management would have expended from the 3808
reclamation forfeiture fund created in section 1513.18 of the 3809
Revised Code to complete the reclamation.3810

       (C) The chief shall adopt rules in accordance with Chapter 3811
119. of the Revised Code that are necessary to administer this 3812
section. The rules shall establish all of the following:3813

       (1) A procedure that the chief shall use to determine the 3814
amount of the credit issued under this section;3815

       (2) A procedure by which the chief may obtain consent of the 3816
owners of land or water resources to allow reclamation work for 3817
purposes of this section;3818

       (3) A procedure for delivery of notice to the owners of land 3819
or water resources on which the reclamation work is to be 3820
performed. The rules shall require the notice to include the date 3821
on which the reclamation work is scheduled to begin.3822

       Sec. 1513.18.  (A) All money that becomes the property of the 3823
state under division (G) of section 1513.16 of the Revised Code 3824
shall be deposited in the reclamation forfeiture fund, which is 3825
hereby created in the state treasury. Disbursements from the fund 3826
shall be made by the chief of the division of mineral resources3827
management for the purpose of reclaiming areas of land affected by 3828
coal mining under a coal mining and reclamation permit issued on 3829
or after September 1, 1981, on which an operator has defaulted.3830

       (B) The fund also shall consist of any moneys transferred to 3831
it under this division from the unreclaimed lands fund created in 3832
section 1513.30all money from the collection of liens under 3833
section 1513.081 of the Revised Code, any moneys transferred to it 3834
under section 1513.181 of the Revised Code from the coal mining 3835
and reclamation reserve fund created in that section, fines 3836
collected under division (E) of section 1513.02 and section 3837
1513.99 of the Revised Code, fines collected for a violation of 3838
section 2921.31 of the Revised Code that, prior to July 1, 1996, 3839
would have been a violation of division (G) of section 1513.17 of 3840
the Revised Code as it existed prior to that date, and moneys3841
collected and credited to it pursuant to section 5749.02 of the3842
Revised Code. Disbursements from the fund shall be made by the 3843
chief in accordance with division (D) of this section for the 3844
purpose of reclaiming areas that an operator has affected by 3845
mining and failed to reclaim under a coal mining and reclamation 3846
permit issued under this chapter or under a surface mining permit 3847
issued under Chapter 1514. of the Revised Code. The chief's 3848
priority for management of the fund, including the selection of 3849
projects and transfer of moneys, shall be to ensure that 3850
sufficient moneys are available for the reclamation of areas 3851
affected by mining under a coal mining and reclamation permit.3852

       The chief may expend moneys from the fund to pay necessary 3853
administrative costs, including engineering and design services, 3854
incurred by the division of mineral resources management in 3855
reclaiming these areas. The chief also may expend moneys from the 3856
fund to pay necessary administrative costs of the reclamation 3857
forfeiture fund advisory board created in section 1513.182 of the 3858
Revised Code as authorized by the board under that section.3859
Expenditures from the fund to pay such administrative costs need 3860
not be made under contract.3861

       As moneys are spent from the fund, the director of budget and 3862
management, upon the certification of the chief, shall transfer 3863
additional moneys from the unreclaimed lands fund created in 3864
section 1513.30 of the Revised Code that the chief requests,3865
provided that the director shall not transfer more than one3866
million dollars from the unreclaimed lands fund to the reclamation 3867
forfeiture fund during any fiscal year.3868

       (C) Except when paying necessary administrative costs3869
authorized by division (B) of this section, expenditures from the 3870
fund shall be made under contracts entered into by the chief, with 3871
the approval of the director of natural resources, in accordance 3872
with procedures established by the chief, by rules adopted in 3873
accordance with section 1513.02 of the Revised Code. The chief 3874
may reclaim the land in the same manner as set forth in sections 3875
1513.21 to 1513.24 of the Revised Code. Each contract awarded by 3876
the chief shall be awarded to the lowest responsive and 3877
responsible bidder, in accordance with section 9.312 of the3878
Revised Code, after sealed bids are received, opened, and3879
published at the time and place fixed by the chief. The chief3880
shall publish notice of the time and place at which bids will be3881
received, opened, and published, at least once and at least ten3882
days before the date of the opening of the bids, in a newspaper of 3883
general circulation in the county in which the area of land to be 3884
reclaimed under the contract is located. If, after advertising, no 3885
bids are received at the time and place fixed for receiving them, 3886
the chief may advertise again for bids, or, if the chief considers 3887
the public interest will best be served, the chief may enter into 3888
a contract for the reclamation of the area of land without further 3889
advertisement for bids. The chief may reject any or all bids 3890
received and again publish notice of the time and place at which 3891
bids for contracts will be received, opened, and published. The 3892
chief, with the approval of the director, may enter into a 3893
contract with the landowner, a coal mine operator or surface mine 3894
operator mining under a current, valid permit issued under this 3895
chapter or Chapter 1514. of the Revised Code, or a contractor3896
hired by the surety or trustee, if the performance security is 3897
held in trust, to complete reclamation to carry out reclamation on3898
land affected by coal mining on which an operator has defaulted3899
without advertising for bids.3900

       (D) If the amount of(1) The chief shall expend money 3901
credited to the reclamation forfeiture fund from the forfeiture of 3902
the bondperformance security applicable to thean area of land is 3903
not sufficient to pay the cost of doing all of the reclamation 3904
work on land that the operator should have done, but failed to do 3905
under a coal mining and reclamation permit, the chief may expend 3906
from the moneys credited to the fund under section 5749.02 of the3907
Revised Code or transferred to the fund under division (B) of this3908
section or under section 1513.181 of the Revised Code the amount 3909
of money necessary to completeto pay for the cost of the 3910
reclamation work to the standards required by this chapterof the 3911
land.3912

       (2) If the performance security for the area of land was 3913
provided under division (C)(1) of section 1513.08 of the Revised 3914
Code, the chief shall use the money from the forfeited performance 3915
security to complete the reclamation that the operator failed to 3916
do under the operator's applicable coal mining and reclamation 3917
permit issued under this chapter.3918

       (3) If the performance security for the area of land was 3919
provided under division (C)(2) of section 1513.08 of the Revised 3920
Code, the chief shall use the money from the forfeited performance 3921
security to complete the reclamation that the operator failed to 3922
do under the operator's applicable coal mining and reclamation 3923
permit issued under this chapter. If the money credited to the 3924
reclamation forfeiture fund from the forfeiture of the performance 3925
security provided under division (C)(2) of section 1513.08 of the 3926
Revised Code is not sufficient to complete the reclamation, the 3927
chief shall notify the reclamation forfeiture fund advisory board 3928
of the amount of the insufficiency. The chief may expend money 3929
credited to the reclamation forfeiture fund under section 5749.02 3930
of the Revised Code or transferred to the fund under section 3931
1513.181 of the Revised Code to complete the reclamation. The 3932
chief shall not expend money from the fund in an amount that 3933
exceeds the difference between the amount of the performance 3934
security provided under division (C)(2) of section 1513.08 of the 3935
Revised Code and the estimated cost of reclamation as determined 3936
by the chief under divisions (B) and (E) of that section.3937

       (4) Money from the reclamation forfeiture fund shall not be 3938
used for reclamation of land or water resources affected by 3939
material damage from subsidence, mine drainage that requires 3940
extended water treatment after reclamation is completed under the 3941
terms of the permit, or coal preparation plants or coal refuse 3942
disposal areas not located within a permitted area of a mine if 3943
performance security for the area of land was provided under 3944
division (C)(2) of section 1513.08 of the Revised Code.3945

       (E) The chief shall keep a detailed accounting of the3946
expenditures from the reclamation forfeiture fund to complete 3947
reclamation of the land and, upon completion of the reclamation, 3948
shall certify the expenditures to the attorney general. Upon the 3949
chief's certification of the expenditures from the reclamation 3950
forfeiture fund, the attorney general shall bring an action for 3951
that amount of money. The operator is liable for that expense in 3952
addition to any other liabilities imposed by law. Moneys so 3953
recovered shall be credited to the reclamation forfeiture fund. 3954
The chief shall not postpone the reclamation because of any action 3955
brought by the attorney general under this division. Prior to 3956
completing reclamation, the chief may collect through the attorney 3957
general any additional amount that the chief believes will be 3958
necessary for reclamation in excess of the forfeited bond3959
performance security amount applicable to the land that the 3960
operator should have, but failed to, reclaim.3961

       (F) IfExcept as otherwise provided in division (H) of this 3962
section, if any part of the moneys in the reclamation forfeiture3963
fund remains in the fund after the chief has caused the area of3964
land to be reclaimed and has paid all the reclamation costs and3965
expenses, the chief may expend those moneys to complete other3966
reclamation work performed under this section on forfeiture areas3967
affected under a coal mining and reclamation permit issued on or3968
after September 1, 1981.3969

       (G) The chief shall require every contractor performing3970
reclamation work pursuant to this section to pay workers at the3971
greater of their regular rate of pay, as established by contract,3972
agreement, or prior custom or practice, or the average wage rate3973
paid in this state for the same or similar work as determined by3974
the chief under section 1513.02 of the Revised Code.3975

       (H) All investment earnings of the fund shall be credited to 3976
the fund and shall be used only for the reclamation of land for 3977
which performance security was provided under division (C)(2) of 3978
section 1513.08 of the Revised Code.3979

       Sec. 1513.181.  There is hereby created in the state treasury 3980
the coal mining administration and reclamation reserve fund. The 3981
fund shall be used for the administration and enforcement of this 3982
chapter. The chief of the division of mineral resources management3983
may transfer not more than one million dollars annually from the 3984
fund to the reclamation forfeiture fund created in section 1513.18 3985
of the Revised Code to complete reclamation of lands affected by 3986
coal mining under a permit issued under this chapter, or by 3987
surface mining under a surface mining permit issued under Chapter 3988
1514. of the Revised Code, that the operator failed to reclaim and 3989
for which the operator's bondperformance security is insufficient 3990
to complete the reclamation. Within ten days before or after the 3991
beginning of each calendar quarter, the chief may certify to the3992
director of budget and management the amount of money needed to 3993
perform such reclamation during the quarter for transfer from the 3994
coal mining administration and reclamation reserve fund to the 3995
reclamation forfeiture fund.3996

       Fines collected under division (E) of section 1513.02 and3997
section 1513.99 of the Revised Code, and fines collected for a 3998
violation of section 2921.31 of the Revised Code that, prior to 3999
July 1, 1996, would have been a violation of division (G) of 4000
section 1513.17 of the Revised Code as it existed prior to that 4001
date, shall be paid into the coal mining administration and 4002
reclamation reserve fund.4003

       If the director of natural resources determines it to be 4004
necessary, the director may request the controlling board to 4005
transfer an amount of money from the coal mining administration 4006
and reclamation reserve fund to the unreclaimed lands fund created 4007
in section 1513.30 of the Revised Code.4008

       Sec. 1513.182. (A) There is hereby created the reclamation 4009
forfeiture fund advisory board consisting of the director of 4010
natural resources, the director of insurance, and seven members 4011
appointed by the governor with the advice and consent of the 4012
senate. Of the governor's appointments, one shall be a certified 4013
public accountant, one shall be a registered professional engineer 4014
with experience in reclamation of mined land, two shall represent 4015
agriculture, agronomy, or forestry, one shall be a representative 4016
of operators of coal mining operations that have valid permits 4017
issued under this chapter and that have provided performance 4018
security under division (C)(1) of section 1513.08 of the Revised 4019
Code, one shall be a representative of operators of coal mining 4020
operations that have valid permits issued under this chapter and 4021
that have provided performance security under division (C)(2) of 4022
section 1513.08 of the Revised Code, and one shall be a 4023
representative of the public.4024

        Of the original members appointed by the governor, two shall 4025
serve an initial term of two years, three an initial term of three 4026
years, and two an initial term of four years. Thereafter, terms of 4027
appointed members shall be for four years, with each term ending 4028
on the same date as the original date of appointment. An appointed 4029
member shall hold office from the date of appointment until the 4030
end of the term for which the member was appointed. Vacancies 4031
shall be filled in the same manner as original appointments. A 4032
member appointed to fill a vacancy occurring prior to the 4033
expiration of the term for which the member's predecessor was 4034
appointed shall hold office for the remainder of that term. A 4035
member shall continue in office subsequent to the expiration date 4036
of the member's term until the member's successor takes office or 4037
until a period of sixty days has elapsed, whichever occurs first. 4038
The governor may remove an appointed member of the board for 4039
misfeasance, nonfeasance, or malfeasance.4040

        The directors of natural resources and insurance shall not 4041
receive compensation for serving on the board, but shall be 4042
reimbursed for the actual and necessary expenses incurred in the 4043
performance of their duties as members of the board. The members 4044
appointed by the governor shall receive per diem compensation 4045
fixed pursuant to division (J) of section 124.15 of the Revised 4046
Code and reimbursement for the actual and necessary expenses 4047
incurred in the performance of their duties.4048

        (B) The board annually shall elect from among its members a 4049
chairperson, a vice-chairperson, and a secretary to record the 4050
board's meetings.4051

        (C) The board shall hold meetings as often as necessary as 4052
the chairperson or a majority of the members determines.4053

        (D) The board shall establish procedures for conducting 4054
meetings and for the election of its chairperson, 4055
vice-chairperson, and secretary.4056

        (E) The board shall do all of the following:4057

        (1) Review the deposits into and expenditures from the 4058
reclamation forfeiture fund created in section 1513.18 of the 4059
Revised Code;4060

        (2) Retain periodically a qualified actuary to perform an 4061
actuarial study of the reclamation forfeiture fund;4062

        (3) Based on an actuarial study and as determined necessary 4063
by the board, adopt rules in accordance with Chapter 119. of the 4064
Revised Code to adjust the rate of the tax levied under division 4065
(A)(8) of section 5749.02 of the Revised Code and the balance of 4066
the reclamation forfeiture fund that pertains to that rate;4067

        (4) Evaluate any rules, procedures, and methods for 4068
estimating the cost of reclamation for purposes of determining the 4069
amount of performance security that is required under section 4070
1513.08 of the Revised Code; the collection of forfeited 4071
performance security; payments to the reclamation forfeiture fund; 4072
reclamation of sites for which operators have forfeited the 4073
performance security; and the compliance of operators with their 4074
reclamation plans;4075

        (5) Provide a forum for discussion of issues related to the 4076
reclamation forfeiture fund and the performance security that is 4077
required under section 1513.08 of the Revised Code;4078

        (6) Submit a report biennially to the governor that describes 4079
the financial status of the reclamation forfeiture fund and the 4080
adequacy of the amount of money in the fund to accomplish the 4081
purposes of the fund and that may discuss any matter related to 4082
the performance security that is required under section 1513.08 of 4083
the Revised Code;4084

        (7) Make recommendations to the governor, if necessary, of 4085
alternative methods of providing money for or using money in the 4086
reclamation forfeiture fund and issues related to the reclamation 4087
of land or water resources that have been adversely affected by 4088
past coal mining for which the performance security was forfeited;4089

        (8) Adopt rules in accordance with Chapter 119. of the 4090
Revised Code that are necessary to administer this section.4091

       Sec. 1513.29.  There is hereby created the council on4092
unreclaimed strip mined lands. Its members are the chief of the4093
division of mineral resources management, four persons appointed 4094
by the director of natural resources, two members of the house of 4095
representatives appointed by the speaker of the house of 4096
representatives, one member of the house of representatives 4097
appointed by the minority leader of the house of representatives, 4098
two members of the senate appointed by the president of the 4099
senate, and one member of the senate appointed by the minority 4100
leader of the senate.4101

       Members who are members of the general assembly shall serve4102
terms of four years or until their legislative terms end,4103
whichever is sooner. Members appointed by the director shall serve 4104
terms of four years, except that the terms of the first four 4105
members shall be for two and four years, as designated by the 4106
director. Any vacancy in the office of a member of the council 4107
shall be filled by the appointing authority for the unexpired term 4108
of the member whose office will be vacant. The appointing4109
authority may at any time remove a member of the council for4110
misfeasance, nonfeasance, malfeasance, or conflict of interest in4111
office.4112

       The council shall hold at least four regular quarterly4113
meetings each year. Special meetings may be heldas necessary at 4114
the call of the chairperson or a majority of the members. The4115
council shall annually elect from among its members a chairperson, 4116
a vice-chairperson, and a secretary to keep a record of its 4117
proceedings.4118

       The council shall gather information, study, and make4119
recommendations concerning the number of acres, location,4120
ownership, condition, environmental damage resulting from the4121
condition, cost of acquiring, reclaiming, and possible future uses 4122
and value of eroded lands within the state, including land4123
affected by strip mining for which no cash is held in the strip4124
mining reclamation forfeiture fund created in section 1513.18 of 4125
the Revised Code.4126

       The council may employ such staff and hire such consultants4127
as necessary to perform its duties. Members appointed by the4128
director and, notwithstanding section 101.26 of the Revised Code,4129
members who are members of the general assembly, when engaged in4130
their official duties as members of the council, shall be4131
compensated on a per diem basis in accordance with division (J) of 4132
section 124.15 of the Revised Code. Members shall be reimbursed 4133
for their necessary expenses. Expenses incurred by the council and 4134
compensation provided under this section shall be paid by the 4135
chief of the division of mineral resources management from the4136
unreclaimed lands fund created in section 1513.30 of the Revised 4137
Code.4138

       The council shall report its findings and recommendations to4139
the governor and the general assembly not later than January 1,4140
1974, and biennially thereafter.4141

       Sec. 1513.30.  There is hereby created in the state treasury 4142
the unreclaimed lands fund, to be administered by the chief of the 4143
division of mineral resources management and used for the purpose 4144
of reclaiming land, public or private, affected by mining, or4145
controlling mine drainage, for which no cash is held in the 4146
reclamation forfeiture fund created in section 1513.18 of the 4147
Revised Code or the surface mining fund created in section 1514.06 4148
of the Revised Code and also for the purpose of paying the4149
expenses and compensation of the council on unreclaimed strip 4150
mined lands as required by section 1513.29 of the Revised Code.4151

       In order to direct expenditures from the unreclaimed lands4152
fund toward reclamation projects that fulfill priority needs and4153
provide the greatest public benefits, the chief periodically shall 4154
submit to the council project proposals to be financed from the 4155
unreclaimed lands fund, together with benefit and cost data and 4156
other pertinent information. For the purpose of selecting project 4157
areas and determining the boundaries of project areas, the council4158
shall consider the feasibility, cost, and public benefits of 4159
reclaiming the areas, their potential for being mined, the 4160
availability of federal or other financial assistance for 4161
reclamation, and the geographic distribution of project areas to 4162
ensure fair distribution among affected areas.4163

       The council shall give priority to areas where there is4164
little or no likelihood of mining within the foreseeable future, 4165
reclamation is feasible at reasonable cost with available funds, 4166
and either of the following applies:4167

       (A) The pollution of the waters of the state and damage to4168
adjacent property are most severe and widespread;.4169

       (B) Reclamation will make possible public uses for soil,4170
water, forest, or wildlife conservation or public recreation4171
purposes, will facilitate orderly commercial or industrial site4172
development, or will facilitate the use or improve the enjoyment4173
of nearby public conservation or recreation lands.4174

       At least two weeks before any meeting of the council on4175
unreclaimed strip mined lands at which the chief will submit a4176
project proposal, a project area will be selected, or the4177
boundaries of a project area will be determined, the chief shall4178
mail notice by first class mail to the board of county4179
commissioners of the county and the board of township trustees of4180
the township in which the proposed project lies and the chief4181
executive and the legislative authority of each municipal4182
corporation within the proposed project area. The chief also shall 4183
give reasonable notice to the news media in the county where the 4184
proposed project lies.4185

       Expenditures from the unreclaimed lands fund for reclamation 4186
projects may be made only for projects that are within the 4187
boundaries of project areas approved by the council, and 4188
expenditures for a particular project may not exceed any 4189
applicable limits set by the council. Expenditures from the 4190
unreclaimed lands fund shall be made by the chief, with the 4191
approval of the director of natural resources.4192

       The controlling board may transfer excess funds from the oil 4193
and gas well fund created in section 1509.02 of the Revised Code,4194
after recommendation by the council on unreclaimed strip mined 4195
lands, to meet deficiencies in the unreclaimed lands fund.4196

       The chief may expend an amount not to exceed twenty per cent 4197
of the moneys credited annually by the treasurer of state to the 4198
unreclaimed lands fund for the purpose of administering the fund.4199

       The chief may engage in cooperative projects under this 4200
section with any agency of the United States, appropriate state 4201
agencies, or state universities or colleges as defined in section 4202
3345.27 of the Revised Code and may transfer money from the fund, 4203
with the approval of the council, to other appropriate state 4204
agencies or to state universities or colleges in order to carry 4205
out the reclamation activities authorized by this section.4206

       If the director of natural resources determines it to be 4207
necessary, the director may request the controlling board to 4208
transfer an amount of money from the fund to the coal mining 4209
administration and reclamation reserve fund created in section 4210
1513.181 of the Revised Code.4211

       Sec. 1513.37.  (A) There is hereby created in the state4212
treasury the abandoned mine reclamation fund, which shall be4213
administered by the chief of the division of mineral resources 4214
management. The fund shall consist of grants from the secretary of4215
the interior from the federal abandoned mine reclamation fund4216
established by Title IV of the "Surface Mining Control and4217
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201,4218
regulations adopted under it, and amendments to the act and 4219
regulations. Expenditures from the abandoned mine reclamation 4220
fund shall be made by the chief for the following purposes:4221

       (1) Reclamation and restoration of land and water resources 4222
adversely affected by past coal mining, including, but not limited 4223
to, reclamation and restoration of abandoned strip mine areas, 4224
abandoned coal processing areas, and abandoned coal refuse 4225
disposal areas; sealing and filling of abandoned deep mine entries 4226
and voids; planting of land adversely affected by past coal 4227
mining; prevention of erosion and sedimentation; prevention,4228
abatement, treatment, and control of water pollution created by4229
coal mine drainage, including restoration of streambeds and4230
construction and operation of water treatment plants; prevention,4231
abatement, and control of burning coal refuse disposal areas and4232
burning coal in situ; and prevention, abatement, and control of4233
coal mine subsidence;4234

       (2) Acquisition and filling of voids and sealing of tunnels, 4235
shafts, and entryways of noncoal lands;4236

       (3) Acquisition of land as provided for in this section;4237

       (4) Administrative expenses incurred in accomplishing the4238
purposes of this section;4239

       (5) All other necessary expenses to accomplish the purposes 4240
of this section.4241

       (B) Expenditures of moneys from the fund on land and water4242
eligible pursuant to division (C) of this section shall reflect4243
the following priorities in the order stated:4244

       (1) The protection of public health, safety, general welfare, 4245
and property from extreme danger of adverse effects of coal mining 4246
practices;4247

       (2) The protection of public health, safety, and general4248
welfare from adverse effects of coal mining practices;4249

       (3) The restoration of land and water resources and the4250
environment previously degraded by adverse effects of coal mining4251
practices, including measures for the conservation and development 4252
of soil and water (excluding channelization), woodland, fish and 4253
wildlife, recreation resources, and agricultural productivity;4254

       (4) Research and demonstration projects relating to the4255
development of coal mining reclamation and water quality control4256
program methods and techniques;4257

       (5) The protection, repair, replacement, construction, or4258
enhancement of public facilities such as utilities, roads,4259
recreation facilities, and conservation facilities adversely 4260
affected by coal mining practices;4261

       (6) The development of publicly owned land adversely affected 4262
by coal mining practices, including land acquired as provided in 4263
this section for recreation and historic purposes, conservation 4264
and reclamation purposes, and open space benefits.4265

       (C)(1) Lands and water eligible for reclamation or drainage4266
abatement expenditures under this section are those that were4267
mined for coal or were affected by such mining, wastebanks, coal4268
processing, or other coal mining processes and that meet one of 4269
the following criteria:4270

       (a) Are lands that were abandoned or left in an inadequate 4271
reclamation status prior to August 3, 1977, and for which there is 4272
no continuing reclamation responsibility under state or federal 4273
laws;4274

       (b) Are lands for which the chief finds that surface coal 4275
mining operations occurred at any time between August 4, 1977, and 4276
August 16, 1982, and that any moneys for reclamation or abatement 4277
that are available pursuant to a bond, performance security, or4278
other form of financial guarantee or from any other source are not 4279
sufficient to provide for adequate reclamation or abatement at the 4280
site;4281

       (c) Are lands for which the chief finds that surface coal 4282
mining operations occurred at any time between August 4, 1977, and 4283
November 5, 1990, that the surety of the mining operator became 4284
insolvent during that time, and that, as of November 5, 1990, any 4285
moneys immediately available from proceedings relating to that 4286
insolvency or from any financial guarantee or other source are not 4287
sufficient to provide for adequate reclamation or abatement at the 4288
site.4289

       (2) In determining which sites to reclaim pursuant to 4290
divisions (C)(1)(b) and (c) of this section, the chief shall 4291
follow the priorities stated in divisions (B)(1) and (2) of this 4292
section and shall ensure that priority is given to those sites 4293
that are in the immediate vicinity of a residential area or that4294
have an adverse economic impact on a local community.4295

       (3) Surface coal mining operations on lands eligible for 4296
remining shall not affect the eligibility of those lands for 4297
reclamation and restoration under this section after the release 4298
of the bond, performance security, or other form of financial 4299
guarantee for any such operation as provided under division (F) of 4300
section 1513.16 of the Revised Code. If the bond, performance 4301
security, or other form of financial guarantee for a surface coal 4302
mining operation on lands eligible for remining is forfeited,4303
moneys available under this section may be used if the amount of 4304
the bond, performance security, or other form of financial 4305
guarantee is not sufficient to provide for adequate reclamation or 4306
abatement, except that if conditions warrant, the chief 4307
immediately shall exercise the authority granted under division 4308
(L) of this section.4309

       (D) The chief may submit to the secretary of the interior a 4310
state reclamation plan and annual projects to carry out the4311
purposes of this section.4312

       (1) The reclamation plan generally shall identify the areas 4313
to be reclaimed, the purposes for which the reclamation is4314
proposed, the relationship of the lands to be reclaimed and the4315
proposed reclamation to surrounding areas, the specific criteria4316
for ranking and identifying projects to be funded, and the legal4317
authority and programmatic capability to perform the work in4318
accordance with this section.4319

       (2) On an annual basis, the chief may submit to the secretary 4320
an application for support of the abandoned mine reclamation fund 4321
and implementation of specific reclamation projects. The annual 4322
requests shall include such information as may be requested by the 4323
secretary.4324

       Before submitting an annual application to the secretary, the 4325
chief first shall submit it to the council on unreclaimed strip4326
mined lands for review and approval by the council. The chief4327
shall not submit such an application to the secretary until it has 4328
been approved by the council. The chief shall submit applications 4329
for administrative costs, imminent hazards, or emergency projects 4330
to the council for review.4331

       (3) The costs for each proposed project under this section4332
shall include actual construction costs, actual operation and4333
maintenance costs of permanent facilities, planning and4334
engineering costs, construction inspection costs, and other4335
necessary administrative expenses.4336

       (4) Before making any expenditure of funds from the fund to 4337
implement any specific reclamation project under this section, the 4338
chief first shall submit to the council a project proposal and any 4339
other pertinent information regarding the project requested by the 4340
council for review and approval of the specific project by the 4341
council.4342

       (5) The chief may submit annual and other reports required by 4343
the secretary when funds are provided by the secretary under Title 4344
IV of the "Surface Mining Control and Reclamation Act of 1977," 91 4345
Stat. 445, 30 U.S.C.A. 1201, regulations adopted under it, and4346
amendments to the act and regulations.4347

       (E)(1) There is hereby created in the state treasury the acid 4348
mine drainage abatement and treatment fund, which shall be 4349
administered by the chief. The fund shall consist of grants from 4350
the secretary of the interior from the federal abandoned mine4351
reclamation fund pursuant to section 402(g)(6) of Title IV of the 4352
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 4353
445, 30 U.S.C.A. 1201. All investment earnings of the fund shall 4354
be credited to the fund.4355

       (2) The chief shall make expenditures from the fund, in 4356
consultation with the United States department of agriculture, 4357
soil conservation service, to implement acid mine drainage 4358
abatement and treatment plans approved by the secretary. The plans 4359
shall provide for the comprehensive abatement of the causes and 4360
treatment of the effects of acid mine drainage within qualified 4361
hydrologic units affected by coal mining practices and shall 4362
include at least all of the following:4363

       (a) An identification of the qualified hydrologic unit. As 4364
used in division (E) of this section, "qualified hydrologic unit" 4365
means a hydrologic unit that meets all of the following criteria:4366

       (i) The water quality in the unit has been significantly4367
affected by acid mine drainage from coal mining practices in a 4368
manner that has an adverse impact on biological resources.4369

       (ii) The unit contains lands and waters that meet the4370
eligibility requirements established under division (C) of this 4371
section and any of the priorities established in divisions (B)(1) 4372
to (3) of this section.4373

       (iii) The unit contains lands and waters that are proposed to 4374
be the subject of expenditures from the reclamation forfeiture 4375
fund created in section 1513.18 of the Revised Code or the4376
unreclaimed lands fund created in section 1513.30 of the Revised 4377
Code.4378

       (b) The extent to which acid mine drainage is affecting the 4379
water quality and biological resources within the hydrologic unit;4380

       (c) An identification of the sources of acid mine drainage4381
within the hydrologic unit;4382

       (d) An identification of individual projects and the measures 4383
proposed to be undertaken to abate and treat the causes or effects 4384
of acid mine drainage within the hydrologic unit;4385

       (e) The cost of undertaking the proposed abatement and4386
treatment measures;4387

       (f) An identification of existing and proposed sources of4388
funding for those measures;4389

       (g) An analysis of the cost-effectiveness and environmental 4390
benefits of abatement and treatment measures.4391

       (3) The chief may make grants of moneys from the acid mine 4392
drainage abatement and treatment fund to watershed groups for 4393
conducting projects to accomplish the purposes of this section. A 4394
grant may be made in an amount equal to not more than fifty per 4395
cent of each of the following:4396

       (a) Reasonable and necessary expenses for the collection and 4397
analysis of data sufficient to do either or both of the following:4398

       (i) Identify a watershed as a qualified hydrologic unit;4399

       (ii) Monitor the quality of water in a qualified hydrologic 4400
unit before, during, and at any time after completion of the 4401
project by the watershed group.4402

       (b) Engineering design costs and construction costs involved 4403
in the project, provided that the project is conducted in a 4404
qualified hydrologic unit and the chief considers the project to 4405
be a priority.4406

       A watershed group that wishes to obtain a grant under4407
division (E)(3) of this section shall submit an application to the 4408
chief on forms provided by the division of mineral resources4409
management, together with detailed estimates and timetables for 4410
accomplishing the stated goals of the project and any other 4411
information that the chief requires.4412

       For the purposes of establishing priorities for awarding4413
grants under division (E)(3) of this section, the chief shall 4414
consider each project's feasibility, cost-effectiveness, and 4415
environmental benefit, together with the availability of matching 4416
funding, including in-kind services, for the project.4417

       The chief shall enter into a contract for funding with each 4418
applicant awarded a grant to ensure that the moneys granted are 4419
used for the purposes of this section and that the work that the 4420
project involves is done properly. The contract is not subject to 4421
division (B) of section 127.16 of the Revised Code. The final 4422
payment of grant moneys shall not be made until the chief inspects 4423
and approves the completed project.4424

       The chief shall require each applicant awarded a grant under 4425
this section who conducts a project involving construction work to 4426
pay workers at the greater of their regular rate of pay, as 4427
established by contract, agreement, or prior custom or practice, 4428
or the average wage rate paid in this state for the same or 4429
similar work performed in the same or a similar locality by 4430
private companies doing similar work on similar projects.4431

       As used in division (E)(3) of this section, "watershed group" 4432
means a charitable organization as defined in section 1716.01 of 4433
the Revised Code that has been established for the purpose of 4434
conducting reclamation of land and waters adversely affected by 4435
coal mining practices and specifically for conducting acid mine 4436
drainage abatement.4437

       (F)(1) If the chief makes a finding of fact that land or4438
water resources have been adversely affected by past coal mining4439
practices; the adverse effects are at a stage where, in the public 4440
interest, action to restore, reclaim, abate, control, or prevent 4441
the adverse effects should be taken; the owners of the land or 4442
water resources where entry must be made to restore, reclaim, 4443
abate, control, or prevent the adverse effects of past coal mining 4444
practices are not known or are not readily available; or the 4445
owners will not give permission for the state, political4446
subdivisions, or their agents, employees, or contractors to enter4447
upon the property to restore, reclaim, abate, control, or prevent4448
the adverse effects of past coal mining practices; then, upon4449
giving notice by mail to the owners, if known, or, if not known,4450
by posting notice upon the premises and advertising once in a4451
newspaper of general circulation in the municipal corporation or4452
county in which the land lies, the chief or the chief's agents,4453
employees, or contractors may enter upon the property adversely4454
affected by past coal mining practices and any other property to4455
have access to the property to do all things necessary or4456
expedient to restore, reclaim, abate, control, or prevent the4457
adverse effects. The entry shall be construed as an exercise of4458
the police power for the protection of the public health, safety,4459
and general welfare and shall not be construed as an act of4460
condemnation of property nor of trespass on it. The moneys4461
expended for the work and the benefits accruing to any such4462
premises so entered upon shall be chargeable against the land and4463
shall mitigate or offset any claim in or any action brought by any 4464
owner of any interest in the premises for any alleged damages by 4465
virtue of the entry, but this provision is not intended to create 4466
new rights of action or eliminate existing immunities.4467

       (2) The chief or the chief's authorized representatives may4468
enter upon any property for the purpose of conducting studies or4469
exploratory work to determine the existence of adverse effects of4470
past coal mining practices and to determine the feasibility of4471
restoration, reclamation, abatement, control, or prevention of4472
such adverse effects. The entry shall be construed as an exercise 4473
of the police power for the protection of the public health,4474
safety, and general welfare and shall not be construed as an act4475
of condemnation of property nor trespass on it.4476

       (3) The chief may acquire any land by purchase, donation, or 4477
condemnation that is adversely affected by past coal mining4478
practices if the chief determines that acquisition of the land is4479
necessary to successful reclamation and that all of the following 4480
apply:4481

       (a) The acquired land, after restoration, reclamation,4482
abatement, control, or prevention of the adverse effects of past4483
coal mining practices, will serve recreation and historic4484
purposes, serve conservation and reclamation purposes, or provide4485
open space benefits.4486

       (b) Permanent facilities such as a treatment plant or a4487
relocated stream channel will be constructed on the land for the4488
restoration, reclamation, abatement, control, or prevention of the 4489
adverse effects of past coal mining practices.4490

       (c) Acquisition of coal refuse disposal sites and all coal4491
refuse thereon will serve the purposes of this section or public 4492
ownership is desirable to meet emergency situations and prevent 4493
recurrences of the adverse effects of past coal mining practices.4494

       (4)(a) Title to all lands acquired pursuant to this section 4495
shall be in the name of the state. The price paid for land 4496
acquired under this section shall reflect the market value of the 4497
land as adversely affected by past coal mining practices.4498

       (b) The chief may receive grants on a matching basis from the 4499
secretary of the interior for the purpose of carrying out this 4500
section.4501

       (5)(a) Where land acquired pursuant to this section is4502
considered to be suitable for industrial, commercial, residential, 4503
or recreational development, the chief may sell the land by public 4504
sale under a system of competitive bidding at not less than fair 4505
market value and under other requirements imposed by rule to 4506
ensure that the lands are put to proper use consistent with local 4507
and state land use plans, if any, as determined by the chief.4508

       (b) The chief, when requested, and after appropriate public 4509
notice, shall hold a public meeting in the county, counties, or 4510
other appropriate political subdivisions of the state in which 4511
lands acquired pursuant to this section are located. The meetings 4512
shall be held at a time that shall afford local citizens and 4513
governments the maximum opportunity to participate in the decision 4514
concerning the use or disposition of the lands after restoration, 4515
reclamation, abatement, control, or prevention of the adverse 4516
effects of past coal mining practices.4517

       (6) In addition to the authority to acquire land under4518
division (F)(3) of this section, the chief may use money in the4519
fund to acquire land by purchase, donation, or condemnation, and4520
to reclaim and transfer acquired land to a political subdivision,4521
or to any person, if the chief determines that it is an integral 4522
and necessary element of an economically feasible plan for the4523
construction or rehabilitation of housing for persons disabled as4524
the result of employment in the mines or work incidental to that 4525
employment, persons displaced by acquisition of land pursuant to 4526
this section, persons dislocated as the result of adverse effects 4527
of coal mining practices that constitute an emergency as provided 4528
in the "Surface Mining Control and Reclamation Act of 1977," 914529
Stat. 466, 30 U.S.C.A. 1240, or amendments to it, or persons4530
dislocated as the result of natural disasters or catastrophic4531
failures from any cause. Such activities shall be accomplished4532
under such terms and conditions as the chief requires, which may4533
include transfers of land with or without monetary consideration,4534
except that to the extent that the consideration is below the fair 4535
market value of the land transferred, no portion of the difference 4536
between the fair market value and the consideration shall accrue 4537
as a profit to those persons. No part of the funds provided under 4538
this section may be used to pay the actual construction costs of 4539
housing. The chief may carry out the purposes of division (F)(6) 4540
of this section directly or by making grants and commitments for 4541
grants and may advance money under such terms and conditions as 4542
the chief may require to any agency or instrumentality of the 4543
state or any public body or nonprofit organization designated by 4544
the chief.4545

       (G)(1) Within six months after the completion of projects to 4546
restore, reclaim, abate, control, or prevent adverse effects of 4547
past coal mining practices on privately owned land, the chief4548
shall itemize the moneys so expended and may file a statement of 4549
the expenditures in the office of the county recorder of the 4550
county in which the land lies, together with a notarized appraisal 4551
by an independent appraiser of the value of the land before the4552
restoration, reclamation, abatement, control, or prevention of4553
adverse effects of past coal mining practices if the moneys so4554
expended result in a significant increase in property value. The4555
statement shall constitute a lien upon the land as of the date of4556
the expenditures of the moneys and shall have priority as a lien4557
second only to the lien of real property taxes imposed upon the4558
land. The lien shall not exceed the amount determined by the4559
appraisal to be the increase in the fair market value of the land 4560
as a result of the restoration, reclamation, abatement, control, 4561
or prevention of the adverse effects of past coal mining 4562
practices. No lien shall be filed under division (G) of this4563
section against the property of any person who owned the surface 4564
prior to May 2, 1977, and did not consent to, participate in, or 4565
exercise control over the mining operation that necessitated the 4566
reclamation performed.4567

       (2) The landowner may petition, within sixty days after the 4568
filing of the lien, to determine the increase in the fair market4569
value of the land as a result of the restoration, reclamation,4570
abatement, control, or prevention of the adverse effects of past4571
coal mining practices. The amount reported to be the increase in4572
value of the premises shall constitute the amount of the lien and4573
shall be recorded with the statement provided in this section. Any 4574
party aggrieved by the decision may appeal as provided by state 4575
law.4576

       (3) The lien provided in division (G) of this section shall 4577
be recorded and indexed, under the name of the state and the 4578
landowner, in a lien index in the office of the county recorder of 4579
the county in which the land lies. The county recorder shall 4580
impose no charge for the recording or indexing of the lien. If the 4581
land is registered, the county recorder shall make a notation and 4582
enter a memorial of the lien upon the page of the register in 4583
which the last certificate of title to the land is registered, 4584
stating the name of the claimant, amount claimed, volume and page 4585
of the record where recorded, and exact time the memorial was 4586
entered.4587

       (4) The lien shall continue in force so long as any portion 4588
of the amount of the lien remains unpaid. If the lien remains 4589
unpaid at the time of conveyance of the land on which the lien was 4590
placed, the conveyance may be set aside. Upon repayment in full 4591
of the moneys expended under this section, the chief promptly 4592
shall issue a certificate of release of the lien. Upon 4593
presentation of the certificate of release, the county recorder of 4594
the county in which the lien is recorded shall record the lien as 4595
having been discharged.4596

       (5) A lien imposed under this section shall be foreclosed 4597
upon the substantial failure of a landowner to pay any portion of 4598
the amount of the lien. Before foreclosing any lien under this 4599
section, the chief shall make a written demand upon the landowner 4600
for payment. If the landowner does not pay the amount due within 4601
sixty days, the chief shall refer the matter to the attorney 4602
general, who shall institute a civil action to foreclose the lien.4603

       (H)(1) The chief may fill voids, seal abandoned tunnels, 4604
shafts, and entryways, and reclaim surface impacts of underground 4605
or strip mines that the chief determines could endanger life and 4606
property, constitute a hazard to the public health and safety, or 4607
degrade the environment.4608

       (2) In those instances where mine waste piles are being4609
reworked for conservation purposes, the incremental costs of4610
disposing of the wastes from those operations by filling voids and 4611
sealing tunnels may be eligible for funding, provided that the 4612
disposal of these wastes meets the purposes of this section.4613

       (3) The chief may acquire by purchase, donation, easement, or 4614
otherwise such interest in land as the chief determines necessary 4615
to carry out division (H) of this section.4616

       (I) The chief shall report annually to the secretary of the4617
interior on operations under the fund and include recommendations 4618
as to its future uses.4619

       (J)(1) The chief may engage in any work and do all things4620
necessary or expedient, including the adoption of rules, to4621
implement and administer this section.4622

       (2) The chief may engage in cooperative projects under this 4623
section with any agency of the United States, any other state, or 4624
their governmental agencies or with any state university or4625
college as defined in section 3345.27 of the Revised Code. The 4626
cooperative projects are not subject to division (B) of section 4627
127.16 of the Revised Code.4628

       (3) The chief may request the attorney general to initiate in 4629
any court of competent jurisdiction an action in equity for an4630
injunction to restrain any interference with the exercise of the4631
right to enter or to conduct any work provided in this section,4632
which remedy is in addition to any other remedy available under4633
this section.4634

       (4) The chief may construct or operate a plant or plants for 4635
the control and treatment of water pollution resulting from mine 4636
drainage. The extent of this control and treatment may be4637
dependent upon the ultimate use of the water. Division (J)(4) of4638
this section does not repeal or supersede any portion of the4639
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 334640
U.S.C.A. 1151, as amended, and no control or treatment under4641
division (J)(4) of this section, in any way, shall be less than4642
that required by that act. The construction of a plant or plants4643
may include major interceptors and other facilities appurtenant to 4644
the plant.4645

       (5) The chief may transfer money from the abandoned mine 4646
reclamation fund and the acid mine drainage abatement and 4647
treatment fund to other appropriate state agencies or to state 4648
universities or colleges in order to carry out the reclamation4649
activities authorized by this section.4650

       (K) The chief may contract for any part of work to be4651
performed under this section, with or without advertising for4652
bids, if the chief determines that a condition exists that could4653
reasonably be expected to cause substantial physical harm to4654
persons, property, or the environment and to which persons or4655
improvements on real property are currently exposed.4656

       The chief shall require every contractor performing4657
reclamation work under this section to pay its workers at the4658
greater of their regular rate of pay, as established by contract,4659
agreement, or prior custom or practice, or the average wage rate4660
paid in this state for the same or similar work as determined by4661
the chief under section 1513.02 of the Revised Code.4662

       (L)(1) The chief may contract for the emergency restoration, 4663
reclamation, abatement, control, or prevention of adverse effects 4664
of mining practices on eligible lands if the chief determines that 4665
an emergency exists constituting a danger to the public health, 4666
safety, or welfare and that no other person or agency will act 4667
expeditiously to restore, reclaim, abate, control, or prevent 4668
those adverse effects. The chief may enter into a contract for 4669
emergency work under division (L) of this section without 4670
advertising for bids. Any such contract or any purchase of 4671
materials for emergency work under division (L) of this section is 4672
not subject to division (B) of section 127.16 of the Revised Code.4673

       (2) The chief or the chief's agents, employees, or4674
contractors may enter on any land where such an emergency exists, 4675
and on other land in order to have access to that land, in order 4676
to restore, reclaim, abate, control, or prevent the adverse 4677
effects of mining practices and to do all things necessary or4678
expedient to protect the public health, safety, or welfare. Such 4679
an entry shall be construed as an exercise of the police power and 4680
shall not be construed as an act of condemnation of property or of 4681
trespass. The moneys expended for the work and the benefits 4682
accruing to any premises so entered upon shall be chargeable 4683
against the land and shall mitigate or offset any claim in or any 4684
action brought by any owner of any interest in the premises for4685
any alleged damages by virtue of the entry. This provision is not 4686
intended to create new rights of action or eliminate existing 4687
immunities.4688

       Sec. 1513.371. There is hereby created in the state treasury 4689
the mined land set aside fund consisting of grants made by the 4690
United States secretary of the interior from the federal abandoned 4691
mine reclamation fund pursuant to section 402 of the "Surface 4692
Mining Control and Reclamation Act of 1977," 91 Stat. 445, 30 4693
U.S.C. 1232. The chief of the division of mineral resources 4694
management shall administer the fund. Money in the fund shall be 4695
used solely for the purposes specified in divisions (B)(1) to (4) 4696
of section 1513.37 of the Revised Code. All investment earnings of 4697
the fund shall be credited to the fund.4698

       Sec. 1514.01.  As used in this chapter:4699

       (A) "Surface mining" means all or any part of a process4700
followed in the production of minerals from the earth or from the4701
surface of the land by surface excavation methods, such as open4702
pit mining, dredging, placering, or quarrying, and includes the4703
removal of overburden for the purpose of determining the location,4704
quantity, or quality of mineral deposits, and the incidental4705
removal of coal at a rate less than one-sixth the total weight of4706
minerals and coal removed during the year, but does not include:4707
test or exploration boring; mining operations carried out beneath4708
the surface by means of shafts, tunnels, or similar mine openings;4709
the extraction of minerals, other than coal, by a landowner for 4710
the landowner's own noncommercial use where such material is4711
extracted and used in an unprocessed form on the same tract of4712
land; the extraction of minerals, other than coal, from borrow4713
pits for highway construction purposes, provided that the4714
extraction is performed under a bond, a contract, and4715
specifications that substantially provide for and require4716
reclamation practices consistent with the requirements of this4717
chapter; the removal of minerals incidental to construction work,4718
provided that the owner or person having control of the land upon4719
which the construction occurs, the contractor, or the construction4720
firm possesses a valid building permit; the removal of minerals to 4721
a depth of not more than five feet, measured from the highest4722
original surface elevation of the area to be excavated, where not4723
more than one acre of land is excavated during twelve successive4724
calendar months; routine dredging of a watercourse for purely4725
navigational or flood control purposes during which materials are4726
removed for noncommercial purposes; or the extraction or movement4727
of soil or minerals within a solid waste facility, as defined in4728
section 3734.01 of the Revised Code, that is a sanitary landfill4729
when the soil or minerals are used exclusively for the4730
construction, operation, closure, and post-closure care of the4731
facility or for maintenance activities at the facility.4732

       (B) "Minerals" means sand, gravel, clay, shale, gypsum,4733
halite, limestone, dolomite, sandstone, other stone, metalliferous4734
or nonmetalliferous ore, or other material or substance of4735
commercial value excavated in a solid state from natural deposits4736
on or in the earth, but does not include coal or peat.4737

       (C) "Overburden" means all of the earth and other materials4738
that cover a natural deposit of minerals and also means such earth4739
and other materials after removal from their natural state in the4740
process of surface mining.4741

       (D) "Spoil bank" means a pile of removed overburden.4742

       (E) "Area of land affected" means the area of land that has4743
been excavated, or upon which a spoil bank exists, or both.4744

       (F)(1) "Operation" or "surface mining operation" means all of4745
the premises, facilities, and equipment used in the process of4746
removing minerals, or minerals and incidental coal, by surface4747
mining from a mining area in the creation of which mining area4748
overburden or minerals, or minerals and incidental coal, are4749
disturbed or removed, such surface mining area being located upon4750
a single tract of land or upon two or more contiguous tracts of4751
land. Separation by a stream or roadway shall not preclude the4752
tracts from being considered contiguous.4753

       (2) When the context indicates, "operation" or "in-stream4754
mining operation" means all of the premises, facilities, and4755
equipment used in the process of removing minerals by in-stream4756
mining from a mining area.4757

       (G) "Operator" means any person engaged in surface mining who 4758
removes minerals, or minerals and incidental coal, from the earth 4759
by surface mining or who removes overburden for the purpose of 4760
determining the location, quality, or quantity of a mineral4761
deposit. "Operator" also means any person engaged in in-stream4762
mining who removes minerals from the bottom of the channel of a4763
watercourse by in-stream mining.4764

       (H) "Performance bond" means the surety bond required to be4765
filed under section 1514.04 of the Revised Code and includes cash,4766
an irrevocable letter of credit, and negotiable certificates of4767
deposit authorized to be deposited in lieu of the surety bond4768
under that section.4769

       (I) "Dewatering" means the withdrawal of ground water from an4770
aquifer or saturated zone that may result in the lowering of the4771
water level within the aquifer or saturated zone or a decline of4772
the potentiometric surface within that aquifer or saturated zone.4773

       (J) "Ground water" means all water occurring in an aquifer.4774

       (K) "Cone of depression" means a depression or low point in4775
the water table or potentiometric surface of a body of ground4776
water that develops around a location from which ground water is4777
being withdrawn.4778

       (L) "High water mark" means the line on the shore that is4779
established by the fluctuations of water and indicated by physical4780
characteristics such as a natural line impressed on the bank;4781
shelving; changes in the character of soil; destruction of4782
terrestrial vegetation; the presence of litter and debris; or4783
other appropriate means that consider the characteristics of the4784
surrounding area.4785

       (M) "In-stream mining" means all or any part of a process4786
followed in the production of minerals from the bottom of the4787
channel of a watercourse that drains a surface area of more than4788
one hundred square miles. "In-stream mining" may be accomplished4789
by using any technique or by using surface excavation methods,4790
such as open pit mining, dredging, placering, or quarrying, and4791
includes the removal of overburden for the purpose of determining4792
the location, quantity, or quality of mineral deposits. "In-stream4793
mining" does not include either of the following:4794

       (1) Routine dredging for purely navigational or flood control 4795
purposes during which materials are removed for noncommercial 4796
purposes;4797

       (2) The extraction of minerals, other than coal, by a4798
landowner for the landowner's own noncommercial use when the4799
material is extracted and used in an unprocessed form on the same4800
tract of land.4801

       For purposes of division (M) of this section, the number of4802
square miles of surface area that a watercourse drains shall be4803
determined by consulting the "gazetteer of Ohio streams," which is4804
a portion of the Ohio water plan inventory published in 1960 by4805
the division of water in the department of natural resources, or4806
its successor, if any.4807

       (N) In provisions concerning in-stream mining, when the4808
context is appropriate, "land" is deemed to include an area of a4809
watercourse.4810

       (O) "Watercourse" means any naturally occurring perennial or4811
intermittent stream, river, or creek flowing within a defined4812
stream bed and banks.4813

       (P) "Certified mine foreperson" means the person whom the 4814
operator of a surface mining operation places in charge of the 4815
conditions and practices at the mine, who is responsible for 4816
conducting workplace examinations under 30 C.F.R. part 56, as 4817
amended, and who has passed an examination for the position 4818
administered by the division of mineral resources management.4819

       Sec. 1514.011. The division of mineral resources management 4820
has authority over all surface mining operations located in the 4821
state and shall exercise that authority as provided in this 4822
chapter.4823


       Sec. 1514.03.  Within thirty days after each anniversary date4825
of issuance of a surface or in-stream mining permit, the operator4826
shall file with the chief of the division of mineral resources4827
management an annual report, on a form prescribed and furnished by4828
the chief, that, for the period covered by the report, shall state4829
the amount of and identify the types of minerals and coal, if any4830
coal, produced and shall state the number of acres affected and4831
the number of acres estimated to be affected during the next year4832
of operation. An annual report is not required to be filed if a4833
final report is filed in lieu thereof.4834

       Each annual report for a surface mining operation shall4835
include a progress map indicating the location of areas of land4836
affected during the period of the report and the location of the4837
area of land estimated to be affected during the next year. The4838
map shall be prepared in accordance with division (A)(11) or (12)4839
of section 1514.02 of the Revised Code, as appropriate, except4840
that a map prepared in accordance with division (A)(12) of that4841
section may be certified by the operator or authorized agent of4842
the operator in lieu of certification by a professional engineer4843
or surveyor registered under Chapter 4733. of the Revised Code.4844
However, the chief may require that an annual progress map or a4845
final map be prepared by a registered professional engineer or4846
registered surveyor if the chief has reason to believe that the4847
operator exceeded the boundaries of the permit area or, if the4848
operator filed the map required under division (A)(11) of section4849
1514.02 of the Revised Code, that the operator extracted ten4850
thousand tons or more of minerals during the period covered by the4851
report.4852

       Each annual report for an in-stream mining operation shall4853
include a statement of the total tonnage removed by in-stream4854
mining for each month and of the surface acreage and depth of4855
material removed by in-stream mining and shall include a map that4856
identifies the area affected by the in-stream mining, soundings4857
that depict the cross-sectional views of the channel bottom of the4858
watercourse, and water elevations for the watercourse.4859

       Each annual report shall be accompanied by a filing fee in4860
the amount of five hundred dollars, except in the case of an4861
annual report filed by a small operator or an in-stream mining4862
operator. A small operator, which is a surface mine operator who4863
intends to extract fewer than ten thousand tons of minerals and no4864
coal during the next year of operation under the permit, or an4865
in-stream mining operator shall include a filing fee in the amount4866
of two hundred fifty dollars with each annual report. The annual4867
report of any operator also shall be accompanied by an acreage fee4868
in the amount of seventy-five dollars multiplied by the number of4869
acres estimated in the report to be affected during the next year4870
of operation under the permit. The acreage fee shall be adjusted4871
by subtracting a credit of seventy-five dollars per excess acre4872
paid for the preceding year if the acreage paid for the preceding4873
year exceeds the acreage actually affected or by adding an4874
additional amount of seventy-five dollars per excess acre affected4875
if the acreage actually affected exceeds the acreage paid for the4876
preceding year.4877

       With each annual report the operator shall file a performance4878
bond in the amount, unless otherwise provided by rule, of one4879
thousandfive hundred dollars multiplied by the number of acres4880
estimated to be affected during the next year of operation under4881
the permit for which no performance bond previously was filed. 4882
Unless otherwise provided by rule, the bond shall be adjusted by4883
subtracting a credit of one thousandfive hundred dollars per4884
excess acre for which bond was filed for the preceding year if the4885
acreage for which the bond was filed for the preceding year4886
exceeds the acreage actually affected, or by adding an amount of 4887
one thousandfive hundred dollars per excess acre affected if the4888
acreage actually affected exceeds the acreage for which bond was4889
filed for the preceding year.4890

       Within thirty days after the expiration of the surface or4891
in-stream mining permit, or completion or abandonment of the4892
operation, whichever occurs earlier, the operator shall submit a4893
final report containing the same information required in an annual4894
report, but covering the time from the last annual report to the4895
expiration of the permit, or completion or abandonment of the4896
operation, whichever occurs earlier.4897

       Each final report shall include a map indicating the location4898
of the area of land affected during the period of the report and4899
the location of the total area of land affected under the permit.4900
The map shall be prepared in accordance with division (A)(11) or4901
(12) of section 1514.02 of the Revised Code, as appropriate.4902

       In the case of a final report for an in-stream mining4903
operation, the map also shall include the information required4904
under division (A)(18) of section 1514.02 of the Revised Code.4905

       If the final report and certified map, as verified by the4906
chief, show that the number of acres affected under the permit is4907
larger than the number of acres for which the operator has paid an4908
acreage fee or filed a performance bond, upon notification by the4909
chief, the operator shall pay an additional acreage fee in the4910
amount of seventy-five dollars multiplied by the difference4911
between the number of acres affected under the permit and the4912
number of acres for which the operator has paid an acreage fee and4913
shall file an additional performance bond in the amount, unless4914
otherwise provided by rule, of one thousandfive hundred dollars4915
multiplied by the difference between the number of acres affected4916
under the permit and the number of acres for which the operator4917
has filed bond.4918

       If the final report and certified map, as verified by the4919
chief, show that the number of acres affected under the permit is4920
smaller than the number of acres for which the operator has filed4921
a performance bond, the chief shall order release of the excess4922
bond. However, the chief shall retain a performance bond in a4923
minimum amount of ten thousand dollars irrespective of the number4924
of acres affected under the permit. The release of the excess bond 4925
shall be in an amount, unless otherwise provided by rule, equal to 4926
one thousandfive hundred dollars multiplied by the difference4927
between the number of acres affected under the permit and the4928
number of acres for which the operator has filed bond.4929

       The fees collected pursuant to this section and section4930
1514.02 of the Revised Code shall be deposited with the treasurer4931
of state to the credit of the surface mining fund created under4932
section 1514.06 of the Revised Code.4933

       If upon inspection the chief finds that any filing fee,4934
acreage fee, performance bond, or part thereof is not paid when4935
due or is paid on the basis of false or substantially inaccurate4936
reports, the chief may request the attorney general to recover the4937
unpaid amounts that are due the state, and the attorney general4938
shall commence appropriate legal proceedings to recover the unpaid4939
amounts.4940

       Sec. 1514.04. (A) Upon receipt of notification from the 4941
chief of the division of mineral resources management of the 4942
chief's intent to issue an order granting a surface or in-stream 4943
mining permit to the applicant, the applicant shall file a surety 4944
bond, cash, an irrevocable letter of credit, or certificates of 4945
deposit in the amount, unless otherwise provided by rule, of ten 4946
thousand dollars plus one thousand. If the amount of land to be 4947
affected is more than twenty acres, the applicant also shall file 4948
a surety bond, cash, an irrevocable letter of credit, or 4949
certificates of deposit in the amount of five hundred dollars per4950
acre of land to be affected that exceeds twenty acres. Upon 4951
receipt of notification from the chief of the chief's intent to 4952
issue an order granting an amendment to a surface or in-stream4953
mining permit, the applicant shall file a surety bond, cash, an4954
irrevocable letter of credit, or certificates of deposit in the4955
amount, unless otherwise provided by rule, of one thousand dollars 4956
per acre of land to be affectedrequired in this division.4957

       In the case of a surface mining permit, the bond shall be4958
filed forbased on the number of acres estimated to be affected 4959
during the first year of operation under the permit. In the case 4960
of an amendment to a surface mining permit, the bond shall be 4961
filed forbased on the number of acres estimated to be affected 4962
during the balance of the period until the next anniversary date 4963
of the permit.4964

       In the case of an in-stream mining permit, the bond shall be4965
filed forbased on the number of acres of land within the limits 4966
of the in-stream mining permit for the entire permit period. In 4967
the case of an amendment to an in-stream mining permit, the bond 4968
shall be filed forbased on the number of any additional acres of 4969
land to be affected within the limits of the in-stream mining 4970
permit.4971

       (B) A surety bond filed pursuant to this section and sections4972
1514.02 and 1514.03 of the Revised Code shall be upon the form4973
that the chief prescribes and provides and shall be signed by the4974
operator as principal and by a surety company authorized to4975
transact business in the state as surety. The bond shall be4976
payable to the state and shall be conditioned upon the faithful4977
performance by the operator of all things to be done and performed4978
by the operator as provided in this chapter and the rules and4979
orders of the chief adopted or issued pursuant thereto.4980

       The operator may deposit with the chief, in lieu of a surety4981
bond, cash in an amount equal to the surety bond as prescribed in4982
this section, an irrevocable letter of credit or negotiable4983
certificates of deposit issued by any bank organized or4984
transacting business in this state, or an irrevocable letter of4985
credit or certificates of deposit issued by any savings and loan4986
association as defined in section 1151.01 of the Revised Code,4987
having a cash value equal to or greater than the amount of the4988
surety bond as prescribed in this section. Cash or certificates of 4989
deposit shall be deposited upon the same terms as the terms upon 4990
which surety bonds may be deposited. If one or more certificates 4991
of deposit are deposited with the chief in lieu of a surety bond, 4992
the chief shall require the bank or savings and loan association 4993
that issued any such certificate to pledge securities of a cash 4994
value equal to the amount of the certificate, or certificates, 4995
that is in excess of the amount insured by the federal deposit 4996
insurance corporation. The securities shall be security for the 4997
repayment of the certificate of deposit.4998

       (C) Immediately upon a deposit of cash, a letter of credit, 4999
or certificates with the chief, the chief shall deliver it to the5000
treasurer of state who shall hold it in trust for the purposes for5001
which it has been deposited. The treasurer of state shall be5002
responsible for the safekeeping of such deposits. An operator5003
making a deposit of cash, a letter of credit, or certificates of5004
deposit may withdraw and receive from the treasurer of state, on5005
the written order of the chief, all or any part of the cash,5006
letter of credit, or certificates in the possession of the5007
treasurer of state, upon depositing with the treasurer of state5008
cash, an irrevocable letter of credit, or negotiable certificates5009
of deposit issued by any bank organized or transacting business in5010
this state, or an irrevocable letter of credit or certificates of5011
deposit issued by any savings and loan association, equal in value5012
to the value of the cash, letter of credit, or certificates5013
withdrawn. An operator may demand and receive from the treasurer5014
of state all interest or other income from any certificates as it5015
becomes due. If certificates deposited with and in the possession5016
of the treasurer of state mature or are called for payment by the5017
issuer thereof, the treasurer of state, at the request of the5018
operator who deposited them, shall convert the proceeds of the5019
redemption or payment of the certificates into such other5020
negotiable certificates of deposit issued by any bank organized or5021
transacting business in this state, such other certificates of5022
deposit issued by any savings and loan association, or cash, as5023
may be designated by the operator.5024

       (D) A governmental agency, as defined in division (A) of 5025
section 1514.022 of the Revised Code, or a board or commission 5026
that derives its authority from a governmental agency shall not 5027
require a surface or in-stream mining operator to file a surety 5028
bond or any other form of financial assurance for the reclamation 5029
of land to be affected by a surface or in-stream mining operation5030
authorized under this chapter.5031

       Sec. 1514.05.  (A) At any time within the period allowed an5032
operator by section 1514.02 of the Revised Code to reclaim an area5033
of land affected by surface or in-stream mining, the operator may5034
file a request, on a form provided by the chief of the division of5035
mineral resources management, for inspection of the area of land5036
upon which a phase of the reclamation, other than any required 5037
planting, is completed. For purposes of inspections and subsequent 5038
releases of performance bonds or cash, irrevocable letters of 5039
credit, or certificates of deposit deposited in lieu of bonds 5040
under this section, reclamation shall be considered to occur in 5041
two phases. The first phase involves grading, contouring,5042
terracing, resoiling, and initial planting. The second phase5043
involves the establishment of vegetative cover together with the5044
maintenance and the completion of all reclamation required under5045
this chapter or rules adopted under it.The5046

       A request for inspection at the completion of a phase of5047
reclamation shall include all of the following:5048

       (1) The location of the area and number of acres;5049

       (2) The permit number;5050

       (3) The amount of performance bond on deposit at the time of5051
the request to ensure reclamation of the area;5052

       (4) A map showing the location of the acres reclaimed,5053
prepared and certified in accordance with division (A)(11) or (12)5054
of section 1514.02 of the Revised Code, as appropriate. In the5055
case of an in-stream mining operation, the map also shall include5056
the information required under division (A)(18) of section 1514.025057
of the Revised Code.5058

       In addition, a request for inspection of the second phase of5059
reclamation shall include a description of the type and date of5060
any required planting and a statement regarding the degree of5061
success of the growth.5062

       (B) The chief shall make an inspection and evaluation of the5063
reclamation of the area of land for which athe request was5064
submitted within ninety days after receipt of the request or, if5065
the operator fails to complete the reclamation or file the request5066
as required, as soon as the chief learns of the default.5067
Thereupon, if the chief approves the first phase of the5068
reclamation, other than any required planting, as meeting the5069
requirements of this chapter, rules adopted thereunder, any orders5070
issued during the mining or reclamation, and the specifications of5071
the plan for mining and reclaiming, the chief shall issue an order5072
to the operator and the operator's surety releasing them from5073
liability for the applicable percentage specified in this division5074
one-half of the total amount of their surety bond on deposit to5075
ensure reclamation for the area upon which reclamation is5076
completed. If the chief approves the second phase of the5077
reclamation, the chief shall order release of the remaining5078
performance bond, after completing the inspection and evaluation,5079
in the same manner as in the case of approval of the first phase5080
of reclamation, and the treasurer of state shall proceed as in5081
that case.5082

       On approval of the first phase of reclamation, the chief5083
shall release seventy-five per cent of the amount of the surety5084
bond on deposit. On approval of the second phase of reclamation,5085
the chief shall release the remaining amount of the surety bond5086
that originally was on deposit.5087

       If the operator has deposited cash, an irrevocable letter of5088
credit, or certificates of deposit in lieu of a surety bond to5089
ensure reclamation, the chief shall issue an order to the operator5090
releasing one-half of the amount so held in the same manner and in 5091
the same percentages that apply to the release of a surety bond5092
and promptly shall transmit a certified copy of the order to the5093
treasurer of state. Upon presentation of the order to the5094
treasurer of state by the operator to whom it was issued, or by5095
the operator's authorized agent, the treasurer of state shall5096
deliver to the operator or the operator's authorized agent the5097
cash, irrevocable letter of credit, or certificates of deposit5098
designated in the order.5099

       (C) If the chief does not approve a phase of the reclamation, 5100
other than any required planting, the chief shall notify the5101
operator by certified mail. The notice shall be an order stating5102
the reasons for unacceptability, ordering further actions to be5103
taken, and setting a time limit for compliance. If the operator5104
does not comply with the order within the time limit specified,5105
the chief may order an extension of time for compliance after5106
determining that the operator's noncompliance is for good cause,5107
resulting from developments partially or wholly beyond the5108
operator's control. If the operator complies within the time limit5109
or the extension of time granted for compliance, the chief shall5110
order release of the performance bond in the same manner as in the5111
case of approval of reclamation, other than any required planting,5112
by the chief, and the treasurer of state shall proceed as in that 5113
case. If the operator does not comply within the time limit and 5114
the chief does not order an extension, or if the chief orders an 5115
extension of time and the operator does not comply within the 5116
extension of time granted for compliance, the chief shall issue 5117
another order declaring that the operator has failed to reclaim 5118
and, if the operator's permit has not already expired or been 5119
revoked, revoking the operator's permit. The chief shall thereupon 5120
proceed under division (D)(C) of this section.5121

       (D)(B) At any time within the period allowed an operator by 5122
section 1514.02 of the Revised Code to reclaim an area affected by 5123
surface mining, the operator may file a request, on a form 5124
provided by the chief, for inspection of the area of land on which 5125
all reclamation, including the successful establishment of any 5126
required planting, is completed. The request shall include all of 5127
the following:5128

       (1) The location of the area and number of acres;5129

       (2) The permit number;5130

       (3) The type and date of any required planting of vegetative 5131
cover and the degree of success of growth;5132

       (4) A map showing the location of the acres reclaimed, 5133
prepared and certified in accordance with division (A)(11) or (12) 5134
of section 1514.02 of the Revised Code, as appropriate. In the 5135
case of an in-stream mining operation, the map also shall include 5136
the information required under division (A)(18) of section 1514.02 5137
of the Revised Code.5138

       The chief shall make an inspection and evaluation of the 5139
reclamation of the area of land for which the request was 5140
submitted within ninety days after receipt of the request or, if 5141
the operator fails to complete the reclamation or file the request 5142
as required, as soon as the chief learns of the default. 5143
Thereupon, if the chief finds that the reclamation meets the 5144
requirements of this chapter, rules adopted under it, any orders 5145
issued during the mining and reclamation, and the specifications 5146
of the plan for mining and reclaiming and decides to release any 5147
remaining performance bond on deposit to ensure reclamation of the 5148
area on which reclamation is completed, within ten days of 5149
completing the inspection and evaluation, the chief shall order 5150
release of the remaining performance bond in the same manner as in 5151
the case of approval of reclamation other than required planting, 5152
and the treasurer of state shall proceed as in that case.5153

       If the chief does not approve the reclamation performed by 5154
the operator, the chief shall notify the operator by certified 5155
mail within ninety days of the filing of the application for 5156
inspection or of the date when the chief learns of the default. 5157
The notice shall be an order stating the reasons for 5158
unacceptability, ordering further actions to be taken, and setting 5159
a time limit for compliance. If the operator does not comply with 5160
the order within the time limit specified, the chief may order an 5161
extension of time for compliance after determining that the 5162
operator's noncompliance is for good cause, resulting from 5163
developments partially or wholly beyond the operator's control. If 5164
the operator complies within the time limit or the extension of 5165
time granted for compliance, the chief shall order release of the 5166
remaining performance bond in the same manner as in the case of 5167
approval of reclamation by the chief, and the treasurer of state 5168
shall proceed as in that case. If the operator does not comply 5169
within the time limit and the chief does not order an extension, 5170
or if the chief orders an extension of time and the operator does 5171
not comply within the extension of time granted for compliance, 5172
the chief shall issue another order declaring that the operator 5173
has failed to reclaim and, if the operator's permit has not 5174
already expired or been revoked, revoking the operator's permit. 5175
The chief then shall proceed under division (C) of this section.5176

       (C) Upon issuing an order under division (C)(A) or (B) of5177
this section declaring that the operator has failed to reclaim,5178
the chief shall retain all or part of the performance bond on 5179
deposit for reclamation of the affected surface or in-stream mine 5180
site. Themake a finding as to the number and location of the 5181
acres of land that the operator has failed to reclaim in the 5182
manner required by this chapter. The chief shall order the release 5183
of the performance bond in the amount of five hundred dollars per 5184
acre for those acres that the chief finds to have been reclaimed 5185
in the manner required by this chapter. The release shall be 5186
ordered in the same manner as in the case of other approval of 5187
reclamation by the chief, and the treasurer of state shall proceed 5188
as in that case. If the operator has on deposit cash, an 5189
irrevocable letter of credit, or certificates of deposit to ensure 5190
reclamation of the area of the land affected, the chief at the5191
same time shall issue an order declaring that the remaining cash,5192
irrevocable letter of credit, or certificates of deposit, if any,5193
are the property of the state and are available for use by the 5194
chief in performing reclamation of the area and shall proceed in 5195
accordance with section 1514.06 of the Revised Code.5196

       If the operator has on deposit a surety bond to ensure5197
reclamation of the area of land affected, the chief shall notify5198
the surety in writing of the operator's default and shall request5199
the surety to perform the surety's obligation and that of the5200
operator. The surety, within ten days after receipt of the notice, 5201
shall notify the chief as to whether it intends to perform those 5202
obligations.5203

       If the surety chooses to perform, it shall arrange for work5204
to begin within thirty days of the day on which it notifies the5205
chief of its decision. If the surety completes the work as5206
required by this chapter, the chief shall issue an order to the5207
surety releasing the surety from liability under the bond in the5208
same manner as if the surety were an operator proceeding under5209
this section. If, after the surety begins the work, the chief5210
determines that the surety is not carrying the work forward with5211
reasonable progress, or that it is improperly performing the work,5212
or that it has abandoned the work or otherwise failed to perform5213
its obligation and that of the operator, the chief shall issue an5214
order terminating the right of the surety to perform the work and5215
demanding payment of the amount due as required by this chapter.5216

       If the surety chooses not to perform and so notifies the5217
chief, does not respond to the chief's notice within ten days of5218
receipt thereof, or fails to begin work within thirty days of the5219
day it timely notifies the chief of its decision to perform its5220
obligation and that of the operator, the chief shall issue an5221
order terminating the right of the surety to perform the work and5222
demanding payment of the amount due, as required by this chapter.5223

       Upon receipt of an order of the chief demanding payment of5224
the amount due, the surety immediately shall deposit with the5225
chief cash in the full amount due under the order for deposit with5226
the treasurer of state. If the surety fails to make an immediate5227
deposit, the chief shall certify it to the attorney general for5228
collection. When the chief has issued an order terminating the5229
right of the surety and has the cash on deposit, the cash is the5230
property of the state and is available for use by the chief, who5231
shall proceed in accordance with section 1514.06 of the Revised5232
Code.5233

       Sec. 1514.051. (A) If an operator or a partner or officer of 5234
the operator forfeits a performance bond, the division of mineral 5235
resources management shall have a priority lien in front of all 5236
other interested creditors against the assets of that operator for 5237
the amount that is needed to perform any reclamation that is 5238
required as a result of the operator's mining activities. The 5239
chief of the division of mineral resources management shall file a 5240
statement in the office of the county recorder of each county in 5241
which the mined land lies of the estimated costs to reclaim the 5242
land. Estimated costs shall include direct and indirect costs of 5243
the development, design, construction, management, and 5244
administration of the reclamation. The statement shall constitute 5245
a lien on the assets of the operator as of the date of the filing. 5246
The lien shall continue in force so long as any portion of the 5247
lien remains unpaid or until the chief issues a certificate of 5248
release of the lien. If the chief issues a certificate of release 5249
of the lien, the chief shall file a certificate of release in the 5250
office of each applicable county recorder.5251

       (B) The chief promptly shall issue a certificate of release 5252
under any of the following circumstances:5253

       (1) Upon the repayment in full of the money that is necessary 5254
to complete the reclamation;5255

       (2) Upon the transfer of an existing permit that includes the 5256
areas of the surface mine for which reclamation was not completed 5257
from the operator that forfeited the performance bond to a new 5258
operator;5259

       (3) Any other circumstance that the chief determines to be in 5260
the best interests of the state.5261

       (C) The chief may modify the amount of a lien under this 5262
section. If the chief modifies a lien, the chief shall file a 5263
statement in the office of the county recorder of each applicable 5264
county of the new amount of the lien.5265

       (D) The chief may authorize a closing agent to hold a 5266
certificate of release in escrow for a period not to exceed one 5267
hundred eighty days for the purpose of facilitating the transfer 5268
of unreclaimed mine land.5269

       (E) All money from the collection of liens under this section 5270
shall be deposited in the state treasury to the credit of the 5271
surface mining fund created in section 1514.06 of the Revised 5272
Code.5273

       Sec. 1514.06.  (A) There is hereby created in the state5274
treasury the surface mining fund. All cashconsisting of all money5275
that becomes the property of the state pursuant to section5276
sections 1514.05 and 1514.051 of the Revised Code shall be 5277
deposited in the fund, and expenditures, money credited to the 5278
fund under divisions (C)(1) and (2) of section 1514.071, and other 5279
money specified in section 1514.11 of the Revised Code. All 5280
investment earnings of the fund shall be credited to the fund. 5281
Expenditures from the fund shall be made by the chief of the 5282
division of mineral resources management only for the purpose of 5283
reclaiming areas of land affected by surface or in-stream mining 5284
operations on which anunder a permit issued under this chapter 5285
that the operator has defaultedfailed to reclaim and for other 5286
purposes specified in section 1514.11 of the Revised Code.5287

       (B) Expenditures of moneys from the fund, except as otherwise5288
provided by this section, shall be made pursuant to contracts5289
entered into by the chief with persons who agree to furnish all of 5290
the materials, equipment, work, and labor, as specified and5291
provided in the contracts, for the prices stipulated therein. 5292
With the approval of the director of natural resources, the chief 5293
may reclaim the land in the same manner as the chief required of5294
the operator who defaultedfailed to reclaim the land. Each 5295
contract awarded by the chief shall be awarded to the lowest 5296
responsive and responsible bidder, in accordance with section 5297
9.312 of the Revised Code, after sealed bids are received, opened, 5298
and published at the time and place fixed by the chief. The chief5299
shall publish notice of the time and place at which bids will be5300
received, opened, and published, at least once at least ten days5301
before the date of the opening of the bids, in a newspaper of5302
general circulation in the county in which the area of land to be5303
reclaimed under the contract is located. If, after so advertising5304
for bids, no bids are received by the chief at the time and place5305
fixed for receiving them, the chief may advertise again for bids,5306
or, if the chief considers the public interest will be best5307
served, the chief may enter into a contrac