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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, 3734.13, 3745.01, | 19 |
3745.08, 4115.04, 4501.01, and 5749.02; to enact | 20 |
sections 303.141, 519.141, 1501.45, 1513.075, | 21 |
1513.081, 1513.171, 1513.182, 1513.371, 1514.011, | 22 |
1514.051, 1514.40 to 1514.47, 1514.50, 1515.093, | 23 |
1548.031, 1548.032, 1561.011, 1563.01, 1565.01, | 24 |
1567.01, 1571.011, 2305.041, 3734.61 to 3734.65, | 25 |
5577.081, and 5749.11; and to repeal sections | 26 |
1502.11, 1513.10, 1521.08, and 1533.78 of the | 27 |
Revised Code to revise the statutes governing the | 28 |
Department of Natural Resources; to make changes | 29 |
to the law governing coal mining, including | 30 |
increasing the severance tax on coal and revising | 31 |
the distribution of revenue from that tax; to make | 32 |
changes to the law governing the mining of | 33 |
industrial minerals, including revising zoning | 34 |
provisions related to such mining; to establish | 35 |
requirements governing mercury; and to make other | 36 |
changes. | 37 |
Section 1. That sections 123.04, 303.14, 307.37, 519.14, | 38 |
1501.011, 1501.02, 1501.07, 1501.23, 1501.32, 1502.01, 1502.03, | 39 |
1502.12, 1504.02, 1506.04, 1507.01, 1510.04, 1511.021, 1513.01, | 40 |
1513.02, 1513.07, 1513.071, 1513.08, 1513.13, 1513.16, 1513.17, | 41 |
1513.18, 1513.181, 1513.29, 1513.30, 1513.37, 1514.01, 1514.03, | 42 |
1514.04, 1514.05, 1514.06, 1514.09, 1514.11, 1514.99, 1515.10, | 43 |
1515.211, 1517.02, 1517.10, 1517.11, 1520.02, 1520.03, 1520.05, | 44 |
1520.07, 1521.01, 1521.04, 1521.05, 1521.06, 1521.061, 1521.062, | 45 |
1521.064, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1531.01, | 46 |
1531.02, 1531.04, 1531.06, 1531.10, 1531.20, 1531.27, 1531.99, | 47 |
1533.07, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131, | 48 |
1533.171, 1533.42, 1533.632, 1533.68, 1533.86, 1533.882, 1533.99, | 49 |
1541.03, 1541.05, 1541.40, 1547.05, 1547.08, 1547.51, 1547.54, | 50 |
1547.541, 1547.99, 1548.02, 1567.35, 3734.13, 3745.01, 3745.08, | 51 |
4115.04, 4501.01, and 5749.02 be amended and sections 303.141, | 52 |
519.141, 1501.45, 1513.075, 1513.081, 1513.171, 1513.182, | 53 |
1513.371, 1514.011, 1514.051, 1514.40, 1514.41, 1514.42, 1514.43, | 54 |
1514.44, 1514.45, 1514.46, 1514.47, 1514.50, 1515.093, 1548.031, | 55 |
1548.032, 1561.011, 1563.01, 1565.01, 1567.01, 1571.011, 2305.041, | 56 |
3734.61, 3734.62, 3734.63, 3734.64, 3734.65, 5577.081, and 5749.11 | 57 |
of the Revised Code be enacted to read as follows: | 58 |
Sec. 123.04. The director of administrative services shall | 59 |
be appointed superintendent of public works and shall have the | 60 |
care and control of the
public works of the state | 61 |
62 | |
maintain, and keep them in repair. | 63 |
Subject to the approval of the governor, the director may | 64 |
purchase on behalf of the state such real or personal property, | 65 |
rights, or privileges as are necessary, in the director's | 66 |
judgment, to acquire in the maintenance of the public works or | 67 |
their improvement. | 68 |
Any instrument by which the state or an agency of the state | 69 |
acquires real property pursuant to this section shall identify the | 70 |
agency of the state that has the use and benefit of the real | 71 |
property as specified in section 5301.012 of the Revised Code. | 72 |
Sec. 303.14. The county board of zoning appeals may: | 73 |
(A) Hear and decide appeals where it is alleged there is | 74 |
error in any order, requirement, decision, or determination made | 75 |
by an administrative official in the enforcement of sections | 76 |
303.01 to 303.25 of the Revised Code, or of any resolution adopted | 77 |
pursuant thereto; | 78 |
(B) Authorize upon appeal, in specific cases, such variance | 79 |
from the terms of the zoning resolution as will not be contrary to | 80 |
the public interest, where, owing to special conditions, a literal | 81 |
enforcement of the resolution will result in unnecessary hardship, | 82 |
and so that the spirit of the resolution shall be observed and | 83 |
substantial justice done; | 84 |
(C) Grant conditional zoning certificates for the use of | 85 |
land, buildings, or other structures if such certificates for | 86 |
specific uses are provided for in the zoning resolution | 87 |
board considers conditional zoning certificates for activities | 88 |
that are permitted and regulated under Chapter 1514. of the | 89 |
Revised Code or activities that are related to making finished | 90 |
aggregate products, the board shall proceed in accordance with | 91 |
section 303.141. of the Revised Code. | 92 |
(D) Revoke an authorized variance or conditional zoning | 93 |
certificate granted for the extraction of minerals, if any | 94 |
condition of the variance or certificate is violated. | 95 |
The board shall notify the holder of the variance or | 96 |
certificate by certified mail of its intent to revoke the variance | 97 |
or certificate under division (D) of this section and of
| 98 |
holder's right to a hearing before the board within thirty days of | 99 |
the
mailing of the notice if | 100 |
holder requests a hearing, the board shall set a time and place | 101 |
for the hearing and notify the holder. At the hearing, the holder | 102 |
may appear in
person, by | 103 |
or | 104 |
105 | |
for or against | 106 |
board may revoke the variance or certificate without a hearing. | 107 |
The authority to revoke a variance or certificate is in addition | 108 |
to any other means of zoning enforcement provided by law. | 109 |
In exercising the above-mentioned powers, | 110 |
in conformity with such sections, reverse or affirm, wholly or | 111 |
partly, or modify the order, requirement, decision, or | 112 |
determination appealed from and may make such order, requirement, | 113 |
decision, or determination as ought to be made, and to that end | 114 |
has all powers of the officer from whom the appeal is taken. | 115 |
Sec. 303.141. (A) If a county board of zoning appeals | 116 |
considers conditional zoning certificates for activities that are | 117 |
permitted and regulated under Chapter 1514. of the Revised Code or | 118 |
activities that are related to making finished aggregate products, | 119 |
the board shall not consider or base its determination on matters | 120 |
that are regulated by any federal, state, or local agency. | 121 |
However, the board may require as a condition of the approval of a | 122 |
conditional zoning certificate for such an activity compliance | 123 |
with any general standards contained in the zoning resolution that | 124 |
apply to all conditional uses that are provided for in the zoning | 125 |
resolution and, except as provided in division (C) of this | 126 |
section, may require any specified measure, including, but not | 127 |
limited to, one or more of the following: | 128 |
(1) Inspections of nearby structures and water wells to | 129 |
determine structural integrity and water levels; | 130 |
(2) Compliance with applicable federal, state, and local laws | 131 |
and regulations; | 132 |
(3) Identification of specific roads in accordance with | 133 |
division (B) of this section to be used as the primary means of | 134 |
ingress to and egress from the proposed activity; | 135 |
(4) Compliance with reasonable noise abatement measures; | 136 |
(5) Compliance with reasonable dust abatement measures; | 137 |
(6) Establishment of setbacks, berms, and buffers for the | 138 |
proposed activity; | 139 |
(7) Establishment of a complaint procedure; | 140 |
(8) Any other measure reasonably related to public health and | 141 |
safety. | 142 |
(B)(1) For purposes of this section and section 519.141 of | 143 |
the Revised Code, and prior to the submission of an application | 144 |
for a conditional zoning certificate, an applicant shall send | 145 |
written notice to the county engineer of the applicant's intent to | 146 |
apply for a conditional zoning certificate. Not later than | 147 |
fourteen days after receipt of the written notice, the county | 148 |
engineer shall establish the time, date, and location of a meeting | 149 |
with the applicant and send written notice of the time, date, and | 150 |
location of the meeting to the applicant and to the fiscal officer | 151 |
of each township in which the proposed activity is to be located | 152 |
or expanded. At the meeting, the applicant shall explain the | 153 |
proposed location of the activity or expansion of an existing | 154 |
activity, the anticipated amount of aggregate material to be | 155 |
shipped by truck from the activity, and the anticipated primary | 156 |
market areas for the finished aggregate products leaving the | 157 |
activity. | 158 |
Not later than thirty days after the meeting with the | 159 |
applicant, the county engineer shall submit a written | 160 |
recommendation of specific roads to be used as the primary means | 161 |
of ingress to and egress from the proposed activity to the board | 162 |
of county commissioners. In making the recommendation, the county | 163 |
engineer shall consider all of the following: | 164 |
(a) The ability of each road to handle the anticipated | 165 |
recurring loads resulting from trucks entering and leaving the | 166 |
proposed activity; | 167 |
(b) The present condition of each road; | 168 |
(c) The amount of residential development that exists along | 169 |
each road; | 170 |
(d) The most direct route from the proposed activity to a | 171 |
state highway unless another route is more capable of | 172 |
accommodating the anticipated recurring loads and will result in | 173 |
fewer conflicts with existing residential development. | 174 |
(2) At the next regularly scheduled meeting of the board of | 175 |
county commissioners after receipt of a written recommendation | 176 |
under division (B)(1) of this section, the board shall adopt the | 177 |
recommendation or adopt the recommendation with modifications. If | 178 |
the board adopts the recommendation with modifications, the board | 179 |
shall base the modifications only on the criteria established in | 180 |
divisions (B)(1)(a) to (d) of this section. The board may adopt | 181 |
the recommendation with modifications only by a unanimous vote. | 182 |
The board shall send written notice of the adoption of the | 183 |
recommendation or the recommendation with modifications to the | 184 |
county board of zoning appeals. | 185 |
(3) For purposes of this section and section 519.141 of the | 186 |
Revised Code, a decision of a board of county commissioners under | 187 |
division (B)(2) of this section is final ten days after the board | 188 |
adopts the recommendation or the recommendation with modifications | 189 |
unless the applicant or an affected board of township trustees | 190 |
submits written notice of appeal within ten days after the board's | 191 |
action. If the board of county commissioners receives a timely | 192 |
written notice of appeal, the board shall conduct an appeal | 193 |
hearing concerning its decision not later than fourteen days after | 194 |
receipt of the notice. If the board of county commissioners | 195 |
receives more than one timely written notice of appeal, the board | 196 |
may conduct one appeal hearing concerning all of the notices of | 197 |
appeal. | 198 |
For purposes of an appeal hearing that is held under this | 199 |
division, the applicant or a board of township trustees that | 200 |
submitted written notice of appeal may present testimony for the | 201 |
board of county commissioners to consider concerning its decision | 202 |
under division (B)(2) of this section. At the hearing, the | 203 |
applicant or the board of township trustees may be represented by | 204 |
an attorney. A witness at the hearing shall testify under oath or | 205 |
affirmation, which any member of the board of county commissioners | 206 |
may administer. A witness at the hearing shall be subject to | 207 |
cross-examination. | 208 |
Not later than fourteen days after the hearing, the board of | 209 |
county commissioners shall affirm its decision under division | 210 |
(B)(2) of this section or, based on the testimony at the hearing, | 211 |
modify its decision. The board shall send written notice of its | 212 |
decision to the applicant, any board of township trustees that | 213 |
submitted written notice of appeal, and the county board of zoning | 214 |
appeals. | 215 |
A decision of a board of county commissioners under this | 216 |
division is final unless vacated or modified upon judicial review. | 217 |
(4) An applicant or a board of township trustees that | 218 |
submitted written notice of appeal under division (B)(3) of this | 219 |
section may appeal a decision of a board of county commissioners | 220 |
under that division to the court of common pleas of the county in | 221 |
which the activity is proposed to be located or expanded pursuant | 222 |
to section 2506.01 of the Revised Code. | 223 |
(C) When granting a conditional zoning certificate, a county | 224 |
board of zoning appeals shall not require the identification of | 225 |
specific roads, as otherwise authorized in division (A)(3) of this | 226 |
section, and the identification of specific roads in accordance | 227 |
with division (B) of this section shall not apply, for any of the | 228 |
following: | 229 |
(1) The transfer of unfinished aggregate material between | 230 |
facilities that are under the control of the same owner or | 231 |
operator; | 232 |
(2) The loading or unloading of finished aggregate product | 233 |
within a ten-mile radius of a surface mining operation; | 234 |
(3) The expansion of an existing surface mining operation | 235 |
when the specific road that is used as the primary means of | 236 |
ingress to and egress from the operation will be the same road | 237 |
that is used for that purpose after the expansion of the facility. | 238 |
(D) The identification of specific roads in accordance with | 239 |
division (B) of this section to be used as the primary means of | 240 |
ingress to and egress from a proposed activity becomes effective | 241 |
only upon the granting of a conditional zoning certificate. | 242 |
(E) As used in this section, "surface mining operation" has | 243 |
the same meaning as in section 1514.01 of the Revised Code. | 244 |
Sec. 307.37. (A) As used in division (B)(3) of this section, | 245 |
"proposed new construction" means a proposal to erect, construct, | 246 |
repair, alter, redevelop, or maintain a single-family, two-family, | 247 |
or three-family dwelling or any structure that is regulated by the | 248 |
Ohio building code. | 249 |
(B)(1)(a) The board of county commissioners may adopt local | 250 |
residential building regulations governing residential buildings | 251 |
as defined in section 3781.06 of the Revised Code, to be enforced | 252 |
within the unincorporated area of the county or within districts | 253 |
the board establishes in any part of the unincorporated area. No | 254 |
local residential building regulation shall differ from the state | 255 |
residential building code the board of building standards | 256 |
establishes pursuant to Chapter 3781. of the Revised Code unless | 257 |
the regulation addresses subject matter not addressed by the state | 258 |
residential building code or is adopted pursuant to section | 259 |
3781.01 of the Revised Code. | 260 |
(b) The board of county commissioners may, by resolution, | 261 |
adopt, administer, and enforce within the unincorporated area of | 262 |
the county, or within districts the board establishes in the | 263 |
unincorporated area, an existing structures code pertaining to the | 264 |
repair and continued maintenance of structures and the premises of | 265 |
those structures provided that the existing structures code | 266 |
governs subject matter not addressed by, and is not in conflict | 267 |
with, the state residential building code adopted pursuant to | 268 |
Chapter 3781. of the Revised Code. The board may adopt by | 269 |
incorporation by reference a model or standard code prepared and | 270 |
promulgated by the state, any agency of this state, or any private | 271 |
organization that publishes a recognized or standard existing | 272 |
structures code. | 273 |
(c) The board shall assign the duties of administering and | 274 |
enforcing any local residential building regulations or existing | 275 |
structures code to a county officer or employee who is trained and | 276 |
qualified for those duties and shall establish by resolution the | 277 |
minimum qualifications necessary to perform those duties. | 278 |
(2) The board may adopt regulations for participation in the | 279 |
national flood insurance program | 280 |
281 | |
as | 282 |
regulations | 283 |
of the Revised Code governing the prohibition, location, erection, | 284 |
construction, redevelopment, or floodproofing of new buildings or | 285 |
structures, substantial improvements to existing buildings or | 286 |
structures, or other development in unincorporated territory | 287 |
within flood hazard areas identified under the "Flood Disaster | 288 |
Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as | 289 |
amended, or within Lake Erie coastal erosion areas identified | 290 |
under section 1506.06 of the Revised Code, including, but not | 291 |
limited to, residential, commercial, institutional, or industrial | 292 |
buildings or structures or other permanent structures, as defined | 293 |
in section 1506.01 of the Revised Code. Rules adopted under | 294 |
division (B)(2) of this section shall not conflict with the state | 295 |
residential and nonresidential building codes adopted pursuant to | 296 |
section 3781.10 of the Revised Code. | 297 |
(3)(a) A board may adopt regulations that provide for a | 298 |
review of the specific effects of a proposed new construction on | 299 |
existing surface or subsurface drainage. The regulations may | 300 |
require reasonable drainage mitigation and reasonable alteration | 301 |
of a proposed new construction before a building permit is issued | 302 |
in order to prevent or correct any adverse effects that the | 303 |
proposed new construction may have on existing surface or | 304 |
subsurface drainage. The regulations shall not be inconsistent | 305 |
with, more stringent than, or broader in scope than standards | 306 |
adopted by the natural resource conservation service in the United | 307 |
States department of agriculture concerning drainage or rules | 308 |
adopted by the environmental protection agency for reducing, | 309 |
controlling, or mitigating storm water runoff from construction | 310 |
sites, where applicable. The regulations shall allow a person who | 311 |
is registered under Chapter 4703. or 4733. of the Revised Code to | 312 |
prepare and submit relevant plans and other documents for review, | 313 |
provided that the person is authorized to prepare the plans and | 314 |
other documents pursuant to the person's registration. | 315 |
(b) If regulations are adopted under division (B)(3) of this | 316 |
section, the board shall specify in the regulations a procedure | 317 |
for the review of the specific effects of a proposed new | 318 |
construction on existing surface or subsurface drainage. The | 319 |
procedure shall include at a minimum all of the following: | 320 |
(i) A meeting at which the proposed new construction shall be | 321 |
examined for those specific effects. The meeting shall be held | 322 |
within thirty days after an application for a building permit is | 323 |
filed or a review is requested unless the applicant agrees in | 324 |
writing to extend that time period or to postpone the meeting to | 325 |
another date, time, or place. The meeting shall be scheduled | 326 |
within five days after an application for a building permit is | 327 |
filed or a review is requested. | 328 |
(ii) Written notice of the date, time, and place of that | 329 |
meeting, sent by regular mail to the applicant. The written notice | 330 |
shall be mailed at least seven days before the scheduled meeting | 331 |
date. | 332 |
(iii) Completion of the review by the board of county | 333 |
commissioners not later than thirty days after the application for | 334 |
a building permit is filed or a review is requested unless the | 335 |
applicant has agreed in writing to extend that time period or | 336 |
postpone the meeting to a later time, in which case the review | 337 |
shall be completed not later than two days after the date of the | 338 |
meeting. A complete review shall include the issuance of any order | 339 |
of the board of county commissioners regarding necessary | 340 |
reasonable drainage mitigation and necessary reasonable | 341 |
alterations to the proposed new construction to prevent or correct | 342 |
any adverse effects on existing surface or subsurface drainage so | 343 |
long as those alterations comply with the state residential and | 344 |
nonresidential building codes adopted pursuant to section 3781.10 | 345 |
of the Revised Code. If the review is not completed within the | 346 |
thirty-day period or an extended or postponed period that the | 347 |
applicant has agreed to, the proposed new construction shall be | 348 |
deemed to have no adverse effects on existing surface or | 349 |
subsurface drainage, and those effects shall not be a valid basis | 350 |
for the denial of a building permit. | 351 |
(iv) A written statement, provided to the applicant at the | 352 |
meeting or in an order for alterations to a proposed new | 353 |
construction, informing the applicant of the right to seek | 354 |
appellate review of the denial of a building permit under division | 355 |
(B)(3)(b)(iii) of this section by filing a petition in accordance | 356 |
with Chapter 2506. of the Revised Code. | 357 |
(c) The regulations may authorize the board, after obtaining | 358 |
the advice of the county engineer, to enter into an agreement with | 359 |
the county engineer or another qualified person or entity to carry | 360 |
out any necessary inspections and make evaluations about what, if | 361 |
any, alterations are necessary to prevent or correct any adverse | 362 |
effects that a proposed new construction may have on existing | 363 |
surface or subsurface drainage. | 364 |
(d) Regulations adopted pursuant to division (B)(3) of this | 365 |
section shall not apply to any property that a platting authority | 366 |
has approved under section 711.05, 711.09, or 711.10 of the | 367 |
Revised Code and shall not govern the same subject matter as the | 368 |
state residential or nonresidential building codes adopted | 369 |
pursuant to section 3781.10 of the Revised Code. | 370 |
(e) As used in division (B)(3) of this section, "subsurface | 371 |
drainage" does not include a household sewage treatment system as | 372 |
defined in section 3709.091 of the Revised Code. | 373 |
(C)(1) Any regulation, code, or amendment may be adopted | 374 |
under this section only after a public hearing at not fewer than | 375 |
two regular or special sessions of the board. The board shall | 376 |
cause notice of any public hearing to be published in a newspaper | 377 |
of general circulation in the county once a week for the two | 378 |
consecutive weeks immediately preceding the hearing, except that | 379 |
if the board posts the hearing notice on the board's internet site | 380 |
on the world wide web, the board need publish only one notice of | 381 |
the hearing in a newspaper of general circulation if that | 382 |
newspaper notice includes the board's internet site and a | 383 |
statement that the notice is also posted on the internet site. Any | 384 |
notice of a public hearing shall include the time, date, and place | 385 |
of the hearing. | 386 |
(2) Any proposed regulation, code, or amendment shall be made | 387 |
available to the public at the board office. The regulations or | 388 |
amendments shall take effect on the thirty-first day following the | 389 |
date of their adoption. | 390 |
(D)(1) No person shall violate any regulation, code, or | 391 |
amendment the board adopts under sections 307.37 to 307.40 of the | 392 |
Revised Code. | 393 |
(2) Each day during which an illegal location, erection, | 394 |
construction, floodproofing, repair, alteration, development, | 395 |
redevelopment, or maintenance continues may be considered a | 396 |
separate offense. | 397 |
(E) Regulations or amendments the board adopts pursuant to | 398 |
this section, with the exception of an existing structures code, | 399 |
do not affect buildings or structures that exist or on which | 400 |
construction has begun on or before the date the board adopts the | 401 |
regulation or amendment. | 402 |
(F)(1) The board may create a building department and employ | 403 |
the personnel it determines necessary to administer and enforce | 404 |
any local residential building regulations or existing structures | 405 |
code the board adopts pursuant to this section. The building | 406 |
department may enforce the state residential and nonresidential | 407 |
building codes adopted pursuant to Chapter 3781. of the Revised | 408 |
Code if the building department is certified pursuant to section | 409 |
3781.10 of the Revised Code to enforce those codes. | 410 |
(2) The board may direct the building department, upon | 411 |
certification, to exercise enforcement authority and to accept and | 412 |
approve plans pursuant to sections 3781.03 and 3791.04 of the | 413 |
Revised Code for the class of building for which the department | 414 |
and personnel are certified. | 415 |
Sec. 519.14. The township board of zoning appeals may: | 416 |
(A) Hear and decide appeals where it is alleged there is | 417 |
error in any order, requirement, decision, or determination made | 418 |
by an administrative official in the enforcement of sections | 419 |
519.02 to 519.25 of the Revised Code, or of any resolution adopted | 420 |
pursuant thereto; | 421 |
(B) Authorize, upon appeal, in specific cases, such variance | 422 |
from the terms of the zoning resolution as will not be contrary to | 423 |
the public interest, where, owing to special conditions, a literal | 424 |
enforcement of the resolution will result in unnecessary hardship, | 425 |
and so that the spirit of the resolution shall be observed and | 426 |
substantial justice done; | 427 |
(C) Grant conditional zoning certificates for the use of | 428 |
land, buildings, or other structures if such certificates for | 429 |
specific uses are provided for in the zoning resolution. If the | 430 |
board considers conditional zoning certificates for activities | 431 |
that are permitted and regulated under Chapter 1514. of the | 432 |
Revised Code or activities that are related to making finished | 433 |
aggregate products, the board shall proceed in accordance with | 434 |
section 519.141 of the Revised Code. | 435 |
(D) Revoke an authorized variance or conditional zoning | 436 |
certificate granted for the extraction of minerals, if any | 437 |
condition of the variance or certificate is violated. | 438 |
The board shall notify the holder of the variance or | 439 |
certificate by certified mail of its intent to revoke the variance | 440 |
or certificate under division (D) of this section and of
| 441 |
holder's right to a hearing before the board, within thirty days | 442 |
of
the mailing of the notice, if | 443 |
holder requests a hearing, the board shall set a time and place | 444 |
for the hearing and notify the holder. At the hearing, the holder | 445 |
may
appear in person, by | 446 |
representative, or | 447 |
position in writing. | 448 |
examine witnesses appearing for or against | 449 |
hearing is requested, the board may revoke the variance or | 450 |
certificate without a hearing. The authority to revoke a variance | 451 |
or certificate is in addition to any other means of zoning | 452 |
enforcement provided by law. | 453 |
In exercising the above-mentioned powers, | 454 |
in conformity with such sections, reverse or affirm, wholly or | 455 |
partly, or may modify the order, requirement, decision, or | 456 |
determination appealed from, and may make such order, requirement, | 457 |
decision, or determination as ought to be made, and to that end | 458 |
has all powers of the officer from whom the appeal is taken. | 459 |
Sec. 519.141. (A) If a township board of zoning appeals | 460 |
considers conditional zoning certificates for activities that are | 461 |
permitted and regulated under Chapter 1514. of the Revised Code or | 462 |
activities that are related to making finished aggregate products, | 463 |
the board shall not consider or base its determination on matters | 464 |
that are regulated by any federal, state, or local agency. | 465 |
However, the board may require as a condition of the approval of a | 466 |
conditional zoning certificate for such an activity compliance | 467 |
with any general standards contained in the zoning resolution that | 468 |
apply to all conditional uses that are provided for in the zoning | 469 |
resolution and, except as provided in division (C) of this | 470 |
section, may require any specified measure, including, but not | 471 |
limited to, one or more of the following: | 472 |
(1) Inspections of nearby structures and water wells to | 473 |
determine structural integrity and water levels; | 474 |
(2) Compliance with applicable federal, state, and local laws | 475 |
and regulations; | 476 |
(3) Identification of specific roads in accordance with | 477 |
division (B) of section 303.141 of the Revised Code to be used as | 478 |
the primary means of ingress to and egress from the proposed | 479 |
activity; | 480 |
(4) Compliance with reasonable noise abatement measures; | 481 |
(5) Compliance with reasonable dust abatement measures; | 482 |
(6) Establishment of setbacks, berms, and buffers for the | 483 |
proposed activity; | 484 |
(7) Establishment of a complaint procedure; | 485 |
(8) Any other measure reasonably related to public health and | 486 |
safety. | 487 |
(B)(1) Prior to the submission of an application for a | 488 |
conditional zoning certificate, an applicant, in accordance with | 489 |
division (B) of section 303.141 of the Revised Code, shall send | 490 |
written notice to the county engineer of the applicant's intent to | 491 |
apply for a conditional zoning certificate. The county engineer | 492 |
and the applicable board of county commissioners shall proceed in | 493 |
accordance with divisions (B)(1) to (3) of section 303.141 of the | 494 |
Revised Code. As provided in division (B)(3) of that section, the | 495 |
applicant or an affected board of township trustees may submit | 496 |
written notice of appeal regarding a decision of the board of | 497 |
county commissioners under division (B)(2) of that section. | 498 |
(2) An applicant or a board of township trustees that | 499 |
submitted written notice of appeal under division (B)(3) of | 500 |
section 303.141 of the Revised Code may appeal a decision of a | 501 |
board of county commissioners under that division to the court of | 502 |
common pleas of the county in which the activity is proposed to be | 503 |
located or expanded pursuant to section 2506.01 of the Revised | 504 |
Code. | 505 |
(C) When granting a conditional zoning certificate, a | 506 |
township board of zoning appeals shall not require the | 507 |
identification of specific roads, as otherwise authorized in | 508 |
division (A)(3) of section 303.141 of the Revised Code, and the | 509 |
identification of specific roads in accordance with division (B) | 510 |
of that section shall not apply, for any of the following: | 511 |
(1) The transfer of unfinished aggregate material between | 512 |
facilities that are under the control of the same owner or | 513 |
operator; | 514 |
(2) The loading or unloading of finished aggregate product | 515 |
within a ten-mile radius of a surface mining operation; | 516 |
(3) The expansion of an existing surface mining operation | 517 |
when the specific road that is used as the primary means of | 518 |
ingress to and egress from the operation will be the same road | 519 |
that is used for that purpose after the expansion of the facility. | 520 |
(D) The identification of specific roads in accordance with | 521 |
this section and division (B) of section 303.141 of the Revised | 522 |
Code to be used as the primary means of ingress to and egress from | 523 |
a proposed activity becomes effective only upon the granting of a | 524 |
conditional zoning certificate. | 525 |
(E) As used in this section, "surface mining operation" has | 526 |
the same meaning as in section 1514.01 of the Revised Code. | 527 |
Sec. 1501.011. (A) The department of natural resources has | 528 |
the following powers in addition to its other powers: to prepare, | 529 |
or contract to be prepared, surveys, general and detailed plans, | 530 |
specifications, bills of materials, and estimates of cost for, to | 531 |
enter into contracts for, and to supervise the performance of | 532 |
labor, the furnishing of materials, or the construction, repair, | 533 |
or maintenance of any projects, improvements, or buildings, on | 534 |
lands and waters under the control of the department, as may be | 535 |
authorized by legislative appropriations or any other funds | 536 |
available therefor. | 537 |
(B) Except | 538 |
as provided in division (E) of this section, the director of | 539 |
natural resources shall publish notice in a newspaper of general | 540 |
circulation in the | 541 |
which bids are submitted is to | 542 |
newspapers that the director determines are appropriate, at least | 543 |
once each week for four consecutive weeks, the last publication to | 544 |
be at least eight days preceding the day for opening bids, seeking | 545 |
proposals on each contract for the performance of labor, the | 546 |
furnishing of materials, or the construction, repair, or | 547 |
maintenance of projects, improvements, or buildings, as necessary | 548 |
for compliance with provisions of the act to make appropriations | 549 |
for capital improvements or the act to make general | 550 |
appropriations, and | 551 |
trade journals as will afford adequate information to the public | 552 |
of the terms of the contract and the nature of the work to be | 553 |
performed, together with the time of the letting and place and | 554 |
manner of receiving proposals, and the places where plans and | 555 |
specifications are on file. A proposal is invalid and shall not be | 556 |
considered by the department unless the form for proposals | 557 |
specified by the department is used without change, alteration, or | 558 |
addition. | 559 |
(C) Each bidder for a contract for the performance of labor, | 560 |
the furnishing of materials, or the maintenance, construction, | 561 |
demolition, alteration, repair, or reconstruction of an | 562 |
improvement shall meet the requirements of section 153.54 of the | 563 |
Revised Code. The director may require each bidder to furnish
| 564 |
under oath, upon such printed forms as | 565 |
prescribe,
detailed information with respect to | 566 |
financial resources, equipment, past performance record, | 567 |
organization personnel, and experience, together with such other | 568 |
information as the director considers necessary. | 569 |
(D) The director shall award the contract to the lowest | 570 |
responsive and responsible bidder in accordance with section 9.312 | 571 |
of the Revised Code. The award shall be made within a reasonable | 572 |
time after the date on which the bids were opened, and the | 573 |
successful bidder shall enter into a contract within ten days from | 574 |
the date | 575 |
has been awarded | 576 |
that the director
considers necessary. | 577 |
578 | |
579 | |
580 | |
581 | |
preclude the rejection of any bid the acceptance of which is not | 582 |
in the best interests of the state. No contract shall be entered | 583 |
into until the bureau of workers' compensation has certified that | 584 |
the corporation, partnership, or person awarded the contract has | 585 |
complied with Chapter 4123. of the Revised Code and until, if the | 586 |
bidder awarded the contract is a foreign corporation, the | 587 |
secretary of state has certified that | 588 |
authorized to do business in this state, and until, if the bidder | 589 |
so awarded the contract is a person or partnership nonresident of | 590 |
this state, | 591 |
secretary of state a power of attorney designating the secretary | 592 |
of state as its agency for the purpose of accepting service of | 593 |
process. | 594 |
| 595 |
entering into a contract | 596 |
597 | |
the construction, repair, or maintenance of any projects, | 598 |
improvements, or buildings on lands and waters under the control | 599 |
of the department, both of the following apply: | 600 |
(1) The director is not required to advertise for and receive | 601 |
bids if the total estimated cost of | 602 |
than | 603 |
(2) The director is not required to advertise for bids, | 604 |
regardless of the cost of the contract, if the contract involves | 605 |
an exigency that concerns the public health, safety, or welfare or | 606 |
addresses an emergency situation in which timeliness is crucial in | 607 |
preventing the cost of the contract from increasing significantly. | 608 |
Regarding such a contract, the director may solicit bids by | 609 |
sending a letter to a minimum of three contractors in the region | 610 |
where the contract is to be let or by any other means that the | 611 |
director considers appropriate. | 612 |
(F) The director may insert in any contract awarded under | 613 |
this section a clause providing for value engineering change | 614 |
proposals, under which a contractor who has been awarded a | 615 |
contract may propose a change in the plans and specifications of | 616 |
the project that saves the department time or money on the project | 617 |
without impairing any of the essential functions and | 618 |
characteristics of the project such as service life, reliability, | 619 |
economy of operation, ease of maintenance, safety, and necessary | 620 |
standardized features. If the director adopts the value | 621 |
engineering proposal, the savings from the proposal shall be | 622 |
divided between the department and the contractor according to | 623 |
guidelines established by the director, provided that the | 624 |
contractor shall receive at least fifty per cent of the savings | 625 |
from the proposal. The adoption of a value engineering proposal | 626 |
does not invalidate the award of the contract or require the | 627 |
director to rebid the project. | 628 |
(G) When in the opinion of the department the work under any | 629 |
contract made under this section or any law of the state is | 630 |
neglected by the contractor, the work completed is deficient in | 631 |
quality or materials, or | 632 |
diligence and force specified or intended in the contract, the | 633 |
department may | 634 |
635 | |
636 | |
637 | |
638 | |
639 | |
640 | |
department, any additional labor and materials that are necessary | 641 |
to complete the improvements at the level of quality and within | 642 |
the time of performance specified in the contract. Procedures | 643 |
concerning such a requirement together with its format shall be | 644 |
specified in the contract. If the contractor fails to comply with | 645 |
646 | |
specified in the contract, the department may | 647 |
action to complete the work | 648 |
649 | |
650 | |
means, up to and including termination of the contract. | 651 |
(H) When an exigency occurs or there is immediate danger of | 652 |
an exigency that would materially impair the successful bidding, | 653 |
construction, or completion of a project, improvement, or | 654 |
building, the director may revise related plans and specifications | 655 |
as necessary to address the exigency through the issuance of an | 656 |
addendum prior to the opening of bids or, in accordance with | 657 |
procedures established in section 153.62 of the Revised Code, | 658 |
through the issuance of a change order after the contract has been | 659 |
awarded. | 660 |
Sec. 1501.02. The director of natural resources may enter | 661 |
into cooperative or contractual arrangements with the United | 662 |
States or any agency or department thereof, other states, other | 663 |
departments and subdivisions of this state, or any other person or | 664 |
body politic for the accomplishment of the purposes for which the | 665 |
department of natural resources was created. The director shall | 666 |
cooperate with, and not infringe upon the rights of, other state | 667 |
departments, divisions, boards, commissions, and agencies, | 668 |
political subdivisions, and other public officials and public and | 669 |
private agencies in the conduct of conservation plans and other | 670 |
matters in which the interests of the department of natural | 671 |
resources and the other departments and agencies overlap. | 672 |
The director, by mutual agreement, may utilize the facilities | 673 |
and staffs of state-supported educational institutions in order to | 674 |
promote the conservation and development of the natural resources | 675 |
of the state. | 676 |
All funds made available by the United States for the | 677 |
exclusive use of any division shall be expended only by that | 678 |
division and only for the purposes for which the funds were | 679 |
appropriated. In accepting any such funds for the acquisition of | 680 |
lands or interests in them to be used for open-space purposes | 681 |
including park, recreational, historical, or scenic purposes, or | 682 |
for conservation of land or other natural resources, the director | 683 |
may agree on behalf of the state that lands or interests in them | 684 |
acquired in part with those funds shall not be converted to other | 685 |
uses except pursuant to further agreement between the director and | 686 |
the United States. | 687 |
The director shall adopt rules in accordance with Chapter | 688 |
119. of the Revised Code establishing guidelines for entering into | 689 |
and may enter into a cooperative or contractual arrangement with | 690 |
any individual, agency, organization, or business entity to assist | 691 |
the department in funding a program or project of the department, | 692 |
its divisions, or its offices, through securing, without | 693 |
limitation, donations, sponsorships, marketing, advertising, and | 694 |
licensing arrangements. State moneys appropriated to the | 695 |
department shall continue to be used as authorized and shall not | 696 |
be redirected to any other purpose as a result of financial | 697 |
savings resulting from the department's entering into the | 698 |
cooperative or contractual arrangement. | 699 |
The director may enter into a mutual aid compact with the | 700 |
chief law enforcement officer of any federal agency, state agency, | 701 |
county, township, municipal corporation, or other political | 702 |
subdivision or with the superintendent of the state highway patrol | 703 |
to enable forest officers, preserve officers, park officers, and | 704 |
state watercraft officers and the law enforcement officers of the | 705 |
respective federal or state agencies or political subdivisions or | 706 |
the state highway patrol to assist each other in the provision of | 707 |
police services within each other's jurisdiction. | 708 |
Sec. 1501.07. The department of natural resources through | 709 |
the division of parks and recreation may plan, supervise, acquire, | 710 |
construct, enlarge, improve, erect, equip, and furnish public | 711 |
service facilities such as inns, lodges, hotels, | 712 |
camping sites, scenic trails, picnic sites, restaurants, | 713 |
commissaries, golf courses, boating and bathing facilities, and | 714 |
other similar facilities in state parks reasonably necessary and | 715 |
useful in promoting the public use of state parks under its | 716 |
control and may purchase lands or interests in lands in the name | 717 |
of the state necessary for | 718 |
The chief of the division of parks and recreation shall | 719 |
administer state parks, establish rules, fix fees and charges for | 720 |
admission to parks and for the use of public service facilities | 721 |
therein, establish rentals for the lease of lands or interests | 722 |
therein within a state park the chief is authorized by law to | 723 |
lease, and exercise all powers of the chief, in conformity with | 724 |
all covenants of the director of natural resources in or with | 725 |
respect to state park revenue bonds and trust agreements securing | 726 |
such bonds and all terms, provisions, and conditions of such bonds | 727 |
and trust agreements. In the administration of state parks with | 728 |
respect to which state park revenue bonds are issued and | 729 |
outstanding, or any part of the moneys received from fees and | 730 |
charges for admission to or the use of facilities, from rentals | 731 |
for the lease of lands or interests or facilities therein, or for | 732 |
the lease of public service facilities are pledged for any such | 733 |
bonds, the chief shall exercise the powers and perform the duties | 734 |
of the chief subject to the control and approval of the director. | 735 |
The acquisition of such lands or interests therein and facilities | 736 |
shall be planned with regard to the needs of the people of the | 737 |
state and with regard to the purposes and uses of such state parks | 738 |
and, except for facilities constructed in consideration of a lease | 739 |
under section 1501.012 of the Revised Code, shall be paid for from | 740 |
the state park fund created in section 1541.22 of the Revised Code | 741 |
or from the proceeds of the sale of bonds issued under sections | 742 |
1501.12 to 1501.15 of the Revised Code. Sections 125.81 and 153.04 | 743 |
of the Revised Code, insofar as they require a certification by | 744 |
the chief of the division of capital planning and improvement, do | 745 |
not apply to the acquisition of lands or interests therein and | 746 |
public service facilities to be paid for from the proceeds of | 747 |
bonds issued under sections 1501.12 to 1501.15 of the Revised | 748 |
Code. | 749 |
As used in sections 1501.07 to 1501.14 of the Revised Code, | 750 |
state parks are all of the following: | 751 |
(A) State reservoirs described and identified in section | 752 |
1541.06 of the Revised Code; | 753 |
(B) All lands or interests therein | 754 |
as state parks | 755 |
1541.083 of the Revised Code; | 756 |
(C) All lands or interests therein of the state identified as | 757 |
administered by the division of parks and recreation in the | 758 |
"inventory of state owned lands administered by department of | 759 |
natural resources as of June 1, 1963," as recorded in the journal | 760 |
of the director, which inventory was prepared by the real estate | 761 |
section of the department and is supported by maps on file in the | 762 |
division of real estate and land management; | 763 |
(D) All lands or interests in lands of the state hereafter | 764 |
designated as state parks in the journal of the director with the | 765 |
approval of the recreation and resources council. | 766 |
All such state parks shall be exclusively under the control | 767 |
and administration of the division of parks and recreation. With | 768 |
the approval of the council, the director by order may remove from | 769 |
the classification as state parks any of the lands or interests | 770 |
therein so classified by divisions (C) and (D) of this section, | 771 |
subject to the limitations, provisions, and conditions in any | 772 |
order authorizing state park revenue bonds or in any trust | 773 |
agreement securing such bonds. Lands or interests therein so | 774 |
removed shall be transferred to other divisions of the department | 775 |
for administration or may be sold as provided by law. Proceeds of | 776 |
any sale shall be used or transferred as provided in the order | 777 |
authorizing state park revenue bonds or in the trust agreement | 778 |
and, if no such provision is made, shall be transferred to the | 779 |
state park fund. State parks do not include any lands or interest | 780 |
in lands of the state administered jointly by two or more | 781 |
divisions of the department. The designation of lands as state | 782 |
parks under divisions (A) to (D) of this section shall be | 783 |
conclusive, and those lands shall be under the control of and | 784 |
administered by the division of parks and recreation. No order or | 785 |
proceeding designating lands as state parks or park purchase areas | 786 |
shall be subject to any appeal or review by any officer, board, | 787 |
commission, or court. | 788 |
Sec. 1501.23. The department of natural resources may | 789 |
utilize the services of volunteers to implement clean-up and | 790 |
beautification programs or any other programs that accomplish any | 791 |
of the purposes of the department. The director of natural | 792 |
resources shall approve all volunteer programs and may recruit, | 793 |
train, and supervise the services of community volunteers or | 794 |
volunteer groups for volunteer programs. In accordance with state | 795 |
guidelines, the director may reimburse volunteers for necessary | 796 |
and appropriate expenses, such as travel expenses, that they incur | 797 |
in the course of their volunteer service to the department. The | 798 |
director may designate volunteers in a volunteer program as state | 799 |
employees for the purpose of motor vehicle accident liability | 800 |
insurance under section 9.83 of the Revised Code, for the purpose | 801 |
of immunity under section 9.86 of the Revised Code, and for the | 802 |
purpose of indemnification from liability incurred in the | 803 |
performance of their duties under section 9.87 of the Revised | 804 |
Code. | 805 |
Sec. 1501.32. (A) No person shall divert more than one | 806 |
hundred thousand gallons per day of any waters of the state out of | 807 |
the Lake Erie or Ohio river drainage basins to another basin | 808 |
without having a permit to do so issued by the director of natural | 809 |
resources. An application for such a permit shall be filed with | 810 |
the director upon such forms as | 811 |
application shall state the quantity of water to be diverted, the | 812 |
purpose of the diversion, the life of the project for which the | 813 |
water is to be diverted, and such other information as the | 814 |
director may require by rule. Each application shall be | 815 |
accompanied by a nonrefundable fee of one thousand dollars, which | 816 |
shall be credited to the water management fund, which is hereby | 817 |
created. | 818 |
(B) The director shall not approve a permit application filed | 819 |
under this section if | 820 |
following | 821 |
(1) During the life of the project for which the water is to | 822 |
be diverted, some or all of the water to be diverted will be | 823 |
needed for use within the basin | 824 |
(2) The proposed diversion would endanger the public health, | 825 |
safety, or welfare | 826 |
(3) The applicant has not demonstrated that the proposed | 827 |
diversion is a reasonable and beneficial use and is necessary to | 828 |
serve the applicant's present and future needs | 829 |
(4) The applicant has not demonstrated that reasonable | 830 |
efforts have been made to develop and conserve water resources in | 831 |
the importing basin and that further development of those | 832 |
resources would engender overriding, adverse economic, social, or | 833 |
environmental impacts | 834 |
(5) The proposed diversion is inconsistent with regional or | 835 |
state water resources plans | 836 |
(6) The proposed diversion, alone or in combination with | 837 |
other diversions and water losses, will have a significant adverse | 838 |
impact on in-stream uses or on economic or ecological aspects of | 839 |
water levels. | 840 |
The director may hold public hearings upon any application | 841 |
for a permit. | 842 |
(C) Whenever the director receives an application under this | 843 |
section to divert water out of the Lake Erie drainage basin,
| 844 |
the director shall notify the governors and premiers of the other | 845 |
great lakes states and provinces, the appropriate water management | 846 |
agencies of those states and provinces, and, when appropriate, the | 847 |
international joint commission and shall solicit their comments | 848 |
and concerns regarding the application. In the event of an | 849 |
objection to the proposed diversion, the director shall consult | 850 |
with the affected great lakes states and provinces to consider the | 851 |
issues involved and seek mutually agreeable recommendations. | 852 |
Before rendering a decision on the permit application, the | 853 |
director shall consider the concerns, comments, and | 854 |
recommendations of the other great lakes states and provinces and | 855 |
the international joint commission, and, in accordance with | 856 |
section 1109 of the "Water Resources Development Act of 1986," 100 | 857 |
Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall not approve a | 858 |
permit application for any diversion to which that section | 859 |
pertains unless that diversion is approved by the governor of each | 860 |
great lakes state as defined in section 1109(c) of that act. | 861 |
(D) The director shall determine the period for which each | 862 |
permit approved under this section will be valid and specify the | 863 |
expiration date, but in no case shall a permit be valid beyond the | 864 |
life of the project as stated in the application. | 865 |
The director shall establish rules providing for the transfer | 866 |
of permits. A permit may be transferred on the conditions that the | 867 |
quantity of water diverted not be increased and that the purpose | 868 |
of the diversion not be changed. | 869 |
(E)(1) Within a time established by rule, the director shall | 870 |
do one of the following: | 871 |
(a) Notify the applicant that an application | 872 |
filed under this section is approved or denied and, if denied, the | 873 |
reason for denial; | 874 |
(b) Notify the applicant of any modification necessary to | 875 |
qualify the application for approval. | 876 |
(2) Any person who receives notice of a denial or | 877 |
modification under division (E)(1) of this section is entitled to | 878 |
a hearing under Chapter 119. of the Revised Code if the person | 879 |
sends a written request for a hearing to the director within | 880 |
thirty days after the date on which the notice is mailed or | 881 |
otherwise provided to the applicant. | 882 |
(F) The director shall revoke a permit under this section | 883 |
without a prior hearing if | 884 |
quantity of water being diverted exceeds the quantity stated in | 885 |
the permit application. | 886 |
The director may suspend a permit if | 887 |
determines that the continued diversion of water will endanger the | 888 |
public health, safety, or welfare. Before suspending a permit, the | 889 |
director shall make a reasonable attempt to notify the permittee | 890 |
that | 891 |
fails, notification shall be given as soon as practicable | 892 |
following the suspension. Within five days after the suspension, | 893 |
the director shall provide the permittee an opportunity to be | 894 |
heard and to present evidence that the continued diversion of | 895 |
water will not endanger the public health, safety, or welfare. | 896 |
If the director determines before the expiration date of a | 897 |
suspended permit that the diversion of water can be resumed | 898 |
without danger to the public health, safety, or welfare, | 899 |
director shall, upon request of the permittee, reinstate the | 900 |
permit. | 901 |
(G) Any six or more residents of this state may petition the | 902 |
director for an investigation of a withdrawal of water resources | 903 |
that they allege is in violation of a permit issued under this | 904 |
section. | 905 |
The petition shall identify the permittee and detail the | 906 |
reasons why the petitioners believe that grounds exist for the | 907 |
revocation or suspension of the permit under this section. | 908 |
Upon receipt of the petition, the director shall send a copy | 909 |
to the permittee and, within sixty days, make a determination | 910 |
whether grounds exist for revocation or suspension of the permit | 911 |
under this section. | 912 |
(H) Each permittee shall submit to the director an annual | 913 |
report containing such information as the director may require by | 914 |
rule. | 915 |
(I) The director shall issue a permit under division (A) of | 916 |
this section to any person who lawfully diverted more than one | 917 |
hundred thousand gallons per day of any waters of the state out of | 918 |
the Ohio river drainage basin during the calendar year ending | 919 |
October 14, 1984. A person who is eligible for a permit under this | 920 |
division shall file an application under division (A) of this | 921 |
section not later than one hundred eighty days after the effective | 922 |
date of this amendment. | 923 |
A person who applies for a permit under this division need | 924 |
not pay the application fee that is otherwise required under | 925 |
division (A) of this section. In addition, divisions (B) to (H) of | 926 |
this section and rules adopted under section 1501.31 of the | 927 |
Revised Code do not apply to an application that is filed or a | 928 |
permit that is issued under this division. | 929 |
Sec. 1501.45. (A) As used in this section: | 930 |
(1) "Forfeiture laws" means provisions that are established | 931 |
in Title XXIX of the Revised Code and that govern the forfeiture | 932 |
and disposition of certain property that is seized pursuant to a | 933 |
law enforcement investigation. | 934 |
(2) "Law enforcement division" means the division of | 935 |
forestry, the division of natural areas and preserves, the | 936 |
division of wildlife, the division of parks and recreation, or the | 937 |
division of watercraft in the department of natural resources. | 938 |
(3) "Law enforcement fund" means a fund created in this | 939 |
section. | 940 |
(B) Except as otherwise provided in this section and | 941 |
notwithstanding any provision of the Revised Code that is not in | 942 |
Title XV of the Revised Code to the contrary, the forfeiture laws | 943 |
apply to a law enforcement division that substantially conducts an | 944 |
investigation that results in the ordered forfeiture of property | 945 |
and also apply to the involved forfeiture of property, and the law | 946 |
enforcement division shall comply with those forfeiture laws. | 947 |
Accordingly, the portion of the forfeiture laws that authorizes | 948 |
certain proceeds from forfeited property to be distributed to the | 949 |
law enforcement agency that substantially conducted the | 950 |
investigation that resulted in the seizure of the subsequently | 951 |
forfeited property apply to the law enforcement divisions. If a | 952 |
law enforcement division is eligible to receive such proceeds, the | 953 |
proceeds shall be deposited into the state treasury to the credit | 954 |
of the applicable law enforcement fund. | 955 |
(C) There are hereby created in the state treasury the | 956 |
division of forestry law enforcement fund, the division of natural | 957 |
areas and preserves law enforcement fund, the division of wildlife | 958 |
law enforcement fund, the division of parks and recreation law | 959 |
enforcement fund, and the division of watercraft law enforcement | 960 |
fund. The funds shall consist of proceeds from forfeited property | 961 |
that are deposited in accordance with this section. The funds | 962 |
shall be used by the applicable law enforcement division for law | 963 |
enforcement purposes specified in the forfeiture laws; however, a | 964 |
law enforcement division shall not use such funds to pay the | 965 |
salaries of its employees or to provide for any other remuneration | 966 |
of personnel. | 967 |
(D) If the forfeiture laws conflict with any provisions that | 968 |
govern forfeitures and that are established in another section of | 969 |
Title XV of the Revised Code, the provisions established in the | 970 |
other section of Title XV apply. | 971 |
Sec. 1502.01. As used in this chapter: | 972 |
(A) "Litter" means garbage, trash, waste, rubbish, ashes, | 973 |
cans, bottles, wire, paper, cartons, boxes, automobile parts, | 974 |
furniture, glass, or anything else of an unsightly or unsanitary | 975 |
nature thrown, dropped, discarded, placed, or deposited by a | 976 |
person on public property, on private property not owned by the | 977 |
person, or in or on waters of the state unless one of the | 978 |
following applies: | 979 |
(1) The person has been directed to do so by a public | 980 |
official as part of a litter collection drive | 981 |
(2) The person has thrown, dropped, discarded, placed, or | 982 |
deposited the material in a receptacle in a manner that prevented | 983 |
its being carried away by the elements | 984 |
(3) The person has been issued a permit or license covering | 985 |
the material pursuant to Chapter 3734. or 6111. of the Revised | 986 |
Code. | 987 |
(B) "Recycling" means the process of collecting, sorting, | 988 |
cleansing, treating, and reconstituting waste or other discarded | 989 |
materials for the purpose of recovering and reusing the materials. | 990 |
(C) "Agency of the state" includes, but is not limited to, an | 991 |
"agency" subject to Chapter 119. of the Revised Code and a "state | 992 |
university or college" as defined in section 3345.12 of the | 993 |
Revised Code. | 994 |
(D) " | 995 |
the initial production of waste materials at their point of | 996 |
origin. | 997 |
(E) "Enterprise" means a business with its principal place of | 998 |
business in this state and that proposes to engage in research and | 999 |
development or recycling in this state. | 1000 |
(F) "Research and development" means inquiry, | 1001 |
experimentation, or demonstration to advance basic scientific or | 1002 |
technical knowledge or the application, adaptation, or use of | 1003 |
existing or newly discovered scientific or technical knowledge | 1004 |
regarding recycling, | 1005 |
(G) "Recyclables" means waste materials that are collected, | 1006 |
separated, or processed and used as raw materials or products. | 1007 |
(H) "Recycling market development" means activities that | 1008 |
stimulate the demand for recycled products, provide for a | 1009 |
consistent supply of recyclables to meet the needs of recycling | 1010 |
industries, or both. | 1011 |
(I) "Solid waste management districts" means solid waste | 1012 |
management districts established under Chapter 343. of the Revised | 1013 |
Code. | 1014 |
(J) "Synthetic rubber" means produced or extended rubber and | 1015 |
products made from a synthetic rubber base material originating | 1016 |
from petrochemical feedstocks, including scrap tires, tire molds, | 1017 |
automobile engine belts, brake pads and hoses, weather stripping, | 1018 |
fittings, electrical insulation, and other molded objects and | 1019 |
parts. | 1020 |
Sec. 1502.03. (A) The chief of the division of recycling and | 1021 |
litter prevention
shall establish and implement statewide | 1022 |
source reduction, recycling, recycling market development, and | 1023 |
litter prevention programs that include all of the following: | 1024 |
(1) The assessment of waste generation within the state and | 1025 |
implementation of
| 1026 |
(2) The implementation of recycling and recycling market | 1027 |
development activities and projects, including all of the | 1028 |
following: | 1029 |
(a) Collection of recyclables; | 1030 |
(b) Separation of recyclables; | 1031 |
(c) Processing of recyclables; | 1032 |
(d) Facilitation and encouragement of the use of recyclables | 1033 |
and products made with recyclables; | 1034 |
(e) Education and training concerning recycling and products | 1035 |
manufactured with recyclables; | 1036 |
(f) Public awareness campaigns to promote recycling; | 1037 |
(g) Other activities and projects that promote recycling and | 1038 |
recycling market development. | 1039 |
(3) Litter prevention assistance to enforce antilitter laws, | 1040 |
educate the public, and stimulate collection and containment of | 1041 |
litter; | 1042 |
(4) Research and development regarding | 1043 |
reduction, recycling, and litter prevention, including, without | 1044 |
limitation, research and development regarding materials or | 1045 |
products manufactured with recyclables. | 1046 |
(B) The chief, with the approval of the director of natural | 1047 |
resources, may enter into contracts or other agreements and may | 1048 |
execute any instruments necessary or incidental to the discharge | 1049 |
of the chief's responsibilities under this chapter. | 1050 |
Sec. 1502.12. (A) There is hereby created in the state | 1051 |
treasury the scrap tire grant fund, consisting of moneys | 1052 |
transferred to the fund under section 3734.82 of the Revised Code. | 1053 |
The chief of the division of recycling and litter prevention, with | 1054 |
the approval of the director of natural resources, may make grants | 1055 |
from the fund for the purpose of supporting market development | 1056 |
activities for scrap tires and synthetic rubber from tire | 1057 |
manufacturing processes and tire recycling processes. The grants | 1058 |
may be awarded to individuals, businesses, and entities certified | 1059 |
under division (A) of section 1502.04 of the Revised Code. | 1060 |
(B) Projects and activities that are eligible for grants | 1061 |
under this section shall be evaluated for funding using, at a | 1062 |
minimum, the following criteria: | 1063 |
(1) The degree to which a proposed project contributes to the | 1064 |
increased use of scrap tires generated in this state; | 1065 |
(2) The degree of local financial support for a proposed | 1066 |
project; | 1067 |
(3) The technical merit and quality of a proposed project. | 1068 |
Sec. 1504.02. (A) The division of real estate and land | 1069 |
management shall do all of the following: | 1070 |
(1) Except as otherwise provided in the Revised Code, | 1071 |
coordinate and conduct all real estate functions for the | 1072 |
department of natural resources, including at least acquisitions | 1073 |
by purchase, lease, gift, devise, bequest, appropriation, or | 1074 |
otherwise; grants through sales, leases, exchanges, easements, and | 1075 |
licenses; inventories of land; and other related general | 1076 |
management duties; | 1077 |
(2) Assist the department and its divisions by providing | 1078 |
department-wide planning, including at least master planning, | 1079 |
comprehensive planning, capital improvements planning, and special | 1080 |
purpose planning such as trails coordination and planning under | 1081 |
section 1519.03 of the Revised Code; | 1082 |
(3) On behalf of the director of natural resources, | 1083 |
administer the coastal management program established under | 1084 |
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised | 1085 |
Code and consult with and provide coordination among state | 1086 |
agencies, political subdivisions, the United States and agencies | 1087 |
of it, and interstate, regional, and areawide agencies to assist | 1088 |
the director in executing the director's duties and | 1089 |
responsibilities under that program and to assist the department | 1090 |
as the lead agency for the development and implementation of the | 1091 |
program; | 1092 |
(4) On behalf of the director, administer sections 1506.10 | 1093 |
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code; | 1094 |
(5) Cooperate with the United States and agencies of it and | 1095 |
with political subdivisions in administering federal recreation | 1096 |
moneys under the "Land and Water Conservation Fund Act of 1965," | 1097 |
78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare and | 1098 |
distribute the statewide comprehensive outdoor recreation plan; | 1099 |
and administer the state recreational vehicle fund created in | 1100 |
section 4519.11 of the Revised Code; | 1101 |
(6)(a) Support the geographic information system needs for | 1102 |
the department as requested by the director, which shall include, | 1103 |
but not be limited to, all of the following: | 1104 |
(i) Assisting in the training and education of department | 1105 |
resource managers, administrators, and other staff in the | 1106 |
application and use of geographic information system technology; | 1107 |
(ii) Providing technical support to the department in the | 1108 |
design, preparation of data, and use of appropriate geographic | 1109 |
information system applications in order to help solve resource | 1110 |
related problems and to improve the effectiveness and efficiency | 1111 |
of department delivered services; | 1112 |
(iii) Creating, maintaining, and documenting spatial digital | 1113 |
data bases for the division and for other divisions as assigned by | 1114 |
the director. | 1115 |
(b) Provide information to and otherwise assist government | 1116 |
officials, planners, and resource managers in understanding land | 1117 |
use planning and resource management; | 1118 |
(c) Provide continuing assistance to local government | 1119 |
officials and others in natural resource digital data base | 1120 |
development and in applying and utilizing the geographic | 1121 |
information system for land use planning, current agricultural use | 1122 |
value assessment, development reviews, coastal management, and | 1123 |
other resource management activities; | 1124 |
(d) Coordinate and administer the remote sensing needs of the | 1125 |
department, including the collection and analysis of aerial | 1126 |
photography, satellite data, and other data pertaining to land, | 1127 |
water, and other resources of the state; | 1128 |
(e) Prepare and publish maps and digital data relating to the | 1129 |
state's land use and land cover over time on a local, regional, | 1130 |
and statewide basis; | 1131 |
(f) Locate and distribute hard copy maps, digital data, | 1132 |
aerial photography, and other resource data and information to | 1133 |
government agencies and the public. | 1134 |
(7) Prepare special studies and execute any other duties, | 1135 |
functions, and responsibilities requested by the director. | 1136 |
(B) The division may do any of the following: | 1137 |
(1) Coordinate such environmental matters concerning the | 1138 |
department and the state as are necessary to comply with the | 1139 |
"National Environmental Policy Act of 1969," 83 Stat. 852, 42 | 1140 |
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act | 1141 |
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water | 1142 |
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, as | 1143 |
amended, and regulations adopted under those acts; | 1144 |
(2) | 1145 |
1146 | |
1147 | |
1148 | |
1149 | |
coordinate and administer compensatory mitigation grant programs | 1150 |
and other programs for streams and wetlands as approved in | 1151 |
accordance with certifications and permits issued under sections | 1152 |
401 and 404 of the "Federal Water Pollution Control Act", 91 Stat. | 1153 |
1566(1977), 33 U.S.C.A. 1251, as amended, by the environmental | 1154 |
protection agency and the United States army corps of engineers; | 1155 |
(3) Administer any state or federally funded grant program | 1156 |
that is related to natural resources and recreation as considered | 1157 |
necessary by the director. | 1158 |
Sec. 1506.04. (A) No later than | 1159 |
1160 | |
municipal corporation within whose jurisdiction is a coastal flood | 1161 |
hazard area shall either participate in and remain in compliance | 1162 |
with the national flood insurance program | 1163 |
1164 | |
1165 | |
governing the coastal flood hazard area that meet or exceed the | 1166 |
standards required for participation in the regular phase of the | 1167 |
national flood insurance program. | 1168 |
(B) If the director of natural resources determines at any | 1169 |
time that a county or municipal corporation that is participating | 1170 |
in the national flood insurance program | 1171 |
1172 | |
1173 | |
program or
those resolutions or ordinances, as applicable, | 1174 |
director shall so notify the legislative authority of the county | 1175 |
or municipal corporation and shall also notify the legislative | 1176 |
authority that
it may respond to | 1177 |
accordance with the procedure for doing so established by rules | 1178 |
adopted under section 1506.02 of the Revised Code. If after | 1179 |
considering the legislative authority's response the director | 1180 |
determines that the county or municipal corporation is still not | 1181 |
in compliance with the national flood insurance program or | 1182 |
resolutions or ordinances adopted under division (A) of this | 1183 |
section, as applicable, | 1184 |
general in writing to, and the attorney general shall, bring an | 1185 |
action for appropriate relief in a court of competent jurisdiction | 1186 |
against the county or municipal corporation. | 1187 |
(C) The attorney general, upon the written request of the | 1188 |
director, shall bring an action for appropriate relief in a court | 1189 |
of competent jurisdiction against any development that meets both | 1190 |
of the following criteria: | 1191 |
(1) Is located in a county or municipal corporation that is | 1192 |
not in compliance with division (A) of this section; | 1193 |
(2) Is not in compliance with the standards of the national | 1194 |
flood insurance program | 1195 |
1196 | |
1197 |
1198 | |
1199 | |
1200 | |
1201 | |
1202 |
(D) This section does not apply to any permits or approvals | 1203 |
issued by any state agency prior to the effective date of rules | 1204 |
adopted under section 1506.02 of the Revised Code for the | 1205 |
implementation of this section. | 1206 |
(E) As used in this section, "national flood insurance | 1207 |
program" and "development" have the same meanings as in section | 1208 |
1521.01 of the Revised Code. | 1209 |
Sec. 1507.01. There is hereby created in the department of | 1210 |
natural resources the division of engineering to be administered | 1211 |
by the chief engineer of the department, who shall be a | 1212 |
professional engineer registered under Chapter 4733. or a | 1213 |
professional architect certified under Chapter 4703. of the | 1214 |
Revised Code. The chief engineer shall do all of the following: | 1215 |
(A) Administer this chapter; | 1216 |
(B) Provide engineering, architectural, land surveying, and | 1217 |
related administrative and maintenance support services to the | 1218 |
other divisions in the department; | 1219 |
(C) Upon request of the director of natural resources, | 1220 |
implement the department's capital improvement program and | 1221 |
facility maintenance projects, including all associated | 1222 |
engineering, architectural, design, contracting, surveying, | 1223 |
inspection, and management responsibilities and requirements; | 1224 |
(D) With the approval of the director, act as contracting | 1225 |
officer in departmental engineering, architectural, surveying, and | 1226 |
construction matters regarding capital improvements except for | 1227 |
those matters otherwise specifically provided for in law; | 1228 |
(E) Provide engineering support for the coastal management | 1229 |
program established under Chapter 1506. of the Revised Code; | 1230 |
(F) Coordinate the department's roadway maintenance program | 1231 |
with the department of transportation pursuant to section 5511.05 | 1232 |
of the Revised Code and maintain the roadway inventory of the | 1233 |
department of natural resources; | 1234 |
(G) Coordinate the department's projects, programs, policies, | 1235 |
procedures, and activities with the United States army corps of | 1236 |
engineers; | 1237 |
(H) Subject to the approval of the director, employ | 1238 |
professional and technical assistants and such other employees as | 1239 |
are necessary for the performance of the activities required or | 1240 |
authorized under this chapter, other work of the division, and any | 1241 |
other work agreed to under working agreements or contractual | 1242 |
arrangements; prescribe their duties; and fix their compensation | 1243 |
in accordance with such schedules as are provided by law for the | 1244 |
compensation of state employees. | 1245 |
Sec. 1510.04. (A) Independent producers in this state may | 1246 |
present the technical advisory council with a petition signed by | 1247 |
the lesser of one hundred or ten per cent of all such producers | 1248 |
requesting that the council hold a referendum in accordance with | 1249 |
section 1510.05 of the Revised Code to establish a marketing | 1250 |
program for oil and natural gas or to amend an existing program. | 1251 |
(B) At the time of presentation of the petition to the | 1252 |
council under division (A) of this section, the petitioners also | 1253 |
shall present the proposed program or amendment, which shall | 1254 |
include all of the following: | 1255 |
(1) The rate of assessment to be made on the production of | 1256 |
oil and natural
gas in this state, which shall not exceed | 1257 |
five cents per each gross barrel of
oil and | 1258 |
per thousand cubic feet of natural gas; | 1259 |
(2) Terms, conditions, limitations, and other qualifications | 1260 |
for assessment; | 1261 |
(3) Procedures to refund the assessment. | 1262 |
(C) Before making a decision under this division to approve | 1263 |
or disapprove a proposed program or amendment, the council shall | 1264 |
publish in at least two appropriate periodicals designated by the | 1265 |
council a notice that the program or amendment has been proposed | 1266 |
and informing interested persons of the procedures for submitting | 1267 |
comments regarding the proposal. After publishing the notice, the | 1268 |
council shall provide interested persons with a copy of the | 1269 |
proposed program or amendment and an opportunity to comment on the | 1270 |
proposed program or amendment for thirty days after the | 1271 |
publication of the notice. The petitioners may make changes to the | 1272 |
proposed program or amendment based upon the comments received. | 1273 |
The council may make technical changes to the proposal to ensure | 1274 |
compliance with this chapter. Subsequent to any changes made by | 1275 |
the petitioners or any technical changes made by the council to a | 1276 |
proposed program or amendment, the council may approve or | 1277 |
disapprove the proposed program or amendment. | 1278 |
(D) If the council approves the proposed program or | 1279 |
amendment, with any changes made under division (C) of this | 1280 |
section, the council shall hold a referendum in accordance with | 1281 |
section 1510.05 of the Revised Code to establish a marketing | 1282 |
program for oil and natural gas or to amend an existing program. | 1283 |
Sec. 1511.021. (A) Any person who owns or operates | 1284 |
agricultural land or a concentrated animal feeding operation may | 1285 |
develop and operate under an operation and management plan | 1286 |
approved by the chief of the division of soil and water | 1287 |
conservation under section 1511.02 of the Revised Code or by the | 1288 |
supervisors of the local soil and water conservation district | 1289 |
under section 1515.08 of the Revised Code. | 1290 |
(B) Any person who wishes to make a complaint regarding | 1291 |
nuisances involving agricultural pollution may do so
| 1292 |
or by submitting a written, signed, and dated complaint to the | 1293 |
chief or to the chief's designee. After receiving an oral | 1294 |
complaint, the chief or the chief's designee may cause an | 1295 |
investigation to be conducted to determine whether agricultural | 1296 |
pollution has occurred or is imminent. After receiving a written, | 1297 |
signed, and dated complaint, the chief or the chief's designee | 1298 |
shall cause such an investigation to be conducted. | 1299 |
(C) In a private civil action for nuisances involving | 1300 |
agricultural pollution, it is an affirmative defense if the person | 1301 |
owning, operating, or otherwise responsible for agricultural land | 1302 |
or a concentrated animal feeding operation is operating under and | 1303 |
in substantial compliance with an approved operation and | 1304 |
management plan developed under division (A) of this section, with | 1305 |
an operation and management plan developed by the chief under | 1306 |
section 1511.02 of the Revised Code or by the supervisors of the | 1307 |
local soil and water conservation district under section 1515.08 | 1308 |
of the Revised Code, or with an operation and management plan | 1309 |
required by an order issued by the chief under division (G) of | 1310 |
section 1511.02 of the Revised Code. Nothing in this section is in | 1311 |
derogation of the authority granted to the chief in division (E) | 1312 |
of section 1511.02 and in section 1511.07 of the Revised Code. | 1313 |
Sec. 1513.01. As used in this chapter: | 1314 |
(A) "Approximate original contour" means that surface | 1315 |
configuration achieved by backfilling and grading of a mined area | 1316 |
so that the reclaimed area, including any terracing or access | 1317 |
roads, closely resembles the general surface configuration of the | 1318 |
land prior to mining and blends into and complements the drainage | 1319 |
pattern of the surrounding terrain, with all highwalls and spoil | 1320 |
piles eliminated; water impoundments may be permitted where the | 1321 |
chief of the division of mineral resources management determines | 1322 |
that they are in compliance with division (A)(8) of section | 1323 |
1513.16 of the Revised Code. | 1324 |
(B) "Coal mining and reclamation operations" means coal | 1325 |
mining operations and all activities necessary and incident to the | 1326 |
reclamation of such operations. | 1327 |
(C) "Degrees" means inclination from the horizontal. | 1328 |
(D) "Deposition of sediment" means placing or causing to be | 1329 |
placed in any waters of the state, in stream beds on or off the | 1330 |
land described in an application for a coal mining permit, or upon | 1331 |
other lands any organic or inorganic matter that settles or is | 1332 |
capable of settling to the bottom of the waters and onto the beds | 1333 |
or lands. | 1334 |
(E) "Imminent danger to the health and safety of the public" | 1335 |
means the existence of any condition or practice or violation of a | 1336 |
permit or other requirement of this chapter or rule adopted | 1337 |
thereunder in a coal mining and reclamation operation, which | 1338 |
condition, practice, or violation could reasonably be expected to | 1339 |
cause substantial physical harm to persons outside the permit area | 1340 |
before the condition, practice, or violation can be abated. A | 1341 |
reasonable expectation of death or serious injury before abatement | 1342 |
exists if a rational person subjected to the same conditions or | 1343 |
practices giving rise to the peril would not expose oneself to the | 1344 |
danger during the time necessary for abatement. | 1345 |
(F) "Lands eligible for remining" means those lands that | 1346 |
otherwise would be eligible for expenditures under division (C)(1) | 1347 |
of section 1513.37 of the Revised Code. | 1348 |
(G) "Mountain top removal" means a coal mining operation that | 1349 |
will remove an entire coal seam or seams running through the upper | 1350 |
fraction of a mountain, ridge, or hill by removing all of the | 1351 |
overburden and creating a level plateau with no highwalls | 1352 |
remaining instead of restoring to approximate original contour, | 1353 |
and is capable of supporting postmining uses in accordance with | 1354 |
the requirements established by the chief. | 1355 |
(H) "Operation" or "coal mining operation" means: | 1356 |
(1) Activities conducted on the surface of lands in | 1357 |
connection with a coal mine, the removal of coal from coal refuse | 1358 |
piles, and surface impacts incident to an underground coal mine. | 1359 |
Such activities include excavation for the purpose of obtaining | 1360 |
coal, including such common methods as contour, strip, auger, | 1361 |
mountaintop removal, box cut, open pit, and area mining; the use | 1362 |
of explosives and blasting; in situ distillation or retorting; | 1363 |
leaching or other chemical or physical processing; and the | 1364 |
cleaning, concentrating, or other processing or preparation of | 1365 |
coal. Such activities also include the loading of coal at or near | 1366 |
the mine site. Such activities do not include any of the | 1367 |
following: | 1368 |
(a) The extraction of coal incidental to the extraction of | 1369 |
other minerals if the weight of coal extracted is less than | 1370 |
one-sixth the total weight of minerals removed, including coal; | 1371 |
(b) The extraction of coal as an incidental part of federal, | 1372 |
state, or local highway or other government-financed construction | 1373 |
when approved by the chief; | 1374 |
(c) Coal exploration subject to section 1513.072 of the | 1375 |
Revised Code. | 1376 |
(2) The areas upon which such activities occur or where such | 1377 |
activities disturb the natural land surface. Such areas include | 1378 |
any adjacent land the use of which is incidental to any such | 1379 |
activities, all lands affected by the construction of new roads or | 1380 |
the improvement or use of existing roads to gain access to the | 1381 |
site of such activities, and for hauling, and excavation, | 1382 |
workings, impoundments, dams, ventilation shafts, entryways, | 1383 |
refuse banks, dumps, stockpiles, overburden piles, spoil banks, | 1384 |
culm banks, holes or depressions, repair areas, storage areas, | 1385 |
processing areas, shipping areas, and other areas upon which are | 1386 |
sited structures, facilities, or other property or materials on | 1387 |
the surface, resulting from or incident to such activities. | 1388 |
Separation by a stream, roadway, or utility easement does not | 1389 |
preclude two or more contiguous tracts of land from being | 1390 |
considered contiguous. | 1391 |
(I) "Operator" means any person conducting a coal mining | 1392 |
operation. | 1393 |
(J) "Overburden" means all of the earth and other materials, | 1394 |
except topsoil, covering a natural deposit of coal, and also means | 1395 |
such earth and other materials after removal from their natural | 1396 |
state in the process of coal mining. | 1397 |
(K) "Permit" means a permit to conduct coal mining and | 1398 |
reclamation operations issued by the chief pursuant to section | 1399 |
1513.07 or 1513.074 of the Revised Code. | 1400 |
(L) "Permit area" means the area of land to be affected | 1401 |
indicated on the approved map submitted by the operator with the | 1402 |
application required by section 1513.07 or 1513.074 of the Revised | 1403 |
Code. | 1404 |
(M) "Person" has the same meaning as in section 1.59 of the | 1405 |
Revised Code and also includes any political subdivision, | 1406 |
instrumentality, or agency of this state or the United States. | 1407 |
(N) "Pollution" means placing any sediments, solids, or | 1408 |
waterborne mining related wastes, including, but not limited to, | 1409 |
acids, metallic cations, or their salts, in excess of amounts | 1410 |
prescribed by the chief into any waters of the state or affecting | 1411 |
the properties of any waters of the state in a manner that renders | 1412 |
those waters harmful or inimical to the public health, or to | 1413 |
animal or aquatic life, or to the use of the waters for domestic | 1414 |
water supply, industrial or agricultural purposes, or recreation. | 1415 |
(O) "Prime farmland" has the same meaning as that previously | 1416 |
prescribed by the secretary of the United States department of | 1417 |
agriculture as published in the federal register on August 23, | 1418 |
1977, or subsequent revisions thereof, on the basis of such | 1419 |
factors as moisture availability, temperature regime, chemical | 1420 |
balance, permeability, surface layer composition, susceptibility | 1421 |
to flooding, and erosion characteristics and that historically has | 1422 |
been used for intensive agricultural purposes, and as published in | 1423 |
the rules adopted pursuant to this chapter. | 1424 |
(P) "Reclamation" means backfilling, grading, resoiling, | 1425 |
planting, and other work that has the effect of restoring an area | 1426 |
of land affected by coal mining so that it may be used for forest | 1427 |
growth, grazing, agricultural, recreational, and wildlife purpose, | 1428 |
or some other useful purpose of equal or greater value than | 1429 |
existed prior to any mining. | 1430 |
(Q) "Spoil bank" means a deposit of removed overburden. | 1431 |
(R) "Steep slope" means any slope above twenty degrees or | 1432 |
such lesser slope as may be defined by the chief after considering | 1433 |
soil, climate, and other characteristics of a region. | 1434 |
(S) "Strip mining" means those coal mining and reclamation | 1435 |
operations incident to the extraction of coal from the earth by | 1436 |
removing the materials over a coal seam, before recovering the | 1437 |
coal, by auger coal mining, or by recovery of coal from a deposit | 1438 |
that is not in its original geologic location. | 1439 |
(T) "Unwarranted failure to comply" means the failure of a | 1440 |
permittee to prevent the occurrence of any violation of any | 1441 |
requirement of this chapter due to indifference, lack of | 1442 |
diligence, or lack of reasonable care, or the failure to abate any | 1443 |
violation of the permit or this chapter due to indifference, lack | 1444 |
of diligence, or lack of reasonable care. | 1445 |
(U) "Waters of the state" means all streams, lakes, ponds, | 1446 |
marshes, watercourses, waterways, wells, springs, irrigation | 1447 |
systems, drainage systems, and other bodies or accumulations of | 1448 |
water, surface or underground, natural or artificial, regardless | 1449 |
of the depth of the strata in which underground water is located, | 1450 |
that are situated wholly or partly within, or border upon, this | 1451 |
state, or are within its jurisdiction. | 1452 |
(V) "Public roadway" means a road that is all of the | 1453 |
following: | 1454 |
(1) Designated as a public road in the jurisdiction within | 1455 |
which it is located; | 1456 |
(2) Constructed in a manner consistent with other public | 1457 |
roads within the jurisdiction within which it is located; | 1458 |
(3) Regularly maintained with public funds; | 1459 |
(4) Subject to and available for substantial use by the | 1460 |
public. | 1461 |
(W) "Performance security" means a form of financial | 1462 |
assurance, including, without limitation, a surety bond issued by | 1463 |
a surety licensed to do business in this state; an annuity; cash; | 1464 |
a negotiable certificate of deposit; an irrevocable letter of | 1465 |
credit that automatically renews; a negotiable bond of the United | 1466 |
States, this state, or a municipal corporation in this state; a | 1467 |
trust fund of which the state is named a conditional beneficiary; | 1468 |
or other form of financial guarantee or financial assurance that | 1469 |
is acceptable to the chief. | 1470 |
Sec. 1513.02. (A) The division of mineral resources | 1471 |
management shall administer, enforce, and implement this chapter. | 1472 |
The chief of the division of mineral resources management shall do | 1473 |
all of the following: | 1474 |
(1) Adopt, amend, and rescind rules: | 1475 |
(a) To administer and enforce this chapter; | 1476 |
(b) To implement the requirements of this chapter for the | 1477 |
reclamation of lands affected by coal mining, including such rules | 1478 |
governing mining practices and procedures, segregation and | 1479 |
placement of soil and topsoil, backfilling, grading, terracing, | 1480 |
resoiling, soil conditioning and reconditioning, planting, | 1481 |
establishment of drainage patterns, construction of impoundments, | 1482 |
and the construction, maintenance, and disposition of haul roads, | 1483 |
ditches, and dikes, as may be necessary or desirable, under | 1484 |
varying conditions of slope, drainage, physical and chemical | 1485 |
characteristics of soil and overburden, erodability of materials, | 1486 |
season, growth characteristics of plants, and other factors | 1487 |
affecting coal mining and reclamation, to facilitate the return of | 1488 |
the land to a condition required by this chapter; to prevent | 1489 |
pollution or substantial diminution of waters of the state, | 1490 |
substantial erosion, substantial deposition of sediment, | 1491 |
landslides, accumulation and discharge of acid water, and | 1492 |
flooding, both during mining and reclamation and thereafter; to | 1493 |
restore the recharge capacity of the mined area to approximate | 1494 |
premining conditions; and to ensure full compliance with all | 1495 |
requirements of this chapter relating to reclamation, and the | 1496 |
attainment of those objectives in the interest of the public | 1497 |
health, safety, and welfare to which these reclamation | 1498 |
requirements are directed; | 1499 |
(c) To meet the requirements of the "Surface Mining Control | 1500 |
and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 1201. | 1501 |
(2) Issue orders to enforce this chapter and rules adopted | 1502 |
under it; | 1503 |
(3) Adopt rules for the internal management of the division | 1504 |
that do not affect private rights; | 1505 |
(4) Adopt programs, rules, and procedures designed to assist | 1506 |
the coal operator in this state with the permitting process and | 1507 |
complying with the environmental standards of this chapter. Upon | 1508 |
request of the applicant for a permit, the chief shall make a | 1509 |
determination of the probable hydrologic consequences required in | 1510 |
division (B) | 1511 |
within sixty days after a permit has been submitted to the | 1512 |
division for those applications requesting the chief to perform | 1513 |
the study. The chief shall perform the chemical analysis of test | 1514 |
borings or core samplings for operators who have a total annual | 1515 |
production of coal at all locations that does not exceed one | 1516 |
hundred thousand tons. | 1517 |
(5) Adopt programs, rules, and procedures designed to ensure | 1518 |
that reclamation is performed on operations for which the | 1519 |
performance | 1520 |
1513.16 of the Revised Code; | 1521 |
(6) Receive, administer, and expend moneys obtained from the | 1522 |
United States department of the interior and other federal | 1523 |
agencies to implement the state's permanent coal regulatory | 1524 |
program; | 1525 |
(7)(a) Regulate the beneficial use of coal combustion | 1526 |
byproducts at coal mining and reclamation operations and abandoned | 1527 |
mine lands that are regulated under this chapter and rules adopted | 1528 |
under it. The beneficial use of coal combustion byproducts at such | 1529 |
coal mining and reclamation operations and abandoned mine lands is | 1530 |
subject to all applicable performance standards and requirements | 1531 |
established under this chapter and rules adopted under it, | 1532 |
including, without limitation, standards and requirements | 1533 |
established under section 1513.16 of the Revised Code and rules | 1534 |
adopted pursuant to it. | 1535 |
The beneficial use of coal combustion byproducts that is | 1536 |
authorized at coal mining and reclamation operations and abandoned | 1537 |
mine lands that are regulated under this chapter and rules adopted | 1538 |
under it is not subject to the following provisions of Chapters | 1539 |
3734. and 6111. of the Revised Code and rules adopted under those | 1540 |
provisions: | 1541 |
(i) Permit and license requirements for solid waste | 1542 |
facilities established under sections 3734.02 and 3734.05 of the | 1543 |
Revised Code; | 1544 |
(ii) The prohibition against the open dumping of solid wastes | 1545 |
established in section 3734.03 of the Revised Code; | 1546 |
(iii) Solid waste generation and disposal fees established | 1547 |
under sections 3734.57 to 3734.574 of the Revised Code; | 1548 |
(iv) Permit to install and plan approval requirements | 1549 |
established under sections 6111.03, 6111.44, and 6111.45 of the | 1550 |
Revised Code. | 1551 |
Nothing in division (A)(7) of this section shall be construed | 1552 |
to limit any other requirements that are applicable to the | 1553 |
beneficial use of coal combustion byproducts and that are | 1554 |
established under Chapter 3704., 3714., 3734., or 6111. of the | 1555 |
Revised Code or under local or federal laws, including, without | 1556 |
limitation, requirements governing air pollution control permits, | 1557 |
hazardous waste, national pollutant discharge elimination system | 1558 |
permits, and section 401 water quality certifications. | 1559 |
(b) As used in division (A)(7) of this section: | 1560 |
(i) "Coal combustion byproducts" means fly ash, bottom ash, | 1561 |
coal slag, flue gas desulphurization and fluidized bed combustion | 1562 |
byproducts, air or water pollution control residues from the | 1563 |
operation of a coal-fired electric or steam generation facility, | 1564 |
and any material from a clean coal technology demonstration | 1565 |
project or other innovative process at a coal-fired electric or | 1566 |
steam generation facility. | 1567 |
(ii) "Beneficial use" means the use of coal combustion | 1568 |
byproducts in a manner that is not equivalent to the establishment | 1569 |
of a disposal system or a solid waste disposal facility and that | 1570 |
is unlikely to affect human health or safety or the environment | 1571 |
adversely or to degrade the existing quality of the land, air, or | 1572 |
water. "Beneficial use" includes, without limitation, land | 1573 |
application uses for agronomic value; land reclamation uses; and | 1574 |
discrete, controlled uses for structural fill, pavement aggregate, | 1575 |
pipe bedding aggregate, mine sealing, alternative drainage or | 1576 |
capping material, and pilot demonstration projects. | 1577 |
(iii) "Structural fill" means the discrete, controlled use of | 1578 |
a coal combustion byproduct as a substitute for a conventional | 1579 |
aggregate, raw material, or soil under or immediately adjacent to | 1580 |
a building or structure. "Structural fill" does not include uses | 1581 |
that involve general filling or grading operations or valley | 1582 |
fills. | 1583 |
(iv) "Pavement aggregate" means the discrete, controlled use | 1584 |
of a coal combustion byproduct as a subbase material or drainage | 1585 |
layer under or immediately adjacent to a paved road or a paved | 1586 |
parking lot where the coal combustion byproduct is a substitute | 1587 |
for a conventional aggregate, raw material, or soil. | 1588 |
(v) "Pipe bedding aggregate" means the discrete, controlled | 1589 |
use of a coal combustion byproduct as a substitute for a | 1590 |
conventional aggregate, raw material, or soil under, around, or | 1591 |
immediately adjacent to a water, sewer, or other pipeline. | 1592 |
(vi) "Coal-fired electric or steam generation facility" | 1593 |
includes any boiler that is fired with coal or with coal in | 1594 |
combination with petroleum coke, oil, natural gas, or any other | 1595 |
fossil fuel. | 1596 |
(vii) "Solid waste disposal facility" means a facility for | 1597 |
the disposal of solid wastes as provided in Chapter 3734. of the | 1598 |
Revised Code and rules adopted under it. | 1599 |
(viii) "Disposal system" has the same meaning as in section | 1600 |
6111.01 of the Revised Code. | 1601 |
(8) Establish programs and adopt rules and procedures | 1602 |
governing terms, limitations, and conditions for the use of diesel | 1603 |
equipment in an underground coal mine. | 1604 |
(B) The chief, by rule, may designate as unsuitable for coal | 1605 |
mining natural areas maintained on the registry of natural areas | 1606 |
of the department of natural resources pursuant to Chapter 1517. | 1607 |
of the Revised Code, wild, scenic, or recreational river areas | 1608 |
designated pursuant to that chapter, publicly owned or dedicated | 1609 |
parks, and other areas of unique and irreplaceable natural beauty | 1610 |
or condition, or areas within specified distances of a public | 1611 |
road, occupied dwelling, public building, school, church, | 1612 |
community, or institutional building, public park, or cemetery. | 1613 |
Such a designation may include land adjacent to the perimeters of | 1614 |
those areas that may be necessary to protect their integrity. | 1615 |
(C)(1) The adoption, amendment, and rescission of rules under | 1616 |
divisions (A)(1), (4), (5), and , (8), (B) , and (J) of this | 1617 |
section are subject to Chapter 119. of the Revised Code. | 1618 |
(2) The issuance of orders under division (A)(2) of this | 1619 |
section and appeals therefrom are not governed by or subject to | 1620 |
Chapter 119. of the Revised Code, but are governed by this | 1621 |
chapter. | 1622 |
(D)(1) When the chief or an authorized representative of the | 1623 |
chief determines that any condition or practice exists or that any | 1624 |
permittee is in violation of any requirement of this chapter or | 1625 |
any permit condition required by this chapter, which condition, | 1626 |
practice, or violation creates an imminent danger to the health or | 1627 |
safety of the public or is causing, or can reasonably be expected | 1628 |
to cause, significant, imminent environmental harm to land, air, | 1629 |
or water resources, the chief or the authorized representative | 1630 |
immediately shall order the cessation of coal mining and | 1631 |
reclamation operations or the portion thereof relevant to the | 1632 |
condition, practice, or violation. The cessation order shall | 1633 |
remain in effect until the chief or the authorized representative | 1634 |
determines that the condition, practice, or violation has been | 1635 |
abated or until the order is modified, vacated, or terminated by | 1636 |
the chief or the authorized representative pursuant to division | 1637 |
(D)(4) of this section or by the reclamation commission pursuant | 1638 |
to section 1513.13 of the Revised Code. When the chief or the | 1639 |
authorized representative finds that the ordered cessation of coal | 1640 |
mining and reclamation operations or any portion thereof will not | 1641 |
completely abate the imminent danger to the health or safety of | 1642 |
the public or the significant, imminent environmental harm to | 1643 |
land, air, or water resources, the chief or the authorized | 1644 |
representative, in addition to the cessation order, shall order | 1645 |
the operator to take whatever steps the chief or the authorized | 1646 |
representative considers necessary to abate the imminent danger or | 1647 |
the significant environmental harm. | 1648 |
(2) When the chief or an authorized representative of the | 1649 |
chief determines that any person is in violation of any | 1650 |
requirement of this chapter or any permit condition required by | 1651 |
this chapter, but the violation does not create an imminent danger | 1652 |
to the health or safety of the public or cannot reasonably be | 1653 |
expected to cause significant, imminent environmental harm to | 1654 |
land, air, or water resources, the chief or the authorized | 1655 |
representative shall issue a notice of violation to the person or | 1656 |
the person's agent fixing a reasonable time for the abatement of | 1657 |
the violation, provided that the time afforded a person to abate | 1658 |
the violation shall not exceed the time limitations prescribed by | 1659 |
the secretary of the interior in 30 C.F.R. Part 843 for an | 1660 |
approvable state regulatory program under the "Surface Mining | 1661 |
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. | 1662 |
1201. | 1663 |
If, upon expiration of the period of time as originally fixed | 1664 |
or subsequently extended for good cause shown and upon the written | 1665 |
finding of the chief or the authorized representative, the chief | 1666 |
or the authorized representative finds that the violation has not | 1667 |
been abated, the chief or the authorized representative | 1668 |
immediately shall order the cessation of coal mining and | 1669 |
reclamation operations or the portion thereof relevant to the | 1670 |
violation. The cessation order shall remain in effect until the | 1671 |
chief or the authorized representative determines that the | 1672 |
violation has been abated or until the order is modified, vacated, | 1673 |
or terminated by the chief or the authorized representative | 1674 |
pursuant to division (D)(4) of this section or by the reclamation | 1675 |
commission pursuant to section 1513.13 of the Revised Code. In a | 1676 |
cessation order issued under division (D)(2) of this section, the | 1677 |
chief or the authorized representative shall prescribe the steps | 1678 |
necessary to abate the violation in the most expeditious manner | 1679 |
possible. | 1680 |
(3) When in the judgment of the chief or an authorized | 1681 |
representative of the chief a pattern of violations of any | 1682 |
requirements of this chapter or any permit conditions required by | 1683 |
this chapter exists or has existed and the violations are caused | 1684 |
by the unwarranted failure of the permittee to comply with any | 1685 |
requirements of this chapter or any permit conditions or are | 1686 |
willfully caused by the permittee, the chief or the authorized | 1687 |
representative immediately shall issue an order to the permittee | 1688 |
to show cause why the permit should not be suspended or revoked. | 1689 |
If a hearing is requested, the chief shall inform all interested | 1690 |
parties of the time and place of the hearing and conduct the | 1691 |
hearing pursuant to division (D) of section 1513.13 of the Revised | 1692 |
Code. Upon the permittee's failure to show cause why the permit | 1693 |
should not be suspended or revoked, the chief or the authorized | 1694 |
representative immediately shall suspend or revoke the permit. | 1695 |
(4) Notices of violation and orders issued pursuant to this | 1696 |
section shall set forth with reasonable specificity the nature of | 1697 |
the violation and the remedial action required, the period of time | 1698 |
established for abatement, and a reasonable description of the | 1699 |
portion of the coal mining and reclamation operation to which the | 1700 |
notice or order applies. Each notice or order issued under this | 1701 |
section shall be given promptly to the alleged violator or the | 1702 |
agent of the alleged violator by the chief or an authorized | 1703 |
representative of the chief who issues the notice or order. | 1704 |
Notices and orders shall be in writing and shall be signed by the | 1705 |
chief or the authorized representative and may be modified, | 1706 |
vacated, or terminated by the chief or the authorized | 1707 |
representative. Any notice or order issued pursuant to this | 1708 |
section that requires cessation of mining by the operator shall | 1709 |
expire within thirty days after actual notice to the operator | 1710 |
unless a public hearing pursuant to section 1513.13 of the Revised | 1711 |
Code is held at the site or within such reasonable proximity to | 1712 |
the site that any viewings of the site can be conducted during the | 1713 |
course of the public hearing. | 1714 |
(E)(1) A person who violates a permit condition or any other | 1715 |
provision of this chapter may be assessed a civil penalty by the | 1716 |
chief, except that if the violation leads to the issuance of a | 1717 |
cessation order under division (D) of this section, the civil | 1718 |
penalty shall be assessed for each day until the person initiates | 1719 |
the necessary corrective steps. The penalty shall not exceed five | 1720 |
thousand dollars for each violation. Each day of continuing | 1721 |
violation may be deemed a separate violation for purposes of | 1722 |
penalty assessments. In determining the amount of the penalty, | 1723 |
consideration shall be given to the person's history of previous | 1724 |
violation at the particular coal mining operation; the seriousness | 1725 |
of the violation, including any irreparable harm to the | 1726 |
environment and any hazard to the health or safety of the public; | 1727 |
whether the person was negligent; and the demonstrated diligence | 1728 |
of the person charged in attempting to achieve rapid compliance | 1729 |
after notification of the violation. | 1730 |
(2) A civil penalty shall be assessed by the chief only after | 1731 |
the person charged with a violation under division (E)(1) of this | 1732 |
section has been given an opportunity for a public hearing. If a | 1733 |
person charged with such a violation fails to avail oneself of the | 1734 |
opportunity for a public hearing, a civil penalty shall be | 1735 |
assessed by the chief after the chief has determined that a | 1736 |
violation did occur, and the amount of the penalty that is | 1737 |
warranted, and has issued an order requiring that the penalty be | 1738 |
paid. | 1739 |
(3) Upon the issuance of a notice or order charging that a | 1740 |
violation of this chapter has occurred, the chief shall inform the | 1741 |
operator within thirty days of the proposed amount of the penalty | 1742 |
and provide opportunity for an adjudicatory hearing pursuant to | 1743 |
section 1513.13 of the Revised Code. The person charged with the | 1744 |
penalty then shall have thirty days to pay the proposed penalty in | 1745 |
full or, if the person wishes to contest either the amount of the | 1746 |
penalty or the fact of the violation, file a petition for review | 1747 |
of the proposed assessment with the secretary of the reclamation | 1748 |
commission pursuant to section 1513.13 of the Revised Code. If, | 1749 |
after the hearing, the commission affirms or modifies the proposed | 1750 |
amount of the penalty, the person charged with the penalty then | 1751 |
shall have thirty days after receipt of the written decision to | 1752 |
pay the amount in full or file an appeal with the court of appeals | 1753 |
in accordance with section 1513.14 of the Revised Code. At the | 1754 |
time the petition for review of the proposed assessment is filed | 1755 |
with the secretary, the person shall forward the amount of the | 1756 |
penalty to the secretary for placement in the reclamation penalty | 1757 |
fund, which is hereby created. The fund shall be in the custody of | 1758 |
the treasurer of state, but shall not be a part of the state | 1759 |
treasury. Pursuant to administrative or judicial review of the | 1760 |
penalty, the secretary, within thirty days, shall remit the | 1761 |
appropriate amount of the penalty to the person, with interest, if | 1762 |
it is determined that no violation occurred or that the amount of | 1763 |
the penalty should be reduced, and the secretary shall forward the | 1764 |
balance of the penalty or, if the penalty was not reduced, the | 1765 |
entire amount of the penalty, with interest, to the chief for | 1766 |
deposit in the | 1767 |
forfeiture fund created in section | 1768 |
Code. Failure to forward the money to the secretary within thirty | 1769 |
days after the chief informs the operator of the proposed amount | 1770 |
of the penalty shall result in a waiver of all legal rights to | 1771 |
contest the violation or the amount of the penalty. Within fifteen | 1772 |
days after being informed of the penalty, the person charged with | 1773 |
the penalty may request in writing an informal assessment | 1774 |
conference to review the amount of the penalty. The conference | 1775 |
shall be presided over by the chief or an individual appointed by | 1776 |
the chief other than the inspector that issued the notice of | 1777 |
violation or order upon which the penalty is based. The chief | 1778 |
shall adopt rules governing procedures to be followed in informal | 1779 |
conferences. Time allowed for payment of the penalty or appeal to | 1780 |
the commission shall be tolled while the penalty is being reviewed | 1781 |
in an informal conference. | 1782 |
(4) An operator who fails to correct a violation for which a | 1783 |
notice of violation or order has been issued under division (D) of | 1784 |
this section within the period permitted for its correction shall | 1785 |
be assessed a civil penalty of not less than seven hundred fifty | 1786 |
dollars for each day during which the failure or violation | 1787 |
continues. However, a civil penalty shall not be assessed under | 1788 |
division (E)(4) of this section if the commission orders the | 1789 |
suspension of the abatement requirement after determining, based | 1790 |
upon the findings of an expedited hearing held under section | 1791 |
1513.13 of the Revised Code at the request of the operator, that | 1792 |
the operator will suffer irreparable loss or damage from the | 1793 |
application of the abatement requirement or if the court orders | 1794 |
suspension of the abatement requirement pursuant to review | 1795 |
proceedings held under section 1513.14 of the Revised Code at the | 1796 |
request of the operator. | 1797 |
(F) The chief may enter into a cooperative agreement with the | 1798 |
secretary of the interior to provide for state regulation of coal | 1799 |
mining and reclamation operations on federal lands within the | 1800 |
state. | 1801 |
(G) The chief may prohibit augering if necessary to maximize | 1802 |
the utilization, recoverability, or conservation of the solid fuel | 1803 |
resources or to protect against adverse water quality impacts. | 1804 |
(H) The chief shall transmit copies of all schedules | 1805 |
submitted under section 1513.07 of the Revised Code pertaining to | 1806 |
violations of air or water quality laws and rules adopted and | 1807 |
orders issued under those laws in connection with coal mining | 1808 |
operations to the director of environmental protection for | 1809 |
verification. | 1810 |
(I) For the purposes of sections 1513.18, 1513.24, 1513.37, | 1811 |
and 1514.06 of the Revised Code, the chief triennially shall | 1812 |
determine the average wage rate for companies performing | 1813 |
reclamation work for the division under those sections by | 1814 |
averaging the wage rate paid by all companies performing such | 1815 |
reclamation work during the three years immediately preceding the | 1816 |
determination. However, in making the initial determination under | 1817 |
this division, the chief shall average the wage rate paid by all | 1818 |
companies performing such reclamation work during the ten years | 1819 |
immediately preceding October 29, 1995. | 1820 |
(J) If this state becomes covered by a state programmatic | 1821 |
general permit issued by the United States army corps of engineers | 1822 |
for the discharge of dredged or fill material into the waters of | 1823 |
the United States by operations that conduct surface and | 1824 |
underground coal mining and reclamation operations and the | 1825 |
restoration of abandoned mine lands, the chief may establish | 1826 |
programs and adopt rules and procedures designed to implement the | 1827 |
terms, limitations, and conditions of the permit. The purpose of | 1828 |
the programs, rules, and procedures shall be to enable the state | 1829 |
to reduce or eliminate duplicative state and federal project | 1830 |
evaluation, simplify the regulatory approval process, provide | 1831 |
environmental protection for aquatic resources that is equivalent | 1832 |
to federal protection, and satisfy the requirements of the United | 1833 |
States army corps of engineers regulatory program under which the | 1834 |
permit is issued and that is established under section 404 of the | 1835 |
"Federal Water Pollution Control Act," 86 Stat. 48 (1972), 33 | 1836 |
U.S.C. 1344, as amended by the "Clean Water Act of 1977," 91 Stat. | 1837 |
1600, 33 U.S.C. 1344; section 10 of the "Rivers and Harbors Act of | 1838 |
1899," 30 Stat. 1151, 33 U.S.C. 403; and section 103 of the | 1839 |
"Marine Protection, Research, and Sanctuaries Act of 1972," 86 | 1840 |
Stat. 1055, 33 U.S.C. 1413. | 1841 |
Sec. 1513.07. (A)(1) No operator shall conduct a coal mining | 1842 |
operation without a permit for the operation issued by the chief | 1843 |
of the division of mineral resources management. | 1844 |
(2) All permits issued pursuant to this chapter shall be | 1845 |
issued for a term not to exceed five years, except that, if the | 1846 |
applicant demonstrates that a specified longer term is reasonably | 1847 |
needed to allow the applicant to obtain necessary financing for | 1848 |
equipment and the opening of the operation and if the application | 1849 |
is full and complete for the specified longer term, the chief may | 1850 |
grant a permit for the longer term. A successor in interest to a | 1851 |
permittee who applies for a new permit within thirty days after | 1852 |
succeeding to the interest and who is able to obtain the | 1853 |
1854 | |
continue coal mining and reclamation operations according to the | 1855 |
approved mining and reclamation plan of the original permittee | 1856 |
until the successor's application is granted or denied. | 1857 |
(3) A permit shall terminate if the permittee has not | 1858 |
commenced the coal mining operations covered by the permit within | 1859 |
three years after the issuance of the permit, except that the | 1860 |
chief may grant reasonable extensions of the time upon a showing | 1861 |
that the extensions are necessary by reason of litigation | 1862 |
precluding the commencement or threatening substantial economic | 1863 |
loss to the permittee or by reason of conditions beyond the | 1864 |
control and without the fault or negligence of the permittee, and | 1865 |
except that with respect to coal to be mined for use in a | 1866 |
synthetic fuel facility or specified major electric generating | 1867 |
facility, the permittee shall be deemed to have commenced coal | 1868 |
mining operations at the time construction of the synthetic fuel | 1869 |
or generating facility is initiated. | 1870 |
(4)(a) Any permit issued pursuant to this chapter shall carry | 1871 |
with it the right of successive renewal upon expiration with | 1872 |
respect to areas within the boundaries of the permit. The holders | 1873 |
of the permit may apply for renewal and the renewal shall be | 1874 |
issued unless the chief determines by written findings, subsequent | 1875 |
to fulfillment of the public notice requirements of this section | 1876 |
and section 1513.071 of the Revised Code through demonstrations by | 1877 |
opponents of renewal or otherwise, that one or more of the | 1878 |
following circumstances exists: | 1879 |
(i) The terms and conditions of the existing permit are not | 1880 |
being satisfactorily met | 1881 |
(ii) The present coal mining and reclamation operation is not | 1882 |
in compliance with the environmental protection standards of this | 1883 |
chapter | 1884 |
(iii) The renewal requested substantially jeopardizes the | 1885 |
operator's continuing responsibilities on existing permit areas | 1886 |
(iv) The applicant has not provided evidence that the | 1887 |
performance | 1888 |
continue in
effect for any renewal requested in the application | 1889 |
(v) Any additional, revised, or updated information required | 1890 |
by the chief has not been provided. Prior to the approval of any | 1891 |
renewal of a permit, the chief shall provide notice to the | 1892 |
appropriate public authorities as prescribed by rule of the chief. | 1893 |
(b) If an application for renewal of a valid permit includes | 1894 |
a proposal to extend the mining operation beyond the boundaries | 1895 |
authorized in the existing permit, the portion of the application | 1896 |
for renewal of a valid permit that addresses any new land areas | 1897 |
shall be subject to the full standards applicable to new | 1898 |
applications under this chapter. | 1899 |
(c) A permit renewal shall be for a term not to exceed the | 1900 |
period of the original permit established by this chapter. | 1901 |
Application for permit renewal shall be made at least one hundred | 1902 |
twenty days prior to the expiration of the valid permit. | 1903 |
(5) A permit issued pursuant to this chapter does not | 1904 |
eliminate the requirements for obtaining a permit to install or | 1905 |
modify a disposal system or any part thereof or to discharge | 1906 |
sewage, industrial waste, or other wastes into the waters of the | 1907 |
state in accordance with Chapter 6111. of the Revised Code. | 1908 |
(B)(1) | 1909 |
1910 | |
1911 | |
1912 | |
1913 | |
1914 | |
1915 |
| 1916 |
satisfactory to the chief and shall contain, among other things, | 1917 |
all of the following: | 1918 |
(a) The names and addresses of all of the following: | 1919 |
(i) The permit applicant; | 1920 |
(ii) Every legal owner of record of the property, surface and | 1921 |
mineral, to be mined; | 1922 |
(iii) The holders of record of any leasehold interest in the | 1923 |
property; | 1924 |
(iv) Any purchaser of record of the property under a real | 1925 |
estate contract; | 1926 |
(v) The operator if different from the applicant; | 1927 |
(vi) If any of these are business entities other than a | 1928 |
single proprietor, the names and addresses of the principals, | 1929 |
officers, and statutory agent for service of process. | 1930 |
(b) The names and addresses of the owners of record of all | 1931 |
surface and subsurface areas adjacent to any part of the permit | 1932 |
area; | 1933 |
(c) A statement of any current or previous coal mining | 1934 |
permits in the United States held by the applicant, the permit | 1935 |
identification, and any pending applications; | 1936 |
(d) If the applicant is a partnership, corporation, | 1937 |
association, or other business entity, the following where | 1938 |
applicable: the names and addresses of every officer, partner, | 1939 |
director, or person performing a function similar to a director, | 1940 |
of the applicant, the name and address of any person owning, of | 1941 |
record, ten per cent or more of any class of voting stock of the | 1942 |
applicant, a list of all names under which the applicant, partner, | 1943 |
or principal shareholder previously operated a coal mining | 1944 |
operation within the United States within the five-year period | 1945 |
preceding the date of submission of the application, and a list of | 1946 |
the person or persons primarily responsible for ensuring that the | 1947 |
applicant complies with the requirements of this chapter and rules | 1948 |
adopted pursuant thereto while mining and reclaiming under the | 1949 |
permit; | 1950 |
(e) A statement of whether the applicant, any subsidiary, | 1951 |
affiliate, or persons controlled by or under common control with | 1952 |
the applicant, any partner if the applicant is a partnership, any | 1953 |
officer, principal shareholder, or director if the applicant is a | 1954 |
corporation, or any other person who has a right to control or in | 1955 |
fact controls the management of the applicant or the selection of | 1956 |
officers, directors, or managers of the applicant: | 1957 |
(i) Has ever held a federal or state coal mining permit that | 1958 |
in the five-year period prior to the date of submission of the | 1959 |
application has been suspended or revoked or has had a coal mining | 1960 |
bond, performance security, or similar security deposited in lieu | 1961 |
of bond forfeited and, if so, a brief explanation of the facts | 1962 |
involved; | 1963 |
(ii) Has been an officer, partner, director, principal | 1964 |
shareholder, or person having the right to control or has in fact | 1965 |
controlled the management of or the selection of officers, | 1966 |
directors, or managers of a business entity that has had a coal | 1967 |
mining or surface mining permit that in the five-year period prior | 1968 |
to the date of submission of the application has been suspended or | 1969 |
revoked or has had a coal mining or surface mining bond, | 1970 |
performance security, or similar security deposited in lieu of | 1971 |
bond forfeited and, if so, a brief explanation of the facts | 1972 |
involved. | 1973 |
(f) A copy of the applicant's advertisement to be published | 1974 |
in a newspaper of general circulation in the locality of the | 1975 |
proposed site at least once a week for four successive weeks, | 1976 |
which shall include the ownership of the proposed mine, a | 1977 |
description of the exact location and boundaries of the proposed | 1978 |
site sufficient to make the proposed operation readily | 1979 |
identifiable by local residents, and the location where the | 1980 |
application is available for public inspection; | 1981 |
(g) A description of the type and method of coal mining | 1982 |
operation that exists or is proposed, the engineering techniques | 1983 |
proposed or used, and the equipment used or proposed to be used; | 1984 |
(h) The anticipated or actual starting and termination dates | 1985 |
of each phase of the mining operation and number of acres of land | 1986 |
to be affected; | 1987 |
(i) An accurate map or plan, to an appropriate scale, clearly | 1988 |
showing the land to be affected and the land upon which the | 1989 |
applicant has the legal right to enter and commence coal mining | 1990 |
operations, copies of those documents upon which is based the | 1991 |
applicant's legal right to enter and commence coal mining | 1992 |
operations, and a statement whether that right is the subject of | 1993 |
pending litigation. This chapter does not authorize the chief to | 1994 |
adjudicate property title disputes. | 1995 |
(j) The name of the watershed and location of the surface | 1996 |
stream or tributary into which drainage from the operation will be | 1997 |
discharged; | 1998 |
(k) A determination of the probable hydrologic consequences | 1999 |
of the mining and reclamation operations, both on and off the mine | 2000 |
site, with respect to the hydrologic regime, providing information | 2001 |
on the quantity and quality of water in surface and ground water | 2002 |
systems including the dissolved and suspended solids under | 2003 |
seasonal flow conditions and the collection of sufficient data for | 2004 |
the mine site and surrounding areas so that an assessment can be | 2005 |
made by the chief of the probable cumulative impacts of all | 2006 |
anticipated mining in the area upon the hydrology of the area and | 2007 |
particularly upon water availability, but this determination shall | 2008 |
not be required until hydrologic information of the general area | 2009 |
prior to mining is made available from an appropriate federal or | 2010 |
state agency; however, the permit shall not be approved until the | 2011 |
information is available and is incorporated into the application; | 2012 |
(l) When requested by the chief, the climatological factors | 2013 |
that are peculiar to the locality of the land to be affected, | 2014 |
including the average seasonal precipitation, the average | 2015 |
direction and velocity of prevailing winds, and the seasonal | 2016 |
temperature ranges; | 2017 |
(m) Accurate maps prepared by or under the direction of and | 2018 |
certified by a qualified registered professional engineer, | 2019 |
registered surveyor, or licensed landscape architect to an | 2020 |
appropriate scale clearly showing all types of information set | 2021 |
forth on topographical maps of the United States geological survey | 2022 |
of a scale of not more than four hundred feet to the inch, | 2023 |
including all artificial features and significant known | 2024 |
archeological sites. The map, among other things specified by the | 2025 |
chief, shall show all boundaries of the land to be affected, the | 2026 |
boundary lines and names of present owners of record of all | 2027 |
surface areas abutting the permit area, and the location of all | 2028 |
buildings within one thousand feet of the permit area. | 2029 |
(n)(i) Cross-section maps or plans of the land to be affected | 2030 |
including the actual area to be mined, prepared by or under the | 2031 |
direction of and certified by a qualified registered professional | 2032 |
engineer or certified professional geologist with assistance from | 2033 |
experts in related fields such as hydrology, hydrogeology, | 2034 |
geology, and landscape architecture, showing pertinent elevations | 2035 |
and locations of test borings or core samplings and depicting the | 2036 |
following information: the nature and depth of the various strata | 2037 |
of overburden; the nature and thickness of any coal or rider seam | 2038 |
above the coal seam to be mined; the nature of the stratum | 2039 |
immediately beneath the coal seam to be mined; all mineral crop | 2040 |
lines and the strike and dip of the coal to be mined within the | 2041 |
area to be affected; existing or previous coal mining limits; the | 2042 |
location and extent of known workings of any underground mines, | 2043 |
including mine openings to the surface; the location of spoil, | 2044 |
waste, or refuse areas and topsoil preservation areas; the | 2045 |
location of all impoundments for waste or erosion control; any | 2046 |
settling or water treatment facility; constructed or natural | 2047 |
drainways and the location of any discharges to any surface body | 2048 |
of water on the land to be affected or adjacent thereto; profiles | 2049 |
at appropriate cross sections of the anticipated final surface | 2050 |
configuration that will be achieved pursuant to the operator's | 2051 |
proposed reclamation plan; the location of subsurface water, if | 2052 |
encountered; the location and quality of aquifers; and the | 2053 |
estimated elevation of the water table. Registered surveyors shall | 2054 |
be allowed to perform all plans, maps, and certifications under | 2055 |
this chapter as they are authorized under Chapter 4733. of the | 2056 |
Revised Code. | 2057 |
(ii) A statement of the quality and locations of subsurface | 2058 |
water. The chief shall provide by rule the number of locations to | 2059 |
be sampled, frequency of collection, and parameters to be analyzed | 2060 |
to obtain the statement required. | 2061 |
(o) A statement of the results of test borings or core | 2062 |
samplings from the permit area, including logs of the drill holes, | 2063 |
the thickness of the coal seam found, an analysis of the chemical | 2064 |
properties of the coal, the sulfur content of any coal seam, | 2065 |
chemical analysis of potentially acid or toxic forming sections of | 2066 |
the overburden, and chemical analysis of the stratum lying | 2067 |
immediately underneath the coal to be mined, except that this | 2068 |
division may be waived by the chief with respect to the specific | 2069 |
application by a written determination that its requirements are | 2070 |
unnecessary | 2071 |
permit area indicate the existence of potentially acid forming or | 2072 |
toxic forming quantities of sulfur in the coal or overburden to be | 2073 |
disturbed by mining, the application also shall include a | 2074 |
statement of the acid generating potential and the acid | 2075 |
neutralizing potential of the rock strata to be disturbed as | 2076 |
calculated in accordance with the calculation method established | 2077 |
under section 1513.075 of the Revised Code or with another | 2078 |
calculation method. | 2079 |
(p) For those lands in the permit application that a | 2080 |
reconnaissance inspection suggests may be prime farmlands, a soil | 2081 |
survey shall be made or obtained according to standards | 2082 |
established by the secretary of the United States department of | 2083 |
agriculture in order to confirm the exact location of the prime | 2084 |
farmlands, if any; | 2085 |
(q) A certificate issued by an insurance company authorized | 2086 |
to do business in this state certifying that the applicant has a | 2087 |
public liability insurance policy in force for the coal mining and | 2088 |
reclamation operations for which the permit is sought or evidence | 2089 |
that the applicant has satisfied other state self-insurance | 2090 |
requirements. The policy shall provide for personal injury and | 2091 |
property damage protection in an amount adequate to compensate any | 2092 |
persons damaged as a result of coal mining and reclamation | 2093 |
operations, including the use of explosives, and entitled to | 2094 |
compensation under the applicable provisions of state law. The | 2095 |
policy shall be maintained in effect during the term of the permit | 2096 |
or any renewal, including the length of all reclamation | 2097 |
operations. The insurance company shall give prompt notice to the | 2098 |
permittee and the chief if the public liability insurance policy | 2099 |
lapses for any reason including the nonpayment of insurance | 2100 |
premiums. Upon the lapse of the policy, the chief may suspend the | 2101 |
permit and all other outstanding permits until proper insurance | 2102 |
coverage is obtained. | 2103 |
(r) The business telephone number of the applicant; | 2104 |
(s) If the applicant seeks an authorization under division | 2105 |
(E)(7) of this section to conduct coal mining and reclamation | 2106 |
operations on areas to be covered by the permit that were affected | 2107 |
by coal mining operations before August 3, 1977, that have | 2108 |
resulted in continuing water pollution from or on the previously | 2109 |
mined areas, such additional information pertaining to those | 2110 |
previously mined areas as may be required by the chief, including, | 2111 |
without limitation, maps, plans, cross sections, data necessary to | 2112 |
determine existing water quality from or on those areas with | 2113 |
respect to pH, iron, and manganese, and a pollution abatement plan | 2114 |
that may improve water quality from or on those areas with respect | 2115 |
to pH, iron, and manganese. | 2116 |
| 2117 |
core samplings, or soil samples as required by this section shall | 2118 |
be made available by the chief to any person with an interest that | 2119 |
is or may be adversely affected, except that information that | 2120 |
pertains only to the analysis of the chemical and physical | 2121 |
properties of the coal, excluding information regarding mineral or | 2122 |
elemental content that is potentially toxic in the environment, | 2123 |
shall be kept confidential and not made a matter of public record. | 2124 |
| 2125 |
production at all locations of any operator will not exceed three | 2126 |
hundred thousand tons, the following activities, upon the written | 2127 |
request of the operator in connection with a permit application, | 2128 |
shall be performed by a qualified public or private laboratory or | 2129 |
another public or private qualified entity designated by the | 2130 |
chief, and the cost of the activities shall be assumed by the | 2131 |
chief, provided that sufficient moneys for such assistance are | 2132 |
available: | 2133 |
(i) The determination of probable hydrologic consequences | 2134 |
required under
division (B) | 2135 |
(ii) The development of cross-section maps and plans required | 2136 |
under division
(B) | 2137 |
(iii) The geologic drilling and statement of results of test | 2138 |
borings and core
samplings required under division (B) | 2139 |
this section; | 2140 |
(iv) The collection of archaeological information required | 2141 |
under division
(B) | 2142 |
archaeological and historical information required by the chief, | 2143 |
and the preparation of plans necessitated thereby; | 2144 |
(v) Pre-blast surveys required under division (E) of section | 2145 |
1513.161 of the Revised Code; | 2146 |
(vi) The collection of site-specific resource information and | 2147 |
production of protection and enhancement plans for fish and | 2148 |
wildlife habitats and other environmental values required by the | 2149 |
chief under this chapter. | 2150 |
(b) A coal operator that has received assistance under | 2151 |
division (B) | 2152 |
for the cost of the services rendered if the chief finds that the | 2153 |
operator's actual and attributed annual production of coal for all | 2154 |
locations exceeds three hundred thousand tons during the twelve | 2155 |
months immediately following the date on which the operator was | 2156 |
issued a coal mining and reclamation permit. | 2157 |
| 2158 |
as part of the permit application a reclamation plan that meets | 2159 |
the requirements of this chapter. | 2160 |
| 2161 |
permit shall file a copy of the application for a permit, | 2162 |
excluding that information pertaining to the coal seam itself, for | 2163 |
public inspection with the county recorder or an appropriate | 2164 |
public office approved by the chief in the county where the mining | 2165 |
is proposed to occur. | 2166 |
| 2167 |
permit shall submit to the chief as part of the permit application | 2168 |
a blasting plan that describes the procedures and standards by | 2169 |
which the operator will comply with section 1513.161 of the | 2170 |
Revised Code. | 2171 |
(C) Each reclamation plan submitted as part of a permit | 2172 |
application shall include, in the detail necessary to demonstrate | 2173 |
that reclamation required by this chapter can be accomplished, a | 2174 |
statement of: | 2175 |
(1) The identification of the lands subject to coal mining | 2176 |
operations over the estimated life of those operations and the | 2177 |
size, sequence, and timing of the subareas for which it is | 2178 |
anticipated that individual permits for mining will be sought; | 2179 |
(2) The condition of the land to be covered by the permit | 2180 |
prior to any mining including all of the following: | 2181 |
(a) The uses existing at the time of the application and, if | 2182 |
the land has a history of previous mining, the uses that preceded | 2183 |
any mining; | 2184 |
(b) The capability of the land prior to any mining to support | 2185 |
a variety of uses, giving consideration to soil and foundation | 2186 |
characteristics, topography, and vegetative cover and, if | 2187 |
applicable, a soil survey prepared pursuant to division | 2188 |
(B) | 2189 |
(c) The productivity of the land prior to mining, including | 2190 |
appropriate classification as prime farmlands as well as the | 2191 |
average yield of food, fiber, forage, or wood products obtained | 2192 |
from the land under high levels of management. | 2193 |
(3) The use that is proposed to be made of the land following | 2194 |
reclamation, including information regarding the utility and | 2195 |
capacity of the reclaimed land to support a variety of alternative | 2196 |
uses, the relationship of the proposed use to existing land use | 2197 |
policies and plans, and the comments of any owner of the land and | 2198 |
state and local governments or agencies thereof that would have to | 2199 |
initiate, implement, approve, or authorize the proposed use of the | 2200 |
land following reclamation; | 2201 |
(4) A detailed description of how the proposed postmining | 2202 |
land use is to be achieved and the necessary support activities | 2203 |
that may be needed to achieve the proposed land use; | 2204 |
(5) The engineering techniques proposed to be used in mining | 2205 |
and reclamation and a description of the major equipment; a plan | 2206 |
for the control of surface water drainage and of water | 2207 |
accumulation; a plan, where appropriate, for backfilling, soil | 2208 |
stabilization, and compacting, grading, and appropriate | 2209 |
revegetation; a plan for soil reconstruction, replacement, and | 2210 |
stabilization, pursuant to the performance standards in section | 2211 |
1513.16 of the Revised Code, for those food, forage, and forest | 2212 |
lands identified in that section; and an estimate of the cost per | 2213 |
acre of the reclamation, including a statement as to how the | 2214 |
permittee plans to comply with each of the requirements set out in | 2215 |
section 1513.16 of the Revised Code; | 2216 |
(6) A description of the means by which the utilization and | 2217 |
conservation of the solid fuel resource being recovered will be | 2218 |
maximized so that reaffecting the land in the future can be | 2219 |
minimized; | 2220 |
(7) A detailed estimated timetable for the accomplishment of | 2221 |
each major step in the reclamation plan; | 2222 |
(8) A description of the degree to which the coal mining and | 2223 |
reclamation operations are consistent with surface owner plans and | 2224 |
applicable state and local land use plans and programs; | 2225 |
(9) The steps to be taken to comply with applicable air and | 2226 |
water quality laws and regulations and any applicable health and | 2227 |
safety standards; | 2228 |
(10) A description of the degree to which the reclamation | 2229 |
plan is consistent with local physical, environmental, and | 2230 |
climatological conditions; | 2231 |
(11) A description of all lands, interests in lands, or | 2232 |
options on such interests held by the applicant or pending bids on | 2233 |
interests in lands by the applicant, which lands are contiguous to | 2234 |
the area to be covered by the permit; | 2235 |
(12) The results of test borings that the applicant has made | 2236 |
at the area to be covered by the permit, or other equivalent | 2237 |
information and data in a form satisfactory to the chief, | 2238 |
including the location of subsurface water, and an analysis of the | 2239 |
chemical properties, including acid forming properties of the | 2240 |
mineral and overburden; except that information that pertains only | 2241 |
to the analysis of the chemical and physical properties of the | 2242 |
coal, excluding information regarding mineral or elemental | 2243 |
contents that are potentially toxic in the environment, shall be | 2244 |
kept confidential and not made a matter of public record; | 2245 |
(13) A detailed description of the measures to be taken | 2246 |
during the mining and reclamation process to ensure the protection | 2247 |
of all of the following: | 2248 |
(a) The quality of surface and ground water systems, both on- | 2249 |
and off-site, from adverse effects of the mining and reclamation | 2250 |
process; | 2251 |
(b) The rights of present users to such water; | 2252 |
(c) The quantity of surface and ground water systems, both | 2253 |
on- and off-site, from adverse effects of the mining and | 2254 |
reclamation process or, where such protection of quantity cannot | 2255 |
be assured, provision of alternative sources of water. | 2256 |
(14) Any other requirements the chief prescribes by rule. | 2257 |
(D)(1) Any information required by division (C) of this | 2258 |
section that is not on public file pursuant to this chapter shall | 2259 |
be held in confidence by the chief. | 2260 |
(2) With regard to requests for an exemption from the | 2261 |
requirements of this chapter for coal extraction incidental to the | 2262 |
extraction of other minerals, as described in division (H)(1)(a) | 2263 |
of section 1513.01 of the Revised Code, confidential information | 2264 |
includes and is limited to information concerning trade secrets or | 2265 |
privileged commercial or financial information relating to the | 2266 |
competitive rights of the persons intending to conduct the | 2267 |
extraction of minerals. | 2268 |
(E)(1) Upon the basis of a complete mining application and | 2269 |
reclamation plan or a revision or renewal thereof, as required by | 2270 |
this chapter, and information obtained as a result of public | 2271 |
notification and public hearing, if any, as provided by section | 2272 |
1513.071 of the Revised Code, the chief shall grant, require | 2273 |
modification of, or deny the application for a permit in a | 2274 |
reasonable time set by the chief and notify the applicant in | 2275 |
writing. The applicant for a permit or revision of a permit has | 2276 |
the burden of establishing that the application is in compliance | 2277 |
with all the requirements of this chapter. Within ten days after | 2278 |
the granting of a permit, the chief shall notify the boards of | 2279 |
township trustees and county commissioners, the mayor, and the | 2280 |
legislative authority in the township, county, and municipal | 2281 |
corporation in which the area of land to be affected is located | 2282 |
that a permit has been issued and shall describe the location of | 2283 |
the land. However, failure of the chief to notify the local | 2284 |
officials shall not affect the status of the permit. | 2285 |
(2) No permit application or application for revision of an | 2286 |
existing permit shall be approved unless the application | 2287 |
affirmatively demonstrates and the chief finds in writing on the | 2288 |
basis of the information set forth in the application or from | 2289 |
information otherwise available, which shall be documented in the | 2290 |
approval and made available to the applicant, all of the | 2291 |
following: | 2292 |
(a) The application is accurate and complete and all the | 2293 |
requirements of this chapter have been complied with. | 2294 |
(b) The applicant has demonstrated that the reclamation | 2295 |
required by this chapter can be accomplished under the reclamation | 2296 |
plan contained in the application. | 2297 |
(c)(i) Assessment of the probable cumulative impact of all | 2298 |
anticipated mining in the general and adjacent area on the | 2299 |
hydrologic balance specified in division (B) | 2300 |
section has been made by the chief, and the proposed operation has | 2301 |
been designed to prevent material damage to hydrologic balance | 2302 |
outside the permit area. | 2303 |
(ii) There shall be an ongoing process conducted by the chief | 2304 |
in cooperation with other state and federal agencies to review all | 2305 |
assessments of probable cumulative impact of coal mining in light | 2306 |
of post-mining data and any other hydrologic information as it | 2307 |
becomes available to determine if the assessments were realistic. | 2308 |
The chief shall take appropriate action as indicated in the review | 2309 |
process. | 2310 |
(d) The area proposed to be mined is not included within an | 2311 |
area designated unsuitable for coal mining pursuant to section | 2312 |
1513.073 of the Revised Code or is not within an area under study | 2313 |
for such designation in an administrative proceeding commenced | 2314 |
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the | 2315 |
Revised Code unless in an area as to which an administrative | 2316 |
proceeding has commenced pursuant to division (A)(3)(c) or (B) of | 2317 |
section 1513.073 of the Revised Code, the operator making the | 2318 |
permit application demonstrates that, prior to January 1, 1977, | 2319 |
the operator made substantial legal and financial commitments in | 2320 |
relation to the operation for which a permit is sought. | 2321 |
(e) In cases where the private mineral estate has been | 2322 |
severed from the private surface estate, the applicant has | 2323 |
submitted to the chief one of the following: | 2324 |
(i) The written consent of the surface owner to the | 2325 |
extraction of coal by strip mining methods; | 2326 |
(ii) A conveyance that expressly grants or reserves the right | 2327 |
to extract the coal by strip mining methods; | 2328 |
(iii) If the conveyance does not expressly grant the right to | 2329 |
extract coal by strip mining methods, the surface-subsurface legal | 2330 |
relationship shall be determined under the law of this state. This | 2331 |
chapter does not authorize the chief to adjudicate property rights | 2332 |
disputes. | 2333 |
(3)(a) The applicant shall file with the permit application a | 2334 |
schedule listing all notices of violations of any law, rule, or | 2335 |
regulation of the United States or of any department or agency | 2336 |
thereof or of any state pertaining to air or water environmental | 2337 |
protection incurred by the applicant in connection with any coal | 2338 |
mining operation during the three-year period prior to the date of | 2339 |
application. The schedule also shall indicate the final resolution | 2340 |
of such a notice of violation. Upon receipt of an application, the | 2341 |
chief shall provide a schedule listing all notices of violations | 2342 |
of this chapter pertaining to air or water environmental | 2343 |
protection incurred by the applicant during the three-year period | 2344 |
prior to receipt of the application and the final resolution of | 2345 |
all such notices of violation. The chief shall provide this | 2346 |
schedule to the applicant for filing by the applicant with the | 2347 |
application filed for public review, as required by division | 2348 |
(B) | 2349 |
available to the chief indicates that any coal mining operation | 2350 |
owned or controlled by the applicant is currently in violation of | 2351 |
such laws, the permit shall not be issued until the applicant | 2352 |
submits proof that the violation has been corrected or is in the | 2353 |
process of being corrected to the satisfaction of the regulatory | 2354 |
authority, department, or agency that has jurisdiction over the | 2355 |
violation and that any civil penalties owed to the state for a | 2356 |
violation and not the subject of an appeal have been paid. No | 2357 |
permit shall be issued to an applicant after a finding by the | 2358 |
chief that the applicant or the operator specified in the | 2359 |
application controls or has controlled mining operations with a | 2360 |
demonstrated pattern of willful violations of this chapter of a | 2361 |
nature and duration to result in irreparable damage to the | 2362 |
environment as to indicate an intent not to comply with or a | 2363 |
disregard of this chapter. | 2364 |
(b) For the purposes of division (E)(3)(a) of this section, | 2365 |
any violation resulting from an unanticipated event or condition | 2366 |
at a surface coal mining operation on lands eligible for remining | 2367 |
under a permit held by the person submitting an application for a | 2368 |
coal mining permit under this section shall not prevent issuance | 2369 |
of that permit. As used in this division, "unanticipated event or | 2370 |
condition" means an event or condition encountered in a remining | 2371 |
operation that was not contemplated by the applicable surface coal | 2372 |
mining and reclamation permit. | 2373 |
(4)(a) In addition to finding the application in compliance | 2374 |
with division (E)(2) of this section, if the area proposed to be | 2375 |
mined contains prime farmland as determined pursuant to division | 2376 |
(B) | 2377 |
the secretary of the United States department of agriculture and | 2378 |
pursuant to regulations issued by the secretary of the interior | 2379 |
with the concurrence of the secretary of agriculture, may grant a | 2380 |
permit to mine on prime farmland if the chief finds in writing | 2381 |
that the operator has the technological capability to restore the | 2382 |
mined area, within a reasonable time, to equivalent or higher | 2383 |
levels of yield as nonmined prime farmland in the surrounding area | 2384 |
under equivalent levels of management and can meet the soil | 2385 |
reconstruction standards in section 1513.16 of the Revised Code. | 2386 |
(b) Division (E)(4)(a) of this section does not apply to a | 2387 |
permit issued prior to August 3, 1977, or revisions or renewals | 2388 |
thereof. | 2389 |
(5) The chief shall issue an order denying a permit after | 2390 |
finding that the applicant has misrepresented or omitted any | 2391 |
material fact in the application for the permit. | 2392 |
(6) The chief may issue an order denying a permit after | 2393 |
finding that the applicant, any partner, if the applicant is a | 2394 |
partnership, any officer, principal shareholder, or director, if | 2395 |
the applicant is a corporation, or any other person who has a | 2396 |
right to control or in fact controls the management of the | 2397 |
applicant or the selection of officers, directors, or managers of | 2398 |
the applicant has been a sole proprietor or partner, officer, | 2399 |
director, principal shareholder, or person having the right to | 2400 |
control or has in fact controlled the management of or the | 2401 |
selection of officers, directors, or managers of a business entity | 2402 |
that ever has had a coal mining license or permit issued by this | 2403 |
or any other state or the United States suspended or revoked, ever | 2404 |
has forfeited a coal or surface mining bond, performance security, | 2405 |
or similar security deposited in lieu of bond in this or any other | 2406 |
state or with the United States, or ever has substantially or | 2407 |
materially failed to comply with this chapter. | 2408 |
(7) When issuing a permit under this section, the chief may | 2409 |
authorize an applicant to conduct coal mining and reclamation | 2410 |
operations on areas to be covered by the permit that were affected | 2411 |
by coal mining operations before August 3, 1977, that have | 2412 |
resulted in continuing water pollution from or on the previously | 2413 |
mined areas for the purpose of potentially reducing the pollution | 2414 |
loadings of pH, iron, and manganese from discharges from or on the | 2415 |
previously mined areas. Following the chief's authorization to | 2416 |
conduct such operations on those areas, the areas shall be | 2417 |
designated as pollution abatement areas for the purposes of this | 2418 |
chapter. | 2419 |
The chief shall not grant an authorization under division | 2420 |
(E)(7) of this section to conduct coal mining and reclamation | 2421 |
operations on any such previously mined areas unless the applicant | 2422 |
demonstrates to the chief's satisfaction that all of the following | 2423 |
conditions are met: | 2424 |
(a) The applicant's pollution abatement plan for mining and | 2425 |
reclaiming the previously mined areas represents the best | 2426 |
available technology economically achievable | 2427 |
(b) Implementation of the plan will potentially reduce | 2428 |
pollutant loadings of pH, iron, and manganese resulting from | 2429 |
discharges of surface waters or ground water from or on the | 2430 |
previously mined areas within the permit area | 2431 |
(c) Implementation of the plan will not cause any additional | 2432 |
degradation of surface water quality off the permit area with | 2433 |
respect to pH, iron, and manganese | 2434 |
(d) Implementation of the plan will not cause any additional | 2435 |
degradation of ground water | 2436 |
(e) The plan meets the requirements governing mining and | 2437 |
reclamation of such previously mined pollution abatement areas | 2438 |
established by the chief in rules adopted under section 1513.02 of | 2439 |
the Revised Code | 2440 |
(f) Neither the applicant; any partner, if the applicant is a | 2441 |
partnership; any officer, principal shareholder, or director, if | 2442 |
the applicant is a corporation; any other person who has a right | 2443 |
to control or in fact controls the management of the applicant or | 2444 |
the selection of officers, directors, or managers of the | 2445 |
applicant; nor any contractor or subcontractor of the applicant, | 2446 |
has any of the following: | 2447 |
(i) Responsibility or liability under this chapter or rules | 2448 |
adopted under it as an operator for treating the discharges of | 2449 |
water pollutants from or on the previously mined areas for which | 2450 |
the authorization is sought; | 2451 |
(ii) Any responsibility or liability under this chapter or | 2452 |
rules adopted under it for reclaiming the previously mined areas | 2453 |
for which the authorization is sought; | 2454 |
(iii) During the eighteen months prior to submitting the | 2455 |
permit application requesting an authorization under division | 2456 |
(E)(7) of this section, had a coal mining and reclamation permit | 2457 |
suspended or revoked under division (D)(3) of section 1513.02 of | 2458 |
the Revised Code for violating this chapter or Chapter 6111. of | 2459 |
the Revised Code or rules adopted under them with respect to water | 2460 |
quality, effluent limitations, or surface or ground water | 2461 |
monitoring; | 2462 |
(iv) Ever forfeited a coal or surface mining bond, | 2463 |
performance security, or similar security deposited in lieu of a | 2464 |
bond in this or any other state or with the United States. | 2465 |
(8) In the case of the issuance of a permit that involves a | 2466 |
conflict of results between various methods of calculating | 2467 |
potential acidity and neutralization potential for purposes of | 2468 |
assessing the potential for acid mine drainage to occur at a mine | 2469 |
site, the permit shall include provisions for monitoring and | 2470 |
record keeping to identify the creation of unanticipated acid | 2471 |
water at the mine site. If the monitoring detects the creation of | 2472 |
acid water at the site, the permit shall impose on the permittee | 2473 |
additional requirements regarding mining practices and site | 2474 |
reclamation to prevent the discharge of acid mine drainage from | 2475 |
the mine site. As used in division (E)(8) of this section, | 2476 |
"potential acidity" and "neutralization potential" have the same | 2477 |
meanings as in section 1513.075 of the Revised Code. | 2478 |
(F)(1) During the term of the permit, the permittee may | 2479 |
submit an application for a revision of the permit, together with | 2480 |
a revised reclamation plan, to the chief. | 2481 |
(2) An application for a revision of a permit shall not be | 2482 |
approved unless the chief finds that reclamation required by this | 2483 |
chapter can be accomplished under the revised reclamation plan. | 2484 |
The revision shall be approved or disapproved within ninety days | 2485 |
after receipt of a complete revision application. The chief shall | 2486 |
establish, by rule, criteria for determining the extent to which | 2487 |
all permit application information requirements and procedures, | 2488 |
including notice and hearings, shall apply to the revision | 2489 |
request, except that any revisions that propose significant | 2490 |
alterations in the reclamation plan, at a minimum, shall be | 2491 |
subject to notice and hearing requirements. | 2492 |
(3) Any extensions to the area covered by the permit except | 2493 |
incidental boundary revisions shall be made by application for a | 2494 |
permit. | 2495 |
(G) No transfer, assignment, or sale of the rights granted | 2496 |
under a permit issued pursuant to this chapter shall be made | 2497 |
without the written approval of the chief. | 2498 |
(H) The chief, within a time limit prescribed in the chief's | 2499 |
rules, shall review outstanding permits and may require reasonable | 2500 |
revision or modification of a permit. A revision or modification | 2501 |
shall be based upon a written finding and subject to notice and | 2502 |
hearing requirements established by rule of the chief. | 2503 |
(I)(1) If an informal conference has been held pursuant to | 2504 |
section 1513.071 of the Revised Code, the chief shall issue and | 2505 |
furnish the applicant for a permit, persons who participated in | 2506 |
the informal conference, and persons who filed written objections | 2507 |
pursuant to division (B) of section 1513.071 of the Revised Code, | 2508 |
with the written finding of the chief granting or denying the | 2509 |
permit in whole or in part and stating the reasons therefor within | 2510 |
sixty days of the conference. | 2511 |
(2) If there has been no informal conference held pursuant to | 2512 |
section 1513.071 of the Revised Code, the chief shall notify the | 2513 |
applicant for a permit within a reasonable time as provided by | 2514 |
rule of the chief, taking into account the time needed for proper | 2515 |
investigation of the site, the complexity of the permit | 2516 |
application, whether or not a written objection to the application | 2517 |
has been filed, and whether the application has been approved or | 2518 |
disapproved in whole or in part. | 2519 |
(3) If the application is approved, the permit shall be | 2520 |
issued. If the application is disapproved, specific reasons | 2521 |
therefor shall be set forth in the notification. Within thirty | 2522 |
days after the applicant is notified of the final decision of the | 2523 |
chief on the permit application, the applicant or any person with | 2524 |
an interest that is or may be adversely affected may appeal the | 2525 |
decision to the reclamation commission pursuant to section 1513.13 | 2526 |
of the Revised Code. | 2527 |
(4) Any applicant or any person with an interest that is or | 2528 |
may be adversely affected who has participated in the | 2529 |
administrative proceedings as an objector and is aggrieved by the | 2530 |
decision of the reclamation commission, or if the commission fails | 2531 |
to act within the time limits specified in this chapter, may | 2532 |
appeal in accordance with section 1513.14 of the Revised Code. | 2533 |
Sec. 1513.071. (A) Simultaneously with the filing of an | 2534 |
application for a permit or significant revision of an existing | 2535 |
permit under section 1513.07 of the Revised Code, the applicant | 2536 |
shall submit to the chief of the division of mineral resources | 2537 |
management a copy of | 2538 |
ownership, precise location, and boundaries of the land to be | 2539 |
affected. At the time of submission, the advertisement shall be | 2540 |
placed by the applicant in a newspaper of general circulation in | 2541 |
the locality of the proposed coal mine at least once a week for | 2542 |
four consecutive weeks. The chief shall notify, in each county or | 2543 |
part of a county in which a proposed area to be permitted is | 2544 |
located, the board of county commissioners, the board of township | 2545 |
trustees, the legislative authorities of municipal corporations, | 2546 |
private water companies, regional councils of governments, and the | 2547 |
boards of directors of conservancy districts informing them of the | 2548 |
operator's intention to conduct a coal mining operation on a | 2549 |
particularly described tract of land and indicating the permit | 2550 |
application number and where a copy of the proposed mining and | 2551 |
reclamation plan may be inspected. The chief shall also notify the | 2552 |
planning commissions with jurisdiction over all or part of the | 2553 |
area to be permitted. These agencies, authorities, or companies | 2554 |
may submit written comments on the application with respect to the | 2555 |
effects of the proposed operation on the environment that are | 2556 |
within their area of responsibility in quadruplicate to the chief | 2557 |
within thirty days after notification by the chief of receipt of | 2558 |
the application. The chief shall immediately transmit these | 2559 |
comments to the applicant and make them available to the public at | 2560 |
the same locations at which the mining application is available | 2561 |
for inspection. | 2562 |
(B) A person having an interest that is or may be adversely | 2563 |
affected or the officer or head of any federal, state, or local | 2564 |
governmental agency or authority may file written objections to | 2565 |
the proposed initial or revised application for a coal mining and | 2566 |
reclamation permit with the chief within thirty days after the | 2567 |
last publication of the notice required by division (A) of this | 2568 |
section. The objections shall immediately be transmitted to the | 2569 |
applicant by the chief and shall be made available to the public. | 2570 |
If written objections are filed and an informal conference | 2571 |
requested, the chief or | 2572 |
hold an informal conference on the application for a permit within | 2573 |
a reasonable time in the county where the largest area of the area | 2574 |
to be permitted is located. The date, time, and location of the | 2575 |
informal conference shall be advertised by the chief in a | 2576 |
newspaper of general circulation in the locality at least two | 2577 |
weeks prior to the scheduled conference date. The chief may | 2578 |
arrange with the applicant, upon request by any objecting party, | 2579 |
access to the proposed mining area for the purpose of gathering | 2580 |
information relevant to the proceeding. An electronic or | 2581 |
stenographic record shall be made of the conference proceeding | 2582 |
unless waived by all parties. The record shall be maintained and | 2583 |
shall be accessible to the parties until final release of the | 2584 |
applicant's performance | 2585 |
the informal conference stipulate agreement prior to the requested | 2586 |
informal conference and withdraw their request, the informal | 2587 |
conference need not be held. | 2588 |
Sec. 1513.075. (A) As used in this section: | 2589 |
(1) "Potential acidity" means a laboratory measurement of the | 2590 |
amount of acidity that could be produced by material in a rock | 2591 |
strata proposed to be disturbed by mining and that is expressed by | 2592 |
a numeral indicating the number of tons of that acidity that would | 2593 |
be present in one thousand tons of disturbed overburden. | 2594 |
(2) "Neutralization potential" means a laboratory measurement | 2595 |
of the alkalinity of a rock strata expressed as the amount of | 2596 |
acidity that would be neutralized by material proposed to be | 2597 |
disturbed by mining and that is expressed by a numeral indicating | 2598 |
the number of tons of that alkalinity that would be present in one | 2599 |
thousand tons of disturbed overburden. | 2600 |
(3) "Test borings or core samplings" refer to test borings or | 2601 |
core samplings performed on rock strata in an area proposed to be | 2602 |
covered by a permit for a coal mining operation, the results of | 2603 |
which must be stated in the permit application in accordance with | 2604 |
division (B)(1)(o) of section 1513.07 of the Revised Code. | 2605 |
(B) For purposes of the determination of the chief of the | 2606 |
division of mineral resources management regarding whether to | 2607 |
approve an application for a permit for a coal mining operation | 2608 |
based on criteria established in divisions (E)(2)(a) and (c) of | 2609 |
section 1513.07 of the Revised Code and related performance | 2610 |
standards established in division (A)(10) of section 1513.16 of | 2611 |
the Revised Code, the potential acidity and the neutralization | 2612 |
potential of the rock strata that would be disturbed under the | 2613 |
permit may be calculated in accordance with this section. | 2614 |
(C) The measurement of potential acidity may be based on | 2615 |
laboratory analyses of the sulfur content of the coal and | 2616 |
overburden to be disturbed by mining. If the results of test | 2617 |
borings or core samplings include laboratory analyses of the | 2618 |
pyritic form of sulfur, the applicant may base the calculation of | 2619 |
the potential acidity for the area on the pyritic sulfur content | 2620 |
of the coal and overburden to be disturbed by mining rather than | 2621 |
on the total sulfur content. | 2622 |
(D) The tons of rock in the area represented by each core | 2623 |
hole resulting from test boring or core sampling may be estimated | 2624 |
and used to calculate the tons of potential acidity and tons of | 2625 |
neutralization potential for each rock stratum. The sum of those | 2626 |
values across the proposed permit area may be used to calculate | 2627 |
the site's overall neutralization potential and potential acidity. | 2628 |
(E) The proposed permit area may not be considered to have | 2629 |
the potential to create acid or other toxic mine drainage if | 2630 |
either of the following applies: | 2631 |
(1) The numeral that indicates the site's overall | 2632 |
neutralization potential divided by the numeral that indicates the | 2633 |
site's overall potential acidity results in a quotient that is | 2634 |
equal to or greater than two. | 2635 |
(2) The numeral that indicates the neutralization potential | 2636 |
subtracted from the numeral that indicates the potential acidity | 2637 |
results in a remainder that is equal to or less than either of the | 2638 |
following: | 2639 |
(a) Negative five in the case that the total sulfur content | 2640 |
of rock strata is used to calculate potential acidity; | 2641 |
(b) Negative ten in the case that the pyritic sulfur content | 2642 |
of rock strata is used to calculate potential acidity. | 2643 |
Sec. 1513.08. (A) After a coal mining and reclamation permit | 2644 |
application has been approved, but before the permit is issued, | 2645 |
the applicant shall file with the chief of the division of mineral | 2646 |
resources management, on a form prescribed and furnished by the | 2647 |
chief,
| 2648 |
2649 | |
2650 | |
security required under this section. | 2651 |
(B) Using the information contained in the permit | 2652 |
application; the requirements contained in the approved permit and | 2653 |
reclamation plan; and, after considering the topography, geology, | 2654 |
hydrology, and revegetation potential of the area of the approved | 2655 |
permit, the probable difficulty of reclamation; the chief shall | 2656 |
2657 | |
2658 | |
2659 | |
2660 | |
under the initial term of the permit if the reclamation has to be | 2661 |
performed by the division of mineral resources management in the | 2662 |
event of forfeiture of the performance security by the applicant. | 2663 |
2664 | |
2665 | |
estimated cost of reclamation by certified mail to the applicant. | 2666 |
The applicant shall send written notice to the chief indicating | 2667 |
the method by which the applicant will provide the performance | 2668 |
security pursuant to division (C) of this section. | 2669 |
(C) The applicant shall provide the performance security in | 2670 |
an amount using one of the following: | 2671 |
(1) If the applicant elects to provide performance security | 2672 |
without reliance on the reclamation forfeiture fund created in | 2673 |
section 1513.18 of the Revised Code, the amount of the estimated | 2674 |
cost of reclamation as determined by the chief under division (B) | 2675 |
of this section for the increments of land on which the operator | 2676 |
will conduct a coal mining and reclamation operation under the | 2677 |
initial term of the permit as indicated in the application; | 2678 |
(2) If the applicant elects to provide performance security | 2679 |
together with reliance on the reclamation forfeiture fund through | 2680 |
payment of the additional tax on the severance of coal that is | 2681 |
levied under division (A)(8) of section 5749.02 of the Revised | 2682 |
Code, an amount of twenty-five hundred dollars per acre of land on | 2683 |
which the operator will conduct coal mining and reclamation under | 2684 |
the initial term of the permit as indicated in the application. | 2685 |
However, in order to be eligible to provide performance security | 2686 |
in accordance with division (C)(2) of this section, an applicant | 2687 |
shall have held a permit issued under this chapter for any coal | 2688 |
mining and reclamation operation for a period of not less than | 2689 |
five years. In the event of forfeiture of performance security | 2690 |
that was provided in accordance with division (C)(2) of this | 2691 |
section, the difference between the amount of that performance | 2692 |
security and the estimated cost of reclamation as determined by | 2693 |
the chief under division (B) of this section shall be obtained | 2694 |
from money in the reclamation forfeiture fund as needed to | 2695 |
complete the reclamation. | 2696 |
The performance security provided under division (C) of this | 2697 |
section for the entire area to be mined under one permit issued | 2698 |
under this chapter shall not be less than ten thousand dollars. | 2699 |
The performance security shall cover areas of land affected | 2700 |
by mining within or immediately adjacent to the permitted area, so | 2701 |
long as the total number of acres does not exceed the number of | 2702 |
acres
| 2703 |
However, the authority for
| 2704 |
areas of land immediately adjacent to the permitted area does not | 2705 |
authorize a permittee to mine areas outside an approved permit | 2706 |
area. As succeeding increments of coal mining and reclamation | 2707 |
operations are to be initiated and conducted within the permit | 2708 |
area, the permittee shall file with the chief
| 2709 |
2710 | |
accordance
with this section. | 2711 |
2712 | |
2713 | |
2714 | |
2715 | |
mine areas outside the approved permit area, the permittee shall | 2716 |
provide additional performance security in accordance with this | 2717 |
section to cover the areas to be mined. | 2718 |
| 2719 |
in accordance with division (C)(1) of this section in the full | 2720 |
amount of the estimated cost of reclamation as determined by the | 2721 |
chief for a permitted coal preparation plant or coal refuse | 2722 |
disposal area that is not located within a permitted area of a | 2723 |
mine. A permittee shall provide the performance security not later | 2724 |
than one year after the effective date of this amendment for a | 2725 |
permitted coal preparation plant or coal refuse disposal area that | 2726 |
is in existence on the effective date of this amendment and that | 2727 |
is not located within a permitted area of a mine. | 2728 |
(D) A permittee's liability under the performance security | 2729 |
shall be limited to the obligations established under the permit, | 2730 |
which include completion of the reclamation plan in order to make | 2731 |
the land capable of supporting the postmining land use that was | 2732 |
approved in the permit. The period of liability under the | 2733 |
performance security shall be for the duration of the coal mining | 2734 |
and reclamation operation and for a period coincident with the | 2735 |
operator's responsibility for revegetation requirements under | 2736 |
section 1513.16 of the Revised Code. | 2737 |
(E) The amount of the estimated cost of reclamation | 2738 |
determined under division (B) of this section and the amount of a | 2739 |
permittee's performance security provided in accordance with | 2740 |
division (C)(1) of this section may be adjusted by the chief as | 2741 |
the land that is affected by mining increases or decreases or if | 2742 |
the cost of reclamation increases or decreases. If the performance | 2743 |
security was provided in accordance with division (C)(2) of this | 2744 |
section and the chief has issued a cessation order under division | 2745 |
(D)(2) of section 1513.02 of the Revised Code for failure to abate | 2746 |
a violation of the contemporaneous reclamation requirement under | 2747 |
division (A)(15) of section 1513.16 of the Revised Code, the chief | 2748 |
may require the permittee to increase the amount of performance | 2749 |
security from twenty-five hundred dollars per acre of land to five | 2750 |
thousand dollars per acre of land. | 2751 |
The chief shall notify the permittee, each surety, and any | 2752 |
person who has a property interest in the performance security and | 2753 |
who has requested to be notified of any proposed adjustment to the | 2754 |
performance security. The permittee may request an informal | 2755 |
conference with the chief concerning the proposed adjustment, and | 2756 |
the chief shall provide such an informal conference. | 2757 |
If the chief increases the amount of performance security | 2758 |
under this division, the permittee shall provide additional | 2759 |
performance security in an amount determined by the chief. If the | 2760 |
chief decreases the amount of performance security under this | 2761 |
division, the chief shall determine the amount of the reduction of | 2762 |
the performance security and send written notice of the amount of | 2763 |
reduction to the permittee. The permittee may reduce the amount of | 2764 |
the performance security in the amount determined by the chief. | 2765 |
(F) A permittee may request a reduction in the amount of the | 2766 |
performance security by submitting to the chief documentation | 2767 |
proving that the amount of the performance security provided by | 2768 |
the permittee exceeds the estimated cost of reclamation if the | 2769 |
reclamation would have to be performed by the division in the | 2770 |
event of forfeiture of the performance security. The chief shall | 2771 |
examine the documentation and determine whether the permittee's | 2772 |
performance security exceeds the estimated cost of reclamation. If | 2773 |
the chief determines that the performance security exceeds that | 2774 |
estimated cost, the chief shall determine the amount of the | 2775 |
reduction of the performance security and send written notice of | 2776 |
the amount to the permittee. The permittee may reduce the amount | 2777 |
of the performance security in the amount determined by the chief. | 2778 |
Adjustments in the amount of performance security under this | 2779 |
division shall not be considered release of performance security | 2780 |
and are not subject to section 1513.16 of the Revised Code. | 2781 |
(G) If the performance security is a bond, it shall be | 2782 |
executed by the operator and a corporate surety licensed to do | 2783 |
business in this state | 2784 |
2785 | |
2786 | |
certificates of
deposit of | 2787 |
association | 2788 |
2789 | |
and operating in this state. The cash deposit or market value of | 2790 |
the securities shall be equal to or greater than the amount of the | 2791 |
2792 | |
section. The chief shall review any documents pertaining to the | 2793 |
performance security and approve or disapprove the documents. The | 2794 |
chief shall notify the applicant of the chief's determination. | 2795 |
| 2796 |
may accept the bond of the applicant itself without separate | 2797 |
surety when the applicant demonstrates to the satisfaction of the | 2798 |
chief the existence of a suitable agent to receive service of | 2799 |
process and a history of financial solvency and continuous | 2800 |
operation sufficient for authorization to self-insure or bond the | 2801 |
amount. | 2802 |
| 2803 |
2804 | |
2805 | |
2806 |
| 2807 |
2808 | |
2809 | |
2810 | |
this section may be held in trust, provided that the state is the | 2811 |
conditional beneficiary of the trust and the custodian of the | 2812 |
performance security held in trust is a bank, trust company, or | 2813 |
other financial institution that is licensed and operating in this | 2814 |
state. The chief shall review the trust document and approve or | 2815 |
disapprove the document. The chief shall notify the applicant of | 2816 |
the chief's determination. | 2817 |
(J) If a surety, bank, savings and loan association, trust | 2818 |
company, or other financial institution that holds the performance | 2819 |
security required under this section becomes insolvent, the | 2820 |
permittee shall notify the chief of the insolvency, and the chief | 2821 |
shall order the permittee to submit a plan for replacement | 2822 |
performance security within thirty days after receipt of notice | 2823 |
from the chief. If the permittee provided performance security in | 2824 |
accordance with division (C)(1) of this section, the permittee | 2825 |
shall provide the replacement performance security within ninety | 2826 |
days after receipt of notice from the chief. If the permittee | 2827 |
provided performance security in accordance with division (C)(2) | 2828 |
of this section, the permittee shall provide the replacement | 2829 |
performance security within one year after receipt of notice from | 2830 |
the chief, and, for a period of one year after the permittee's | 2831 |
receipt of notice from the chief or until the permittee provides | 2832 |
the replacement performance security, whichever occurs first, | 2833 |
money in the reclamation forfeiture fund shall be the permittee's | 2834 |
replacement performance security in an amount not to exceed the | 2835 |
estimated cost of reclamation as determined by the chief. | 2836 |
(K) A permittee's responsibility for repairing material | 2837 |
damage and replacement of water supply resulting from subsidence | 2838 |
may be satisfied by liability insurance required under this | 2839 |
chapter in lieu of the permittee's performance security if the | 2840 |
liability insurance policy contains terms and conditions that | 2841 |
specifically provide coverage for repairing material damage and | 2842 |
replacement of water supply resulting from subsidence. | 2843 |
(L) If the performance security provided in accordance with | 2844 |
this section exceeds the estimated cost of reclamation, the chief | 2845 |
may authorize the amount of the performance security that exceeds | 2846 |
the estimated cost of reclamation together with any interest or | 2847 |
other earnings on the performance security to be paid to the | 2848 |
permittee. | 2849 |
Sec. 1513.081. (A) If an operator becomes insolvent, the | 2850 |
division of mineral resources management shall have a priority | 2851 |
lien in front of all other interested creditors against the assets | 2852 |
of that operator for the amount of any reclamation that is | 2853 |
required as a result of the operator's mining activities. The | 2854 |
chief of the division of mineral resources management shall file a | 2855 |
statement in the office of the county recorder of each county in | 2856 |
which the mined land lies of the estimated cost to reclaim the | 2857 |
land. The estimated cost to reclaim the land shall include the | 2858 |
direct and indirect costs of the development, design, | 2859 |
construction, management, and administration of the reclamation. | 2860 |
The statement shall constitute a lien on the assets of the | 2861 |
operator as of the date of the filing. The lien shall continue in | 2862 |
force so long as any portion of the lien remains unpaid or until | 2863 |
the chief issues a certificate of release of the lien. If the | 2864 |
chief issues a certificate of release of the lien, the chief shall | 2865 |
file the certificate of release in the office of each applicable | 2866 |
county recorder. | 2867 |
(B) The chief promptly shall issue a certificate of release | 2868 |
of a lien under any of the following circumstances: | 2869 |
(1) Upon the repayment in full of the money that is necessary | 2870 |
to complete the reclamation; | 2871 |
(2) Upon the transfer of an existing permit that includes the | 2872 |
areas of the operation for which reclamation was not completed to | 2873 |
a different operator; | 2874 |
(3) Any other circumstance that the chief determines to be in | 2875 |
the best interests of the state. | 2876 |
(C) The chief may modify the amount of a lien under this | 2877 |
section. If the chief modifies a lien, the chief shall file a | 2878 |
statement in the office of the county recorder of each applicable | 2879 |
county of the new amount of the lien. | 2880 |
(D) The chief may authorize an agent to hold a certificate of | 2881 |
release in escrow for a period not to exceed one hundred eighty | 2882 |
days for the purpose of facilitating the transfer of unreclaimed | 2883 |
mine land. | 2884 |
(E) All money from the collection of liens under this section | 2885 |
shall be deposited in the state treasury to the credit of the | 2886 |
reclamation forfeiture fund created in section 1513.18 of the | 2887 |
Revised Code. | 2888 |
Sec. 1513.13. (A)(1) Any person having an interest that is | 2889 |
or may be adversely affected by a notice of violation, order, or | 2890 |
decision of the chief of the division of mineral resources | 2891 |
management, other than a show cause order or an order that adopts | 2892 |
a rule, or by any modification, vacation, or termination of such a | 2893 |
notice, order, or decision, may appeal by filing a notice of | 2894 |
appeal with the reclamation commission for review of the notice, | 2895 |
order, or decision within thirty days after the notice, order, or | 2896 |
decision is served upon the person or within thirty days after its | 2897 |
modification, vacation, or termination and by filing a copy of the | 2898 |
notice of appeal with the chief within three days after filing the | 2899 |
notice of appeal with the commission. The notice of appeal shall | 2900 |
contain a copy of the notice of violation, order, or decision | 2901 |
complained of and the grounds upon which the appeal is based. The | 2902 |
commission has exclusive original jurisdiction to hear and decide | 2903 |
such appeals. The filing of a notice of appeal under division | 2904 |
(A)(1) of this section does not operate as a stay of any order, | 2905 |
notice of violation, or decision of the chief. | 2906 |
(2) The permittee, the chief, and other interested persons | 2907 |
shall be given written notice of the time and place of the hearing | 2908 |
at least five days prior thereto. The hearing shall be of record. | 2909 |
(3) Any person authorized under this section to appeal to the | 2910 |
commission may request an informal review by the chief or the | 2911 |
chief's designee by filing a written request with the chief within | 2912 |
thirty days after a notice, order, decision, modification, | 2913 |
vacation, or termination is served upon the person. Filing of the | 2914 |
written request shall toll the time for appeal before the | 2915 |
commission, but shall not operate as a stay of any order, notice | 2916 |
of violation, or decision of the chief. The chief's determination | 2917 |
of an informal review is appealable to the commission under this | 2918 |
section. | 2919 |
(B) The commission shall affirm the notice of violation, | 2920 |
order, or decision of the chief unless the commission determines | 2921 |
that it is arbitrary, capricious, or otherwise inconsistent with | 2922 |
law; in that case the commission may modify the notice of | 2923 |
violation, order, or decision or vacate it and remand it to the | 2924 |
chief for further proceedings that the commission may direct. | 2925 |
The commission shall conduct hearings and render decisions in | 2926 |
a timely fashion, except that all of the following apply: | 2927 |
(1) When the appeal concerns an order for the cessation of | 2928 |
coal mining and reclamation operations issued pursuant to division | 2929 |
(D)(1) or (2) of section 1513.02 of the Revised Code, the | 2930 |
commission shall issue its written decision within thirty days | 2931 |
after the receipt of the appeal unless temporary relief has been | 2932 |
granted by the chairperson pursuant to division (C) of this | 2933 |
section. | 2934 |
(2) When the appeal concerns an application for a permit | 2935 |
under division (I) of section 1513.07 of the Revised Code, the | 2936 |
commission shall hold a hearing within thirty days after receipt | 2937 |
of the notice of appeal and issue its decision within thirty days | 2938 |
after the hearing. | 2939 |
(3) When the appeal concerns a decision of the chief | 2940 |
regarding release of | 2941 |
(F) of section 1513.16 of the Revised Code, the commission shall | 2942 |
hold a hearing within thirty days after receipt of the notice of | 2943 |
appeal and issue its decision within sixty days after the hearing. | 2944 |
(4) When the appeal concerns a decision of the chief | 2945 |
regarding the location of a well in a coal bearing township under | 2946 |
section 1509.08 of the Revised Code, the commission shall hold a | 2947 |
hearing and issue its decision within thirty days after receipt of | 2948 |
the notice of appeal. | 2949 |
(C) The chairperson of the commission, under conditions the | 2950 |
chairperson prescribes, may grant temporary relief the chairperson | 2951 |
considers appropriate pending final determination of an appeal if | 2952 |
all of the following conditions are met: | 2953 |
(1) All parties to the appeal have been notified and given an | 2954 |
opportunity for a hearing to be held in the locality of the | 2955 |
subject site on the request for temporary relief and the | 2956 |
opportunity to be heard on the request. | 2957 |
(2) The person requesting relief shows that there is a | 2958 |
substantial likelihood that the person will prevail on the merits. | 2959 |
(3) The relief will not adversely affect public health or | 2960 |
safety or cause significant imminent environmental harm to land, | 2961 |
air, or water resources. | 2962 |
The chairperson shall issue a decision expeditiously, except | 2963 |
that when the applicant requests relief from an order for the | 2964 |
cessation of coal mining and reclamation operations issued | 2965 |
pursuant to division (D)(1) or (2) of section 1513.02 of the | 2966 |
Revised Code, the decision shall be issued within five days after | 2967 |
its receipt. | 2968 |
Any party to an appeal filed with the commission who is | 2969 |
aggrieved or adversely affected by a decision of the chairperson | 2970 |
to grant or deny temporary relief under this section may appeal | 2971 |
that decision to the commission. The commission may confine its | 2972 |
review to the record developed at the hearing before the | 2973 |
chairperson. | 2974 |
The appeal shall be filed with the commission within thirty | 2975 |
days after the chairperson issues the decision on the request for | 2976 |
temporary relief. The commission shall issue a decision as | 2977 |
expeditiously as possible, except that when the appellant requests | 2978 |
relief from an order for the cessation of coal mining and | 2979 |
reclamation operations issued pursuant to division (D)(1) or (2) | 2980 |
of section 1513.02 of the Revised Code, the decision of the | 2981 |
commission shall be issued within five days after receipt of the | 2982 |
notice of appeal. | 2983 |
The commission shall affirm the decision of the chairperson | 2984 |
granting or denying temporary relief unless it determines that the | 2985 |
decision is arbitrary, capricious, or otherwise inconsistent with | 2986 |
law. | 2987 |
(D) Following the issuance of an order to show cause as to | 2988 |
why a permit should not be suspended or revoked pursuant to | 2989 |
division (D)(3) of section 1513.02 of the Revised Code, the chief | 2990 |
or a representative of the chief shall hold a public adjudicatory | 2991 |
hearing after giving written notice of the time, place, and date | 2992 |
thereof. The hearing shall be of record. | 2993 |
Within sixty days following the public hearing, the chief | 2994 |
shall issue and furnish to the permittee and all other parties to | 2995 |
the hearing a written decision, and the reasons therefor, | 2996 |
concerning suspension or revocation of the permit. If the chief | 2997 |
revokes the permit, the permittee immediately shall cease coal | 2998 |
mining operations on the permit area and shall complete | 2999 |
reclamation within a period specified by the chief, or the chief | 3000 |
shall declare as forfeited the performance | 3001 |
operation. | 3002 |
(E)(1) Whenever an enforcement order or permit decision is | 3003 |
appealed under this section or any action is filed under division | 3004 |
(B) of section 1513.15 or 1513.39 of the Revised Code, at the | 3005 |
request of a prevailing party, a sum equal to the aggregate amount | 3006 |
of all costs and expenses, including attorney's fees, as | 3007 |
determined to have been necessary and reasonably incurred by the | 3008 |
prevailing party for or in connection with participation in the | 3009 |
enforcement proceedings before the commission, the court under | 3010 |
section 1513.15 of the Revised Code, or the chief under section | 3011 |
1513.39 of the Revised Code, may be awarded, as considered proper, | 3012 |
in accordance with divisions (E)(1)(a) to (c) of this section. In | 3013 |
no event shall attorney's fees awarded under this section exceed, | 3014 |
for the kind and quality of services, the prevailing market rates | 3015 |
at the time the services were furnished under division (A) of this | 3016 |
section. A party may be entitled to costs and expenses related | 3017 |
solely to the preparation, defense, and appeal of a petition for | 3018 |
costs and expenses, provided that the costs and expenses are | 3019 |
limited and proportionate to costs and expenses otherwise allowed | 3020 |
under division (E) of this section. | 3021 |
(a) A party, other than the permittee or the division of | 3022 |
mineral resources management, shall file a petition, if any, for | 3023 |
an award of costs and expenses, including attorney's fees, with | 3024 |
the chief, who shall review the petition. If the chief finds that | 3025 |
the party, other than the permittee or the division, prevailed in | 3026 |
whole or in part, made a substantial contribution to a full and | 3027 |
fair determination of the issues, and made a contribution separate | 3028 |
and distinct from the contribution made by any other party, the | 3029 |
chief may award to that party the party's costs and expenses, | 3030 |
including attorney's fees that were necessary and reasonably | 3031 |
incurred by the petitioning party for, or in connection with, | 3032 |
participation in the proceeding before the commission. | 3033 |
(b) If a permittee who made a request under division (E)(1) | 3034 |
of this section demonstrates that a party other than a permittee | 3035 |
who initiated an appeal under this section or participated in such | 3036 |
an appeal initiated or participated in the appeal in bad faith and | 3037 |
for the purpose of harassing or embarrassing the permittee, the | 3038 |
permittee may file a petition with the chief. The chief may award | 3039 |
to the permittee the costs and expenses reasonably incurred by the | 3040 |
permittee in connection with participation in the appeal and | 3041 |
assess those costs and expenses against the party who initiated | 3042 |
the appeal. | 3043 |
(c) The division may file, with the commission, a request for | 3044 |
an award to the division of the costs and expenses reasonably | 3045 |
incurred by the division in connection with an appeal initiated | 3046 |
under this section. The commission may assess those costs and | 3047 |
expenses against the party who initiated the appeal if the | 3048 |
division demonstrates that the party initiated or participated in | 3049 |
the appeal in bad faith and for the purpose of harassing or | 3050 |
embarrassing the division. | 3051 |
(2) Whenever an order issued under this section or as a | 3052 |
result of any administrative proceeding under this chapter is the | 3053 |
subject of judicial review, at the request of any party, a sum | 3054 |
equal to the aggregate amount of all costs and expenses, including | 3055 |
attorney's fees, as determined by the court to have been necessary | 3056 |
and reasonably incurred by the party for or in connection with | 3057 |
participation in the proceedings, may be awarded to either party, | 3058 |
in accordance with division (E)(1) of this section, as the court, | 3059 |
on the basis of judicial review, considers proper. | 3060 |
Sec. 1513.16. (A) Any permit issued under this chapter to | 3061 |
conduct coal mining operations shall require that the operations | 3062 |
meet all applicable performance standards of this chapter and such | 3063 |
other requirements as the chief of the division of mineral | 3064 |
resources management shall adopt by rule. General performance | 3065 |
standards shall apply to all coal mining and reclamation | 3066 |
operations and shall require the operator at a minimum to do all | 3067 |
of the following: | 3068 |
(1) Conduct coal mining operations so as to maximize the | 3069 |
utilization and conservation of the solid fuel resource being | 3070 |
recovered so that reaffecting the land in the future through coal | 3071 |
mining can be minimized; | 3072 |
(2) Restore the land affected to a condition capable of | 3073 |
supporting the uses that it was capable of supporting prior to any | 3074 |
mining, or higher or better uses of which there is reasonable | 3075 |
likelihood, so long as the uses do not present any actual or | 3076 |
probable hazard to public health or safety or pose any actual or | 3077 |
probable threat of diminution or pollution of the waters of the | 3078 |
state, and the permit applicants' declared proposed land uses | 3079 |
following reclamation are not considered to be impractical or | 3080 |
unreasonable, to be inconsistent with applicable land use policies | 3081 |
and plans, to involve unreasonable delay in implementation, or to | 3082 |
violate federal, state, or local law; | 3083 |
(3) Except as provided in division (B) of this section, with | 3084 |
respect to all coal mining operations, backfill, compact where | 3085 |
advisable to ensure stability or to prevent leaching of toxic | 3086 |
materials, and grade in order to restore the approximate original | 3087 |
contour of the land with all highwalls, spoil piles, and | 3088 |
depressions eliminated unless small depressions are needed in | 3089 |
order to retain moisture to assist revegetation or as otherwise | 3090 |
authorized pursuant to this chapter, provided that if the operator | 3091 |
demonstrates that due to volumetric expansion the amount of | 3092 |
overburden and the spoil and waste materials removed in the course | 3093 |
of the mining operation are more than sufficient to restore the | 3094 |
approximate original contour, the operator shall backfill, grade, | 3095 |
and compact the excess overburden and other spoil and waste | 3096 |
materials to attain the lowest grade, but not more than the angle | 3097 |
of repose, and to cover all acid-forming and other toxic materials | 3098 |
in order to achieve an ecologically sound land use compatible with | 3099 |
the surrounding region in accordance with the approved mining | 3100 |
plan. The overburden or spoil shall be shaped and graded in such a | 3101 |
way as to prevent slides, erosion, and water pollution and shall | 3102 |
be revegetated in accordance with this chapter. | 3103 |
(4) Stabilize and protect all surface areas, including spoil | 3104 |
piles affected by the coal mining and reclamation operation, to | 3105 |
control erosion and attendant air and water pollution effectively; | 3106 |
(5) Remove the topsoil from the land in a separate layer, | 3107 |
replace it on the backfill area, or, if not utilized immediately, | 3108 |
segregate it in a separate pile from the spoil, and when the | 3109 |
topsoil is not replaced on a backfill area within a time short | 3110 |
enough to avoid deterioration of the topsoil, maintain a | 3111 |
successful cover by quick-growing plants or other means thereafter | 3112 |
so that the topsoil is preserved from wind and water erosion, | 3113 |
remains free of any contamination by acid or other toxic material, | 3114 |
and is in a usable condition for sustaining vegetation when | 3115 |
restored during reclamation. If the topsoil is of insufficient | 3116 |
quantity or of poor quality for sustaining vegetation or if other | 3117 |
strata can be shown to be more suitable for vegetation | 3118 |
requirements, the operator shall remove, segregate, and preserve | 3119 |
in a like manner such other strata as are best able to support | 3120 |
vegetation. | 3121 |
(6) Restore the topsoil or the best available subsoil that is | 3122 |
best able to support vegetation; | 3123 |
(7) For all prime farmlands as identified in division | 3124 |
(B) | 3125 |
and reclaimed, perform soil removal, storage, replacement, and | 3126 |
reconstruction in accordance with specifications established by | 3127 |
the secretary of the United States department of agriculture under | 3128 |
the "Surface Mining Control and Reclamation Act of 1977," 91 Stat. | 3129 |
445, 30 U.S.C.A. 1201. The operator, at a minimum, shall be | 3130 |
required to do all of the following: | 3131 |
(a) Segregate the A horizon of the natural soil, except where | 3132 |
it can be shown that other available soil materials will create a | 3133 |
final soil having a greater productive capacity, and, if not | 3134 |
utilized immediately, stockpile this material separately from the | 3135 |
spoil and provide needed protection from wind and water erosion or | 3136 |
contamination by acid or other toxic material; | 3137 |
(b) Segregate the B horizon of the natural soil, or | 3138 |
underlying C horizons or other strata, or a combination of such | 3139 |
horizons or other strata that are shown to be both texturally and | 3140 |
chemically suitable for plant growth and that can be shown to be | 3141 |
equally or more favorable for plant growth than the B horizon, in | 3142 |
sufficient quantities to create in the regraded final soil a root | 3143 |
zone of comparable depth and quality to that which existed in the | 3144 |
natural soil, and, if not utilized immediately, stockpile this | 3145 |
material separately from the spoil and provide needed protection | 3146 |
from wind and water erosion or contamination by acid or other | 3147 |
toxic material; | 3148 |
(c) Replace and regrade the root zone material described in | 3149 |
division (A)(7)(b) of this section with proper compaction and | 3150 |
uniform depth over the regraded spoil material; | 3151 |
(d) Redistribute and grade in a uniform manner the surface | 3152 |
soil horizon described in division (A)(7)(a) of this section. | 3153 |
(8) Create, if authorized in the approved mining and | 3154 |
reclamation plan and permit, permanent impoundments of water on | 3155 |
mining sites as part of reclamation activities only when it is | 3156 |
adequately demonstrated by the operator that all of the following | 3157 |
conditions will be met: | 3158 |
(a) The size of the impoundment is adequate for its intended | 3159 |
purposes. | 3160 |
(b) The impoundment dam construction will be so designed as | 3161 |
to achieve necessary stability with an adequate margin of safety | 3162 |
compatible with that of structures constructed under the | 3163 |
"Watershed Protection and Flood Prevention Act," 68 Stat. 666 | 3164 |
(1954), 16 U.S.C. 1001, as amended. | 3165 |
(c) The quality of impounded water will be suitable on a | 3166 |
permanent basis for its intended use and discharges from the | 3167 |
impoundment will not degrade the water quality below water quality | 3168 |
standards established pursuant to applicable federal and state law | 3169 |
in the receiving stream. | 3170 |
(d) The level of water will be reasonably stable. | 3171 |
(e) Final grading will provide adequate safety and access for | 3172 |
proposed water users. | 3173 |
(f) The water impoundments will not result in the diminution | 3174 |
of the quality or quantity of water utilized by adjacent or | 3175 |
surrounding landowners for agricultural, industrial, recreational, | 3176 |
or domestic uses. | 3177 |
(9) Conduct any augering operation associated with strip | 3178 |
mining in a manner to maximize recoverability of mineral reserves | 3179 |
remaining after the operation and reclamation are complete and | 3180 |
seal all auger holes with an impervious and noncombustible | 3181 |
material in order to prevent drainage, except where the chief | 3182 |
determines that the resulting impoundment of water in such auger | 3183 |
holes may create a hazard to the environment or the public health | 3184 |
or safety. The chief may prohibit augering if necessary to | 3185 |
maximize the utilization, recoverability, or conservation of the | 3186 |
solid fuel resources or to protect against adverse water quality | 3187 |
impacts. | 3188 |
(10) Minimize the disturbances to the prevailing hydrologic | 3189 |
balance at the mine site and in associated offsite areas and to | 3190 |
the quality and quantity of water in surface and ground water | 3191 |
systems both during and after coal mining operations and during | 3192 |
reclamation by doing all of the following: | 3193 |
(a) Avoiding acid or other toxic mine drainage by such | 3194 |
measures as, but not limited to: | 3195 |
(i) Preventing or removing water from contact with toxic | 3196 |
producing deposits; | 3197 |
(ii) Treating drainage to reduce toxic content that adversely | 3198 |
affects downstream water upon being released to water courses in | 3199 |
accordance with rules adopted by the chief in accordance with | 3200 |
section 1513.02 of the Revised Code; | 3201 |
(iii) Casing, sealing, or otherwise managing boreholes, | 3202 |
shafts, and wells, and keeping acid or other toxic drainage from | 3203 |
entering ground and surface waters. | 3204 |
(b)(i) Conducting coal mining operations so as to prevent, to | 3205 |
the extent possible using the best technology currently available, | 3206 |
additional contributions of suspended solids to streamflow or | 3207 |
runoff outside the permit area, but in no event shall | 3208 |
contributions be in excess of requirements set by applicable state | 3209 |
or federal laws; | 3210 |
(ii) Constructing any siltation structures pursuant to | 3211 |
division (A)(10)(b)(i) of this section prior to commencement of | 3212 |
coal mining operations. The structures shall be certified by | 3213 |
persons approved by the chief to be constructed as designed and as | 3214 |
approved in the reclamation plan. | 3215 |
(c) Cleaning out and removing temporary or large settling | 3216 |
ponds or other siltation structures from drainways after disturbed | 3217 |
areas are revegetated and stabilized, and depositing the silt and | 3218 |
debris at a site and in a manner approved by the chief; | 3219 |
(d) Restoring recharge capacity of the mined area to | 3220 |
approximate premining conditions; | 3221 |
(e) Avoiding channel deepening or enlargement in operations | 3222 |
requiring the discharge of water from mines; | 3223 |
(f) Such other actions as the chief may prescribe. | 3224 |
(11) With respect to surface disposal of mine wastes, | 3225 |
tailings, coal processing wastes, and other wastes in areas other | 3226 |
than the mine working areas or excavations, stabilize all waste | 3227 |
piles in designated areas through construction in compacted | 3228 |
layers, including the use of noncombustible and impervious | 3229 |
materials if necessary, and ensure that the final contour of the | 3230 |
waste pile will be compatible with natural surroundings and that | 3231 |
the site can and will be stabilized and revegetated according to | 3232 |
this chapter; | 3233 |
(12) Refrain from coal mining within five hundred feet of | 3234 |
active and abandoned underground mines in order to prevent | 3235 |
breakthroughs and to protect the health or safety of miners. The | 3236 |
chief shall permit an operator to mine near, through, or partially | 3237 |
through an abandoned underground mine or closer than five hundred | 3238 |
feet to an active underground mine if both of the following | 3239 |
conditions are met: | 3240 |
(a) The nature, timing, and sequencing of the approximate | 3241 |
coincidence of specific strip mine activities with specific | 3242 |
underground mine activities are approved by the chief | 3243 |
(b) The operations will result in improved resource recovery, | 3244 |
abatement of water pollution, or elimination of hazards to the | 3245 |
health and safety of the public. | 3246 |
(13) Design, locate, construct, operate, maintain, enlarge, | 3247 |
modify, and remove or abandon, in accordance with the standards | 3248 |
and criteria developed pursuant to rules adopted by the chief, all | 3249 |
existing and new coal mine waste piles consisting of mine wastes, | 3250 |
tailings, coal processing wastes, or other liquid and solid | 3251 |
wastes, and used either temporarily or permanently as dams or | 3252 |
embankments; | 3253 |
(14) Ensure that all debris, acid-forming materials, toxic | 3254 |
materials, or materials constituting a fire hazard are treated or | 3255 |
buried and compacted or otherwise disposed of in a manner designed | 3256 |
to prevent contamination of ground or surface waters and that | 3257 |
contingency plans are developed to prevent sustained combustion; | 3258 |
(15) Ensure that all reclamation efforts proceed in an | 3259 |
environmentally sound manner and as contemporaneously as | 3260 |
practicable with the coal mining operations, except that where the | 3261 |
applicant proposes to combine strip mining operations with | 3262 |
underground mining operations to ensure maximum practical recovery | 3263 |
of the mineral resources, the chief may grant a variance for | 3264 |
specific areas within the reclamation plan from the requirement | 3265 |
that reclamation efforts proceed as contemporaneously as | 3266 |
practicable to permit underground mining operations prior to | 3267 |
reclamation if: | 3268 |
(a) The chief finds in writing that: | 3269 |
(i) The applicant has presented, as part of the permit | 3270 |
application, specific, feasible plans for the proposed underground | 3271 |
mining operations. | 3272 |
(ii) The proposed underground mining operations are necessary | 3273 |
or desirable to ensure maximum practical recovery of the mineral | 3274 |
resource and will avoid multiple disturbance of the surface. | 3275 |
(iii) The applicant has satisfactorily demonstrated that the | 3276 |
plan for the underground mining operations conforms to | 3277 |
requirements for underground mining in this state and that permits | 3278 |
necessary for the underground mining operations have been issued | 3279 |
by the appropriate authority. | 3280 |
(iv) The areas proposed for the variance have been shown by | 3281 |
the applicant to be necessary for the implementing of the proposed | 3282 |
underground mining operations. | 3283 |
(v) No substantial adverse environmental damage, either | 3284 |
on-site or off-site, will result from the delay in completion of | 3285 |
reclamation as required by this chapter. | 3286 |
(vi) Provisions for the off-site storage of spoil will comply | 3287 |
with division (A)(21) of this section. | 3288 |
(b) The chief has adopted specific rules to govern the | 3289 |
granting of such variances in accordance with this division and | 3290 |
has imposed such additional requirements as the chief considers | 3291 |
necessary. | 3292 |
(c) Variances granted under this division shall be reviewed | 3293 |
by the chief not more than three years from the date of issuance | 3294 |
of the permit. | 3295 |
(d) Liability under the | 3296 |
the applicant with the chief pursuant to section 1513.08 of the | 3297 |
Revised Code shall be for the duration of the underground mining | 3298 |
operations and until the requirements of this section and section | 3299 |
1513.08 of the Revised Code have been fully complied with. | 3300 |
(16) Ensure that the construction, maintenance, and | 3301 |
postmining conditions of access roads into and across the site of | 3302 |
operations will control or prevent erosion and siltation, | 3303 |
pollution of water, and damage to fish or wildlife or their | 3304 |
habitat, or to public or private property; | 3305 |
(17) Refrain from the construction of roads or other access | 3306 |
ways up a stream bed or drainage channel or in such proximity to | 3307 |
the channel as to seriously alter the normal flow of water; | 3308 |
(18) Establish, on the regraded areas and all other lands | 3309 |
affected, a diverse, effective, and permanent vegetative cover of | 3310 |
the same seasonal variety native to the area of land to be | 3311 |
affected and capable of self-regeneration and plant succession at | 3312 |
least equal in extent of cover to the natural vegetation of the | 3313 |
area, except that introduced species may be used in the | 3314 |
revegetation process where desirable and necessary to achieve the | 3315 |
approved postmining land use plan; | 3316 |
(19)(a) Assume the responsibility for successful | 3317 |
revegetation, as required by division (A)(18) of this section, for | 3318 |
a period of five full years after the last year of augmented | 3319 |
seeding, fertilizing, irrigation, or other work in order to ensure | 3320 |
compliance with that division, except that when the chief approves | 3321 |
a long-term intensive agricultural postmining land use, the | 3322 |
applicable five-year period of responsibility for revegetation | 3323 |
shall commence at the date of initial planting for that long-term | 3324 |
intensive agricultural postmining land use, and except that when | 3325 |
the chief issues a written finding approving a long-term intensive | 3326 |
agricultural postmining land use as part of the mining and | 3327 |
reclamation plan, the chief may grant an exception to division | 3328 |
(A)(18) of this section; | 3329 |
(b) On lands eligible for remining, assume the responsibility | 3330 |
for successful revegetation, as required by division (A)(18) of | 3331 |
this section, for a period of two full years after the last year | 3332 |
of augmented seeding, fertilizing, irrigation, or other work in | 3333 |
order to ensure compliance with that division. | 3334 |
(20) Protect off-site areas from slides or damage occurring | 3335 |
during the coal mining and reclamation operations and not deposit | 3336 |
spoil material or locate any part of the operations or waste | 3337 |
accumulations outside the permit area; | 3338 |
(21) Place all excess spoil material resulting from coal | 3339 |
mining and reclamation operations in such a manner that all of the | 3340 |
following apply: | 3341 |
(a) Spoil is transported and placed in a controlled manner in | 3342 |
position for concurrent compaction and in such a way as to ensure | 3343 |
mass stability and to prevent mass movement. | 3344 |
(b) The areas of disposal are within the | 3345 |
for which performance security has been provided. All organic | 3346 |
matter shall be removed immediately prior to spoil placement | 3347 |
except in the zoned concept method. | 3348 |
(c) Appropriate surface and internal drainage systems and | 3349 |
diversion ditches are used so as to prevent spoil erosion and mass | 3350 |
movement. | 3351 |
(d) The disposal area does not contain springs, natural | 3352 |
watercourses, or wet weather seeps unless lateral drains are | 3353 |
constructed from the wet areas to the main underdrains in such a | 3354 |
manner that filtration of the water into the spoil pile will be | 3355 |
prevented unless the zoned concept method is used. | 3356 |
(e) If placed on a slope, the spoil is placed upon the most | 3357 |
moderate slope among those slopes upon which, in the judgment of | 3358 |
the chief, the spoil could be placed in compliance with all the | 3359 |
requirements of this chapter and is placed, where possible, upon, | 3360 |
or above, a natural terrace, bench, or berm if that placement | 3361 |
provides additional stability and prevents mass movement. | 3362 |
(f) Where the toe of the spoil rests on a downslope, a rock | 3363 |
toe buttress of sufficient size to prevent mass movement is | 3364 |
constructed. | 3365 |
(g) The final configuration is compatible with the natural | 3366 |
drainage pattern and surroundings and suitable for intended uses. | 3367 |
(h) Design of the spoil disposal area is certified by a | 3368 |
qualified registered professional engineer in conformance with | 3369 |
professional standards. | 3370 |
(i) All other provisions of this chapter are met. | 3371 |
(22) Meet such other criteria as are necessary to achieve | 3372 |
reclamation in accordance with the purpose of this chapter, taking | 3373 |
into consideration the physical, climatological, and other | 3374 |
characteristics of the site; | 3375 |
(23) To the extent possible, using the best technology | 3376 |
currently available, minimize disturbances and adverse impacts of | 3377 |
the operation on fish, wildlife, and related environmental values, | 3378 |
and achieve enhancement of such resources where practicable; | 3379 |
(24) Provide for an undisturbed natural barrier beginning at | 3380 |
the elevation of the lowest coal seam to be mined and extending | 3381 |
from the outslope for such distance as the chief shall determine | 3382 |
to be retained in place as a barrier to slides and erosion. | 3383 |
(B)(1) The chief may permit mining operations for the | 3384 |
purposes set forth in division (B)(3) of this section. | 3385 |
(2) When an applicant meets the requirements of divisions | 3386 |
(B)(3) and (4) of this section, a permit without regard to the | 3387 |
requirement to restore to approximate original contour known as | 3388 |
mountain top removal set forth in divisions (A)(3) or (C)(2) and | 3389 |
(3) of this section may be granted for the mining of coal where | 3390 |
the mining operation will remove an entire coal seam or seams | 3391 |
running through the upper fraction of a mountain, ridge, or hill, | 3392 |
except as provided in division (B)(4)(a) of this section, by | 3393 |
removing all of the overburden and creating a level plateau or a | 3394 |
gently rolling contour with no highwalls remaining, and capable of | 3395 |
supporting postmining uses in accordance with this division. | 3396 |
(3) In cases where an industrial, commercial, agricultural, | 3397 |
residential, or public facility use, including recreational | 3398 |
facilities, is proposed for the postmining use of the affected | 3399 |
land, the chief may grant a permit for a mining operation of the | 3400 |
nature described in division (B)(2) of this section when all of | 3401 |
the following apply: | 3402 |
(a) After consultation with the appropriate land use planning | 3403 |
agencies, if any, the proposed postmining land use is considered | 3404 |
to constitute an equal or better economic or public use of the | 3405 |
affected land, as compared with premining use. | 3406 |
(b) The applicant presents specific plans for the proposed | 3407 |
postmining land use and appropriate assurances that the use will | 3408 |
be all of the following: | 3409 |
(i) Compatible with adjacent land uses; | 3410 |
(ii) Obtainable according to data regarding expected need and | 3411 |
market; | 3412 |
(iii) Assured of investment in necessary public facilities; | 3413 |
(iv) Supported by commitments from public agencies where | 3414 |
appropriate; | 3415 |
(v) Practicable with respect to private financial capability | 3416 |
for completion of the proposed use; | 3417 |
(vi) Planned pursuant to a schedule attached to the | 3418 |
reclamation plan so as to integrate the mining operation and | 3419 |
reclamation with the postmining land use; | 3420 |
(vii) Designed by a registered engineer in conformity with | 3421 |
professional standards established to ensure the stability, | 3422 |
drainage, and configuration necessary for the intended use of the | 3423 |
site. | 3424 |
(c) The proposed use is consistent with adjacent land uses | 3425 |
and existing state and local land use plans and programs. | 3426 |
(d) The chief provides the governing body of the unit of | 3427 |
general-purpose local government in which the land is located, and | 3428 |
any state or federal agency that the chief, in the chief's | 3429 |
discretion, determines to have an interest in the proposed use, an | 3430 |
opportunity of not more than sixty days to review and comment on | 3431 |
the proposed use. | 3432 |
(e) All other requirements of this chapter will be met. | 3433 |
(4) In granting a permit pursuant to this division, the chief | 3434 |
shall require that each of the following is met: | 3435 |
(a) The toe of the lowest coal seam and the overburden | 3436 |
associated with it are retained in place as a barrier to slides | 3437 |
and erosion. | 3438 |
(b) The reclaimed area is stable. | 3439 |
(c) The resulting plateau or rolling contour drains inward | 3440 |
from the outslopes except at specified points. | 3441 |
(d) No damage will be done to natural watercourses. | 3442 |
(e) Spoil will be placed on the mountaintop bench as is | 3443 |
necessary to achieve the planned postmining land use, except that | 3444 |
all excess spoil material not retained on the mountaintop bench | 3445 |
shall be placed in accordance with division (A)(21) of this | 3446 |
section. | 3447 |
(f) Stability of the spoil retained on the mountaintop bench | 3448 |
is ensured and the other requirements of this chapter are met. | 3449 |
(5) The chief shall adopt specific rules to govern the | 3450 |
granting of permits in accordance with divisions (B)(1) to (4) of | 3451 |
this section and may impose such additional requirements as the | 3452 |
chief considers necessary. | 3453 |
(6) All permits granted under divisions (B)(1) to (4) of this | 3454 |
section shall be reviewed not more than three years from the date | 3455 |
of issuance of the permit unless the applicant affirmatively | 3456 |
demonstrates that the proposed development is proceeding in | 3457 |
accordance with the terms of the approved schedule and reclamation | 3458 |
plan. | 3459 |
(C) All of the following performance standards apply to | 3460 |
steep-slope coal mining and are in addition to those general | 3461 |
performance standards required by this section, except that this | 3462 |
division does not apply to those situations in which an operator | 3463 |
is mining on flat or gently rolling terrain on which an occasional | 3464 |
steep slope is encountered through which the mining operation is | 3465 |
to proceed, leaving a plain or predominantly flat area, or where | 3466 |
an operator is in compliance with division (B) of this section: | 3467 |
(1) The operator shall ensure that when performing coal | 3468 |
mining on steep slopes, no debris, abandoned or disabled | 3469 |
equipment, spoil material, or waste mineral matter is placed on | 3470 |
the downslope below the bench or mining cut. Spoil material in | 3471 |
excess of that required for the reconstruction of the approximate | 3472 |
original contour under division (A)(3) or (C)(2) of this section | 3473 |
shall be permanently stored pursuant to division (A)(21) of this | 3474 |
section. | 3475 |
(2) The operator shall complete backfilling with spoil | 3476 |
material to cover completely the highwall and return the site to | 3477 |
the approximate original contour, which material will maintain | 3478 |
stability following mining and reclamation. | 3479 |
(3) The operator shall not disturb land above the top of the | 3480 |
highwall unless the chief finds that the disturbance will | 3481 |
facilitate compliance with the environmental protection standards | 3482 |
of this section, except that any such disturbance involving land | 3483 |
above the highwall shall be limited to that amount of land | 3484 |
necessary to facilitate compliance. | 3485 |
(D)(1) The chief may permit variances for the purposes set | 3486 |
forth in division (D)(3) of this section, provided that the | 3487 |
watershed control of the area is improved and that complete | 3488 |
backfilling with spoil material shall be required to cover | 3489 |
completely the highwall, which material will maintain stability | 3490 |
following mining and reclamation. | 3491 |
(2) Where an applicant meets the requirements of divisions | 3492 |
(D)(3) and (4) of this section, a variance from the requirement to | 3493 |
restore to approximate original contour set forth in division | 3494 |
(C)(2) of this section may be granted for the mining of coal when | 3495 |
the owner of the surface knowingly requests in writing, as a part | 3496 |
of the permit application, that such a variance be granted so as | 3497 |
to render the land, after reclamation, suitable for an industrial, | 3498 |
commercial, residential, or public use, including recreational | 3499 |
facilities, in accordance with divisions (D)(3) and (4) of this | 3500 |
section. | 3501 |
(3) A variance pursuant to division (D)(2) of this section | 3502 |
may be granted if: | 3503 |
(a) After consultation with the appropriate land use planning | 3504 |
agencies, if any, the potential use of the affected land is | 3505 |
considered to constitute an equal or better economic or public | 3506 |
use. | 3507 |
(b) The postmining land condition is designed and certified | 3508 |
by a registered professional engineer in conformity with | 3509 |
professional standards established to ensure the stability, | 3510 |
drainage, and configuration necessary for the intended use of the | 3511 |
site. | 3512 |
(c) After approval of the appropriate state environmental | 3513 |
agencies, the watershed of the affected land is considered to be | 3514 |
improved. | 3515 |
(4) In granting a variance pursuant to division (D) of this | 3516 |
section, the chief shall require that only such amount of spoil | 3517 |
will be placed off the mine bench as is necessary to achieve the | 3518 |
planned postmining land use, ensure stability of the spoil | 3519 |
retained on the bench, and meet all other requirements of this | 3520 |
chapter. All spoil placement off the mine bench shall comply with | 3521 |
division (A)(21) of this section. | 3522 |
(5) The chief shall adopt specific rules to govern the | 3523 |
granting of variances under division (D) of this section and may | 3524 |
impose such additional requirements as the chief considers | 3525 |
necessary. | 3526 |
(6) All variances granted under division (D) of this section | 3527 |
shall be reviewed not more than three years from the date of | 3528 |
issuance of the permit unless the permittee affirmatively | 3529 |
demonstrates that the proposed development is proceeding in | 3530 |
accordance with the terms of the reclamation plan. | 3531 |
(E) The chief shall establish standards and criteria | 3532 |
regulating the design, location, construction, operation, | 3533 |
maintenance, enlargement, modification, removal, and abandonment | 3534 |
of new and existing coal mine waste piles referred to in division | 3535 |
(A)(13) of this section and division (A)(5) of section 1513.35 of | 3536 |
the Revised Code. The standards and criteria shall conform to the | 3537 |
standards and criteria used by the chief of the United States army | 3538 |
corps of engineers to ensure that flood control structures are | 3539 |
safe and effectively perform their intended function. In addition | 3540 |
to engineering and other technical specifications, the standards | 3541 |
and criteria developed pursuant to this division shall include | 3542 |
provisions for review and approval of plans and specifications | 3543 |
prior to construction, enlargement, modification, removal, or | 3544 |
abandonment; performance of periodic inspections during | 3545 |
construction; issuance of certificates of approval upon completion | 3546 |
of construction; performance of periodic safety inspections; and | 3547 |
issuance of notices for required remedial or maintenance work. | 3548 |
(F)(1) The permittee may file a request with the chief for | 3549 |
release of a part of a performance | 3550 |
division (F)(3) of this section. Within thirty days after any | 3551 |
request for
| 3552 |
this section has been filed with the chief, the operator shall | 3553 |
submit a copy of an advertisement placed at least once a week for | 3554 |
four successive weeks in a newspaper of general circulation in the | 3555 |
locality of the coal mining operation. The advertisement shall be | 3556 |
considered part of
any | 3557 |
application and shall contain a notification of the precise | 3558 |
location of the land affected, the number of acres, the permit | 3559 |
number and the date approved, the amount of the | 3560 |
security filed and the portion sought to be released, the type and | 3561 |
appropriate dates of reclamation work performed, and a description | 3562 |
of the results achieved as they relate to the operator's approved | 3563 |
reclamation plan and, if applicable, the operator's pollution | 3564 |
abatement plan. In addition, as part of any | 3565 |
security release application, the applicant shall submit copies of | 3566 |
the letters sent to adjoining property owners, local governmental | 3567 |
bodies, planning agencies, and sewage and water treatment | 3568 |
authorities or water companies in the locality in which the coal | 3569 |
mining and reclamation activities took place, notifying them of | 3570 |
the
applicant's intention to seek release from the | 3571 |
performance security. | 3572 |
(2) Upon receipt of a copy of the advertisement and request | 3573 |
for release of a | 3574 |
division (F)(3)(c) of this section, the chief, within thirty days, | 3575 |
shall conduct an inspection and evaluation of the reclamation work | 3576 |
involved. The evaluation shall consider, among other things, the | 3577 |
degree of difficulty to complete any remaining reclamation, | 3578 |
whether pollution of surface and subsurface water is occurring, | 3579 |
the probability of continuation or future occurrence of the | 3580 |
pollution, and the estimated cost of abating the pollution. The | 3581 |
chief shall notify the permittee in writing of the decision to | 3582 |
release or not to release all or part of the performance | 3583 |
3584 | |
if no public hearing is held pursuant to division (F)(6) of this | 3585 |
section or, if there has been a public hearing held pursuant to | 3586 |
division (F)(6) of this section, within thirty days thereafter. | 3587 |
(3) The chief may release the | 3588 |
security if the
reclamation covered by the | 3589 |
performance security or portion thereof has been accomplished as | 3590 |
required by this chapter and rules adopted under it according to | 3591 |
the following schedule: | 3592 |
(a) When the operator completes the backfilling, regrading, | 3593 |
and drainage control of | 3594 |
security has been provided in accordance with the approved | 3595 |
reclamation plan, and, if the area covered
by
the | 3596 |
performance security is one for which an authorization was made | 3597 |
under division (E)(7) of section 1513.07 of the Revised Code, the | 3598 |
operator has complied with the approved pollution abatement plan | 3599 |
and all additional requirements established by the chief in rules | 3600 |
adopted under section 1513.02 of the Revised Code governing coal | 3601 |
mining and reclamation operations on pollution abatement areas, | 3602 |
the chief shall grant a release of fifty per cent of the | 3603 |
3604 |
(b) After resoiling and revegetation have been established on | 3605 |
the regraded mined lands in accordance with the approved | 3606 |
reclamation plan, the chief shall grant a release in an amount not | 3607 |
exceeding thirty-five per cent of the original | 3608 |
performance security for all or part of the affected area under | 3609 |
the permit.
When determining the amount of | 3610 |
security to be released after successful revegetation has been | 3611 |
established, the chief shall
retain that amount of | 3612 |
performance security for the revegetated area that would be | 3613 |
sufficient for a third party to cover the cost of reestablishing | 3614 |
revegetation for the period specified for operator responsibility | 3615 |
in this section for reestablishing revegetation. No part of the | 3616 |
3617 | |
division so long as the lands to which the release would be | 3618 |
applicable are contributing suspended solids to streamflow or | 3619 |
runoff outside the permit area in excess of the requirements of | 3620 |
this section or until soil productivity for prime farmlands has | 3621 |
returned to equivalent levels of yield as nonmined land of the | 3622 |
same soil type in the surrounding area under equivalent management | 3623 |
practices as determined from the soil survey performed pursuant to | 3624 |
section 1513.07 of the Revised Code. If the area covered by the | 3625 |
3626 | |
authorization was made under division (E)(7) of section 1513.07 of | 3627 |
the Revised Code, no part of the
| 3628 |
security shall be released under this division until the operator | 3629 |
has complied with the approved pollution abatement plan and all | 3630 |
additional requirements established by the chief in rules adopted | 3631 |
under section 1513.02 of the Revised Code governing coal mining | 3632 |
and reclamation operations on pollution abatement areas. Where a | 3633 |
silt dam is to be retained as a permanent impoundment pursuant to | 3634 |
division (A)(10) of this section, the portion of | 3635 |
security may be released under this division so long as provisions | 3636 |
for sound future maintenance by the operator or the landowner have | 3637 |
been made with the chief. | 3638 |
(c) When the operator has completed successfully all coal | 3639 |
mining and reclamation activities, including, if applicable, all | 3640 |
additional requirements established in the pollution abatement | 3641 |
plan approved under division (E)(7) of section 1513.07 of the | 3642 |
Revised Code and all additional requirements established by the | 3643 |
chief in rules adopted under section 1513.02 of the Revised Code | 3644 |
governing coal mining and reclamation operations on pollution | 3645 |
abatement areas, the chief shall release all or any of the | 3646 |
remaining portion of the | 3647 |
all or part of the affected area under a permit, but not before | 3648 |
the expiration of the period specified for operator responsibility | 3649 |
in this section, except that the chief may adopt rules for a | 3650 |
variance to the operator period of responsibility considering | 3651 |
vegetation success and probability of continued growth and consent | 3652 |
of the landowner,
provided that no | 3653 |
be fully released until all reclamation requirements of this | 3654 |
chapter are fully met. | 3655 |
(4) If the chief disapproves the application for release of | 3656 |
the | 3657 |
chief shall notify the permittee, in writing, stating the reasons | 3658 |
for disapproval and recommending corrective actions necessary to | 3659 |
secure the release, and allowing the opportunity for a public | 3660 |
adjudicatory hearing. | 3661 |
(5) When any application for total or partial | 3662 |
performance security release is filed with the chief under this | 3663 |
section, the chief shall notify the municipal corporation in which | 3664 |
the coal mining operation is located by certified mail at least | 3665 |
thirty days prior
to the release of all or a portion of the | 3666 |
performance security. | 3667 |
(6) A person with a valid legal interest that might be | 3668 |
adversely affected by release of a | 3669 |
this section or the responsible officer or head of any federal, | 3670 |
state, or local government agency that has jurisdiction by law or | 3671 |
special expertise with respect to any environmental, social, or | 3672 |
economic impact involved in the operation or is authorized to | 3673 |
develop and enforce environmental standards with respect to such | 3674 |
operations may file written objections to the proposed release | 3675 |
from the | 3676 |
days after the last publication of the notice required by division | 3677 |
(F)(1) of this section. If written objections are filed and an | 3678 |
informal conference is requested, the chief shall inform all | 3679 |
interested parties of the time and place of the conference. The | 3680 |
date, time, and location of the informal conference shall be | 3681 |
advertised by the chief in a newspaper of general circulation in | 3682 |
the locality of the coal
mining operation proposed for | 3683 |
performance security release for at least once a week for two | 3684 |
consecutive weeks. The informal conference shall be held in the | 3685 |
locality of the coal mining operation proposed for
| 3686 |
performance security release or in Franklin county, at the option | 3687 |
of the objector, within thirty days after the request for the | 3688 |
conference. An electronic or stenographic record shall be made of | 3689 |
the conference proceeding unless waived by all parties. The record | 3690 |
shall be maintained and shall be accessible to the parties until | 3691 |
final release of the performance | 3692 |
event all parties requesting the informal conference stipulate | 3693 |
agreement prior to the requested informal conference and withdraw | 3694 |
their request, the informal conference need not be held. | 3695 |
(7) If an informal conference has been held pursuant to | 3696 |
division (F)(6) of this section, the chief shall issue and furnish | 3697 |
the applicant and persons who participated in the conference with | 3698 |
the written decision regarding the release within sixty days after | 3699 |
the conference. Within thirty days after notification of the final | 3700 |
decision of the chief regarding the
| 3701 |
release, the applicant or any person with an interest that is or | 3702 |
may be adversely affected by the decision may appeal the decision | 3703 |
to the reclamation commission pursuant to section 1513.13 of the | 3704 |
Revised Code. | 3705 |
(8)(a) Except as provided in division (F)(8)(c) of this | 3706 |
section, if the chief determines that a permittee is responsible | 3707 |
for mine drainage that requires water treatment after reclamation | 3708 |
is completed under the terms of the permit or that a permittee | 3709 |
must provide an alternative water supply after reclamation is | 3710 |
completed under the terms of the permit, the permittee shall | 3711 |
provide alternative financial security in an amount determined by | 3712 |
the chief prior to the release of the remaining portion of | 3713 |
performance security under division (F)(3)(c) of this section. The | 3714 |
alternative financial security shall be in an amount that is equal | 3715 |
to or greater than the present value of the estimated cost over | 3716 |
time to develop and implement mine drainage plans and provide | 3717 |
water treatment or in an amount that is necessary to provide and | 3718 |
maintain an alternative water supply, as applicable. The | 3719 |
alternative financial security shall include a contract, trust, or | 3720 |
other agreement or mechanism that is enforceable under law to | 3721 |
provide long-term water treatment or a long-term alternative water | 3722 |
supply, or both. | 3723 |
(b) The chief shall adopt rules in accordance with Chapter | 3724 |
119. of the Revised Code that are necessary for the administration | 3725 |
of division (F)(8)(a) of this section. | 3726 |
(c) Division (F)(8)(a) of this section does not apply while | 3727 |
the chief's determination of a permittee's responsibility under | 3728 |
that division is the subject of a good faith administrative or | 3729 |
judicial appeal contesting the validity of the determination. If | 3730 |
after completion of the appeal there is an enforceable | 3731 |
administrative or judicial decision affirming or modifying the | 3732 |
chief's determination, the permittee shall provide the alternative | 3733 |
financial security in an amount established in the administrative | 3734 |
or judicial decision. | 3735 |
(9) Final release of the performance security in accordance | 3736 |
with division (F)(3)(c) of this section terminates the | 3737 |
jurisdiction of the chief under this chapter over the reclaimed | 3738 |
site of a surface coal mining and reclamation operation or | 3739 |
applicable portion of an operation. However, the chief shall | 3740 |
reassert jurisdiction over such a site if the release was based on | 3741 |
fraud, collusion, or misrepresentation of a material fact and the | 3742 |
chief, in writing, demonstrates evidence of the fraud, collusion, | 3743 |
or misrepresentation. Any person with an interest that is or may | 3744 |
be adversely affected by the chief's determination may appeal the | 3745 |
determination to the reclamation commission in accordance with | 3746 |
section 1513.13 of the Revised Code. | 3747 |
(G) The chief shall adopt rules governing the criteria for | 3748 |
forfeiture of | 3749 |
the forfeited amount, and the procedures to be followed in the | 3750 |
event of forfeiture. Cash received as the result of such | 3751 |
forfeiture is the property of the state. | 3752 |
Sec. 1513.17. (A) No person shall: | 3753 |
(1) Engage in coal mining or conduct a coal mining operation | 3754 |
without a permit issued by the chief of the division of mineral | 3755 |
resources management; | 3756 |
(2) Knowingly violate a condition or exceed the limits of a | 3757 |
permit; | 3758 |
(3) Knowingly fail to comply with an order of the chief | 3759 |
issued under this chapter; | 3760 |
(4) Knowingly violate any provision of this chapter not | 3761 |
specifically mentioned in this section; | 3762 |
(5) Knowingly make any false statement, representation, or | 3763 |
certification or knowingly fail to make any statement, | 3764 |
representation, or certification in any application, record, | 3765 |
report, plan, or other document filed or required to be maintained | 3766 |
under this chapter or under a final order or decision issued by | 3767 |
the chief; | 3768 |
(6) Knowingly prevent, hinder, delay, or otherwise obstruct | 3769 |
the operator from completing backfilling, grading, resoiling, | 3770 |
establishing successful vegetation, and meeting all other | 3771 |
reclamation requirements of this chapter prior to the final | 3772 |
release
of the operator's
| 3773 |
(B) Division (A)(1) of this section imposes strict criminal | 3774 |
liability. | 3775 |
Sec. 1513.171. (A) For the purpose of claiming a credit under | 3776 |
section 5749.11 of the Revised Code, an operator with a valid | 3777 |
permit issued under section 1513.07 of the Revised Code may submit | 3778 |
an application to the chief of the division of mineral resources | 3779 |
management to perform reclamation on land or water resources that | 3780 |
are not within the area of the applicant's permit and that have | 3781 |
been adversely affected by past coal mining for which the | 3782 |
performance security was forfeited. The chief shall provide the | 3783 |
application form. The application shall include all of the | 3784 |
following: | 3785 |
(1) The operator's name, address, and telephone number; | 3786 |
(2) The valid permit number of the operator; | 3787 |
(3) An identification of the area or areas to be reclaimed; | 3788 |
(4) An identification of the owner of the land; | 3789 |
(5) A reclamation plan that describes the work to be done to | 3790 |
reclaim the land or water resources. The plan shall include a | 3791 |
description of how the plan is consistent with local physical, | 3792 |
environmental, and climatological conditions and the measures to | 3793 |
be taken during the reclamation to ensure the protection of water | 3794 |
systems. | 3795 |
(6) An estimate of the total cost of the reclamation; | 3796 |
(7) An estimate of the timetables for accomplishing the | 3797 |
reclamation; | 3798 |
(8) Any other requirements that the chief prescribes by rule. | 3799 |
The chief shall approve, disapprove, or approve with | 3800 |
modifications the application concerning the proposed reclamation | 3801 |
work. If the chief approves the application, the applicant may | 3802 |
commence reclamation in accordance with the timetables included in | 3803 |
the application. Upon the completion of the reclamation to the | 3804 |
satisfaction of the chief, the chief shall issue a numbered | 3805 |
reclamation tax credit certificate showing the amount of the | 3806 |
credit and the identity of the recipient. Prior to the close of | 3807 |
the fiscal quarter in which the tax credit certificate is issued, | 3808 |
the chief shall certify to the tax commissioner the amount of the | 3809 |
credit and the identity of the recipient. | 3810 |
(B) The chief shall determine the amount of the credit in | 3811 |
accordance with this section and rules adopted under it. The | 3812 |
amount of the credit shall be equal to the cost that the division | 3813 |
of mineral resources management would have expended from the | 3814 |
reclamation forfeiture fund created in section 1513.18 of the | 3815 |
Revised Code to complete the reclamation. | 3816 |
(C) The chief shall adopt rules in accordance with Chapter | 3817 |
119. of the Revised Code that are necessary to administer this | 3818 |
section. The rules shall establish all of the following: | 3819 |
(1) A procedure that the chief shall use to determine the | 3820 |
amount of the credit issued under this section; | 3821 |
(2) A procedure by which the chief may obtain consent of the | 3822 |
owners of land or water resources to allow reclamation work for | 3823 |
purposes of this section; | 3824 |
(3) A procedure for delivery of notice to the owners of land | 3825 |
or water resources on which the reclamation work is to be | 3826 |
performed. The rules shall require the notice to include the date | 3827 |
on which the reclamation work is scheduled to begin. | 3828 |
Sec. 1513.18. (A) All money that becomes the property of the | 3829 |
state under division (G) of section 1513.16 of the Revised Code | 3830 |
shall be deposited in the reclamation forfeiture fund, which is | 3831 |
hereby created in the state treasury. Disbursements from the fund | 3832 |
shall be made by the chief of the division of mineral resources | 3833 |
management for the purpose of reclaiming areas of land affected by | 3834 |
coal mining under a coal mining and reclamation permit issued on | 3835 |
or after September 1, 1981, on which an operator has defaulted. | 3836 |
(B) The fund also shall consist of | 3837 |
3838 | |
3839 | |
section 1513.081 of the Revised Code, any moneys transferred to it | 3840 |
under section 1513.181 of the Revised Code from the coal mining | 3841 |
and reclamation reserve fund created in that section, fines | 3842 |
collected under division (E) of section 1513.02 and section | 3843 |
1513.99 of the Revised Code, fines collected for a violation of | 3844 |
section 2921.31 of the Revised Code that, prior to July 1, 1996, | 3845 |
would have been a violation of division (G) of section 1513.17 of | 3846 |
the Revised Code as it existed prior to that date, and moneys | 3847 |
collected and credited to it pursuant to section 5749.02 of the | 3848 |
Revised Code. Disbursements from the fund shall be made by the | 3849 |
chief in accordance with division (D) of this section for the | 3850 |
purpose of reclaiming areas that an operator has affected by | 3851 |
mining and failed to reclaim under a coal mining and reclamation | 3852 |
permit issued under this chapter or under a surface mining permit | 3853 |
issued under
Chapter 1514. of the
Revised
Code. | 3854 |
3855 | |
3856 | |
3857 | |
3858 |
The chief may expend moneys from the fund to pay necessary | 3859 |
administrative costs, including engineering and design services, | 3860 |
incurred by the division of mineral resources management in | 3861 |
reclaiming these areas. The chief also may expend moneys from the | 3862 |
fund to pay necessary administrative costs of the reclamation | 3863 |
forfeiture fund advisory board created in section 1513.182 of the | 3864 |
Revised Code as authorized by the board under that section. | 3865 |
Expenditures from the fund to pay such administrative costs need | 3866 |
not be made under contract. | 3867 |
| 3868 |
3869 | |
3870 | |
3871 | |
3872 | |
3873 | |
3874 |
(C) Except when paying necessary administrative costs | 3875 |
authorized by division (B) of this section, expenditures from the | 3876 |
fund shall be made under contracts entered into by the chief, with | 3877 |
the approval of the director of natural resources, in accordance | 3878 |
with procedures established by the chief, by rules adopted in | 3879 |
accordance with section 1513.02 of the Revised Code. The chief | 3880 |
may reclaim the land in the same manner as set forth in sections | 3881 |
1513.21 to 1513.24 of the Revised Code. Each contract awarded by | 3882 |
the chief shall be awarded to the lowest responsive and | 3883 |
responsible bidder, in accordance with section 9.312 of the | 3884 |
Revised Code, after sealed bids are received, opened, and | 3885 |
published at the time and place fixed by the chief. The chief | 3886 |
shall publish notice of the time and place at which bids will be | 3887 |
received, opened, and published, at least once and at least ten | 3888 |
days before the date of the opening of the bids, in a newspaper of | 3889 |
general circulation in the county in which the area of land to be | 3890 |
reclaimed under the contract is located. If, after advertising, no | 3891 |
bids are received at the time and place fixed for receiving them, | 3892 |
the chief may advertise again for bids, or, if the chief considers | 3893 |
the public interest will best be served, the chief may enter into | 3894 |
a contract for the reclamation of the area of land without further | 3895 |
advertisement for bids. The chief may reject any or all bids | 3896 |
received and again publish notice of the time and place at which | 3897 |
bids for contracts will be received, opened, and published. The | 3898 |
chief, with the approval of the director, may enter into a | 3899 |
contract with the landowner, a coal mine operator or surface mine | 3900 |
operator mining under a current, valid permit issued under this | 3901 |
chapter or Chapter 1514. of the Revised Code, or a contractor | 3902 |
hired by the surety or trustee, if the performance security is | 3903 |
held in trust, to complete reclamation to carry out reclamation on | 3904 |
land affected by coal mining on which an operator has defaulted | 3905 |
without advertising for bids. | 3906 |
(D) | 3907 |
credited to the reclamation forfeiture fund from the forfeiture of | 3908 |
the | 3909 |
3910 | |
3911 | |
3912 | |
3913 | |
3914 | |
3915 | |
3916 | |
reclamation | 3917 |
land. | 3918 |
(2) If the performance security for the area of land was | 3919 |
provided under division (C)(1) 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. | 3924 |
(3) If the performance security for the area of land was | 3925 |
provided under division (C)(2) of section 1513.08 of the Revised | 3926 |
Code, the chief shall use the money from the forfeited performance | 3927 |
security to complete the reclamation that the operator failed to | 3928 |
do under the operator's applicable coal mining and reclamation | 3929 |
permit issued under this chapter. If the money credited to the | 3930 |
reclamation forfeiture fund from the forfeiture of the performance | 3931 |
security provided under division (C)(2) of section 1513.08 of the | 3932 |
Revised Code is not sufficient to complete the reclamation, the | 3933 |
chief shall notify the reclamation forfeiture fund advisory board | 3934 |
of the amount of the insufficiency. The chief may expend money | 3935 |
credited to the reclamation forfeiture fund under section 5749.02 | 3936 |
of the Revised Code or transferred to the fund under section | 3937 |
1513.181 of the Revised Code to complete the reclamation. The | 3938 |
chief shall not expend money from the fund in an amount that | 3939 |
exceeds the difference between the amount of the performance | 3940 |
security provided under division (C)(2) of section 1513.08 of the | 3941 |
Revised Code and the estimated cost of reclamation as determined | 3942 |
by the chief under divisions (B) and (E) of that section. | 3943 |
(4) Money from the reclamation forfeiture fund shall not be | 3944 |
used for reclamation of land or water resources affected by | 3945 |
material damage from subsidence, mine drainage that requires | 3946 |
extended water treatment after reclamation is completed under the | 3947 |
terms of the permit, or coal preparation plants or coal refuse | 3948 |
disposal areas not located within a permitted area of a mine if | 3949 |
performance security for the area of land was provided under | 3950 |
division (C)(2) of section 1513.08 of the Revised Code. | 3951 |
(E) The chief shall keep a detailed accounting of the | 3952 |
expenditures from the reclamation forfeiture fund to complete | 3953 |
reclamation of the land and, upon completion of the reclamation, | 3954 |
shall certify the expenditures to the attorney general. Upon the | 3955 |
chief's certification of the expenditures from the reclamation | 3956 |
forfeiture fund, the attorney general shall bring an action for | 3957 |
that amount of money. The operator is liable for that expense in | 3958 |
addition to any other liabilities imposed by law. Moneys so | 3959 |
recovered shall be credited to the reclamation forfeiture fund. | 3960 |
The chief shall not postpone the reclamation because of any action | 3961 |
brought by the attorney general under this division. Prior to | 3962 |
completing reclamation, the chief may collect through the attorney | 3963 |
general any additional amount that the chief believes will be | 3964 |
necessary for reclamation in
excess of the forfeited | 3965 |
performance security amount applicable to the land that the | 3966 |
operator should have, but failed to, reclaim. | 3967 |
(F) | 3968 |
section, if any part of the moneys in the reclamation forfeiture | 3969 |
fund remains in the fund after the chief has caused the area of | 3970 |
land to be reclaimed and has paid all the reclamation costs and | 3971 |
expenses, the chief may expend those moneys to complete other | 3972 |
reclamation work performed under this section on forfeiture areas | 3973 |
affected under a coal mining and reclamation permit issued on or | 3974 |
after September 1, 1981. | 3975 |
(G) The chief shall require every contractor performing | 3976 |
reclamation work pursuant to this section to pay workers at the | 3977 |
greater of their regular rate of pay, as established by contract, | 3978 |
agreement, or prior custom or practice, or the average wage rate | 3979 |
paid in this state for the same or similar work as determined by | 3980 |
the chief under section 1513.02 of the Revised Code. | 3981 |
(H) All investment earnings of the fund shall be credited to | 3982 |
the fund and shall be used only for the reclamation of land for | 3983 |
which performance security was provided under division (C)(2) of | 3984 |
section 1513.08 of the Revised Code. | 3985 |
Sec. 1513.181. There is hereby created in the state treasury | 3986 |
the coal mining administration and reclamation reserve fund. The | 3987 |
fund shall be used for the administration and enforcement of this | 3988 |
chapter. The chief of the division of mineral resources management | 3989 |
may transfer not more than one million dollars annually from the | 3990 |
fund to the reclamation forfeiture fund created in section 1513.18 | 3991 |
of the Revised Code to complete reclamation of lands affected by | 3992 |
coal mining under a
permit issued under this chapter | 3993 |
3994 | |
3995 | |
for
which the operator's | 3996 |
to complete the reclamation. Within ten days before or after the | 3997 |
beginning of each calendar quarter, the chief may certify to the | 3998 |
director of budget and management the amount of money needed to | 3999 |
perform such reclamation during the quarter for transfer from the | 4000 |
coal mining administration and reclamation reserve fund to the | 4001 |
reclamation forfeiture fund. | 4002 |
| 4003 |
4004 | |
4005 | |
4006 | |
4007 | |
4008 | |
4009 |
If the director of natural resources determines it to be | 4010 |
necessary, the director may request the controlling board to | 4011 |
transfer an amount of money from the coal mining administration | 4012 |
and reclamation reserve fund to the unreclaimed lands fund created | 4013 |
in section 1513.30 of the Revised Code. | 4014 |
Sec. 1513.182. (A) There is hereby created the reclamation | 4015 |
forfeiture fund advisory board consisting of the director of | 4016 |
natural resources, the director of insurance, and seven members | 4017 |
appointed by the governor with the advice and consent of the | 4018 |
senate. Of the governor's appointments, one shall be a certified | 4019 |
public accountant, one shall be a registered professional engineer | 4020 |
with experience in reclamation of mined land, two shall represent | 4021 |
agriculture, agronomy, or forestry, one shall be a representative | 4022 |
of operators of coal mining operations that have valid permits | 4023 |
issued under this chapter and that have provided performance | 4024 |
security under division (C)(1) of section 1513.08 of the Revised | 4025 |
Code, one shall be a representative of operators of coal mining | 4026 |
operations that have valid permits issued under this chapter and | 4027 |
that have provided performance security under division (C)(2) of | 4028 |
section 1513.08 of the Revised Code, and one shall be a | 4029 |
representative of the public. | 4030 |
Of the original members appointed by the governor, two shall | 4031 |
serve an initial term of two years, three an initial term of three | 4032 |
years, and two an initial term of four years. Thereafter, terms of | 4033 |
appointed members shall be for four years, with each term ending | 4034 |
on the same date as the original date of appointment. An appointed | 4035 |
member shall hold office from the date of appointment until the | 4036 |
end of the term for which the member was appointed. Vacancies | 4037 |
shall be filled in the same manner as original appointments. A | 4038 |
member appointed to fill a vacancy occurring prior to the | 4039 |
expiration of the term for which the member's predecessor was | 4040 |
appointed shall hold office for the remainder of that term. A | 4041 |
member shall continue in office subsequent to the expiration date | 4042 |
of the member's term until the member's successor takes office or | 4043 |
until a period of sixty days has elapsed, whichever occurs first. | 4044 |
The governor may remove an appointed member of the board for | 4045 |
misfeasance, nonfeasance, or malfeasance. | 4046 |
The directors of natural resources and insurance shall not | 4047 |
receive compensation for serving on the board, but shall be | 4048 |
reimbursed for the actual and necessary expenses incurred in the | 4049 |
performance of their duties as members of the board. The members | 4050 |
appointed by the governor shall receive per diem compensation | 4051 |
fixed pursuant to division (J) of section 124.15 of the Revised | 4052 |
Code and reimbursement for the actual and necessary expenses | 4053 |
incurred in the performance of their duties. | 4054 |
(B) The board annually shall elect from among its members a | 4055 |
chairperson, a vice-chairperson, and a secretary to record the | 4056 |
board's meetings. | 4057 |
(C) The board shall hold meetings as often as necessary as | 4058 |
the chairperson or a majority of the members determines. | 4059 |
(D) The board shall establish procedures for conducting | 4060 |
meetings and for the election of its chairperson, | 4061 |
vice-chairperson, and secretary. | 4062 |
(E) The board shall do all of the following: | 4063 |
(1) Review the deposits into and expenditures from the | 4064 |
reclamation forfeiture fund created in section 1513.18 of the | 4065 |
Revised Code; | 4066 |
(2) Retain periodically a qualified actuary to perform an | 4067 |
actuarial study of the reclamation forfeiture fund; | 4068 |
(3) Based on an actuarial study and as determined necessary | 4069 |
by the board, adopt rules in accordance with Chapter 119. of the | 4070 |
Revised Code to adjust the rate of the tax levied under division | 4071 |
(A)(8) of section 5749.02 of the Revised Code and the balance of | 4072 |
the reclamation forfeiture fund that pertains to that rate; | 4073 |
(4) Evaluate any rules, procedures, and methods for | 4074 |
estimating the cost of reclamation for purposes of determining the | 4075 |
amount of performance security that is required under section | 4076 |
1513.08 of the Revised Code; the collection of forfeited | 4077 |
performance security; payments to the reclamation forfeiture fund; | 4078 |
reclamation of sites for which operators have forfeited the | 4079 |
performance security; and the compliance of operators with their | 4080 |
reclamation plans; | 4081 |
(5) Provide a forum for discussion of issues related to the | 4082 |
reclamation forfeiture fund and the performance security that is | 4083 |
required under section 1513.08 of the Revised Code; | 4084 |
(6) Submit a report biennially to the governor that describes | 4085 |
the financial status of the reclamation forfeiture fund and the | 4086 |
adequacy of the amount of money in the fund to accomplish the | 4087 |
purposes of the fund and that may discuss any matter related to | 4088 |
the performance security that is required under section 1513.08 of | 4089 |
the Revised Code; | 4090 |
(7) Make recommendations to the governor, if necessary, of | 4091 |
alternative methods of providing money for or using money in the | 4092 |
reclamation forfeiture fund and issues related to the reclamation | 4093 |
of land or water resources that have been adversely affected by | 4094 |
past coal mining for which the performance security was forfeited; | 4095 |
(8) Adopt rules in accordance with Chapter 119. of the | 4096 |
Revised Code that are necessary to administer this section. | 4097 |
Sec. 1513.29. There is hereby created the council on | 4098 |
unreclaimed strip mined lands. Its members are the chief of the | 4099 |
division of mineral resources management, four persons appointed | 4100 |
by the director of natural resources, two members of the house of | 4101 |
representatives appointed by the speaker of the house of | 4102 |
representatives, one member of the house of representatives | 4103 |
appointed by the minority leader of the house of representatives, | 4104 |
two members of the senate appointed by the president of the | 4105 |
senate, and one member of the senate appointed by the minority | 4106 |
leader of the senate. | 4107 |
Members who are members of the general assembly shall serve | 4108 |
terms of four years or until their legislative terms end, | 4109 |
whichever is sooner. Members appointed by the director shall serve | 4110 |
terms of four years, except that the terms of the first four | 4111 |
members shall be for two and four years, as designated by the | 4112 |
director. Any vacancy in the office of a member of the council | 4113 |
shall be filled by the appointing authority for the unexpired term | 4114 |
of the member whose office will be vacant. The appointing | 4115 |
authority may at any time remove a member of the council for | 4116 |
misfeasance, nonfeasance, malfeasance, or conflict of interest in | 4117 |
office. | 4118 |
The council shall hold | 4119 |
4120 | |
the call of the chairperson or a majority of the members. The | 4121 |
council shall annually elect from among its members a chairperson, | 4122 |
a vice-chairperson, and a secretary to keep a record of its | 4123 |
proceedings. | 4124 |
The council shall gather information, study, and make | 4125 |
recommendations concerning the number of acres, location, | 4126 |
ownership, condition, environmental damage resulting from the | 4127 |
condition, cost of acquiring, reclaiming, and possible future uses | 4128 |
and value of eroded lands within the state, including land | 4129 |
affected by strip mining for which no cash is held in the | 4130 |
4131 | |
the Revised Code. | 4132 |
The council may employ such staff and hire such consultants | 4133 |
as necessary to perform its duties. Members appointed by the | 4134 |
director and, notwithstanding section 101.26 of the Revised Code, | 4135 |
members who are members of the general assembly, when engaged in | 4136 |
their official duties as members of the council, shall be | 4137 |
compensated on a per diem basis in accordance with division (J) of | 4138 |
section 124.15 of the Revised Code. Members shall be reimbursed | 4139 |
for their necessary expenses. Expenses incurred by the council and | 4140 |
compensation provided under this section shall be paid by the | 4141 |
chief | 4142 |
unreclaimed lands fund created in section 1513.30 of the Revised | 4143 |
Code. | 4144 |
The council shall report its findings and recommendations to | 4145 |
the governor and the general assembly not later than January 1, | 4146 |
1974, and biennially thereafter. | 4147 |
Sec. 1513.30. There is hereby created in the state treasury | 4148 |
the unreclaimed lands fund, to be administered by the chief of the | 4149 |
division of mineral resources management and used for the purpose | 4150 |
of reclaiming land, public or private, affected by mining, or | 4151 |
controlling mine drainage, for which no cash is held in the | 4152 |
reclamation forfeiture fund created in section 1513.18 of the | 4153 |
Revised Code or the surface mining fund created in section 1514.06 | 4154 |
of the Revised Code and also for the purpose of paying the | 4155 |
expenses and compensation of the council on unreclaimed strip | 4156 |
mined lands as required by section 1513.29 of the Revised Code. | 4157 |
In order to direct expenditures from the unreclaimed lands | 4158 |
fund toward reclamation projects that fulfill priority needs and | 4159 |
provide the greatest public benefits, the chief periodically shall | 4160 |
submit to the council project proposals to be financed from the | 4161 |
unreclaimed lands fund, together with benefit and cost data and | 4162 |
other pertinent information. For the purpose of selecting project | 4163 |
areas and determining the boundaries of project areas, the council | 4164 |
shall consider the feasibility, cost, and public benefits of | 4165 |
reclaiming the areas, their potential for being mined, the | 4166 |
availability of federal or other financial assistance for | 4167 |
reclamation, and the geographic distribution of project areas to | 4168 |
ensure fair distribution among affected areas. | 4169 |
The council shall give priority to areas where there is | 4170 |
little or no likelihood of mining within the foreseeable future, | 4171 |
reclamation is feasible at reasonable cost with available funds, | 4172 |
and either of the following applies: | 4173 |
(A) The pollution of the waters of the state and damage to | 4174 |
adjacent property are most severe and widespread | 4175 |
(B) Reclamation will make possible public uses for soil, | 4176 |
water, forest, or wildlife conservation or public recreation | 4177 |
purposes, will facilitate orderly commercial or industrial site | 4178 |
development, or will facilitate the use or improve the enjoyment | 4179 |
of nearby public conservation or recreation lands. | 4180 |
| 4181 |
4182 | |
4183 | |
4184 | |
4185 | |
4186 | |
4187 | |
4188 | |
4189 | |
4190 | |
4191 |
Expenditures from the unreclaimed lands fund for reclamation | 4192 |
projects may be made only for projects that are within the | 4193 |
boundaries of project areas approved by the council, and | 4194 |
expenditures for a particular project may not exceed any | 4195 |
applicable limits set by the council. Expenditures from the | 4196 |
unreclaimed lands fund shall be made by the chief, with the | 4197 |
approval of the director of natural resources. | 4198 |
| 4199 |
4200 | |
4201 | |
4202 |
The chief may expend an amount not to exceed twenty per cent | 4203 |
of the moneys credited annually by the treasurer of state to the | 4204 |
unreclaimed lands fund for the purpose of administering the fund. | 4205 |
The chief may engage in cooperative projects under this | 4206 |
section with any agency of the United States, appropriate state | 4207 |
agencies, or state universities or colleges as defined in section | 4208 |
3345.27 of the Revised Code and may transfer money from the fund, | 4209 |
with the approval of the council, to other appropriate state | 4210 |
agencies or to state universities or colleges in order to carry | 4211 |
out the reclamation activities authorized by this section. | 4212 |
If the director of natural resources determines it to be | 4213 |
necessary, the director may request the controlling board to | 4214 |
transfer an amount of money from the fund to the coal mining | 4215 |
administration and reclamation reserve fund created in section | 4216 |
1513.181 of the Revised Code. | 4217 |
Sec. 1513.37. (A) There is hereby created in the state | 4218 |
treasury the abandoned mine reclamation fund, which shall be | 4219 |
administered by the chief of the division of mineral resources | 4220 |
management. The fund shall consist of grants from the secretary of | 4221 |
the interior from the federal abandoned mine reclamation fund | 4222 |
established by Title IV of the "Surface Mining Control and | 4223 |
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201, | 4224 |
regulations adopted under it, and amendments to the act and | 4225 |
regulations. Expenditures from the abandoned mine reclamation | 4226 |
fund shall be made by the chief for the following purposes: | 4227 |
(1) Reclamation and restoration of land and water resources | 4228 |
adversely affected by past coal mining, including, but not limited | 4229 |
to, reclamation and restoration of abandoned strip mine areas, | 4230 |
abandoned coal processing areas, and abandoned coal refuse | 4231 |
disposal areas; sealing and filling of abandoned deep mine entries | 4232 |
and voids; planting of land adversely affected by past coal | 4233 |
mining; prevention of erosion and sedimentation; prevention, | 4234 |
abatement, treatment, and control of water pollution created by | 4235 |
coal mine drainage, including restoration of streambeds and | 4236 |
construction and operation of water treatment plants; prevention, | 4237 |
abatement, and control of burning coal refuse disposal areas and | 4238 |
burning coal in situ; and prevention, abatement, and control of | 4239 |
coal mine subsidence; | 4240 |
(2) Acquisition and filling of voids and sealing of tunnels, | 4241 |
shafts, and entryways of noncoal lands; | 4242 |
(3) Acquisition of land as provided for in this section; | 4243 |
(4) Administrative expenses incurred in accomplishing the | 4244 |
purposes of this section; | 4245 |
(5) All other necessary expenses to accomplish the purposes | 4246 |
of this section. | 4247 |
(B) Expenditures of moneys from the fund on land and water | 4248 |
eligible pursuant to division (C) of this section shall reflect | 4249 |
the following priorities in the order stated: | 4250 |
(1) The protection of public health, safety, general welfare, | 4251 |
and property from extreme danger of adverse effects of coal mining | 4252 |
practices; | 4253 |
(2) The protection of public health, safety, and general | 4254 |
welfare from adverse effects of coal mining practices; | 4255 |
(3) The restoration of land and water resources and the | 4256 |
environment previously degraded by adverse effects of coal mining | 4257 |
practices, including measures for the conservation and development | 4258 |
of soil and water (excluding channelization), woodland, fish and | 4259 |
wildlife, recreation resources, and agricultural productivity; | 4260 |
(4) Research and demonstration projects relating to the | 4261 |
development of coal mining reclamation and water quality control | 4262 |
program methods and techniques; | 4263 |
(5) The protection, repair, replacement, construction, or | 4264 |
enhancement of public facilities such as utilities, roads, | 4265 |
recreation facilities, and conservation facilities adversely | 4266 |
affected by coal mining practices; | 4267 |
(6) The development of publicly owned land adversely affected | 4268 |
by coal mining practices, including land acquired as provided in | 4269 |
this section for recreation and historic purposes, conservation | 4270 |
and reclamation purposes, and open space benefits. | 4271 |
(C)(1) Lands and water eligible for reclamation or drainage | 4272 |
abatement expenditures under this section are those that were | 4273 |
mined for coal or were affected by such mining, wastebanks, coal | 4274 |
processing, or other coal mining processes and that meet one of | 4275 |
the following criteria: | 4276 |
(a) Are lands that were abandoned or left in an inadequate | 4277 |
reclamation status prior to August 3, 1977, and for which there is | 4278 |
no continuing reclamation responsibility under state or federal | 4279 |
laws; | 4280 |
(b) Are lands for which the chief finds that surface coal | 4281 |
mining operations occurred at any time between August 4, 1977, and | 4282 |
August 16, 1982, and that any moneys for reclamation or abatement | 4283 |
that are available pursuant to a bond, performance security, or | 4284 |
other form of financial guarantee or from any other source are not | 4285 |
sufficient to provide for adequate reclamation or abatement at the | 4286 |
site; | 4287 |
(c) Are lands for which the chief finds that surface coal | 4288 |
mining operations occurred at any time between August 4, 1977, and | 4289 |
November 5, 1990, that the surety of the mining operator became | 4290 |
insolvent during that time, and that, as of November 5, 1990, any | 4291 |
moneys immediately available from proceedings relating to that | 4292 |
insolvency or from any financial guarantee or other source are not | 4293 |
sufficient to provide for adequate reclamation or abatement at the | 4294 |
site. | 4295 |
(2) In determining which sites to reclaim pursuant to | 4296 |
divisions (C)(1)(b) and (c) of this section, the chief shall | 4297 |
follow the priorities stated in divisions (B)(1) and (2) of this | 4298 |
section and shall ensure that priority is given to those sites | 4299 |
that are in the immediate vicinity of a residential area or that | 4300 |
have an adverse economic impact on a local community. | 4301 |
(3) Surface coal mining operations on lands eligible for | 4302 |
remining shall not affect the eligibility of those lands for | 4303 |
reclamation and restoration under this section after the release | 4304 |
of the bond, performance security, or other form of financial | 4305 |
guarantee for any such operation as provided under division (F) of | 4306 |
section 1513.16 of the Revised Code. If the bond, performance | 4307 |
security, or other form of financial guarantee for a surface coal | 4308 |
mining operation on lands eligible for remining is forfeited, | 4309 |
moneys available under this section may be used if the amount of | 4310 |
the bond, performance security, or other form of financial | 4311 |
guarantee is not sufficient to provide for adequate reclamation or | 4312 |
abatement, except that if conditions warrant, the chief | 4313 |
immediately shall exercise the authority granted under division | 4314 |
(L) of this section. | 4315 |
(D) The chief may submit to the secretary of the interior a | 4316 |
state reclamation plan and annual projects to carry out the | 4317 |
purposes of this section. | 4318 |
(1) The reclamation plan generally shall identify the areas | 4319 |
to be reclaimed, the purposes for which the reclamation is | 4320 |
proposed, the relationship of the lands to be reclaimed and the | 4321 |
proposed reclamation to surrounding areas, the specific criteria | 4322 |
for ranking and identifying projects to be funded, and the legal | 4323 |
authority and programmatic capability to perform the work in | 4324 |
accordance with this section. | 4325 |
(2) On an annual basis, the chief may submit to the secretary | 4326 |
an application for support of the abandoned mine reclamation fund | 4327 |
and implementation of specific reclamation projects. The annual | 4328 |
requests shall include such information as may be requested by the | 4329 |
secretary. | 4330 |
Before submitting an annual application to the secretary, the | 4331 |
chief first shall submit it to the council on unreclaimed strip | 4332 |
mined lands for review and approval by the council. The chief | 4333 |
shall not submit such an application to the secretary until it has | 4334 |
been approved by the council. The chief shall submit applications | 4335 |
for administrative costs, imminent hazards, or emergency projects | 4336 |
to the council for review. | 4337 |
(3) The costs for each proposed project under this section | 4338 |
shall include actual construction costs, actual operation and | 4339 |
maintenance costs of permanent facilities, planning and | 4340 |
engineering costs, construction inspection costs, and other | 4341 |
necessary administrative expenses. | 4342 |
(4) Before making any expenditure of funds from the fund to | 4343 |
implement any specific reclamation project under this section, the | 4344 |
chief first shall submit to the council a project proposal and any | 4345 |
other pertinent information regarding the project requested by the | 4346 |
council for review and approval of the specific project by the | 4347 |
council. | 4348 |
(5) The chief may submit annual and other reports required by | 4349 |
the secretary when funds are provided by the secretary under Title | 4350 |
IV of the "Surface Mining Control and Reclamation Act of 1977," 91 | 4351 |
Stat. 445, 30 U.S.C.A. 1201, regulations adopted under it, and | 4352 |
amendments to the act and regulations. | 4353 |
(E)(1) There is hereby created in the state treasury the acid | 4354 |
mine drainage abatement and treatment fund, which shall be | 4355 |
administered by the chief. The fund shall consist of grants from | 4356 |
the secretary of the interior from the federal abandoned mine | 4357 |
reclamation fund pursuant to section 402(g)(6) of Title IV of the | 4358 |
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. | 4359 |
445, 30 U.S.C.A. 1201. All investment earnings of the fund shall | 4360 |
be credited to the fund. | 4361 |
(2) The chief shall make expenditures from the fund, in | 4362 |
consultation with the United States department of agriculture, | 4363 |
soil conservation service, to implement acid mine drainage | 4364 |
abatement and treatment plans approved by the secretary. The plans | 4365 |
shall provide for the comprehensive abatement of the causes and | 4366 |
treatment of the effects of acid mine drainage within qualified | 4367 |
hydrologic units affected by coal mining practices and shall | 4368 |
include at least all of the following: | 4369 |
(a) An identification of the qualified hydrologic unit. As | 4370 |
used in division (E) of this section, "qualified hydrologic unit" | 4371 |
means a hydrologic unit that meets all of the following criteria: | 4372 |
(i) The water quality in the unit has been significantly | 4373 |
affected by acid mine drainage from coal mining practices in a | 4374 |
manner that has an adverse impact on biological resources. | 4375 |
(ii) The unit contains lands and waters that meet the | 4376 |
eligibility requirements established under division (C) of this | 4377 |
section and any of the priorities established in divisions (B)(1) | 4378 |
to (3) of this section. | 4379 |
(iii) The unit contains lands and waters that are proposed to | 4380 |
be the subject of expenditures from the reclamation forfeiture | 4381 |
fund created in section 1513.18 of the Revised Code or the | 4382 |
unreclaimed lands fund created in section 1513.30 of the Revised | 4383 |
Code. | 4384 |
(b) The extent to which acid mine drainage is affecting the | 4385 |
water quality and biological resources within the hydrologic unit; | 4386 |
(c) An identification of the sources of acid mine drainage | 4387 |
within the hydrologic unit; | 4388 |
(d) An identification of individual projects and the measures | 4389 |
proposed to be undertaken to abate and treat the causes or effects | 4390 |
of acid mine drainage within the hydrologic unit; | 4391 |
(e) The cost of undertaking the proposed abatement and | 4392 |
treatment measures; | 4393 |
(f) An identification of existing and proposed sources of | 4394 |
funding for those measures; | 4395 |
(g) An analysis of the cost-effectiveness and environmental | 4396 |
benefits of abatement and treatment measures. | 4397 |
(3) The chief may make grants of moneys from the acid mine | 4398 |
drainage abatement and treatment fund to watershed groups for | 4399 |
conducting projects to accomplish the purposes of this section. A | 4400 |
grant may be made in an amount equal to not more than fifty per | 4401 |
cent of each of the following: | 4402 |
(a) Reasonable and necessary expenses for the collection and | 4403 |
analysis of data sufficient to do either or both of the following: | 4404 |
(i) Identify a watershed as a qualified hydrologic unit; | 4405 |
(ii) Monitor the quality of water in a qualified hydrologic | 4406 |
unit before, during, and at any time after completion of the | 4407 |
project by the watershed group. | 4408 |
(b) Engineering design costs and construction costs involved | 4409 |
in the project, provided that the project is conducted in a | 4410 |
qualified hydrologic unit and the chief considers the project to | 4411 |
be a priority. | 4412 |
A watershed group that wishes to obtain a grant under | 4413 |
division (E)(3) of this section shall submit an application to the | 4414 |
chief on forms provided by the division of mineral resources | 4415 |
management, together with detailed estimates and timetables for | 4416 |
accomplishing the stated goals of the project and any other | 4417 |
information that the chief requires. | 4418 |
For the purposes of establishing priorities for awarding | 4419 |
grants under division (E)(3) of this section, the chief shall | 4420 |
consider each project's feasibility, cost-effectiveness, and | 4421 |
environmental benefit, together with the availability of matching | 4422 |
funding, including in-kind services, for the project. | 4423 |
The chief shall enter into a contract for funding with each | 4424 |
applicant awarded a grant to ensure that the moneys granted are | 4425 |
used for the purposes of this section and that the work that the | 4426 |
project involves is done properly. The contract is not subject to | 4427 |
division (B) of section 127.16 of the Revised Code. The final | 4428 |
payment of grant moneys shall not be made until the chief inspects | 4429 |
and approves the completed project. | 4430 |
The chief shall require each applicant awarded a grant under | 4431 |
this section who conducts a project involving construction work to | 4432 |
pay workers at the greater of their regular rate of pay, as | 4433 |
established by contract, agreement, or prior custom or practice, | 4434 |
or the average wage rate paid in this state for the same or | 4435 |
similar work performed in the same or a similar locality by | 4436 |
private companies doing similar work on similar projects. | 4437 |
As used in division (E)(3) of this section, "watershed group" | 4438 |
means a charitable organization as defined in section 1716.01 of | 4439 |
the Revised Code that has been established for the purpose of | 4440 |
conducting reclamation of land and waters adversely affected by | 4441 |
coal mining practices and specifically for conducting acid mine | 4442 |
drainage abatement. | 4443 |
(F)(1) If the chief makes a finding of fact that land or | 4444 |
water resources have been adversely affected by past coal mining | 4445 |
practices; the adverse effects are at a stage where, in the public | 4446 |
interest, action to restore, reclaim, abate, control, or prevent | 4447 |
the adverse effects should be taken; the owners of the land or | 4448 |
water resources where entry must be made to restore, reclaim, | 4449 |
abate, control, or prevent the adverse effects of past coal mining | 4450 |
practices are not known or are not readily available; or the | 4451 |
owners will not give permission for the state, political | 4452 |
subdivisions, or their agents, employees, or contractors to enter | 4453 |
upon the property to restore, reclaim, abate, control, or prevent | 4454 |
the adverse effects of past coal mining practices; then, upon | 4455 |
giving notice by mail to the owners, if known, or, if not known, | 4456 |
by posting notice upon the premises and advertising once in a | 4457 |
newspaper of general circulation in the municipal corporation or | 4458 |
county in which the land lies, the chief or the chief's agents, | 4459 |
employees, or contractors may enter upon the property adversely | 4460 |
affected by past coal mining practices and any other property to | 4461 |
have access to the property to do all things necessary or | 4462 |
expedient to restore, reclaim, abate, control, or prevent the | 4463 |
adverse effects. The entry shall be construed as an exercise of | 4464 |
the police power for the protection of the public health, safety, | 4465 |
and general welfare and shall not be construed as an act of | 4466 |
condemnation of property nor of trespass on it. The moneys | 4467 |
expended for the work and the benefits accruing to any such | 4468 |
premises so entered upon shall be chargeable against the land and | 4469 |
shall mitigate or offset any claim in or any action brought by any | 4470 |
owner of any interest in the premises for any alleged damages by | 4471 |
virtue of the entry, but this provision is not intended to create | 4472 |
new rights of action or eliminate existing immunities. | 4473 |
(2) The chief or the chief's authorized representatives may | 4474 |
enter upon any property for the purpose of conducting studies or | 4475 |
exploratory work to determine the existence of adverse effects of | 4476 |
past coal mining practices and to determine the feasibility of | 4477 |
restoration, reclamation, abatement, control, or prevention of | 4478 |
such adverse effects. The entry shall be construed as an exercise | 4479 |
of the police power for the protection of the public health, | 4480 |
safety, and general welfare and shall not be construed as an act | 4481 |
of condemnation of property nor trespass on it. | 4482 |
(3) The chief may acquire any land by purchase, donation, or | 4483 |
condemnation that is adversely affected by past coal mining | 4484 |
practices if the chief determines that acquisition of the land is | 4485 |
necessary to successful reclamation and that all of the following | 4486 |
apply: | 4487 |
(a) The acquired land, after restoration, reclamation, | 4488 |
abatement, control, or prevention of the adverse effects of past | 4489 |
coal mining practices, will serve recreation and historic | 4490 |
purposes, serve conservation and reclamation purposes, or provide | 4491 |
open space benefits. | 4492 |
(b) Permanent facilities such as a treatment plant or a | 4493 |
relocated stream channel will be constructed on the land for the | 4494 |
restoration, reclamation, abatement, control, or prevention of the | 4495 |
adverse effects of past coal mining practices. | 4496 |
(c) Acquisition of coal refuse disposal sites and all coal | 4497 |
refuse thereon will serve the purposes of this section or public | 4498 |
ownership is desirable to meet emergency situations and prevent | 4499 |
recurrences of the adverse effects of past coal mining practices. | 4500 |
(4)(a) Title to all lands acquired pursuant to this section | 4501 |
shall be in the name of the state. The price paid for land | 4502 |
acquired under this section shall reflect the market value of the | 4503 |
land as adversely affected by past coal mining practices. | 4504 |
(b) The chief may receive grants on a matching basis from the | 4505 |
secretary of the interior for the purpose of carrying out this | 4506 |
section. | 4507 |
(5)(a) Where land acquired pursuant to this section is | 4508 |
considered to be suitable for industrial, commercial, residential, | 4509 |
or recreational development, the chief may sell the land by public | 4510 |
sale under a system of competitive bidding at not less than fair | 4511 |
market value and under other requirements imposed by rule to | 4512 |
ensure that the lands are put to proper use consistent with local | 4513 |
and state land use plans, if any, as determined by the chief. | 4514 |
(b) The chief, when requested, and after appropriate public | 4515 |
notice, shall hold a public meeting in the county, counties, or | 4516 |
other appropriate political subdivisions of the state in which | 4517 |
lands acquired pursuant to this section are located. The meetings | 4518 |
shall be held at a time that shall afford local citizens and | 4519 |
governments the maximum opportunity to participate in the decision | 4520 |
concerning the use or disposition of the lands after restoration, | 4521 |
reclamation, abatement, control, or prevention of the adverse | 4522 |
effects of past coal mining practices. | 4523 |
(6) In addition to the authority to acquire land under | 4524 |
division (F)(3) of this section, the chief may use money in the | 4525 |
fund to acquire land by purchase, donation, or condemnation, and | 4526 |
to reclaim and transfer acquired land to a political subdivision, | 4527 |
or to any person, if the chief determines that it is an integral | 4528 |
and necessary element of an economically feasible plan for the | 4529 |
construction or rehabilitation of housing for persons disabled as | 4530 |
the result of employment in the mines or work incidental to that | 4531 |
employment, persons displaced by acquisition of land pursuant to | 4532 |
this section, persons dislocated as the result of adverse effects | 4533 |
of coal mining practices that constitute an emergency as provided | 4534 |
in the "Surface Mining Control and Reclamation Act of 1977," 91 | 4535 |
Stat. 466, 30 U.S.C.A. 1240, or amendments to it, or persons | 4536 |
dislocated as the result of natural disasters or catastrophic | 4537 |
failures from any cause. Such activities shall be accomplished | 4538 |
under such terms and conditions as the chief requires, which may | 4539 |
include transfers of land with or without monetary consideration, | 4540 |
except that to the extent that the consideration is below the fair | 4541 |
market value of the land transferred, no portion of the difference | 4542 |
between the fair market value and the consideration shall accrue | 4543 |
as a profit to those persons. No part of the funds provided under | 4544 |
this section may be used to pay the actual construction costs of | 4545 |
housing. The chief may carry out the purposes of division (F)(6) | 4546 |
of this section directly or by making grants and commitments for | 4547 |
grants and may advance money under such terms and conditions as | 4548 |
the chief may require to any agency or instrumentality of the | 4549 |
state or any public body or nonprofit organization designated by | 4550 |
the chief. | 4551 |
(G)(1) Within six months after the completion of projects to | 4552 |
restore, reclaim, abate, control, or prevent adverse effects of | 4553 |
past coal mining practices on privately owned land, the chief | 4554 |
shall itemize the moneys so expended and may file a statement of | 4555 |
the expenditures in the office of the county recorder of the | 4556 |
county in which the land lies, together with a notarized appraisal | 4557 |
by an independent appraiser of the value of the land before the | 4558 |
restoration, reclamation, abatement, control, or prevention of | 4559 |
adverse effects of past coal mining practices if the moneys so | 4560 |
expended result in a significant increase in property value. The | 4561 |
statement shall constitute a lien upon the land as of the date of | 4562 |
the expenditures of the moneys and shall have priority as a lien | 4563 |
second only to the lien of real property taxes imposed upon the | 4564 |
land. The lien shall not exceed the amount determined by the | 4565 |
appraisal to be the increase in the fair market value of the land | 4566 |
as a result of the restoration, reclamation, abatement, control, | 4567 |
or prevention of the adverse effects of past coal mining | 4568 |
practices. No lien shall be filed under division (G) of this | 4569 |
section against the property of any person who owned the surface | 4570 |
prior to May 2, 1977, and did not consent to, participate in, or | 4571 |
exercise control over the mining operation that necessitated the | 4572 |
reclamation performed. | 4573 |
(2) The landowner may petition, within sixty days after the | 4574 |
filing of the lien, to determine the increase in the fair market | 4575 |
value of the land as a result of the restoration, reclamation, | 4576 |
abatement, control, or prevention of the adverse effects of past | 4577 |
coal mining practices. The amount reported to be the increase in | 4578 |
value of the premises shall constitute the amount of the lien and | 4579 |
shall be recorded with the statement provided in this section. Any | 4580 |
party aggrieved by the decision may appeal as provided by state | 4581 |
law. | 4582 |
(3) The lien provided in division (G) of this section shall | 4583 |
be recorded and indexed, under the name of the state and the | 4584 |
landowner, in a lien index in the office of the county recorder of | 4585 |
the county in which the land lies. The county recorder shall | 4586 |
impose no charge for the recording or indexing of the lien. If the | 4587 |
land is registered, the county recorder shall make a notation and | 4588 |
enter a memorial of the lien upon the page of the register in | 4589 |
which the last certificate of title to the land is registered, | 4590 |
stating the name of the claimant, amount claimed, volume and page | 4591 |
of the record where recorded, and exact time the memorial was | 4592 |
entered. | 4593 |
(4) The lien shall continue in force so long as any portion | 4594 |
of the amount of the lien remains unpaid. If the lien remains | 4595 |
unpaid at the time of conveyance of the land on which the lien was | 4596 |
placed, the conveyance may be set aside. Upon repayment in full | 4597 |
of the moneys expended under this section, the chief promptly | 4598 |
shall issue a certificate of release of the lien. Upon | 4599 |
presentation of the certificate of release, the county recorder of | 4600 |
the county in which the lien is recorded shall record the lien as | 4601 |
having been discharged. | 4602 |
(5) A lien imposed under this section shall be foreclosed | 4603 |
upon the substantial failure of a landowner to pay any portion of | 4604 |
the amount of the lien. Before foreclosing any lien under this | 4605 |
section, the chief shall make a written demand upon the landowner | 4606 |
for payment. If the landowner does not pay the amount due within | 4607 |
sixty days, the chief shall refer the matter to the attorney | 4608 |
general, who shall institute a civil action to foreclose the lien. | 4609 |
(H)(1) The chief may fill voids, seal abandoned tunnels, | 4610 |
shafts, and entryways, and reclaim surface impacts of underground | 4611 |
or strip mines that the chief determines could endanger life and | 4612 |
property, constitute a hazard to the public health and safety, or | 4613 |
degrade the environment. | 4614 |
(2) In those instances where mine waste piles are being | 4615 |
reworked for conservation purposes, the incremental costs of | 4616 |
disposing of the wastes from those operations by filling voids and | 4617 |
sealing tunnels may be eligible for funding, provided that the | 4618 |
disposal of these wastes meets the purposes of this section. | 4619 |
(3) The chief may acquire by purchase, donation, easement, or | 4620 |
otherwise such interest in land as the chief determines necessary | 4621 |
to carry out division (H) of this section. | 4622 |
(I) The chief shall report annually to the secretary of the | 4623 |
interior on operations under the fund and include recommendations | 4624 |
as to its future uses. | 4625 |
(J)(1) The chief may engage in any work and do all things | 4626 |
necessary or expedient, including the adoption of rules, to | 4627 |
implement and administer this section. | 4628 |
(2) The chief may engage in cooperative projects under this | 4629 |
section with any agency of the United States, any other state, or | 4630 |
their governmental agencies or with any state university or | 4631 |
college as defined in section 3345.27 of the Revised Code. The | 4632 |
cooperative projects are not subject to division (B) of section | 4633 |
127.16 of the Revised Code. | 4634 |
(3) The chief may request the attorney general to initiate in | 4635 |
any court of competent jurisdiction an action in equity for an | 4636 |
injunction to restrain any interference with the exercise of the | 4637 |
right to enter or to conduct any work provided in this section, | 4638 |
which remedy is in addition to any other remedy available under | 4639 |
this section. | 4640 |
(4) The chief may construct or operate a plant or plants for | 4641 |
the control and treatment of water pollution resulting from mine | 4642 |
drainage. The extent of this control and treatment may be | 4643 |
dependent upon the ultimate use of the water. Division (J)(4) of | 4644 |
this section does not repeal or supersede any portion of the | 4645 |
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33 | 4646 |
U.S.C.A. 1151, as amended, and no control or treatment under | 4647 |
division (J)(4) of this section, in any way, shall be less than | 4648 |
that required by that act. The construction of a plant or plants | 4649 |
may include major interceptors and other facilities appurtenant to | 4650 |
the plant. | 4651 |
(5) The chief may transfer money from the abandoned mine | 4652 |
reclamation fund and the acid mine drainage abatement and | 4653 |
treatment fund to other appropriate state agencies or to state | 4654 |
universities or colleges in order to carry out the reclamation | 4655 |
activities authorized by this section. | 4656 |
(K) The chief may contract for any part of work to be | 4657 |
performed under this section, with or without advertising for | 4658 |
bids, if the chief determines that a condition exists that could | 4659 |
reasonably be expected to cause substantial physical harm to | 4660 |
persons, property, or the environment and to which persons or | 4661 |
improvements on real property are currently exposed. | 4662 |
The chief shall require every contractor performing | 4663 |
reclamation work under this section to pay its workers at the | 4664 |
greater of their regular rate of pay, as established by contract, | 4665 |
agreement, or prior custom or practice, or the average wage rate | 4666 |
paid in this state for the same or similar work as determined by | 4667 |
the chief under section 1513.02 of the Revised Code. | 4668 |
(L)(1) The chief may contract for the emergency restoration, | 4669 |
reclamation, abatement, control, or prevention of adverse effects | 4670 |
of mining practices on eligible lands if the chief determines that | 4671 |
an emergency exists constituting a danger to the public health, | 4672 |
safety, or welfare and that no other person or agency will act | 4673 |
expeditiously to restore, reclaim, abate, control, or prevent | 4674 |
those adverse effects. The chief may enter into a contract for | 4675 |
emergency work under division (L) of this section without | 4676 |
advertising for bids. Any such contract or any purchase of | 4677 |
materials for emergency work under division (L) of this section is | 4678 |
not subject to division (B) of section 127.16 of the Revised Code. | 4679 |
(2) The chief or the chief's agents, employees, or | 4680 |
contractors may enter on any land where such an emergency exists, | 4681 |
and on other land in order to have access to that land, in order | 4682 |
to restore, reclaim, abate, control, or prevent the adverse | 4683 |
effects of mining practices and to do all things necessary or | 4684 |
expedient to protect the public health, safety, or welfare. Such | 4685 |
an entry shall be construed as an exercise of the police power and | 4686 |
shall not be construed as an act of condemnation of property or of | 4687 |
trespass. The moneys expended for the work and the benefits | 4688 |
accruing to any premises so entered upon shall be chargeable | 4689 |
against the land and shall mitigate or offset any claim in or any | 4690 |
action brought by any owner of any interest in the premises for | 4691 |
any alleged damages by virtue of the entry. This provision is not | 4692 |
intended to create new rights of action or eliminate existing | 4693 |
immunities. | 4694 |
Sec. 1513.371. There is hereby created in the state treasury | 4695 |
the mined land set aside fund consisting of grants made by the | 4696 |
United States secretary of the interior from the federal abandoned | 4697 |
mine reclamation fund pursuant to section 402 of the "Surface | 4698 |
Mining Control and Reclamation Act of 1977," 91 Stat. 445, 30 | 4699 |
U.S.C. 1232. The chief of the division of mineral resources | 4700 |
management shall administer the fund. Money in the fund shall be | 4701 |
used solely for the purposes specified in divisions (B)(1) to (4) | 4702 |
of section 1513.37 of the Revised Code. All investment earnings of | 4703 |
the fund shall be credited to the fund. | 4704 |
Sec. 1514.01. As used in this chapter: | 4705 |
(A) "Surface mining" means all or any part of a process | 4706 |
followed in the production of minerals from the earth or from the | 4707 |
surface of the land by surface excavation methods, such as open | 4708 |
pit mining, dredging, placering, or quarrying, and includes the | 4709 |
removal of overburden for the purpose of determining the location, | 4710 |
quantity, or quality of mineral deposits, and the incidental | 4711 |
removal of coal at a rate less than one-sixth the total weight of | 4712 |
minerals and coal removed during the year, but does not include: | 4713 |
test or exploration boring; mining operations carried out beneath | 4714 |
the surface by means of shafts, tunnels, or similar mine openings; | 4715 |
the extraction of minerals, other than coal, by a landowner for | 4716 |
the landowner's own noncommercial use where such material is | 4717 |
extracted and used in an unprocessed form on the same tract of | 4718 |
land; the extraction of minerals, other than coal, from borrow | 4719 |
pits for highway construction purposes, provided that the | 4720 |
extraction is performed under a bond, a contract, and | 4721 |
specifications that substantially provide for and require | 4722 |
reclamation practices consistent with the requirements of this | 4723 |
chapter; the removal of minerals incidental to construction work, | 4724 |
provided that the owner or person having control of the land upon | 4725 |
which the construction occurs, the contractor, or the construction | 4726 |
firm possesses a valid building permit; the removal of minerals to | 4727 |
a depth of not more than five feet, measured from the highest | 4728 |
original surface elevation of the area to be excavated, where not | 4729 |
more than one acre of land is excavated during twelve successive | 4730 |
calendar months; routine dredging of a watercourse for purely | 4731 |
navigational or flood control purposes during which materials are | 4732 |
removed for noncommercial purposes; or the extraction or movement | 4733 |
of soil or minerals within a solid waste facility, as defined in | 4734 |
section 3734.01 of the Revised Code, that is a sanitary landfill | 4735 |
when the soil or minerals are used exclusively for the | 4736 |
construction, operation, closure, and post-closure care of the | 4737 |
facility or for maintenance activities at the facility. | 4738 |
(B) "Minerals" means sand, gravel, clay, shale, gypsum, | 4739 |
halite, limestone, dolomite, sandstone, other stone, metalliferous | 4740 |
or nonmetalliferous ore, or other material or substance of | 4741 |
commercial value excavated in a solid state from natural deposits | 4742 |
on or in the earth, but does not include coal or peat. | 4743 |
(C) "Overburden" means all of the earth and other materials | 4744 |
that cover a natural deposit of minerals and also means such earth | 4745 |
and other materials after removal from their natural state in the | 4746 |
process of surface mining. | 4747 |
(D) "Spoil bank" means a pile of removed overburden. | 4748 |
(E) "Area of land affected" means the area of land that has | 4749 |
been excavated, or upon which a spoil bank exists, or both. | 4750 |
(F)(1) "Operation" or "surface mining operation" means all of | 4751 |
the premises, facilities, and equipment used in the process of | 4752 |
removing minerals, or minerals and incidental coal, by surface | 4753 |
mining from a mining area in the creation of which mining area | 4754 |
overburden or minerals, or minerals and incidental coal, are | 4755 |
disturbed or removed, such surface mining area being located upon | 4756 |
a single tract of land or upon two or more contiguous tracts of | 4757 |
land. Separation by a stream or roadway shall not preclude the | 4758 |
tracts from being considered contiguous. | 4759 |
(2) When the context indicates, "operation" or "in-stream | 4760 |
mining operation" means all of the premises, facilities, and | 4761 |
equipment used in the process of removing minerals by in-stream | 4762 |
mining from a mining area. | 4763 |
(G) "Operator" means any person engaged in surface mining who | 4764 |
removes minerals, or minerals and incidental coal, from the earth | 4765 |
by surface mining or who removes overburden for the purpose of | 4766 |
determining the location, quality, or quantity of a mineral | 4767 |
deposit. "Operator" also means any person engaged in in-stream | 4768 |
mining who removes minerals from the bottom of the channel of a | 4769 |
watercourse by in-stream mining. | 4770 |
(H) "Performance bond" means the surety bond required to be | 4771 |
filed under section 1514.04 of the Revised Code and includes cash, | 4772 |
an irrevocable letter of credit, and negotiable certificates of | 4773 |
deposit authorized to be deposited in lieu of the surety bond | 4774 |
under that section. | 4775 |
(I) "Dewatering" means the withdrawal of ground water from an | 4776 |
aquifer or saturated zone that may result in the lowering of the | 4777 |
water level within the aquifer or saturated zone or a decline of | 4778 |
the potentiometric surface within that aquifer or saturated zone. | 4779 |
(J) "Ground water" means all water occurring in an aquifer. | 4780 |
(K) "Cone of depression" means a depression or low point in | 4781 |
the water table or potentiometric surface of a body of ground | 4782 |
water that develops around a location from which ground water is | 4783 |
being withdrawn. | 4784 |
(L) "High water mark" means the line on the shore that is | 4785 |
established by the fluctuations of water and indicated by physical | 4786 |
characteristics such as a natural line impressed on the bank; | 4787 |
shelving; changes in the character of soil; destruction of | 4788 |
terrestrial vegetation; the presence of litter and debris; or | 4789 |
other appropriate means that consider the characteristics of the | 4790 |
surrounding area. | 4791 |
(M) "In-stream mining" means all or any part of a process | 4792 |
followed in the production of minerals from the bottom of the | 4793 |
channel of a watercourse that drains a surface area of more than | 4794 |
one hundred square miles. "In-stream mining" may be accomplished | 4795 |
by using any technique or by using surface excavation methods, | 4796 |
such as open pit mining, dredging, placering, or quarrying, and | 4797 |
includes the removal of overburden for the purpose of determining | 4798 |
the location, quantity, or quality of mineral deposits. "In-stream | 4799 |
mining" does not include either of the following: | 4800 |
(1) Routine dredging for purely navigational or flood control | 4801 |
purposes during which materials are removed for noncommercial | 4802 |
purposes; | 4803 |
(2) The extraction of minerals, other than coal, by a | 4804 |
landowner for the landowner's own noncommercial use when the | 4805 |
material is extracted and used in an unprocessed form on the same | 4806 |
tract of land. | 4807 |
For purposes of division (M) of this section, the number of | 4808 |
square miles of surface area that a watercourse drains shall be | 4809 |
determined by consulting the "gazetteer of Ohio streams," which is | 4810 |
a portion of the Ohio water plan inventory published in 1960 by | 4811 |
the division of water in the department of natural resources, or | 4812 |
its successor, if any. | 4813 |
(N) In provisions concerning in-stream mining, when the | 4814 |
context is appropriate, "land" is deemed to include an area of a | 4815 |
watercourse. | 4816 |
(O) "Watercourse" means any naturally occurring perennial or | 4817 |
intermittent stream, river, or creek flowing within a defined | 4818 |
stream bed and banks. | 4819 |
(P) "Certified mine foreperson" means the person whom the | 4820 |
operator of a surface mining operation places in charge of the | 4821 |
conditions and practices at the mine, who is responsible for | 4822 |
conducting workplace examinations under 30 C.F.R. part 56, as | 4823 |
amended, and who has passed an examination for the position | 4824 |
administered by the division of mineral resources management. | 4825 |
Sec. 1514.011. The division of mineral resources management | 4826 |
has authority over all surface mining operations located in the | 4827 |
state and shall exercise that authority as provided in this | 4828 |
chapter. | 4829 |
Sec. 1514.03. Within thirty days after each anniversary date | 4831 |
of issuance of a surface or in-stream mining permit, the operator | 4832 |
shall file with the chief of the division of mineral resources | 4833 |
management an annual report, on a form prescribed and furnished by | 4834 |
the chief, that, for the period covered by the report, shall state | 4835 |
the amount of and identify the types of minerals and coal, if any | 4836 |
coal, produced and shall state the number of acres affected and | 4837 |
the number of acres estimated to be affected during the next year | 4838 |
of operation. An annual report is not required to be filed if a | 4839 |
final report is filed in lieu thereof. | 4840 |
Each annual report for a surface mining operation shall | 4841 |
include a progress map indicating the location of areas of land | 4842 |
affected during the period of the report and the location of the | 4843 |
area of land estimated to be affected during the next year. The | 4844 |
map shall be prepared in accordance with division (A)(11) or (12) | 4845 |
of section 1514.02 of the Revised Code, as appropriate, except | 4846 |
that a map prepared in accordance with division (A)(12) of that | 4847 |
section may be certified by the operator or authorized agent of | 4848 |
the operator in lieu of certification by a professional engineer | 4849 |
or surveyor registered under Chapter 4733. of the Revised Code. | 4850 |
However, the chief may require that an annual progress map or a | 4851 |
final map be prepared by a registered professional engineer or | 4852 |
registered surveyor if the chief has reason to believe that the | 4853 |
operator exceeded the boundaries of the permit area or, if the | 4854 |
operator filed the map required under division (A)(11) of section | 4855 |
1514.02 of the Revised Code, that the operator extracted ten | 4856 |
thousand tons or more of minerals during the period covered by the | 4857 |
report. | 4858 |
Each annual report for an in-stream mining operation shall | 4859 |
include a statement of the total tonnage removed by in-stream | 4860 |
mining for each month and of the surface acreage and depth of | 4861 |
material removed by in-stream mining and shall include a map that | 4862 |
identifies the area affected by the in-stream mining, soundings | 4863 |
that depict the cross-sectional views of the channel bottom of the | 4864 |
watercourse, and water elevations for the watercourse. | 4865 |
Each annual report shall be accompanied by a filing fee in | 4866 |
the amount of five hundred dollars, except in the case of an | 4867 |
annual report filed by a small operator or an in-stream mining | 4868 |
operator. A small operator, which is a surface mine operator who | 4869 |
intends to extract fewer than ten thousand tons of minerals and no | 4870 |
coal during the next year of operation under the permit, or an | 4871 |
in-stream mining operator shall include a filing fee in the amount | 4872 |
of two hundred fifty dollars with each annual report. The annual | 4873 |
report of any operator also shall be accompanied by an acreage fee | 4874 |
in the amount of seventy-five dollars multiplied by the number of | 4875 |
acres estimated in the report to be affected during the next year | 4876 |
of operation under the permit. The acreage fee shall be adjusted | 4877 |
by subtracting a credit of seventy-five dollars per excess acre | 4878 |
paid for the preceding year if the acreage paid for the preceding | 4879 |
year exceeds the acreage actually affected or by adding an | 4880 |
additional amount of seventy-five dollars per excess acre affected | 4881 |
if the acreage actually affected exceeds the acreage paid for the | 4882 |
preceding year. | 4883 |
With each annual report the operator shall file a performance | 4884 |
bond in the amount,
unless otherwise provided by
rule, of
| 4885 |
4886 | |
estimated to be affected during the next year of operation under | 4887 |
the permit for which no performance bond previously was filed. | 4888 |
Unless otherwise provided by rule, the bond shall be adjusted by | 4889 |
subtracting a
credit of
| 4890 |
excess acre for which bond was filed for the preceding year if the | 4891 |
acreage for which the bond was filed for the preceding year | 4892 |
exceeds the acreage actually affected, or by adding an amount of | 4893 |
4894 | |
acreage actually affected exceeds the acreage for which bond was | 4895 |
filed for the preceding year. | 4896 |
Within thirty days after the expiration of the surface or | 4897 |
in-stream mining permit, or completion or abandonment of the | 4898 |
operation, whichever occurs earlier, the operator shall submit a | 4899 |
final report containing the same information required in an annual | 4900 |
report, but covering the time from the last annual report to the | 4901 |
expiration of the permit, or completion or abandonment of the | 4902 |
operation, whichever occurs earlier. | 4903 |
Each final report shall include a map indicating the location | 4904 |
of the area of land affected during the period of the report and | 4905 |
the location of the total area of land affected under the permit. | 4906 |
The map shall be prepared in accordance with division (A)(11) or | 4907 |
(12) of section 1514.02 of the Revised Code, as appropriate. | 4908 |
In the case of a final report for an in-stream mining | 4909 |
operation, the map also shall include the information required | 4910 |
under division (A)(18) of section 1514.02 of the Revised Code. | 4911 |
If the final report and certified map, as verified by the | 4912 |
chief, show that the number of acres affected under the permit is | 4913 |
larger than the number of acres for which the operator has paid an | 4914 |
acreage fee or filed a performance bond, upon notification by the | 4915 |
chief, the operator shall pay an additional acreage fee in the | 4916 |
amount of seventy-five dollars multiplied by the difference | 4917 |
between the number of acres affected under the permit and the | 4918 |
number of acres for which the operator has paid an acreage fee and | 4919 |
shall file an additional performance bond in the amount, unless | 4920 |
otherwise provided by rule, of
| 4921 |
multiplied by the difference between the number of acres affected | 4922 |
under the permit and the number of acres for which the operator | 4923 |
has filed bond. | 4924 |
If the final report and certified map, as verified by the | 4925 |
chief, show that the number of acres affected under the permit is | 4926 |
smaller than the number of acres for which the operator has filed | 4927 |
a performance bond, the chief shall order release of the excess | 4928 |
bond. However, the chief shall retain a performance bond in a | 4929 |
minimum amount of ten thousand dollars irrespective of the number | 4930 |
of acres affected under the permit. The release of the excess bond | 4931 |
shall be in an amount, unless otherwise provided by rule, equal to | 4932 |
4933 | |
between the number of acres affected under the permit and the | 4934 |
number of acres for which the operator has filed bond. | 4935 |
The fees collected pursuant to this section and section | 4936 |
1514.02 of the Revised Code shall be deposited with the treasurer | 4937 |
of state to the credit of the surface mining fund created under | 4938 |
section 1514.06 of the Revised Code. | 4939 |
If upon inspection the chief finds that any filing fee, | 4940 |
acreage fee, performance bond, or part thereof is not paid when | 4941 |
due or is paid on the basis of false or substantially inaccurate | 4942 |
reports, the chief may request the attorney general to recover the | 4943 |
unpaid amounts that are due the state, and the attorney general | 4944 |
shall commence appropriate legal proceedings to recover the unpaid | 4945 |
amounts. | 4946 |
Sec. 1514.04. (A) Upon receipt of notification from the | 4947 |
chief of the division of mineral resources management of the | 4948 |
chief's intent to issue an order granting a surface or in-stream | 4949 |
mining permit to the applicant, the applicant shall file a surety | 4950 |
bond, cash, an irrevocable letter of credit, or certificates of | 4951 |
deposit in the amount, unless otherwise provided by rule, of ten | 4952 |
thousand
dollars | 4953 |
affected is more than twenty acres, the applicant also shall file | 4954 |
a surety bond, cash, an irrevocable letter of credit, or | 4955 |
certificates of deposit in the amount of five hundred dollars per | 4956 |
acre of land to be affected that exceeds twenty acres. Upon | 4957 |
receipt of notification from the chief of the chief's intent to | 4958 |
issue an order granting an amendment to a surface or in-stream | 4959 |
mining permit, the applicant shall file a surety bond, cash, an | 4960 |
irrevocable letter of credit, or certificates of deposit in the | 4961 |
amount | 4962 |
4963 |
In the case of a surface mining permit, the bond shall be | 4964 |
filed | 4965 |
during the first year of operation under the permit. In the case | 4966 |
of an amendment to a surface mining permit, the bond shall be | 4967 |
filed | 4968 |
during the balance of the period until the next anniversary date | 4969 |
of the permit. | 4970 |
In the case of an in-stream mining permit, the bond shall be | 4971 |
filed | 4972 |
of the in-stream mining permit for the entire permit period. In | 4973 |
the case of an amendment to an in-stream mining permit, the bond | 4974 |
shall be
filed | 4975 |
land to be affected within the limits of the in-stream mining | 4976 |
permit. | 4977 |
(B) A surety bond filed pursuant to this section and sections | 4978 |
1514.02 and 1514.03 of the Revised Code shall be upon the form | 4979 |
that the chief prescribes and provides and shall be signed by the | 4980 |
operator as principal and by a surety company authorized to | 4981 |
transact business in the state as surety. The bond shall be | 4982 |
payable to the state and shall be conditioned upon the faithful | 4983 |
performance by the operator of all things to be done and performed | 4984 |
by the operator as provided in this chapter and the rules and | 4985 |
orders of the chief adopted or issued pursuant thereto. | 4986 |
The operator may deposit with the chief, in lieu of a surety | 4987 |
bond, cash in an amount equal to the surety bond as prescribed in | 4988 |
this section, an irrevocable letter of credit or negotiable | 4989 |
certificates of deposit issued by any bank organized or | 4990 |
transacting business in this state, or an irrevocable letter of | 4991 |
credit or certificates of deposit issued by any savings and loan | 4992 |
association as defined in section 1151.01 of the Revised Code, | 4993 |
having a cash value equal to or greater than the amount of the | 4994 |
surety bond as prescribed in this section. Cash or certificates of | 4995 |
deposit shall be deposited upon the same terms as the terms upon | 4996 |
which surety bonds may be deposited. If one or more certificates | 4997 |
of deposit are deposited with the chief in lieu of a surety bond, | 4998 |
the chief shall require the bank or savings and loan association | 4999 |
that issued any such certificate to pledge securities of a cash | 5000 |
value equal to the amount of the certificate, or certificates, | 5001 |
that is in excess of the amount insured by the federal deposit | 5002 |
insurance corporation. The securities shall be security for the | 5003 |
repayment of the certificate of deposit. | 5004 |
(C) Immediately upon a deposit of cash, a letter of credit, | 5005 |
or certificates with the chief, the chief shall deliver it to the | 5006 |
treasurer of state who shall hold it in trust for the purposes for | 5007 |
which it has been deposited. The treasurer of state shall be | 5008 |
responsible for the safekeeping of such deposits. An operator | 5009 |
making a deposit of cash, a letter of credit, or certificates of | 5010 |
deposit may withdraw and receive from the treasurer of state, on | 5011 |
the written order of the chief, all or any part of the cash, | 5012 |
letter of credit, or certificates in the possession of the | 5013 |
treasurer of state, upon depositing with the treasurer of state | 5014 |
cash, an irrevocable letter of credit, or negotiable certificates | 5015 |
of deposit issued by any bank organized or transacting business in | 5016 |
this state, or an irrevocable letter of credit or certificates of | 5017 |
deposit issued by any savings and loan association, equal in value | 5018 |
to the value of the cash, letter of credit, or certificates | 5019 |
withdrawn. An operator may demand and receive from the treasurer | 5020 |
of state all interest or other income from any certificates as it | 5021 |
becomes due. If certificates deposited with and in the possession | 5022 |
of the treasurer of state mature or are called for payment by the | 5023 |
issuer thereof, the treasurer of state, at the request of the | 5024 |
operator who deposited them, shall convert the proceeds of the | 5025 |
redemption or payment of the certificates into such other | 5026 |
negotiable certificates of deposit issued by any bank organized or | 5027 |
transacting business in this state, such other certificates of | 5028 |
deposit issued by any savings and loan association, or cash, as | 5029 |
may be designated by the operator. | 5030 |
(D) A governmental agency, as defined in division (A) of | 5031 |
section 1514.022 of the Revised Code, or a board or commission | 5032 |
that derives its authority from a governmental agency shall not | 5033 |
require a surface or in-stream mining operator to file a surety | 5034 |
bond or any other form of financial assurance for the reclamation | 5035 |
of land to be affected by a surface or in-stream mining operation | 5036 |
authorized under this chapter. | 5037 |
Sec. 1514.05. (A) At any time within the period allowed an | 5038 |
operator by section 1514.02 of the Revised Code to reclaim an area | 5039 |
of land affected by surface or in-stream mining, the operator may | 5040 |
file a request, on a form provided by the chief of the division of | 5041 |
mineral resources management, for inspection of the area of land | 5042 |
upon which
| 5043 |
planting, is completed.
| 5044 |
5045 | |
5046 | |
5047 | |
5048 | |
5049 | |
5050 | |
5051 | |
5052 |
| 5053 |
5054 |
(1) The location of the area and number of acres; | 5055 |
(2) The permit number; | 5056 |
(3) | 5057 |
5058 |
| 5059 |
prepared and certified in accordance with division (A)(11) or (12) | 5060 |
of section 1514.02 of the Revised Code, as appropriate. In the | 5061 |
case of an in-stream mining operation, the map also shall include | 5062 |
the information required under division (A)(18) of section 1514.02 | 5063 |
of the Revised Code. | 5064 |
| 5065 |
5066 | |
5067 | |
5068 |
| 5069 |
reclamation of the area of land for which
| 5070 |
submitted within ninety days after receipt of the request or, if | 5071 |
the operator fails to complete the reclamation or file the request | 5072 |
as required, as soon as the chief learns of the default. | 5073 |
Thereupon,
if the chief approves
| 5074 |
reclamation, other than any required planting, as meeting the | 5075 |
requirements of this chapter, rules adopted thereunder, any orders | 5076 |
issued during the mining or reclamation, and the specifications of | 5077 |
the plan for mining and reclaiming, the chief shall issue an order | 5078 |
to the operator and the operator's surety releasing them from | 5079 |
liability for
| 5080 |
one-half of the total amount of their surety bond on deposit to | 5081 |
ensure reclamation for the area upon which reclamation is | 5082 |
completed. If
| 5083 |
5084 | |
5085 | |
5086 | |
5087 | |
5088 |
| 5089 |
5090 | |
5091 | |
5092 | |
5093 |
| 5094 |
credit, or certificates of deposit in lieu of a surety bond to | 5095 |
ensure reclamation, the chief shall issue an order to the operator | 5096 |
releasing
one-half of the
amount so held
| 5097 |
5098 | |
and promptly shall transmit a certified copy of the order to the | 5099 |
treasurer of state. Upon presentation of the order to the | 5100 |
treasurer of state by the operator to whom it was issued, or by | 5101 |
the operator's authorized agent, the treasurer of state shall | 5102 |
deliver to the operator or the operator's authorized agent the | 5103 |
cash, irrevocable letter of credit, or certificates of deposit | 5104 |
designated in the order. | 5105 |
| 5106 |
other than any required planting, the chief shall notify the | 5107 |
operator by certified mail. The notice shall be an order stating | 5108 |
the reasons for unacceptability, ordering further actions to be | 5109 |
taken, and setting a time limit for compliance. If the operator | 5110 |
does not comply with the order within the time limit specified, | 5111 |
the chief may order an extension of time for compliance after | 5112 |
determining that the operator's noncompliance is for good cause, | 5113 |
resulting from developments partially or wholly beyond the | 5114 |
operator's control. If the operator complies within the time limit | 5115 |
or the extension of time granted for compliance, the chief shall | 5116 |
order release of the performance bond in the same manner as in the | 5117 |
case of approval of reclamation, other than any required planting, | 5118 |
by the chief, and the treasurer of state shall proceed as in that | 5119 |
case. If the operator does not comply within the time limit and | 5120 |
the chief does not order an extension, or if the chief orders an | 5121 |
extension of time and the operator does not comply within the | 5122 |
extension of time granted for compliance, the chief shall issue | 5123 |
another order declaring that the operator has failed to reclaim | 5124 |
and, if the operator's permit has not already expired or been | 5125 |
revoked, revoking the operator's permit. The chief shall thereupon | 5126 |
proceed
under division
| 5127 |
| 5128 |
section 1514.02 of the Revised Code to reclaim an area affected by | 5129 |
surface mining, the operator may file a request, on a form | 5130 |
provided by the chief, for inspection of the area of land on which | 5131 |
all reclamation, including the successful establishment of any | 5132 |
required planting, is completed. The request shall include all of | 5133 |
the following: | 5134 |
(1) The location of the area and number of acres; | 5135 |
(2) The permit number; | 5136 |
(3) The type and date of any required planting of vegetative | 5137 |
cover and the degree of success of growth; | 5138 |
(4) A map showing the location of the acres reclaimed, | 5139 |
prepared and certified in accordance with division (A)(11) or (12) | 5140 |
of section 1514.02 of the Revised Code, as appropriate. In the | 5141 |
case of an in-stream mining operation, the map also shall include | 5142 |
the information required under division (A)(18) of section 1514.02 | 5143 |
of the Revised Code. | 5144 |
The chief shall make an inspection and evaluation of the | 5145 |
reclamation of the area of land for which the request was | 5146 |
submitted within ninety days after receipt of the request or, if | 5147 |
the operator fails to complete the reclamation or file the request | 5148 |
as required, as soon as the chief learns of the default. | 5149 |
Thereupon, if the chief finds that the reclamation meets the | 5150 |
requirements of this chapter, rules adopted under it, any orders | 5151 |
issued during the mining and reclamation, and the specifications | 5152 |
of the plan for mining and reclaiming and decides to release any | 5153 |
remaining performance bond on deposit to ensure reclamation of the | 5154 |
area on which reclamation is completed, within ten days of | 5155 |
completing the inspection and evaluation, the chief shall order | 5156 |
release of the remaining performance bond in the same manner as in | 5157 |
the case of approval of reclamation other than required planting, | 5158 |
and the treasurer of state shall proceed as in that case. | 5159 |
If the chief does not approve the reclamation performed by | 5160 |
the operator, the chief shall notify the operator by certified | 5161 |
mail within ninety days of the filing of the application for | 5162 |
inspection or of the date when the chief learns of the default. | 5163 |
The notice shall be an order stating the reasons for | 5164 |
unacceptability, ordering further actions to be taken, and setting | 5165 |
a time limit for compliance. If the operator does not comply with | 5166 |
the order within the time limit specified, the chief may order an | 5167 |
extension of time for compliance after determining that the | 5168 |
operator's noncompliance is for good cause, resulting from | 5169 |
developments partially or wholly beyond the operator's control. If | 5170 |
the operator complies within the time limit or the extension of | 5171 |
time granted for compliance, the chief shall order release of the | 5172 |
remaining performance bond in the same manner as in the case of | 5173 |
approval of reclamation by the chief, and the treasurer of state | 5174 |
shall proceed as in that case. If the operator does not comply | 5175 |
within the time limit and the chief does not order an extension, | 5176 |
or if the chief orders an extension of time and the operator does | 5177 |
not comply within the extension of time granted for compliance, | 5178 |
the chief shall issue another order declaring that the operator | 5179 |
has failed to reclaim and, if the operator's permit has not | 5180 |
already expired or been revoked, revoking the operator's permit. | 5181 |
The chief then shall proceed under division (C) of this section. | 5182 |
(C) Upon issuing an order under division
| 5183 |
this section declaring that the operator has failed to reclaim, | 5184 |
the chief shall
| 5185 |
5186 | |
5187 | |
acres of land that the operator has failed to reclaim in the | 5188 |
manner required by this chapter. The chief shall order the release | 5189 |
of the performance bond in the amount of five hundred dollars per | 5190 |
acre for those acres that the chief finds to have been reclaimed | 5191 |
in the manner required by this chapter. The release shall be | 5192 |
ordered in the same manner as in the case of other approval of | 5193 |
reclamation by the chief, and the treasurer of state shall proceed | 5194 |
as in that case. If the operator has on deposit cash, an | 5195 |
irrevocable letter of credit, or certificates of deposit to ensure | 5196 |
reclamation of the area of the land affected, the chief at the | 5197 |
same time shall issue an order declaring that the remaining cash, | 5198 |
irrevocable
letter of credit, or
certificates of
deposit | 5199 |
are the property of the state and are available for use by the | 5200 |
chief in performing reclamation of the area and shall proceed in | 5201 |
accordance with section 1514.06 of the Revised Code. | 5202 |
If the operator has on deposit a surety bond to ensure | 5203 |
reclamation of the area of land affected, the chief shall notify | 5204 |
the surety in writing of the operator's default and shall request | 5205 |
the surety to perform the surety's obligation and that of the | 5206 |
operator. The surety, within ten days after receipt of the notice, | 5207 |
shall notify the chief as to whether it intends to perform those | 5208 |
obligations. | 5209 |
If the surety chooses to perform, it shall arrange for work | 5210 |
to begin within thirty days of the day on which it notifies the | 5211 |
chief of its decision. If the surety completes the work as | 5212 |
required by this chapter, the chief shall issue an order to the | 5213 |
surety releasing the surety from liability under the bond in the | 5214 |
same manner as if the surety were an operator proceeding under | 5215 |
this section. If, after the surety begins the work, the chief | 5216 |
determines that the surety is not carrying the work forward with | 5217 |
reasonable progress, or that it is improperly performing the work, | 5218 |
or that it has abandoned the work or otherwise failed to perform | 5219 |
its obligation and that of the operator, the chief shall issue an | 5220 |
order terminating the right of the surety to perform the work and | 5221 |
demanding payment of the amount due as required by this chapter. | 5222 |
If the surety chooses not to perform and so notifies the | 5223 |
chief, does not respond to the chief's notice within ten days of | 5224 |
receipt thereof, or fails to begin work within thirty days of the | 5225 |
day it timely notifies the chief of its decision to perform its | 5226 |
obligation and that of the operator, the chief shall issue an | 5227 |
order terminating the right of the surety to perform the work and | 5228 |
demanding payment of the amount due, as required by this chapter. | 5229 |
Upon receipt of an order of the chief demanding payment of | 5230 |
the amount due, the surety immediately shall deposit with the | 5231 |
chief cash in the full amount due under the order for deposit with | 5232 |
the treasurer of state. If the surety fails to make an immediate | 5233 |
deposit, the chief shall certify it to the attorney general for | 5234 |
collection. When the chief has issued an order terminating the | 5235 |
right of the surety and has the cash on deposit, the cash is the | 5236 |
property of the state and is available for use by the chief, who | 5237 |
shall proceed in accordance with section 1514.06 of the Revised | 5238 |
Code. | 5239 |
Sec. 1514.051. (A) If an operator or a partner or officer of | 5240 |
the operator forfeits a performance bond, the division of mineral | 5241 |
resources management shall have a priority lien in front of all | 5242 |
other interested creditors against the assets of that operator for | 5243 |
the amount that is needed to perform any reclamation that is | 5244 |
required as a result of the operator's mining activities. The | 5245 |
chief of the division of mineral resources management shall file a | 5246 |
statement in the office of the county recorder of each county in | 5247 |
which the mined land lies of the estimated costs to reclaim the | 5248 |
land. Estimated costs shall include direct and indirect costs of | 5249 |
the development, design, construction, management, and | 5250 |
administration of the reclamation. The statement shall constitute | 5251 |
a lien on the assets of the operator as of the date of the filing. | 5252 |
The lien shall continue in force so long as any portion of the | 5253 |
lien remains unpaid or until the chief issues a certificate of | 5254 |
release of the lien. If the chief issues a certificate of release | 5255 |
of the lien, the chief shall file a certificate of release in the | 5256 |
office of each applicable county recorder. | 5257 |
(B) The chief promptly shall issue a certificate of release | 5258 |
under any of the following circumstances: | 5259 |
(1) Upon the repayment in full of the money that is necessary | 5260 |
to complete the reclamation; | 5261 |
(2) Upon the transfer of an existing permit that includes the | 5262 |
areas of the surface mine for which reclamation was not completed | 5263 |
from the operator that forfeited the performance bond to a new | 5264 |
operator; | 5265 |
(3) Any other circumstance that the chief determines to be in | 5266 |
the best interests of the state. | 5267 |
(C) The chief may modify the amount of a lien under this | 5268 |
section. If the chief modifies a lien, the chief shall file a | 5269 |
statement in the office of the county recorder of each applicable | 5270 |
county of the new amount of the lien. | 5271 |
(D) The chief may authorize a closing agent to hold a | 5272 |
certificate of release in escrow for a period not to exceed one | 5273 |
hundred eighty days for the purpose of facilitating the transfer | 5274 |
of unreclaimed mine land. | 5275 |
(E) All money from the collection of liens under this section | 5276 |
shall be deposited in the state treasury to the credit of the | 5277 |
surface mining fund created in section 1514.06 of the Revised | 5278 |
Code. | 5279 |
Sec. 1514.06. (A) There is hereby created in the state | 5280 |
treasury the surface mining fund | 5281 |
that
becomes the
property of the state pursuant to | 5282 |
sections 1514.05 and 1514.051 of
the Revised
Code | 5283 |
5284 | |
fund under divisions (C)(1) and (2) of section 1514.071, and other | 5285 |
money specified in section 1514.11 of the Revised Code. All | 5286 |
investment earnings of the fund shall be credited to the fund. | 5287 |
Expenditures from the fund shall be made by the chief of the | 5288 |
division of
mineral
resources management | 5289 |
reclaiming areas of land affected by surface or in-stream mining | 5290 |
5291 | |
that the operator
has | 5292 |
purposes specified in section 1514.11 of the Revised Code. | 5293 |
(B) Expenditures of moneys from the fund, except as otherwise | 5294 |
provided by this section, shall be made pursuant to contracts | 5295 |
entered into by the chief with persons who agree to furnish all of | 5296 |
the materials, equipment, work, and labor, as specified and | 5297 |
provided in the contracts, for the prices stipulated therein. | 5298 |
With the approval of the director of natural resources, the chief | 5299 |
may reclaim the land in the same manner as the chief required of | 5300 |
the operator who | 5301 |
contract awarded by the chief shall be awarded to the lowest | 5302 |
responsive and responsible bidder, in accordance with section | 5303 |
9.312 of the Revised Code, after sealed bids are received, opened, | 5304 |
and published at the time and place fixed by the chief. The chief | 5305 |
shall publish notice of the time and place at which bids will be | 5306 |
received, opened, and published, at least once at least ten days | 5307 |
before the date of the opening of the bids, in a newspaper of | 5308 |
general circulation in the county in which the area of land to be | 5309 |
reclaimed under the contract is located. If, after so advertising | 5310 |
for bids, no bids are received by the chief at the time and place | 5311 |
fixed for receiving them, the chief may advertise again for bids, | 5312 |
or, if the chief considers the public interest will be best | 5313 |
served, the chief may enter into a contract for the reclamation of | 5314 |
the area of land without further advertisement for bids. The chief | 5315 |
may reject any or all bids received and again publish notice of | 5316 |
the time and place at which bids for contracts will be received, | 5317 |
opened, and published. | 5318 |
(C) With the approval of the director, the chief, without | 5319 |
advertising for bids, may enter into a contract with the | 5320 |
landowner, a surface or in-stream mine operator or coal mine | 5321 |
operator mining under a current, valid permit issued under this | 5322 |
chapter or Chapter 1513. of the Revised Code, or a contractor | 5323 |
hired by a surety to complete reclamation, to carry out | 5324 |
reclamation on land affected by surface or in-stream mining | 5325 |
operations | 5326 |
reclaim. | 5327 |
(D) With the approval of the director, the chief may carry | 5328 |
out all or part of the reclamation work on land affected by | 5329 |
surface
or in-stream mining
operations | 5330 |
has
| 5331 |
of any division of the department of natural resources. | 5332 |
(E) The chief shall require every contractor performing | 5333 |
reclamation work under this section to pay workers at the greater | 5334 |
of their regular rate of pay, as established by contract, | 5335 |
agreement, or prior custom or practice, or the average wage rate | 5336 |
paid in this state for the same or similar work, as determined by | 5337 |
the chief under section 1513.02 of the Revised Code. | 5338 |
(F) Each contract entered into by the chief under this | 5339 |
section shall provide only for the reclamation of land affected by | 5340 |
the surface or in-stream mining operation or operations of one | 5341 |
operator and not reclaimed by the operator as required by this | 5342 |
chapter. If there is money in the fund derived from the | 5343 |
performance bond deposited with the chief by one operator to | 5344 |
ensure the reclamation of two or more areas of land affected by | 5345 |
the surface or in-stream mining operation or operations of one | 5346 |
operator and not reclaimed by the operator as required by this | 5347 |
chapter, the chief may award a single contract for the reclamation | 5348 |
of all such areas of land. | 5349 |
(G) The cost of the reclamation work done under this section | 5350 |
on each area of land affected by surface or in-stream mining | 5351 |
operations | 5352 |
reclaim shall be paid out of the money in the fund derived from | 5353 |
the performance bond that was deposited with the chief to ensure | 5354 |
the reclamation of that area of land. If the amount of money is | 5355 |
not sufficient to pay the cost of doing all of the reclamation | 5356 |
work on the area of land that the operator should have done, but | 5357 |
failed to do, the chief may expend from the reclamation forfeiture | 5358 |
fund created in section 1513.18 of the Revised Code or the surface | 5359 |
mining fund created in this section the amount of money needed to | 5360 |
complete reclamation to the standards required by this chapter. | 5361 |
The operator is liable for that expense in addition to any other | 5362 |
liabilities imposed by law. At the request of the chief, the | 5363 |
attorney general shall bring an action against the operator for | 5364 |
the amount of the expenditures from either fund. Moneys so | 5365 |
recovered shall be deposited in the state treasury to the | 5366 |
5367 | |
made. | 5368 |
(H) If any part of the money in the surface mining fund | 5369 |
remains in the fund after the chief has caused the area of land to | 5370 |
be reclaimed and has paid all the reclamation costs and expenses, | 5371 |
or if any money remains because the area of land has been | 5372 |
repermitted under this chapter or reclaimed by a person other than | 5373 |
the chief, the chief may expend the remaining money to complete | 5374 |
other reclamation work performed under this section. The chief | 5375 |
shall prepare an annual report that summarizes the money credited | 5376 |
to the fund and expenditures made from the fund and post the | 5377 |
report on the division of mineral resources management's web site. | 5378 |
Sec. 1514.09. The reclamation commission established | 5379 |
pursuant to section 1513.05 of the Revised Code shall serve as the | 5380 |
reclamation commission pursuant to this chapter. However, | 5381 |
whenever the commission is considering any appeal pertaining to | 5382 |
surface or in-stream mining, as distinguished from coal strip | 5383 |
mining, the member representing the coal strip mine operators | 5384 |
shall be replaced by a person who, by reason of the person's | 5385 |
previous vocation, employment, or affiliations, can be classed as | 5386 |
a representative of surface or in-stream mine operators, as | 5387 |
applicable. The appointment of that person shall be made in | 5388 |
accordance with section 1513.05 of the Revised Code, and the | 5389 |
person's term shall be concurrent with that of the representative | 5390 |
of the coal strip mine operators. | 5391 |
No party to an appeal brought under this section shall be | 5392 |
eligible for an award of attorney's fees, costs, or expenses from | 5393 |
the commission or any court. | 5394 |
Notwithstanding section 1513.13 of the Revised Code, an | 5395 |
operator may appeal the determination of the chief of the division | 5396 |
of mineral resources management that is made under division (D) of | 5397 |
section 1514.43 of the Revised Code within ten days after the | 5398 |
operator receives a copy of the determination. | 5399 |
Notwithstanding section 1513.14 of the Revised Code, appeals | 5400 |
from an order of the commission pertaining to surface or in-stream | 5401 |
mining may be taken to the court of common pleas of the county in | 5402 |
which the operation is located, or to the court of common pleas of | 5403 |
Franklin county. | 5404 |
Sec. 1514.11. In addition to the purposes authorized in | 5405 |
section 1514.06 of the Revised Code, the chief of the division of | 5406 |
mineral resources management may use moneys in the surface mining | 5407 |
fund created under that section for the administration and | 5408 |
enforcement of this chapter, for the reclamation of land affected | 5409 |
by surface or in-stream mining under a permit issued under this | 5410 |
chapter that the operator failed to reclaim and for which the | 5411 |
performance bond filed by the operator is insufficient to complete | 5412 |
the reclamation, and for the reclamation of land affected by | 5413 |
surface or in-stream mining that was abandoned and left | 5414 |
unreclaimed and for which no permit was issued or bond filed under | 5415 |
this chapter. Also, the chief may use the portion of the surface | 5416 |
mining fund that consists of moneys collected from the severance | 5417 |
taxes levied under section 5749.02 of the Revised Code
for | 5418 |
mine safety
and
first aid | 5419 |
5420 | |
section, the chief shall expend moneys in the fund in accordance | 5421 |
with the procedures and requirements established in section | 5422 |
1514.06 of the Revised Code and may enter into contracts and | 5423 |
perform work in accordance with that section. | 5424 |
Fees collected under sections 1514.02 and 1514.03 of the | 5425 |
Revised Code, one-half of the moneys collected from the severance | 5426 |
taxes levied under divisions (A)(3) and (4) of section 5749.02 of | 5427 |
the Revised Code, and all of the moneys collected from the | 5428 |
severance tax levied under division (A)(7) of section 5749.02 of | 5429 |
the Revised Code shall be credited to the fund in accordance with | 5430 |
those sections. Notwithstanding any section of the Revised Code | 5431 |
relating to the distribution or crediting of fines for violations | 5432 |
of the Revised Code, all fines imposed under section 1514.99 of | 5433 |
the Revised Code shall be credited to the fund. | 5434 |
Sec. 1514.40. In accordance with Chapter 119. of the Revised | 5435 |
Code, the chief of the division of mineral resources management, | 5436 |
in consultation with a statewide association that represents the | 5437 |
surface mining industry, shall adopt rules that do all of the | 5438 |
following: | 5439 |
(A) For the purpose of establishing safety standards | 5440 |
governing surface mining operations, incorporate by reference 30 | 5441 |
C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended; | 5442 |
(B) Establish criteria, standards, and procedures governing | 5443 |
safety performance evaluations conducted under section 1514.45 of | 5444 |
the Revised Code, including requirements for the notification of | 5445 |
operators and the identification of authorized representatives of | 5446 |
miners at surface mining operations for purposes of inspections | 5447 |
conducted under sections 1541.41 to 1541.47 of the Revised Code; | 5448 |
(C) Establish requirements governing the reporting and | 5449 |
investigation of accidents at surface mining operations. In | 5450 |
adopting the rules, the chief shall establish requirements that | 5451 |
minimize duplication with any reporting and investigations of | 5452 |
accidents that are conducted by the mine safety and health | 5453 |
administration in the United States department of labor. | 5454 |
(D) Establish the time, place, and frequency of mine safety | 5455 |
training conducted under section 1514.06 of the Revised Code and a | 5456 |
fee, if any, for the purpose of that section. The amount of the | 5457 |
fee shall not exceed the costs of conducting the training that is | 5458 |
required under that section. | 5459 |
(E) Establish the minimum qualifications necessary to take | 5460 |
the examination that is required for certification of certified | 5461 |
mine forepersons under division (B) of section 1514.47 of the | 5462 |
Revised Code and requirements, fees, and procedures governing the | 5463 |
taking of the examination; | 5464 |
(F) Establish requirements and fees governing the renewal of | 5465 |
certificates under division (C) of that section; | 5466 |
(G) Establish requirements and procedures for the approval of | 5467 |
training plans submitted under division (E) of that section for | 5468 |
the use of qualified persons to conduct examinations of surface | 5469 |
mining operations in lieu of certified mine forepersons and | 5470 |
minimum qualifications of those persons. The rules shall include | 5471 |
requirements governing training frequency and curriculum that must | 5472 |
be provided for qualified persons under such plans and shall | 5473 |
establish related reporting and record keeping requirements. | 5474 |
As used in sections 1514.41 to 1514.47 of the Revised Code, | 5475 |
"rule" means a rule adopted under this section unless the context | 5476 |
indicates otherwise. | 5477 |
Sec. 1514.41. (A) If a surface mining operation is not | 5478 |
inspected by the mine safety and health administration in the | 5479 |
United States department of labor, the chief of the division of | 5480 |
mineral resources management annually shall conduct a minimum of | 5481 |
two inspections of the operation. | 5482 |
(B) If a surface mining operation is identified through a | 5483 |
safety performance evaluation conducted under section 1514.45 of | 5484 |
the Revised Code and rules as having lost-time accidents in an | 5485 |
amount greater than the national average, the chief shall conduct | 5486 |
a minimum of two inspections of the operation for one year | 5487 |
following the identification. | 5488 |
(C) If a fatality of a miner occurs at a surface mining | 5489 |
operation as a result of an unsafe condition or a practice at the | 5490 |
operation, the chief shall conduct a minimum of one inspection | 5491 |
every three months at the operation for two years following the | 5492 |
fatality. | 5493 |
(D) If a life-threatening injury of a miner occurs at a | 5494 |
surface mining operation as a result of an unsafe condition or a | 5495 |
practice at the operation, the chief shall conduct a minimum of | 5496 |
one inspection every three months at the operation for one year | 5497 |
following the injury. | 5498 |
Sec. 1514.42. The chief of the division of mineral resources | 5499 |
management shall conduct a safety audit at a surface mining | 5500 |
operation if the operator of the operation has requested the | 5501 |
division of mineral resources management to conduct mine safety | 5502 |
training. The chief shall conduct additional safety audits at any | 5503 |
surface mining operation if requested by the operator of the | 5504 |
operation. If the chief conducts a safety audit, the operator | 5505 |
shall ensure that the chief has a copy of the training plan that | 5506 |
is required by 30 C.F.R. part 46, as amended, at the time of the | 5507 |
audit. | 5508 |
After completion of an audit, the chief shall prepare a | 5509 |
report that describes the general conditions of the surface mining | 5510 |
operation, lists any hazardous conditions at the operation, lists | 5511 |
any violations of the safety standards established in rules, and | 5512 |
describes the nature and extent of any hazardous condition or | 5513 |
violation found and the corresponding remedy for each hazardous | 5514 |
condition or violation. The chief shall provide two copies of the | 5515 |
report to the operator of the operation. The operator shall post | 5516 |
one copy of the report at the operation for review by the | 5517 |
employees of the operation. | 5518 |
Sec. 1514.43. (A) The chief of the division of mineral | 5519 |
resources management shall enforce the safety standards | 5520 |
established in rules when conducting inspections under section | 5521 |
1514.41 of the Revised Code. | 5522 |
(B) Except as otherwise provided in section 1514.44 of the | 5523 |
Revised Code or pursuant to a safety audit conducted under section | 5524 |
1514.42 of the Revised Code, if during an inspection the chief | 5525 |
finds a violation of a safety standard, the chief shall require | 5526 |
the operator to comply with the standard that is being violated | 5527 |
within a reasonable period of time. If the chief finds a violation | 5528 |
of a safety standard, the chief shall return to the surface mining | 5529 |
operation after a reasonable period of time to determine if the | 5530 |
operator has complied with the standard that was being violated. | 5531 |
If the operator has failed to comply with the standard, the chief | 5532 |
shall take appropriate action to obtain compliance if necessary. | 5533 |
(C) Except as otherwise provided in section 1514.44 of the | 5534 |
Revised Code or pursuant to a safety audit conducted under section | 5535 |
1514.42 of the Revised Code, after completion of an inspection of | 5536 |
a surface mining operation, the chief shall prepare a report that | 5537 |
describes the general conditions of the surface mining operation, | 5538 |
lists any hazardous conditions at the operation, lists any | 5539 |
violations of the safety standards established in rules, and | 5540 |
describes the nature and extent of any hazardous condition or | 5541 |
violation found and the corresponding remedy for each hazardous | 5542 |
condition or violation. The chief shall provide two copies of the | 5543 |
report to the operator of the operation. The operator shall post | 5544 |
one copy of the report at the operation for review by the | 5545 |
employees of the operation. | 5546 |
(D) Except pursuant to a safety audit conducted under section | 5547 |
1514.42 of the Revised Code, not later than ten days after receipt | 5548 |
of a report under this section, the operator may submit a written | 5549 |
request to the chief for a meeting with the chief to review the | 5550 |
findings contained in the report. Upon receipt of a request, the | 5551 |
chief shall review the report and schedule a meeting with the | 5552 |
operator. Within a reasonable period of time after the meeting, | 5553 |
the chief shall make a written determination concerning the | 5554 |
findings contained in the report and provide one copy of the | 5555 |
determination to the operator of the surface mining operation and | 5556 |
one copy of the determination to an authorized representative of | 5557 |
the miners at the operation. If the chief makes a determination | 5558 |
that affirms the findings contained in the report, the chief's | 5559 |
determination constitutes an order for purposes of this chapter | 5560 |
and rules adopted under it. | 5561 |
(E) An operator shall not appeal the contents of a report | 5562 |
prepared under division (C) of this section. However, an operator | 5563 |
may appeal a determination of the chief made under division (D) of | 5564 |
this section. | 5565 |
(F) No operator shall violate or fail to comply with an order | 5566 |
issued pursuant to this section. | 5567 |
Sec. 1514.44. If during an inspection conducted under section | 5568 |
1514.41 of the Revised Code or a safety audit conducted under | 5569 |
section 1514.42 of the Revised Code, the chief of the division of | 5570 |
mineral resources management finds a condition or practice at a | 5571 |
surface mining operation that could reasonably be expected to | 5572 |
cause the death of or imminent serious physical harm to an | 5573 |
employee of the operation, the chief immediately shall issue | 5574 |
orders to safeguard the employees, notify the operator of the | 5575 |
condition or practice, and require the operator to abate the | 5576 |
condition or practice within a reasonable period of time. In all | 5577 |
such situations, the chief may require the operation to cease in | 5578 |
the area in which the condition or practice is occurring or may | 5579 |
require the entire operation to cease, if necessary, until the | 5580 |
condition or practice that could reasonably be expected to cause | 5581 |
death or serious physical harm is eliminated. | 5582 |
The chief shall complete a report that describes the | 5583 |
condition or practice and the action taken to eliminate it. The | 5584 |
chief shall provide two copies of the report to the operator of | 5585 |
the operation. The operator shall post one copy of the report at | 5586 |
the operation for review by the employees of the operation. | 5587 |
Sec. 1514.45. The chief of the division of mineral resources | 5588 |
management annually shall conduct a safety performance evaluation | 5589 |
of all surface mining operations in the state in accordance with | 5590 |
rules. The operator of a surface mining operation shall provide to | 5591 |
the chief a copy of the notification of legal identity required | 5592 |
under 30 C.F.R. part 41, as amended, at the same time that the | 5593 |
notice is filed with the mine safety and health administration in | 5594 |
the United States department of labor. | 5595 |
Sec. 1514.46. If the operator of a surface mining operation | 5596 |
requests the division of mineral resources management to conduct | 5597 |
mine safety training, the chief of the division of mineral | 5598 |
resources management shall conduct mine safety training for the | 5599 |
employees of that operator. For persons who are not employed by a | 5600 |
holder of a surface mining permit issued under this chapter and | 5601 |
who seek the training, the chief may charge a fee in an amount | 5602 |
established in rules for conducting it. The safety training shall | 5603 |
be conducted in accordance with rules and shall emphasize the | 5604 |
standards adopted in rules and include any other content that the | 5605 |
chief determines is beneficial. Any fees collected under this | 5606 |
section shall be deposited in the state treasury to the credit of | 5607 |
the surface mining fund created in section 1514.06 of the Revised | 5608 |
Code. | 5609 |
Sec. 1514.47. (A) The operator of a surface mining operation | 5610 |
shall employ a certified mine foreperson or a person who is | 5611 |
qualified in accordance with this section and rules to conduct | 5612 |
examinations of surface mining operations for purposes of 30 | 5613 |
C.F.R. part 56, as amended. | 5614 |
(B) The chief of the division of mineral resources management | 5615 |
shall conduct examinations for the position of certified mine | 5616 |
foreperson in accordance with rules. In order to be eligible for | 5617 |
examination as a certified mine foreperson, an applicant shall | 5618 |
file with the chief an affidavit establishing the applicant's | 5619 |
qualifications to take the examination. The chief shall grade | 5620 |
examinations and issue certificates. | 5621 |
(C) A certificate issued under this section shall expire five | 5622 |
years after the date of issuance. A certificate may be renewed, | 5623 |
provided that the applicant verifies that all required training | 5624 |
pursuant to 30 C.F.R. part 46, as amended, has been completed and | 5625 |
any other requirements for renewal have been satisfied. | 5626 |
(D) If a certificate issued under this section is suspended, | 5627 |
the certificate shall not be renewed until the suspension period | 5628 |
expires and the person whose certificate is suspended successfully | 5629 |
completes all actions required by the chief. If an applicant's | 5630 |
license, certificate, or similar authority that is issued by | 5631 |
another state to perform specified mining duties is suspended or | 5632 |
revoked by that state, the applicant shall be ineligible for | 5633 |
examination for or renewal of a certificate in this state during | 5634 |
that period of suspension or revocation. A certificate that has | 5635 |
been revoked shall not be renewed. | 5636 |
If a person who has been certified by the chief under this | 5637 |
section purposely violates this chapter, the chief may suspend or | 5638 |
revoke the certificate after an investigation and hearing | 5639 |
conducted in accordance with Chapter 119. of the Revised Code are | 5640 |
completed. | 5641 |
(E) In lieu of employing a certified mine foreperson, the | 5642 |
operator of a surface mining operation may submit to the chief a | 5643 |
detailed training plan under which persons who qualify under the | 5644 |
plan may conduct and document examinations at the surface mining | 5645 |
operation for purposes of 30 C.F.R. part 56, as amended. The chief | 5646 |
shall review the plan and determine if the plan complies with the | 5647 |
requirements established in rules. The chief shall approve or deny | 5648 |
the plan and notify in writing the operator who submitted the plan | 5649 |
of the chief's decision. | 5650 |
Sec. 1514.50. (A) The chief of the division of mineral | 5651 |
resources management or an authorized employee of the division of | 5652 |
mineral resources management may enter on lands to make | 5653 |
inspections in accordance with this chapter and rules adopted | 5654 |
under it when necessary in the discharge of the duties specified | 5655 |
in this chapter and the rules. No person shall prevent or hinder | 5656 |
the chief or an authorized employee of the division in the | 5657 |
performance of those duties. | 5658 |
(B) For purposes of performing reclamation of land affected | 5659 |
by surface mining operations on which the holder of a permit | 5660 |
issued under this chapter has defaulted or otherwise failed to | 5661 |
timely conduct the reclamation required by section 1514.05 of the | 5662 |
Revised Code, the chief may enter on the land and perform | 5663 |
reclamation that the chief determines is necessary to protect | 5664 |
public health or safety or the environment. In order to perform | 5665 |
the reclamation, the chief may enter on adjoining land or other | 5666 |
land that is necessary to access the land on which the surface | 5667 |
mining occurred and on which the reclamation is to be performed. | 5668 |
The chief shall provide reasonable advance notice to the owner of | 5669 |
any land to be entered for the purpose of access for reclamation | 5670 |
under this chapter. The division shall return the land that was | 5671 |
used to access the former surface mining operation to the same or | 5672 |
an improved grade, topography, and condition that existed prior to | 5673 |
its use by the division. | 5674 |
(C) When conducting investigations pursuant to section | 5675 |
1514.13 of the Revised Code, the chief or an authorized employee | 5676 |
of the division may enter on lands to conduct water supply | 5677 |
surveys, measure ground water levels and collect data when | 5678 |
necessary to define the cone of depression, or perform other | 5679 |
duties for the purposes of that section. | 5680 |
Sec. 1514.99. (A) Whoever violates division (A)(1) or (2) of | 5681 |
section 1514.10 of the Revised Code may be fined not more than | 5682 |
five thousand dollars plus not more than one thousand dollars per | 5683 |
acre of land affected, and is responsible for achieving | 5684 |
reclamation of the land as required pursuant to this chapter. | 5685 |
(B) Whoever violates division (B) of section 1514.10 of the | 5686 |
Revised Code may be fined not more than one thousand dollars per | 5687 |
acre of land affected that is not under permit, and is responsible | 5688 |
for achieving reclamation of the land as required pursuant to this | 5689 |
chapter. | 5690 |
(C) Whoever violates division (C) of section 1514.10 of the | 5691 |
Revised Code may be fined not less than one hundred nor more than | 5692 |
one thousand dollars, or imprisoned not more than six months, or | 5693 |
both. | 5694 |
(D) Whoever violates division (D), (E), (F), or (G) of | 5695 |
section 1514.10 of the Revised Code may be fined not less than one | 5696 |
hundred nor more than one thousand dollars for a first offense. | 5697 |
For each subsequent offense, on one or more permits held by such | 5698 |
persons, such person may be fined not less than two hundred nor | 5699 |
more than five thousand dollars, or imprisoned not more than six | 5700 |
months, or both. The permit of any person convicted of a third | 5701 |
offense may be revoked by the court at the time of that | 5702 |
conviction, and the court at that time may further order that no | 5703 |
permit or amendment to a permit may be issued to that person under | 5704 |
this chapter for a period of five years from the date of the | 5705 |
conviction. Nothing contained in this section shall be construed | 5706 |
to limit or affect the authority of the chief of the division of | 5707 |
mineral resources management granted by this chapter. | 5708 |
(E) Whoever violates an order of the chief of the division of | 5709 |
mineral resources management issued under this chapter is guilty | 5710 |
of a minor misdemeanor. | 5711 |
Sec. 1515.093. The supervisors of a soil and water | 5712 |
conservation district may hold one or more credit cards on behalf | 5713 |
of the district and may authorize any supervisor or employee of | 5714 |
the district to use such a credit card to pay for expenses related | 5715 |
to the purposes of the district. The supervisors shall pay the | 5716 |
debt incurred as a result of the use of such a credit card from | 5717 |
money accepted by the supervisors as authorized under division (E) | 5718 |
of section 1515.08 of the Revised Code or from the special fund | 5719 |
established for the district under section 1515.10 of the Revised | 5720 |
Code. | 5721 |
The misuse of a credit card held on behalf of a soil and | 5722 |
water conservation district is a violation of section 2913.21 of | 5723 |
the Revised Code. In addition, a supervisor or employee of a | 5724 |
district who makes unauthorized use of such a credit card may be | 5725 |
held personally liable to the district for the unauthorized use. | 5726 |
This section does not limit any other liability of a supervisor or | 5727 |
employee of a district for the unauthorized use of such a credit | 5728 |
card. | 5729 |
A supervisor or employee of a soil and water conservation | 5730 |
district who is authorized to use a credit card that is held on | 5731 |
behalf of the district and who suspects the loss, theft, or | 5732 |
possibility of another person's unauthorized use of the credit | 5733 |
card immediately shall notify the supervisors in writing of the | 5734 |
suspected loss, theft, or possible unauthorized use. | 5735 |
Sec. 1515.10. The board of county commissioners of each | 5736 |
county in which there is a soil and water conservation district | 5737 |
may levy a tax within the ten-mill limitation and may appropriate | 5738 |
money from the proceeds of | 5739 |
of the county | 5740 |
for the credit of the district, to be expended for the purposes | 5741 |
prescribed in
| 5742 |
Code, for construction and maintenance of improvements by the | 5743 |
district, and for other expenses incurred in carrying out the | 5744 |
program of the district upon the written order of the fiscal agent | 5745 |
for the district after authorization by a majority of the | 5746 |
supervisors of the district. | 5747 |
Sec. 1515.211. (A) A board of county commissioners that | 5748 |
approves construction of a proposed improvement or the board's | 5749 |
designee shall prepare a schedule of estimated assessments on | 5750 |
property within the area that is to be benefited by the | 5751 |
improvement. In preparing the schedule, the board or its designee | 5752 |
shall use information concerning the proposed improvement that | 5753 |
must be submitted to the board by the supervisors of a soil and | 5754 |
water conservation district. The information includes plans for | 5755 |
the proposed improvement, including surveys, maps, and | 5756 |
specifications, together with schedules of damages, cost | 5757 |
estimates, and any related reports that the supervisors or their | 5758 |
designee prepared. | 5759 |
The schedule of estimated assessments that must be prepared | 5760 |
shall include the name and address of each owner of land believed | 5761 |
to be benefited by the proposed improvement together with a | 5762 |
description of the land. The names and descriptions shall be | 5763 |
obtained from the tax duplicates of the county. The board or its | 5764 |
designee shall enter in the schedule the amount of each estimated | 5765 |
assessment, which shall be determined using considerations | 5766 |
established in section 1515.24 of the Revised Code. In no case | 5767 |
shall an assessment be less than twenty-five dollars for each | 5768 |
parcel of land, except in the case of a multi-parcel lot, in which | 5769 |
case the board may charge a minimum of twenty-five dollars with | 5770 |
respect to all of the parcels comprising the multi-parcel lot. In | 5771 |
addition, the board may charge an assessment of less than | 5772 |
twenty-five dollars if the board determines that a lower amount is | 5773 |
appropriate, provided that the lower amount includes the cost of | 5774 |
preparing and mailing the notice required under division (D)(1) of | 5775 |
section 1515.24 of the Revised Code. The total of the estimated | 5776 |
assessments, including the total estimated assessments allocated | 5777 |
to public corporations and the state, shall equal the estimated | 5778 |
cost of the proposed improvement. The board shall use the schedule | 5779 |
of estimated assessments for purposes of levying final assessments | 5780 |
under section 1515.24 of the Revised Code. | 5781 |
(B) As used in this section, "multi-parcel lot" means a site | 5782 |
on which a dwelling is located and that comprises two or more | 5783 |
contiguous parcels of land. | 5784 |
Sec. 1517.02. There is hereby created in the department of | 5785 |
natural resources the division of natural areas and preserves, | 5786 |
which shall be administered by the chief of natural areas and | 5787 |
preserves. The chief shall take an oath of office and shall file | 5788 |
in the office of the secretary of state a bond signed by the chief | 5789 |
and by a surety approved by the governor for a sum fixed pursuant | 5790 |
to section 121.11 of the Revised Code. | 5791 |
The chief shall administer a system of nature preserves and | 5792 |
wild, scenic, and recreational river areas. The chief shall | 5793 |
establish a system of nature preserves through acquisition and | 5794 |
dedication of natural areas of state or national significance, | 5795 |
which shall include, but not be limited to, areas that represent | 5796 |
characteristic examples of Ohio's natural landscape types and its | 5797 |
natural vegetation and geological history. The chief shall | 5798 |
encourage landowners to dedicate areas of unusual significance as | 5799 |
nature preserves, and shall establish and maintain a registry of | 5800 |
natural areas of unusual significance. | 5801 |
The chief may supervise, operate, protect, and maintain wild, | 5802 |
scenic, and recreational river areas, as designated by the | 5803 |
director of natural resources. The chief may cooperate with | 5804 |
federal agencies administering any federal program concerning | 5805 |
wild, scenic, or recreational river areas. | 5806 |
The chief shall do the following: | 5807 |
(A) Formulate policies and plans for the acquisition, use, | 5808 |
management, and protection of nature preserves; | 5809 |
(B) Formulate policies for the selection of areas suitable | 5810 |
for registration; | 5811 |
(C) Formulate policies for the dedication of areas as nature | 5812 |
preserves; | 5813 |
(D) Prepare and maintain surveys and inventories of natural | 5814 |
areas | 5815 |
animals | 5816 |
be stored in the Ohio natural heritage database, established | 5817 |
pursuant to this division, and may be made available to any | 5818 |
individual or private or public agency for research, educational, | 5819 |
environmental, land management, or other similar purposes that are | 5820 |
not detrimental to the conservation of a species or feature. | 5821 |
Information regarding sensitive site locations of species that are | 5822 |
listed pursuant to section 1518.01 of the Revised Code and of | 5823 |
unique natural features that are included in the Ohio natural | 5824 |
heritage database is not subject to section 149.43 of the Revised | 5825 |
Code if the chief determines that the release of the information | 5826 |
could be detrimental to the conservation of a species or unique | 5827 |
natural feature. | 5828 |
(E) Adopt rules for the use, visitation, and protection of | 5829 |
nature preserves, natural areas owned or managed through easement, | 5830 |
license, or lease by the department and administered by the | 5831 |
division, and lands owned or managed through easement, license, or | 5832 |
lease by the department and administered by the division that are | 5833 |
within or adjacent to any wild, scenic, or recreational river | 5834 |
area, in accordance with Chapter 119. of the Revised Code; | 5835 |
(F) Provide facilities and improvements within the state | 5836 |
system of nature preserves that are necessary for their | 5837 |
visitation, use, restoration, and protection and do not impair | 5838 |
their natural character; | 5839 |
(G) Provide interpretive programs and publish and disseminate | 5840 |
information pertaining to nature preserves and natural areas for | 5841 |
their visitation and use; | 5842 |
(H) Conduct and grant permits to qualified persons for the | 5843 |
conduct of scientific research and investigations within nature | 5844 |
preserves; | 5845 |
(I) Establish an appropriate system for marking nature | 5846 |
preserves; | 5847 |
(J) Publish and submit to the governor and the general | 5848 |
assembly a biennial report of the status and condition of each | 5849 |
nature preserve, activities conducted within each preserve, and | 5850 |
plans and recommendations for natural area preservation. | 5851 |
Sec. 1517.10. (A) As used in this section, "felony" has the | 5852 |
same meaning as in section 109.511 of the Revised Code. | 5853 |
(B)(1) Any person selected by the chief of the division of | 5854 |
natural areas and preserves for custodial or patrol service on the | 5855 |
lands and waters operated or administered by the division shall be | 5856 |
employed in conformity with the law applicable to the classified | 5857 |
civil service of the state. Subject to division (C) of this | 5858 |
section, the chief may designate that person as a preserve | 5859 |
officer. A preserve officer, in any nature preserve, in any | 5860 |
natural area owned or managed through easement, license, or lease | 5861 |
by the department of natural resources and administered by the | 5862 |
division, and on lands owned or managed through easement, license, | 5863 |
or lease by the department and administered by the division that | 5864 |
are within or adjacent to any wild, scenic, or recreational river | 5865 |
area established under this chapter and along any trail | 5866 |
established under Chapter 1519. of the Revised Code, has the | 5867 |
authority specified under section 2935.03 of the Revised Code for | 5868 |
peace officers of the department of natural resources to keep the | 5869 |
peace, to enforce all laws and rules governing those lands and | 5870 |
waters, and to make arrests for violation of those laws and rules, | 5871 |
provided that the authority shall be exercised on lands or waters | 5872 |
administered by another division of the department only pursuant | 5873 |
to an agreement with the chief of that division or to a request | 5874 |
for assistance by an enforcement officer of that division in an | 5875 |
emergency. A preserve officer, in or along any watercourse within, | 5876 |
abutting, or upstream from the boundary of any area administered | 5877 |
by the department, has the authority to enforce section 3767.32 of | 5878 |
the Revised Code and any other laws prohibiting the dumping of | 5879 |
refuse into or along waters and to make arrests for violation of | 5880 |
those laws. The jurisdiction of a preserve officer shall be | 5881 |
concurrent with that of the peace officers of the county, | 5882 |
township, or municipal corporation in which the violation occurs. | 5883 |
The governor, upon the recommendation of the chief, shall | 5884 |
issue to each preserve officer a commission indicating authority | 5885 |
to make arrests as provided in this section. | 5886 |
The chief shall furnish a suitable badge to each commissioned | 5887 |
preserve officer as evidence of the preserve officer's authority. | 5888 |
(2) If any person employed under this section is designated | 5889 |
by the chief to act as an agent of the state in the collection of | 5890 |
money resulting from the sale of licenses, fees of any nature, or | 5891 |
other money belonging to the state, the chief shall require a | 5892 |
surety bond from the person in an amount not less than one | 5893 |
thousand dollars. | 5894 |
(3) A preserve officer may render assistance to a state or | 5895 |
local law enforcement officer at the request of the officer or in | 5896 |
the event of an emergency. Preserve officers serving outside the | 5897 |
division of natural areas and preserves under this section or | 5898 |
serving under the terms of a mutual aid compact authorized under | 5899 |
section 1501.02 of the Revised Code shall be considered as | 5900 |
performing services within their regular employment for the | 5901 |
purposes of compensation, pension or indemnity fund rights, | 5902 |
workers' compensation, and other rights or benefits to which they | 5903 |
may be entitled as incidents of their regular employment. | 5904 |
Preserve officers serving outside the division of natural | 5905 |
areas and preserves under this section or under the terms of a | 5906 |
mutual aid compact retain personal immunity from civil liability | 5907 |
as specified in section 9.86 of the Revised Code and shall not be | 5908 |
considered an employee of a political subdivision for purposes of | 5909 |
Chapter 2744. of the Revised Code. A political subdivision that | 5910 |
uses preserve officers under this section or under the terms of a | 5911 |
mutual aid compact authorized under section 1501.02 of the Revised | 5912 |
Code is not subject to civil liability under Chapter 2744. of the | 5913 |
Revised Code as a result of any action or omission of any preserve | 5914 |
officer acting under this section or under a mutual aid compact. | 5915 |
(C)(1) The chief of the division of natural areas and | 5916 |
preserves shall not designate a person as a preserve officer | 5917 |
pursuant to division (B)(1) of this section on a permanent basis, | 5918 |
on a temporary basis, for a probationary term, or on other than a | 5919 |
permanent basis if the person previously has been convicted of or | 5920 |
has pleaded guilty to a felony. | 5921 |
(2)(a) The chief of the division of natural areas and | 5922 |
preserves shall terminate the employment as a preserve officer of | 5923 |
a person designated as a preserve officer under division (B)(1) of | 5924 |
this section if that person does either of the following: | 5925 |
(i) Pleads guilty to a felony; | 5926 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 5927 |
plea agreement as provided in division (D) of section 2929.43 of | 5928 |
the Revised Code in which the preserve officer agrees to surrender | 5929 |
the certificate awarded to the preserve officer under section | 5930 |
109.77 of the Revised Code. | 5931 |
(b) The chief shall suspend from employment as a preserve | 5932 |
officer a person designated as a preserve officer under division | 5933 |
(B)(1) of this section if that person is convicted, after trial, | 5934 |
of a felony. If the preserve officer files an appeal from that | 5935 |
conviction and the conviction is upheld by the highest court to | 5936 |
which the appeal is taken or if the preserve officer does not file | 5937 |
a timely appeal, the chief shall terminate the employment of that | 5938 |
preserve officer. If the preserve officer files an appeal that | 5939 |
results in the preserve officer's acquittal of the felony or | 5940 |
conviction of a misdemeanor, or in the dismissal of the felony | 5941 |
charge against the preserve officer, the chief shall reinstate | 5942 |
that preserve officer. A preserve officer who is reinstated under | 5943 |
division (C)(2)(b) of this section shall not receive any back pay | 5944 |
unless that preserve officer's conviction of the felony was | 5945 |
reversed on appeal, or the felony charge was dismissed, because | 5946 |
the court found insufficient evidence to convict the preserve | 5947 |
officer of the felony. | 5948 |
(3) Division (C) of this section does not apply regarding an | 5949 |
offense that was committed prior to January 1, 1997. | 5950 |
(4) The suspension from employment, or the termination of the | 5951 |
employment, of a preserve officer under division (C)(2) of this | 5952 |
section shall be in accordance with Chapter 119. of the Revised | 5953 |
Code. | 5954 |
Sec. 1517.11. There is hereby created in the state treasury | 5955 |
the natural areas and preserves fund, which shall consist of | 5956 |
moneys transferred into it under section 5747.113 of the Revised | 5957 |
Code and of contributions made directly to it. Any person may | 5958 |
contribute directly to the fund in addition to or independently of | 5959 |
the income tax refund contribution system established in that | 5960 |
section. | 5961 |
Moneys in the fund shall be disbursed pursuant to vouchers | 5962 |
approved by the director of natural resources for use by the | 5963 |
division of natural areas and preserves solely for the following | 5964 |
purposes: | 5965 |
(A) The acquisition of new or expanded natural areas, nature | 5966 |
preserves, and wild, scenic, and recreational river areas; | 5967 |
(B) Facility development in natural areas, nature preserves, | 5968 |
and wild, scenic, and recreational river areas; | 5969 |
(C) Special projects, including, but not limited to, | 5970 |
biological inventories, research grants, and the production of | 5971 |
interpretive material related to natural areas, nature preserves, | 5972 |
and wild, scenic, and recreational river areas; | 5973 |
(D) Routine maintenance for health and safety purposes. | 5974 |
Moneys appropriated from the fund shall not be used to fund | 5975 |
salaries of permanent employees | 5976 |
5977 |
All investment earnings of the fund shall be credited to the | 5978 |
fund. | 5979 |
Sec. 1520.02. (A) The director of natural resources has | 5980 |
exclusive authority to administer, manage, and establish policies | 5981 |
governing canal lands. | 5982 |
(B)(1) | 5983 |
5984 | |
part of the state's interest in any canal lands in accordance with | 5985 |
section 1501.01 of the Revised Code. The director may stipulate | 5986 |
that an appraisal or survey need not be conducted for, and may | 5987 |
establish any terms or conditions that the director determines | 5988 |
appropriate for, any such conveyance. | 5989 |
(2) With regard to canal lands, the chief of the division of | 5990 |
water, with the approval of the director, may sell, lease, or | 5991 |
transfer minerals
or mineral rights when the chief | 5992 |
approval of the director | 5993 |
lease, or transfer is in the best interest of the state. | 5994 |
Consideration for minerals and mineral rights shall be by rental | 5995 |
or on a royalty basis as prescribed by the chief, with the | 5996 |
approval of the director, and payable as prescribed by contract. | 5997 |
Moneys collected under division (B)(2) of this section shall be | 5998 |
paid into the state treasury to the credit of the canal lands fund | 5999 |
created in section 1520.05 of the Revised Code. | 6000 |
(C) | 6001 |
6002 | |
6003 | |
6004 | |
6005 | |
6006 | |
6007 | |
6008 | |
6009 | |
6010 | |
6011 |
| 6012 |
Ohio historical society any equipment, maps, and records used on | 6013 |
or related to canal lands that are of historical interest and that | 6014 |
are not needed by the director to administer this chapter. | 6015 |
(D) If the director | 6016 |
canal lands are a necessary part of a county's drainage or ditch | 6017 |
system and are not needed for any purpose of the department of | 6018 |
natural resources, the director may sell, grant, or otherwise | 6019 |
convey those canal lands to that county in accordance with | 6020 |
division (B) of this section. The board of county commissioners | 6021 |
shall accept the transfer of canal lands. | 6022 |
(E) Notwithstanding any other section of the Revised Code, | 6023 |
the county auditor shall transfer any canal lands conveyed under | 6024 |
this section, and the county recorder shall record the deed for | 6025 |
those lands in accordance with section 317.12 of the Revised Code. | 6026 |
6027 | |
6028 |
Sec. 1520.03. (A) The director of natural resources may | 6029 |
appropriate real property in accordance with Chapter 163. of the | 6030 |
Revised Code for the purpose of administering this chapter. | 6031 |
(B)(1) The director shall operate and maintain all canals and | 6032 |
canal reservoirs owned by the state except those canals that are | 6033 |
operated by the Ohio historical society on July 1, 1989. | 6034 |
(2) On behalf of the director, the division of water shall | 6035 |
have the care and control of all canals and canal reservoirs owned | 6036 |
by the state, the water in them, and canal lands and shall | 6037 |
protect, operate, and maintain them and keep them in repair. The | 6038 |
chief of the division of water may remove obstructions from or on | 6039 |
them and shall make any alterations or changes in or to them and | 6040 |
construct any feeders, dikes, reservoirs, dams, locks, or other | 6041 |
works, devices, or improvements in or on them that are necessary | 6042 |
in the discharge of the chief's duties. | 6043 |
In accordance with Chapter 119. of the Revised Code, the | 6044 |
chief may adopt, amend, and rescind rules that are necessary for | 6045 |
the administration of this division. | 6046 |
(C) The director may sell or lease water from any canal or | 6047 |
canal reservoir that the director operates and maintains only to | 6048 |
the extent that the water is in excess of the quantity that is | 6049 |
required for navigation, recreation, and wildlife purposes. The | 6050 |
director may adopt, amend, and rescind rules in accordance with | 6051 |
Chapter 119. of the Revised Code necessary to administer this | 6052 |
division. | 6053 |
The withdrawal of water from any canal or canal reservoir for | 6054 |
domestic use is exempt from this division. However, the director | 6055 |
may require water conservation measures for water that is | 6056 |
withdrawn from any canal or canal reservoir for domestic use | 6057 |
during drought conditions or other emergencies declared by the | 6058 |
governor. | 6059 |
(D) No person shall take or divert water from any canal or | 6060 |
canal reservoir operated and maintained by the director except in | 6061 |
accordance with division (C) of this section. | 6062 |
(E) At the request of the director, the attorney general may | 6063 |
commence a civil action for civil penalties and injunctions, in a | 6064 |
court of common pleas, against any person who has violated or is | 6065 |
violating division (D) of this section. The court of common pleas | 6066 |
in which an action for injunctive relief is filed has jurisdiction | 6067 |
to and shall grant preliminary and permanent injunctive relief | 6068 |
upon a showing that the person against whom the action is brought | 6069 |
has violated or is violating that division. | 6070 |
Upon a finding of a violation, the court shall assess a civil | 6071 |
penalty of not more than one thousand dollars for each day of each | 6072 |
violation if the violator is an individual who took or diverted | 6073 |
the water in question for residential or agricultural use. The | 6074 |
court shall assess a civil penalty of not more than five thousand | 6075 |
dollars for each day of each violation if the violator is any | 6076 |
other person who took or diverted the water in question for | 6077 |
industrial or commercial use excluding agricultural use. Moneys | 6078 |
from civil penalties assessed under this division shall be paid | 6079 |
into the state treasury to the credit of the canal lands fund | 6080 |
created in section 1520.05 of the Revised Code. | 6081 |
Any action under this division is a civil action, governed by | 6082 |
the rules of civil procedure and other rules of practice and | 6083 |
procedure applicable to civil actions. | 6084 |
(F) As used in this section, "person" means any agency of | 6085 |
this state, any political subdivision of this state or of the | 6086 |
United States, or any legal entity defined as a person under | 6087 |
section 1.59 of the Revised Code. | 6088 |
Sec. 1520.05. There is hereby created in the state treasury | 6089 |
the canal lands fund, which shall be composed of all moneys | 6090 |
received by the director of natural resources under sections | 6091 |
1520.02 and 1520.03 of the Revised Code, all civil penalties | 6092 |
assessed under section 1520.03 of the Revised Code, and any moneys | 6093 |
appropriated to it. The fund shall be administered by the | 6094 |
director, who shall spend moneys in the fund for the purposes of | 6095 |
administering and
enforcing this chapter | 6096 |
6097 | |
fund, as determined by | 6098 |
operated by the department of natural resources. | 6099 |
Sec. 1520.07. (A) The director of natural resources may give | 6100 |
away or sell timber that has fallen on or been removed for | 6101 |
maintenance reasons from canal lands. | 6102 |
(B) The director may give away or sell the spoils of a | 6103 |
dredging operation conducted by the department of natural | 6104 |
resources in waters under the control and management of the | 6105 |
6106 | |
spoils under this division, the director shall notify the director | 6107 |
of
environmental protection of | 6108 |
director of environmental protection may determine whether the | 6109 |
spoils constitute solid wastes or hazardous waste, as those terms | 6110 |
are defined in section 3734.01 of the Revised Code, that shall be | 6111 |
disposed of in accordance with Chapter 3734. of the Revised Code. | 6112 |
If the director of environmental protection does not notify the | 6113 |
director of natural resources within thirty days after receiving | 6114 |
notice of the gift or sale that the spoils shall be disposed of in | 6115 |
accordance with Chapter 3734. of the Revised Code, the director of | 6116 |
natural resources may proceed with the gift or sale. | 6117 |
(C) Proceeds from the sale of timber or dredge spoils under | 6118 |
this section shall be deposited into the state treasury to the | 6119 |
credit of the canal lands fund created in section 1520.05 of the | 6120 |
Revised Code. | 6121 |
Sec. 1521.01. As used in sections 1521.01 to 1521.05, | 6122 |
1521.13 to 1521.18, and 1521.20 to 1521.30 of the Revised Code: | 6123 |
(A) "Consumptive use," "diversion," "Lake Erie drainage | 6124 |
basin," "other great lakes states and provinces," "water | 6125 |
resources," and "waters of the state" have the same meanings as in | 6126 |
section 1501.30 of the Revised Code. | 6127 |
(B) "Well" means any excavation, regardless of design or | 6128 |
method of construction, created for any of the following purposes: | 6129 |
(1) Removing ground water from or recharging water into an | 6130 |
aquifer, excluding subsurface drainage systems installed to | 6131 |
enhance agricultural crop production or urban or suburban | 6132 |
landscape management or to control seepage in dams, dikes, and | 6133 |
levees; | 6134 |
(2) Determining the quantity, quality, level, or movement of | 6135 |
ground water in or the stratigraphy of an aquifer, excluding | 6136 |
borings for instrumentation in dams, dikes, levees, or highway | 6137 |
embankments; | 6138 |
(3) Removing or exchanging heat from ground water, excluding | 6139 |
horizontal trenches that are installed for water source heat pump | 6140 |
systems. | 6141 |
(C) "Aquifer" means a consolidated or unconsolidated geologic | 6142 |
formation or series of formations that are hydraulically | 6143 |
interconnected and that have the ability to receive, store, or | 6144 |
transmit water. | 6145 |
(D) "Ground water" means all water occurring in an aquifer. | 6146 |
(E) "Ground water stress area" means a definable geographic | 6147 |
area in which ground water quantity is being affected by human | 6148 |
activity or natural forces to the extent that continuous | 6149 |
availability of supply is jeopardized by withdrawals. | 6150 |
(F) "Person" has the same meaning as in section 1.59 of the | 6151 |
Revised Code and also includes the United States, the state, any | 6152 |
political subdivision of the state, and any department, division, | 6153 |
board, commission, agency, or instrumentality of the United | 6154 |
States, the state, or a political subdivision of the state. | 6155 |
(G) "State agency" or "agency of the state" has the same | 6156 |
meaning as "agency" in section 111.15 of the Revised Code. | 6157 |
(H) "Development" means any artificial change to improved or | 6158 |
unimproved real estate, including the construction of buildings | 6159 |
and other structures, any substantial improvement of a structure, | 6160 |
6161 | |
drilling operations, and storage of equipment or materials. | 6162 |
(I) "Floodplain" means the area adjoining any river, stream, | 6163 |
watercourse, or lake that has been or may be covered by flood | 6164 |
water. | 6165 |
(J) "Floodplain management" means the implementation of an | 6166 |
overall program of corrective and preventive measures for reducing | 6167 |
flood damage, including the collection and dissemination of flood | 6168 |
information, construction of flood control works, nonstructural | 6169 |
flood damage reduction techniques, and adoption of rules, | 6170 |
ordinances, or resolutions governing development in floodplains. | 6171 |
(K) "One-hundred-year flood" means a flood having a one per | 6172 |
cent chance of being equaled or exceeded in any given year. | 6173 |
(L) "One-hundred-year floodplain" means that portion of a | 6174 |
floodplain inundated by a one-hundred-year flood. | 6175 |
(M) "Structure" means a walled and roofed building, | 6176 |
including, without limitation, gas or liquid storage tanks, mobile | 6177 |
homes, and manufactured homes. | 6178 |
(N) "Substantial improvement" means any reconstruction, | 6179 |
rehabilitation, addition, or other improvement of a structure, the | 6180 |
cost of which equals or exceeds fifty per cent of the market value | 6181 |
of the structure before the start of construction of the | 6182 |
improvement. "Substantial improvement" includes repairs to | 6183 |
structures that have incurred substantial damage regardless of the | 6184 |
actual repair work performed. "Substantial improvement" does not | 6185 |
include either of the following: | 6186 |
(1) Any project for the improvement of a structure to correct | 6187 |
existing violations of state or local health, sanitary, or safety | 6188 |
code specifications that have been identified by the state or | 6189 |
local code enforcement official having jurisdiction and that are | 6190 |
the minimum necessary to ensure safe living conditions; | 6191 |
(2) Any alteration of an historic structure designated or | 6192 |
listed pursuant to federal or state law, provided that the | 6193 |
alteration will not preclude the structure's continued listing or | 6194 |
designation as an historic structure. | 6195 |
(O) "Shore structure" includes, but is not limited to: | 6196 |
beaches; groins; revetments; bulkheads; seawalls; breakwaters; | 6197 |
certain dikes designated by the chief of the division of water; | 6198 |
piers; docks; jetties; wharves; marinas; boat ramps; any | 6199 |
associated fill or debris used as part of the construction of | 6200 |
shore structures that may affect shore erosion, wave action, or | 6201 |
inundation; and fill or debris placed along or near the shore, | 6202 |
including bluffs, banks, or beach ridges, for the purpose of | 6203 |
stabilizing slopes. | 6204 |
(P) "Substantial damage" means damage of any origin that is | 6205 |
sustained by a structure if the cost of restoring the structure to | 6206 |
its condition prior to the damage would equal or exceed fifty per | 6207 |
cent of the market value of the structure before the damage | 6208 |
occurred. | 6209 |
(Q) "National flood insurance program" means the national | 6210 |
flood insurance program established in the "National Flood | 6211 |
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended, | 6212 |
and regulations adopted under it. | 6213 |
(R) "Conservancy district" means a conservancy district | 6214 |
established under Chapter 6101. of the Revised Code. | 6215 |
| 6216 |
a park district created under Chapter 1545. of the Revised Code. | 6217 |
| 6218 |
designed primarily to reduce or control erosion of the shore along | 6219 |
or near lake erie, including, but not limited to, revetments, | 6220 |
seawalls, bulkheads, certain breakwaters designated by the chief, | 6221 |
and similar structures. "Erosion control structure" does not | 6222 |
include wharves, piers, docks, marinas, boat ramps, and other | 6223 |
similar structures. | 6224 |
Sec. 1521.04. The chief of the division of water, with the | 6225 |
approval of the director of natural resources, may make loans and | 6226 |
grants from the water management fund created in section 1501.32 | 6227 |
of the Revised Code to governmental agencies for water management, | 6228 |
water supply improvements, and planning and may administer grants | 6229 |
from the federal government and from other public or private | 6230 |
sources for carrying out those functions and for the performance | 6231 |
of any acts that may be required by the United States or by any | 6232 |
agency or department thereof as a condition for the participation | 6233 |
by any governmental agency in any federal financial or technical | 6234 |
assistance program. Direct and indirect costs of administration | 6235 |
may be paid from the | 6236 |
The chief may use the water management fund for the purposes | 6237 |
of administering the water diversion and consumptive use permit | 6238 |
programs established in sections 1501.30 to 1501.35 of the Revised | 6239 |
Code; to perform watershed and water resources studies for the | 6240 |
purposes of water management planning; and to acquire, construct, | 6241 |
reconstruct, improve, equip, maintain, operate, and dispose of | 6242 |
water management improvements. The chief may fix, alter, charge, | 6243 |
and collect rates, fees, rentals, and other charges to be paid | 6244 |
into the | 6245 |
persons who are supplied with water by facilities constructed or | 6246 |
operated by the department of natural resources in order to | 6247 |
amortize and defray the cost of the construction, maintenance, and | 6248 |
operation of those facilities. | 6249 |
Sec. 1521.05. (A) As used in this section: | 6250 |
(1) "Construct" or "construction" includes drilling, boring, | 6251 |
digging, deepening, altering, and logging. | 6252 |
(2) "Altering" means changing the configuration of a well, | 6253 |
including, without limitation, deepening a well, extending or | 6254 |
replacing any portion of the inside or outside casing or wall of a | 6255 |
well that extends below ground level, plugging a portion of a well | 6256 |
back to a certain depth, and reaming out a well to enlarge its | 6257 |
original diameter. | 6258 |
(3) "Logging" means describing the lithology, grain size, | 6259 |
color, and texture of the formations encountered during the | 6260 |
drilling, boring, digging, deepening, or altering of a well. | 6261 |
(4) "Grouting" means neat cement; bentonite products in | 6262 |
slurry, granular, or pelletized form, excluding drilling mud or | 6263 |
fluids; or any combination of neat cement and bentonite products | 6264 |
that is placed within a well to seal the annular space or to seal | 6265 |
an abandoned well and that is impervious to and capable of | 6266 |
preventing the movement of water. | 6267 |
(5) "Abandoned well" means a well whose use has been | 6268 |
permanently discontinued and that poses potential health and | 6269 |
safety hazards or that has the potential to transmit surface | 6270 |
contaminants into the aquifer in which the well has been | 6271 |
constructed. | 6272 |
(6) "Sealing" means the complete filling of an abandoned well | 6273 |
with grouting or other approved materials in order to permanently | 6274 |
prevent the vertical movement of water in the well and thus | 6275 |
prevent the contamination of ground water or the intermixing of | 6276 |
water between aquifers. | 6277 |
(B) Any person that constructs a well shall keep a careful | 6278 |
and accurate log of the construction of the well. The log shall | 6279 |
show all of the following: | 6280 |
(1) The character, including, without limitation, the | 6281 |
lithology, color, texture, and grain size, the name, if known, and | 6282 |
the depth of all formations passed through or encountered; | 6283 |
(2) The depths at which water is encountered; | 6284 |
(3) The static water level of the completed well; | 6285 |
(4) A copy of the record of all pumping tests and analyses | 6286 |
related to those tests, if any; | 6287 |
(5) Construction details, including lengths, diameters, and | 6288 |
thicknesses of casing and screening and the volume, type of | 6289 |
material, and method of introducing gravel packing and grouting | 6290 |
into the well; | 6291 |
(6) The type of pumping equipment installed, if any; | 6292 |
(7) The name of the owner of the well, the address of the | 6293 |
location where the well was constructed, and | 6294 |
6295 | |
the latitude and longitude of the well | 6296 |
(8) The signature of the individual who constructed the well | 6297 |
and filed the well log; | 6298 |
(9) Any other information required by the chief of the | 6299 |
division of water. | 6300 |
The log shall be furnished to the division of water within | 6301 |
thirty days after the completion of construction of the well on | 6302 |
forms prescribed and prepared by the division. The log shall be | 6303 |
kept on file by the division. | 6304 |
(C) Any person that seals a well shall keep a careful and | 6305 |
accurate report of the sealing of the well. The sealing report | 6306 |
shall show all of the following: | 6307 |
(1) The name of the owner of the well, the address of the | 6308 |
location where the well was constructed, and either the state | 6309 |
plane coordinates or the latitude and longitude of the well; | 6310 |
(2) The depth of the well, the size and length of its casing, | 6311 |
and the static water level of the well; | 6312 |
(3) The sealing procedures, including the volume and type of | 6313 |
sealing material or materials and the method and depth of | 6314 |
placement of each material; | 6315 |
(4) The date on which the sealing was performed; | 6316 |
(5) The signature of the individual who sealed the well and | 6317 |
filed the sealing report; | 6318 |
(6) Any other information required by the chief. | 6319 |
The sealing report shall be furnished to the division within | 6320 |
thirty days after the completion of the sealing of the well on | 6321 |
forms prescribed and prepared by the division. | 6322 |
(D) In accordance with Chapter 119. of the Revised Code, the | 6323 |
chief may adopt, amend, and rescind rules requiring other persons | 6324 |
that are involved in the construction or subsequent development of | 6325 |
a well to submit well logs under | 6326 |
containing any or all of the information specified in divisions | 6327 |
(B)(1) to (9) of
this section and | 6328 |
6329 | |
6330 | |
6331 | |
6332 | |
under division (C) of this section. | 6333 |
| 6334 |
or a sealing report as required by this section. | 6335 |
(2) No person shall make a false statement in any well log or | 6336 |
sealing report required to be kept and submitted under this | 6337 |
section. Violation
of division | 6338 |
falsification under section 2921.13 of the Revised Code. | 6339 |
| 6340 |
division | 6341 |
established when the division obtains either of the following: | 6342 |
(1) A certified copy of a permit for a private water system | 6343 |
issued in accordance with rules adopted under section 3701.344 of | 6344 |
the Revised Code, or a certified copy of the invoice or a canceled | 6345 |
check from the owner of a well indicating the construction or | 6346 |
sealing services performed; | 6347 |
(2) A certified copy of any permit issued under Chapter 3734. | 6348 |
or 6111. of the Revised Code or plan approval granted under | 6349 |
Chapter 6109. of the Revised Code for any activity that includes | 6350 |
the construction or sealing of a well as applicable. | 6351 |
Sec. 1521.06. (A) No dam may be constructed for the purpose | 6352 |
of storing, conserving, or retarding water, or for any other | 6353 |
purpose, nor shall any | 6354 |
purpose of diverting or retaining flood water, unless the person | 6355 |
or governmental agency desiring the construction has a | 6356 |
construction permit for the dam | 6357 |
chief of the division of water. | 6358 |
A construction permit is not required under this section for: | 6359 |
(1) A dam that is or will be less than ten feet in height and | 6360 |
that has or will have a storage capacity of not more than fifty | 6361 |
acre-feet at the elevation of the top of the dam, as determined by | 6362 |
the chief. For the purposes of this section, the height of a dam | 6363 |
shall be measured from the natural stream bed or lowest ground | 6364 |
elevation at the downstream or outside limit of the dam to the | 6365 |
elevation of the top of the dam. | 6366 |
(2) A dam, regardless of height, that has or will have a | 6367 |
storage capacity of not more than fifteen acre-feet at the | 6368 |
elevation of the top of the dam, as determined by the chief; | 6369 |
(3) A dam, regardless of storage capacity, that is or will be | 6370 |
six feet or less in height, as determined by the chief; | 6371 |
(4) A dam | 6372 |
the chief; | 6373 |
(5) The repair, maintenance, improvement, alteration, or | 6374 |
removal of a dam | 6375 |
1521.062 of the Revised Code, unless the construction constitutes | 6376 |
an enlargement or reconstruction of the structure as determined by | 6377 |
the chief; | 6378 |
(6) A dam or impoundment constructed under Chapter 1513. of | 6379 |
the Revised Code. | 6380 |
(B) Before a construction permit may be issued, three copies | 6381 |
of the plans and specifications, including a detailed cost | 6382 |
estimate, for the proposed construction, prepared by a registered | 6383 |
professional engineer, together with the filing fee specified by | 6384 |
this section and the bond or other security required by section | 6385 |
1521.061 of the Revised Code, shall be filed with the chief. The | 6386 |
detailed estimate of the cost shall include all costs associated | 6387 |
with the construction of the dam | 6388 |
supervision and inspection of the construction by a registered | 6389 |
professional engineer. The filing fee shall be based on the | 6390 |
detailed cost estimate for the proposed construction as filed with | 6391 |
and approved by the chief, and shall be determined by the | 6392 |
following schedule unless otherwise provided by rules adopted | 6393 |
under this section: | 6394 |
(1) For the first one hundred thousand dollars of estimated | 6395 |
cost, a fee of four per cent; | 6396 |
(2) For the next four hundred thousand dollars of estimated | 6397 |
cost, a fee of three per cent; | 6398 |
(3) For the next five hundred thousand dollars of estimated | 6399 |
cost, a fee of two per cent; | 6400 |
(4) For all costs in excess of one million dollars, a fee of | 6401 |
one-half of one per cent. | 6402 |
In no case shall the filing fee be less than one thousand | 6403 |
dollars or more than one hundred thousand dollars. If the actual | 6404 |
cost exceeds the estimated cost by more than fifteen per cent, an | 6405 |
additional filing fee shall be required equal to the fee | 6406 |
determined by the preceding schedule less the original filing fee. | 6407 |
All fees collected pursuant to this section, and all fines | 6408 |
collected pursuant to section 1521.99 of the Revised Code, shall | 6409 |
be deposited in the state treasury to the credit of the dam safety | 6410 |
fund, which is hereby created. Expenditures from the fund shall be | 6411 |
made by the chief for the purpose of administering this section | 6412 |
and sections 1521.061 and 1521.062 of the Revised Code. | 6413 |
(C) The chief shall, within thirty days from the date of the | 6414 |
receipt of the application, fee, and bond or other security, issue | 6415 |
or deny a construction permit for the construction or may issue a | 6416 |
construction permit conditioned upon the making of such changes in | 6417 |
the plans and specifications for the construction as the chief | 6418 |
considers advisable if the chief determines that the construction | 6419 |
of
the proposed dam | 6420 |
and specifications filed, would endanger life, health, or | 6421 |
property. | 6422 |
(D) The chief may deny a construction permit after finding | 6423 |
that a dam | 6424 |
specifications would endanger life, health, or property, because | 6425 |
of improper or inadequate design, or for such other reasons as the | 6426 |
chief may determine. | 6427 |
In the event the chief denies a permit for the construction | 6428 |
of the dam | 6429 |
making of changes in the plans or specifications for the | 6430 |
construction, the chief shall state the reasons therefor and so | 6431 |
notify, in writing, the person or governmental agency making the | 6432 |
application for a permit. If the permit is denied, the chief shall | 6433 |
return the bond or other security to the person or governmental | 6434 |
agency making application for the permit. | 6435 |
The decision of the chief conditioning or denying a | 6436 |
construction permit is subject to appeal as provided in Chapter | 6437 |
119. of the Revised Code. A dam | 6438 |
substantially at variance from the plans and specifications upon | 6439 |
which a construction permit was issued is in violation of this | 6440 |
section. The chief may at any time inspect any dam | 6441 |
levee, or site upon which any dam | 6442 |
constructed, in order to determine whether it complies with this | 6443 |
section. | 6444 |
(E) A registered professional engineer shall inspect the | 6445 |
construction for which the permit was issued during all phases of | 6446 |
construction and shall furnish to the chief such regular reports | 6447 |
of the engineer's inspections as the chief may require. When the | 6448 |
chief finds that construction has been fully completed in | 6449 |
accordance with the terms of the permit and the plans and | 6450 |
specifications approved by the chief, the chief shall approve the | 6451 |
construction. When one year has elapsed after approval of the | 6452 |
completed construction, and the chief finds that within this | 6453 |
period no fact has become apparent to indicate that the | 6454 |
construction was not performed in accordance with the terms of the | 6455 |
permit and the plans and specifications approved by the chief, or | 6456 |
that the construction as performed would endanger life, health, or | 6457 |
property, the chief shall release the bond or other security. No | 6458 |
bond or other security shall be released until one year after | 6459 |
final approval by the
chief, unless the dam | 6460 |
been modified so that it will not retain water and has been | 6461 |
approved as nonhazardous after determination by the chief that the | 6462 |
dam | 6463 |
property. | 6464 |
(F) When inspections required by this section are not being | 6465 |
performed, the chief shall notify the person or governmental | 6466 |
agency to which the permit has been issued that inspections are | 6467 |
not being performed by the registered professional engineer and | 6468 |
that the chief will inspect the remainder of the construction. | 6469 |
Thereafter, the chief shall inspect the construction and the cost | 6470 |
of inspection shall be charged against the owner. Failure of the | 6471 |
registered professional engineer to submit required inspection | 6472 |
reports shall be deemed notice that the engineer's inspections are | 6473 |
not being performed. | 6474 |
(G) The chief may order construction to cease on any dam | 6475 |
6476 | |
and may prohibit the retention of
water behind any dam | 6477 |
levee that has been built in violation of this section. The | 6478 |
attorney general, upon written request of the chief, may bring an | 6479 |
action for an injunction against any person who violates this | 6480 |
section or to enforce an order or prohibition of the chief made | 6481 |
pursuant to this section. | 6482 |
(H) The chief may adopt rules in accordance with Chapter 119. | 6483 |
of the Revised Code, for the design and construction of
dams | 6484 |
6485 | |
this section or for which periodic inspection is required by | 6486 |
section 1521.062 of the Revised Code, for establishing a filing | 6487 |
fee schedule in lieu of the schedule established under division | 6488 |
(B) of this section, for deposit and forfeiture of bonds and other | 6489 |
securities required by section 1521.061 of the Revised Code, for | 6490 |
the periodic inspection, operation, repair, improvement, | 6491 |
alteration, or removal of all
dams | 6492 |
specified in section 1521.062 of the Revised Code, and for | 6493 |
establishing classes of dams | 6494 |
from the requirements of | 6495 |
1521.062 of the Revised Code as being of a size, purpose, or | 6496 |
situation that does not present a substantial hazard to life, | 6497 |
health, or property. The chief may, by rule, limit the period | 6498 |
during which a construction permit issued under this section is | 6499 |
valid. The rules may allow for the extension of the period during | 6500 |
which a permit is valid upon written request, provided that the | 6501 |
written request includes a revised construction cost estimate, and | 6502 |
may require the payment of an additional filing fee for the | 6503 |
requested extension. If a construction permit expires without an | 6504 |
extension before construction is completed, the person or agency | 6505 |
shall apply for a new permit, and shall not continue construction | 6506 |
until the new permit is issued. | 6507 |
Sec. 1521.061. Except as otherwise provided in this section, | 6508 |
a construction permit shall not be issued under section 1521.06 of | 6509 |
the Revised Code unless the person or governmental agency applying | 6510 |
for the permit executes and files a surety bond conditioned on | 6511 |
completion of the dam | 6512 |
of the permit and the plans and specifications approved by the | 6513 |
chief of the division of water, in an amount equal to fifty per | 6514 |
cent of the estimated cost of the project. | 6515 |
If a permittee requests an extension of the time period | 6516 |
during which a construction permit is valid in accordance with | 6517 |
rules adopted under section 1521.06 of the Revised Code, the chief | 6518 |
shall determine whether the revised construction cost estimate | 6519 |
provided with the request exceeds the original construction cost | 6520 |
estimate that was filed with the chief by more than twenty-five | 6521 |
per cent. If the revised construction cost estimate exceeds the | 6522 |
original construction cost estimate by more than twenty-five per | 6523 |
cent, the chief may require an additional surety bond to be filed | 6524 |
so that the total amount of the surety bonds equals at least fifty | 6525 |
per cent of the revised construction cost estimate. | 6526 |
The chief shall not approve any bond until it is personally | 6527 |
signed and acknowledged by both principal and surety, or as to | 6528 |
either by | 6529 |
of the power of attorney attached. The chief shall not approve the | 6530 |
bond unless there is attached a certificate of the superintendent | 6531 |
of insurance that the company is authorized to transact a fidelity | 6532 |
and surety business in this state. | 6533 |
All bonds shall be given in a form prescribed by the chief | 6534 |
and shall run to the state as obligee. | 6535 |
The applicant may deposit, in lieu of a bond, cash in an | 6536 |
amount equal to the amount of the bond or United States government | 6537 |
securities or negotiable certificates of deposit issued by any | 6538 |
bank organized or transacting business in this state having a par | 6539 |
value equal to or greater than the amount of the bond. Such cash | 6540 |
or securities shall be deposited upon the same terms as bonds. If | 6541 |
one or more certificates of deposit are deposited in lieu of a | 6542 |
bond, the chief shall require the bank
| 6543 |
certificate to pledge securities of the aggregate market value | 6544 |
equal to the amount of the certificate
| 6545 |
the amount insured by the federal deposit insurance corporation. | 6546 |
The securities to be pledged shall be those designated as eligible | 6547 |
under section 135.18 of the Revised Code. The securities shall be | 6548 |
security for the repayment of the certificate of deposit. | 6549 |
Immediately upon a deposit of cash, securities, or | 6550 |
certificates of deposit, the chief shall deliver them to the | 6551 |
treasurer of state, who shall hold them in trust for the purposes | 6552 |
for which they have been deposited. The treasurer of state is | 6553 |
responsible for the safekeeping of such deposits. An applicant | 6554 |
making a deposit of cash, securities, or certificates of deposit | 6555 |
may withdraw and receive from the treasurer of state, on the | 6556 |
written order of the chief, all or any portion of the cash, | 6557 |
securities, or certificates of deposit, upon depositing with the | 6558 |
treasurer of state cash, other United States government | 6559 |
securities, or negotiable certificates of deposit issued by any | 6560 |
bank organized or transacting business in this state equal in par | 6561 |
value to the par value of the cash, securities, or certificates of | 6562 |
deposit withdrawn. An applicant may demand and receive from the | 6563 |
treasurer of state all interest or other income from any such | 6564 |
securities or certificates as it becomes due. If securities so | 6565 |
deposited with and in the possession of the treasurer of state | 6566 |
mature or are called for payment by the issuer thereof, the | 6567 |
treasurer of state, at the request of the applicant who deposited | 6568 |
them, shall convert the proceeds of the redemption or payment of | 6569 |
the securities into such other United States government | 6570 |
securities, negotiable certificates of deposit issued by any bank | 6571 |
organized or transacting business in this state, or cash as the | 6572 |
applicant designates. | 6573 |
When the chief finds that a person or governmental agency has | 6574 |
failed to comply with the conditions of | 6575 |
agency's bond, | 6576 |
declare the bond, cash, securities, or certificates of deposit | 6577 |
forfeited in the amount set by rule of the chief. The chief shall | 6578 |
thereupon certify the total forfeiture to the attorney general, | 6579 |
who shall proceed to collect that amount. | 6580 |
In lieu of total forfeiture, the surety, at its option, may | 6581 |
cause the dam | 6582 |
section 1521.06 of the Revised Code and rules of the chief, or | 6583 |
otherwise rendered nonhazardous, or pay to the treasurer of state | 6584 |
the cost thereof. | 6585 |
All moneys collected on account of forfeitures of bonds, | 6586 |
cash, securities, and certificates of deposit under this section | 6587 |
shall be credited to the dam safety fund created in section | 6588 |
1521.06 of the Revised Code. The chief shall make expenditures | 6589 |
from the fund to complete dams | 6590 |
have been forfeited or to otherwise render them nonhazardous. | 6591 |
Expenditures from the fund for those purposes shall be made | 6592 |
pursuant to contracts entered into by the chief with persons who | 6593 |
agree to furnish all of the materials, equipment, work, and labor | 6594 |
as specified and provided in the contract. | 6595 |
A surety bond shall not be required for a permit for a dam | 6596 |
6597 | |
of the United States government, if the agency files with the | 6598 |
chief written assurance of the agency's financial responsibility | 6599 |
for the structure during the one-year period following the chief's | 6600 |
approval of the completed construction provided for under division | 6601 |
(E) of section 1521.06 of the Revised Code. | 6602 |
Sec. 1521.062. (A) All dams | 6603 |
in this state and not exempted by this section or by the chief of | 6604 |
the division of water under section 1521.06 of the Revised Code | 6605 |
shall be inspected periodically by the chief, except for classes | 6606 |
of dams that, in accordance with rules adopted under this section, | 6607 |
are required to be inspected by registered professional engineers | 6608 |
who have been approved for that purpose by the chief. The | 6609 |
inspection shall ensure that continued operation and use of the | 6610 |
dam | 6611 |
or property. Periodic inspections shall not be required of the | 6612 |
following structures: | 6613 |
(1) A dam that is less than ten feet in height and has a | 6614 |
storage capacity of not more than fifty acre-feet at the elevation | 6615 |
of the top of the dam, as determined by the chief. For the | 6616 |
purposes of this section, the height of a dam shall be measured | 6617 |
from the natural stream bed or lowest ground elevation at the | 6618 |
downstream or outside limit of the dam to the elevation of the top | 6619 |
of the dam. | 6620 |
(2) A dam, regardless of height, that has a storage capacity | 6621 |
of not more than fifteen acre-feet at the elevation of the top of | 6622 |
the dam, as determined by the chief; | 6623 |
(3) A dam, regardless of storage capacity, that is six feet | 6624 |
or less in height, as determined by the chief; | 6625 |
(4) A dam | 6626 |
the chief; | 6627 |
(5) A dam | 6628 |
accordance with rules adopted under section 1521.064 of the | 6629 |
Revised Code. | 6630 |
(B) In accordance with rules adopted under this section, the | 6631 |
owner of a dam that is in a class of dams that is designated in | 6632 |
the rules for inspection by registered professional engineers | 6633 |
shall obtain the services of a registered professional engineer | 6634 |
who has been approved by the chief to conduct the periodic | 6635 |
inspection of dams pursuant to schedules and other standards and | 6636 |
procedures established in the rules. The registered professional | 6637 |
engineer shall prepare a report of the inspection in accordance | 6638 |
with the rules and provide the inspection report to the dam owner | 6639 |
who shall submit it to the chief. A dam that is designated under | 6640 |
the rules for inspection by a registered professional engineer, | 6641 |
but that is not inspected within a five-year period may be | 6642 |
inspected by the chief at the owner's expense. | 6643 |
(C) Intervals between periodic inspections shall be | 6644 |
determined by the chief, but shall not exceed five years. | 6645 |
(D) In the case of a dam | 6646 |
inspects, the chief shall furnish a report of the inspection to | 6647 |
the owner of the dam | 6648 |
or levee that has been inspected, either by the chief or by a | 6649 |
registered professional engineer, and that is the subject of an | 6650 |
inspection report prepared or received by the chief, the chief | 6651 |
shall inform the owner of any required repairs, maintenance, | 6652 |
investigations, and other remedial and operational measures. The | 6653 |
chief shall order the owner to perform such repairs, maintenance, | 6654 |
investigations, or other remedial or operational measures as the | 6655 |
chief considers necessary to safeguard life, health, or property. | 6656 |
The order shall permit the owner a reasonable time in which to | 6657 |
perform the needed repairs, maintenance, investigations, or other | 6658 |
remedial measures, and the cost thereof shall be borne by the | 6659 |
owner. All orders of the chief are subject to appeal as provided | 6660 |
in Chapter 119. of the Revised Code. The attorney general, upon | 6661 |
written request of the chief, may bring an action for an | 6662 |
injunction against any person who violates this section or to | 6663 |
enforce an order of the chief made pursuant to this section. | 6664 |
(E) The owner of a dam | 6665 |
maintain, and operate the structure and its appurtenances safely | 6666 |
in accordance with state rules, terms and conditions of permits, | 6667 |
orders, and other requirements issued pursuant to this section or | 6668 |
section 1521.06 of the Revised Code. The owner shall fully and | 6669 |
promptly notify the division of water and other responsible | 6670 |
authorities of any condition that threatens the safety of the | 6671 |
structure and shall take all necessary actions to safeguard life, | 6672 |
health, and property. | 6673 |
(F) Before commencing the repair, improvement, alteration, or | 6674 |
removal of a dam | 6675 |
application including plans, specifications, and other required | 6676 |
information with the division and shall secure written approval of | 6677 |
the application by the chief. Emergency actions by the owner | 6678 |
required to safeguard life, health, or property are exempt from | 6679 |
this requirement. The chief may, by rule, define maintenance, | 6680 |
repairs, or other remedial measures of a routine nature that are | 6681 |
exempt from this requirement. | 6682 |
(G) The chief may remove or correct, at the expense of the | 6683 |
owner, any unsafe structures found to be constructed or maintained | 6684 |
in violation of this section or section 1521.06 of the Revised | 6685 |
Code. In the case of an owner other than a governmental agency, | 6686 |
the cost of removal or correction of any unsafe structure, | 6687 |
together with a description of the property on which the unsafe | 6688 |
structure is located, shall be certified by the chief to the | 6689 |
county auditor and placed by the county auditor upon the tax | 6690 |
duplicate. This cost is a lien upon the lands from the date of | 6691 |
entry and shall be collected as other taxes and returned to the | 6692 |
division. In the case of an owner that is a governmental agency, | 6693 |
the cost of removal or correction of any unsafe structure shall be | 6694 |
recoverable from the owner by appropriate action in a court of | 6695 |
competent jurisdiction. | 6696 |
(H) If the condition of any dam | 6697 |
the judgment of the chief, to be so dangerous to the safety of | 6698 |
life, health, or property as not to permit time for the issuance | 6699 |
and enforcement of an order relative to repair, maintenance, or | 6700 |
operation, the chief shall employ any of the following remedial | 6701 |
means necessary to protect life, health, and property: | 6702 |
(1) Lower the water level of the lake or reservoir by | 6703 |
releasing water; | 6704 |
(2) Completely drain the lake or reservoir; | 6705 |
(3) Take such other measures or actions as the chief | 6706 |
considers necessary to safeguard life, health, and property. | 6707 |
The chief shall continue in full charge and control of the | 6708 |
dam | 6709 |
of the remedy shall be recoverable from the owner of the structure | 6710 |
by appropriate action in a court of competent jurisdiction. | 6711 |
(I) The chief may accept and expend gifts, bequests, and | 6712 |
grants from the United States government or from any other public | 6713 |
or private source and may contract with the United States | 6714 |
government or any other agency or entity for the purpose of | 6715 |
carrying out the dam safety functions set forth in this section | 6716 |
and section 1521.06 of the Revised Code. | 6717 |
(J) In accordance with Chapter 119. of the Revised Code, the | 6718 |
chief | 6719 |
of the following: | 6720 |
(1) Designate classes of dams for which dam owners must | 6721 |
obtain the services of a registered professional engineer to | 6722 |
periodically inspect the dams and to prepare reports of the | 6723 |
inspections for submittal to the chief; | 6724 |
(2) Establish standards in accordance with which the chief | 6725 |
must approve or disapprove registered professional engineers to | 6726 |
inspect dams together with procedures governing the approval | 6727 |
process; | 6728 |
(3) Establish schedules, standards, and procedures governing | 6729 |
periodic inspections and standards and procedures governing the | 6730 |
preparation and submittal of inspection reports; | 6731 |
(4) Establish provisions regarding the enforcement of this | 6732 |
section and rules adopted under it. | 6733 |
(K) The owner of a dam or levee shall notify the chief in | 6734 |
writing of a change in ownership of the dam or levee prior to the | 6735 |
exchange of the property. | 6736 |
Sec. 1521.064. The chief of the division of water, in | 6737 |
accordance with Chapter 119. of the Revised Code, shall adopt, and | 6738 |
may amend and rescind, rules establishing a program under which | 6739 |
dams | 6740 |
section 1521.062 of the Revised Code if the continued operation | 6741 |
and use of, and any rupturing of or other structural damage to, | 6742 |
the dams | 6743 |
health, or property. The rules shall establish, without | 6744 |
limitation, all of the following: | 6745 |
(A) A procedure by which the owner of such a dam | 6746 |
levee may apply for an exemption under this section; | 6747 |
(B) The standards that a dam | 6748 |
order to be exempted under this section; | 6749 |
(C) A procedure by which the chief shall periodically review | 6750 |
the status of a dam | 6751 |
this section to determine if the exemption should be rescinded; | 6752 |
(D) A requirement that the owner of any dam | 6753 |
exempted under this section shall agree, in writing, to accept | 6754 |
liability for any injury, death, or loss to persons or property | 6755 |
caused by the rupturing of or other structural damage to
the dam | 6756 |
6757 |
Sec. 1521.13. (A) Development in one-hundred-year floodplain | 6758 |
areas shall be protected to at least the one-hundred-year flood | 6759 |
level, and flood water conveyance shall be maintained, at a | 6760 |
minimum, in accordance with standards established under the | 6761 |
national flood insurance program. This division does not preclude | 6762 |
a state agency or political subdivision from establishing flood | 6763 |
protection standards that are more restrictive than this division. | 6764 |
(B) Prior to the expenditure of money for or the construction | 6765 |
of buildings, structures, roads, bridges, or other facilities in | 6766 |
locations that may be subject to flooding or flood damage, all | 6767 |
state agencies and political subdivisions shall notify and consult | 6768 |
with the division of water and shall furnish information that the | 6769 |
division reasonably requires in order to avoid the uneconomic, | 6770 |
hazardous, or unnecessary use of floodplains in connection with | 6771 |
such facilities. | 6772 |
(C) The chief of the division of water shall do all of the | 6773 |
following: | 6774 |
(1) Coordinate the floodplain management activities of state | 6775 |
agencies and political subdivisions with the floodplain management | 6776 |
activities of the United States, including the national flood | 6777 |
insurance program | 6778 |
6779 | |
6780 |
(2) Collect, prepare, and maintain technical data and | 6781 |
information on floods and floodplain management and make the data | 6782 |
and information available to the public, state agencies, political | 6783 |
subdivisions, and agencies of the United States; | 6784 |
(3) Cooperate and enter into agreements with persons for the | 6785 |
preparation of studies and reports on floods and floodplain | 6786 |
management; | 6787 |
(4) Assist any county, municipal corporation, or state agency | 6788 |
in developing comprehensive floodplain management programs; | 6789 |
(5) Provide technical assistance to any county, municipal | 6790 |
corporation, or state agency through engineering assistance, data | 6791 |
collection, preparation of model laws, training, and other | 6792 |
activities relating to floodplain management; | 6793 |
(6) For the purpose of reducing damages and the threat to | 6794 |
life, health, and property in the event of a flood, cooperate with | 6795 |
state agencies, political subdivisions, and the United States in | 6796 |
the development of flood warning systems, evacuation plans, and | 6797 |
flood emergency preparedness plans; | 6798 |
(7) Upon request, assist the emergency management agency | 6799 |
established by section 5502.22 of the Revised Code in the | 6800 |
preparation of flood hazard mitigation reports required as a | 6801 |
condition for receiving federal disaster aid under the "Disaster | 6802 |
Relief Act of 1974," 88 Stat. 143, 42 U.S.C.A. 5121, as amended, | 6803 |
6804 | |
6805 | |
adopted under | 6806 |
(8) Adopt, and may amend or rescind, rules in accordance with | 6807 |
Chapter 119. of the Revised Code for the administration, | 6808 |
implementation, and enforcement of this section and sections | 6809 |
1521.14 and 1521.18 of the Revised Code; | 6810 |
(9) Establish, by rule, technical standards for the | 6811 |
delineation and mapping of floodplains and for the conduct of | 6812 |
engineering studies to determine the vertical and horizontal | 6813 |
limits of floodplains and for the assessment of development | 6814 |
impacts on flood heights and flood conveyance. The standards | 6815 |
established in rules adopted under this division shall be | 6816 |
consistent with and no more stringent than the analogous standards | 6817 |
established under the national flood insurance program
| 6818 |
6819 | |
6820 |
(10) | 6821 |
6822 | |
6823 | |
6824 | |
6825 | |
6826 | |
6827 | |
6828 | |
6829 | |
6830 | |
6831 | |
6832 | |
6833 | |
6834 |
| 6835 |
6836 | |
6837 | |
6838 | |
6839 | |
6840 | |
6841 | |
6842 | |
6843 | |
6844 | |
6845 | |
6846 | |
6847 |
| 6848 |
administer section 1506.04 of the Revised Code. | 6849 |
| 6850 |
6851 | |
6852 | |
6853 |
In addition to the duties imposed in divisions (C)(1) to (10) | 6854 |
of this section, and with respect to existing publicly owned | 6855 |
facilities that have suffered flood damage or that may be subject | 6856 |
to flood damage, the chief may conspicuously mark past and | 6857 |
probable flood heights in order to assist in creating public | 6858 |
awareness of and knowledge about flood hazards. | 6859 |
(D)(1) Development that is funded, financed, undertaken, or | 6860 |
preempted by state agencies shall comply with division (A) of this | 6861 |
section and with rules adopted under division (C)(9) of this | 6862 |
section. | 6863 |
(2) State agencies shall apply floodproofing measures in | 6864 |
order to reduce potential additional flood damage of existing | 6865 |
publicly owned facilities that have suffered flood damage. | 6866 |
(3) Before awarding funding or financing or granting a | 6867 |
license, permit, or other authorization for a development that is | 6868 |
or is to be located within a one-hundred-year floodplain, a state | 6869 |
agency shall require the applicant to demonstrate to the | 6870 |
satisfaction of the agency that the development will comply with | 6871 |
division (A) of this section, rules adopted under division (C)(9) | 6872 |
of this section, and any applicable local floodplain management | 6873 |
resolution or ordinance. | 6874 |
(4) Prior to the disbursement of any state disaster | 6875 |
assistance money in connection with any incident of flooding to or | 6876 |
within a county or municipal corporation that is not listed by the | 6877 |
chief as being in compliance under division (D)(1) of section | 6878 |
1521.18 of the Revised Code, a state agency that has authority to | 6879 |
disburse such money shall require the county or municipal | 6880 |
corporation to establish or reestablish compliance as provided in | 6881 |
that division. | 6882 |
(E)(1) Subject to section 1521.18 of the Revised Code, a | 6883 |
county or a municipal corporation may do all of the following: | 6884 |
(a) Adopt floodplain maps that reflect the best available | 6885 |
data and that indicate the areas to be regulated under a | 6886 |
floodplain management resolution or ordinance, as applicable; | 6887 |
(b) Develop and adopt a floodplain management resolution or | 6888 |
ordinance, as applicable; | 6889 |
(c) Adopt floodplain management standards that exceed the | 6890 |
standards that are established under the national flood insurance | 6891 |
program. | 6892 |
(2) A county or municipal corporation shall examine and | 6893 |
apply, where economically feasible, floodproofing measures in | 6894 |
order to reduce potential additional flood damage of existing | 6895 |
publicly owned facilities that have suffered flood damage. | 6896 |
(3) A county that adopts a floodplain management resolution | 6897 |
shall do so in accordance with the procedures established in | 6898 |
section 307.37 of the Revised Code. The county may enforce the | 6899 |
resolution by issuing stop work orders, seeking injunctive relief, | 6900 |
or pursuing other civil actions that the county considers | 6901 |
necessary to ensure compliance with the resolution. In addition, | 6902 |
failure to comply with the floodplain management resolution | 6903 |
constitutes a violation of division (D) of section 307.37 of the | 6904 |
Revised Code. | 6905 |
(4) No action challenging the validity of a floodplain | 6906 |
management resolution adopted by a county or a floodplain | 6907 |
management ordinance adopted by a municipal corporation, or an | 6908 |
amendment to such a resolution or ordinance, because of a | 6909 |
procedural error in the adoption of the resolution, ordinance, or | 6910 |
amendment shall be brought more than two years after the adoption | 6911 |
of the resolution, ordinance, or amendment. | 6912 |
Sec. 1521.14. | 6913 |
6914 | |
6915 | |
6916 | |
6917 | |
6918 | |
6919 | |
6920 |
| 6921 |
6922 | |
6923 | |
6924 | |
6925 | |
6926 | |
6927 | |
6928 |
| 6929 |
6930 | |
6931 | |
6932 | |
6933 | |
6934 | |
6935 | |
6936 | |
6937 | |
6938 | |
6939 | |
6940 | |
6941 |
| 6942 |
6943 | |
6944 | |
6945 | |
6946 |
| 6947 |
6948 | |
6949 | |
6950 | |
6951 | |
6952 | |
6953 | |
6954 |
| 6955 |
6956 | |
6957 | |
Upon the written request of the director of natural resources, the | 6958 |
attorney general | 6959 |
appropriate relief | 6960 |
6961 | |
6962 | |
6963 | |
6964 | |
6965 | |
6966 | |
6967 | |
6968 | |
6969 | |
standards of the national flood insurance program and that is one | 6970 |
of the following: | 6971 |
(A) Located in a county or municipal corporation that is not | 6972 |
listed by the chief of the division of water as being in | 6973 |
compliance under division (D)(1) of section 1521.18 of the Revised | 6974 |
Code; | 6975 |
(B) Funded, financed, undertaken, or preempted by a state | 6976 |
agency. | 6977 |
Sec. 1521.18. (A) For the purposes of this section, a | 6978 |
one-hundred-year floodplain is limited to an area identified as a | 6979 |
one-hundred-year floodplain in accordance with the "National Flood | 6980 |
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as | 6981 |
amended. | 6982 |
(B) Each municipal corporation or county that has within its | 6983 |
boundaries a one-hundred-year floodplain and that adopts a | 6984 |
floodplain management ordinance or resolution or any amendments to | 6985 |
such an ordinance or resolution on or after April 11, 1991, after | 6986 |
adopting the ordinance, resolution, or amendments and before | 6987 |
submitting the ordinance, resolution, or amendments to the federal | 6988 |
emergency management agency for final approval for compliance with | 6989 |
applicable standards adopted under the "National Flood Insurance | 6990 |
Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, shall | 6991 |
submit the ordinance, resolution, or amendments to the chief of | 6992 |
the
division of water for | 6993 |
with those standards. Within forty-five days after receiving any | 6994 |
such ordinance, resolution, or amendments, the chief shall | 6995 |
complete
| 6996 |
county as to whether the ordinance, resolution, or amendments | 6997 |
comply with those standards. If the chief finds that the | 6998 |
ordinance, resolution, or amendments comply with those standards, | 6999 |
7000 | |
management agency for final approval. | 7001 |
(C)(1) If the chief determines that a county or municipal | 7002 |
corporation that has adopted a floodplain management resolution or | 7003 |
ordinance fails to administer or enforce the resolution or | 7004 |
ordinance, the chief shall send a written notice by certified mail | 7005 |
to the board of county commissioners of the county or the chief | 7006 |
executive officer of the municipal corporation stating the nature | 7007 |
of the noncompliance. | 7008 |
(2) In order to maintain its compliance status in accordance | 7009 |
with division (D) of this section, a county or municipal | 7010 |
corporation that has received a notice of noncompliance under | 7011 |
division (C)(1) of this section may submit information to the | 7012 |
chief not later than thirty days after receiving the notice that | 7013 |
demonstrates compliance or indicates the actions that the county | 7014 |
or municipal corporation is taking to administer or enforce the | 7015 |
resolution or ordinance. The chief shall review the information | 7016 |
and shall issue a final determination by certified mail to the | 7017 |
county or municipal corporation of the compliance or noncompliance | 7018 |
status of the county or municipal corporation. If the chief issues | 7019 |
a final determination of noncompliance, | 7020 |
copy of that determination to the federal emergency management | 7021 |
agency concurrently with mailing the notice to the municipal | 7022 |
corporation or county. | 7023 |
(D)(1) A county or municipal corporation is considered to be | 7024 |
in compliance for the purposes of this section if either of the | 7025 |
following applies: | 7026 |
(a) The county or municipal corporation has adopted a | 7027 |
floodplain management resolution or ordinance that the chief has | 7028 |
determined complies with applicable standards adopted under the | 7029 |
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. | 7030 |
4001, as amended, and is adequately administering and enforcing it | 7031 |
as determined under division (C) of this section. | 7032 |
(b) The county or municipal corporation is participating in | 7033 |
the national flood insurance program | 7034 |
7035 | |
7036 | |
division (B) or (C) of this section. | 7037 |
(2) The chief shall maintain a list of all counties and | 7038 |
municipal corporations that have one-hundred-year floodplains | 7039 |
within their boundaries. The list shall indicate whether each such | 7040 |
county or municipal corporation is in compliance or noncompliance | 7041 |
as provided in division (D)(1) of this section and whether each | 7042 |
such county or municipal corporation is participating in the | 7043 |
national flood insurance program. The chief shall provide a copy | 7044 |
of the list to the general assembly and all state agencies | 7045 |
annually and shall notify the general assembly and the agencies of | 7046 |
any changes at least quarterly. | 7047 |
(E) Any county or municipal corporation that is adversely | 7048 |
affected by any determination of the chief under this section may | 7049 |
appeal it in accordance with Chapter 119. of the Revised Code not | 7050 |
later than thirty days after the final determination. | 7051 |
Sec. 1521.19. (A) There is hereby created the Ohio water | 7052 |
resources council consisting of the directors of agriculture, | 7053 |
development, environmental protection, health, natural resources, | 7054 |
transportation, and the Ohio public works commission, the | 7055 |
chairperson of the public utilities commission of Ohio, the | 7056 |
executive | 7057 |
7058 | |
an executive assistant in the office of the governor appointed by | 7059 |
the governor. The governor shall appoint one of the members of the | 7060 |
council to serve as its chairperson. The council may adopt bylaws | 7061 |
that are necessary for the implementation of this section. The | 7062 |
council shall provide a forum for policy development, | 7063 |
collaboration and coordination among state agencies, and strategic | 7064 |
direction with respect to state water resource programs. The | 7065 |
council shall be assisted in its functions by a state agency | 7066 |
coordinating group and an advisory group as provided in this | 7067 |
section. | 7068 |
(B) The state agency coordinating group shall consist of the | 7069 |
executive director of the Ohio Lake Erie commission and a member | 7070 |
or members from each state agency, commission, and authority | 7071 |
represented on the council, to be appointed by the applicable | 7072 |
director, chairperson, or executive director. However, the | 7073 |
environmental protection agency shall be represented on the group | 7074 |
by the chiefs of the divisions within that agency having | 7075 |
responsibility for surface water programs and drinking and ground | 7076 |
water programs, and the department of natural resources shall be | 7077 |
represented on the group by the chief of the division of water and | 7078 |
the chief of the division of soil and water conservation. The | 7079 |
chairperson of the council shall appoint a leader of the state | 7080 |
agency coordinating group. The group shall provide assistance to | 7081 |
and perform duties on behalf of the council as directed by the | 7082 |
council. | 7083 |
(C) The advisory group shall consist of not more than | 7084 |
twenty-four members, each representing an organization or entity | 7085 |
with an interest in water resource issues. The council shall | 7086 |
appoint the members of the advisory group. Of the initial | 7087 |
appointments, not more than ten members shall be appointed for | 7088 |
one-year terms, and not more than ten members shall be appointed | 7089 |
for two-year terms. Of the four initial appointments made after | 7090 |
the effective date of this amendment, two of the members shall be | 7091 |
appointed for one-year terms, and two of the members shall be | 7092 |
appointed for two-year terms. Thereafter, all advisory group | 7093 |
members shall serve two-year terms. Members may be reappointed. | 7094 |
Each member shall hold office from the date of the member's | 7095 |
appointment until the end of the member's term. A member shall | 7096 |
continue in office subsequent to the expiration date of the | 7097 |
member's term until the member's successor takes office or until a | 7098 |
period of sixty days has elapsed, whichever occurs first. The | 7099 |
council may remove a member for misfeasance, nonfeasance, or | 7100 |
malfeasance in office. The council shall appoint members to fill | 7101 |
any vacancies on the group. A member appointed to fill a vacancy | 7102 |
shall hold office for the remainder of the term for which that | 7103 |
member was appointed. | 7104 |
The chairperson of the council shall appoint a chairperson of | 7105 |
the advisory group. The advisory group shall advise the council on | 7106 |
water resources issues addressed by the council. | 7107 |
(D) There is hereby created in the state treasury the Ohio | 7108 |
water resources council fund. The department of natural resources | 7109 |
shall serve as the fiscal agent for the fund. The departments of | 7110 |
agriculture, development, environmental protection, health, | 7111 |
natural resources, and transportation shall transfer moneys to the | 7112 |
fund in equal amounts via intrastate transfer voucher. The public | 7113 |
utilities commission of Ohio, Ohio public works commission, | 7114 |
7115 | |
development authority may transfer moneys to the fund. If a | 7116 |
voluntary transfer of moneys is made to the fund, the portion that | 7117 |
is required to be transferred by the departments of agriculture, | 7118 |
development, environmental protection, health, natural resources, | 7119 |
and transportation may be equally reduced. Moneys in the fund | 7120 |
shall be used to pay the operating expenses of the Ohio water | 7121 |
resources council, including those specified in division (E) of | 7122 |
this section. | 7123 |
(E) The Ohio water resources council may hire staff to | 7124 |
support its activities. The council may enter into contracts and | 7125 |
agreements with federal agencies, state agencies, political | 7126 |
subdivisions, and private entities to assist in accomplishing its | 7127 |
objectives. Advisory group members shall be reimbursed for | 7128 |
expenses necessarily incurred in the performance of their duties | 7129 |
pursuant to section 126.31 of the Revised Code and any applicable | 7130 |
rules pertaining to travel reimbursement adopted by the office of | 7131 |
budget and management. | 7132 |
Sec. 1521.99. (A) Whoever violates division | 7133 |
section 1521.05 or division (E)(1) of section 1521.16 of the | 7134 |
Revised Code is guilty of a misdemeanor of the fourth degree. | 7135 |
(B) Whoever violates section 1521.06 or 1521.062 of the | 7136 |
Revised Code shall be fined not less than one hundred dollars nor | 7137 |
more than one thousand dollars for each offense. Each day of | 7138 |
violation constitutes a separate offense. | 7139 |
(C) Whoever violates sections 1521.20 to 1521.30 of the | 7140 |
Revised Code shall be fined not less than one hundred dollars nor | 7141 |
more than one thousand dollars for each offense. Each day of | 7142 |
violation constitutes a separate offense. | 7143 |
Sec. 1531.01. As used in this chapter and Chapter 1533. of | 7144 |
the Revised Code: | 7145 |
(A) "Person" means | 7146 |
7147 | |
7148 | |
7149 | |
a company; an employee, agent, or officer of such a person or | 7150 |
company; a combination of individuals; the state; a political | 7151 |
subdivision of the state; an interstate body created by a compact; | 7152 |
or the federal government or a department, agency, or | 7153 |
instrumentality of it. | 7154 |
(B) "Resident" means any individual who has resided in this | 7155 |
state for not less than six months next preceding the date of | 7156 |
making application for a license. | 7157 |
(C) "Nonresident" means any individual who does not qualify | 7158 |
as a resident. | 7159 |
(D) "Division rule" or "rule" means any rule adopted by the | 7160 |
chief of the division of wildlife under section 1531.10 of the | 7161 |
Revised Code unless the context indicates otherwise. | 7162 |
(E) "Closed season" means that period of time during which | 7163 |
the taking of wild animals protected by this chapter and Chapter | 7164 |
1533. of the Revised Code is prohibited. | 7165 |
(F) "Open season" means that period of time during which the | 7166 |
taking of wild animals protected by this chapter and Chapter 1533. | 7167 |
of the Revised Code is permitted. | 7168 |
(G) "Take or taking" includes pursuing, shooting, hunting, | 7169 |
killing, trapping, angling, fishing with a trotline, or netting | 7170 |
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, | 7171 |
wild bird, or wild quadruped, and any lesser act, such as | 7172 |
wounding, or placing, setting, drawing, or using any other device | 7173 |
for killing or capturing any wild animal, whether it results in | 7174 |
killing or capturing the animal or not. "Take or taking" includes | 7175 |
every attempt to kill or capture and every act of assistance to | 7176 |
any other person in killing or capturing or attempting to kill or | 7177 |
capture a wild animal. | 7178 |
(H) "Possession" means both actual and constructive | 7179 |
possession and any control of things referred to. | 7180 |
(I) "Bag limit" means the number, measurement, or weight of | 7181 |
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild | 7182 |
birds, and wild quadrupeds permitted to be taken. | 7183 |
(J) "Transport and transportation" means carrying or moving | 7184 |
or causing to be carried or moved. | 7185 |
(K) "Sell and sale" means barter, exchange, or offer or | 7186 |
expose for sale. | 7187 |
(L) "Whole to include part" means that every provision | 7188 |
relating to any wild animal protected by this chapter and Chapter | 7189 |
1533. of the Revised Code applies to any part of the wild animal | 7190 |
with the same effect as it applies to the whole. | 7191 |
(M) "Angling" means fishing with not more than two hand | 7192 |
lines, not more than two units of rod and line, or a combination | 7193 |
of not more than one hand line and one rod and line, either in | 7194 |
hand or under control at any time while fishing. The hand line or | 7195 |
rod and line shall have attached to it not more than three baited | 7196 |
hooks, not more than three artificial fly rod lures, or one | 7197 |
artificial bait casting lure equipped with not more than three | 7198 |
sets of three hooks each. | 7199 |
(N) "Trotline" means a device for catching fish that consists | 7200 |
of a line having suspended from it, at frequent intervals, | 7201 |
vertical lines with hooks attached. | 7202 |
(O) "Fish" means a cold-blooded vertebrate having fins. | 7203 |
(P) "Measurement of fish" means length from the end of the | 7204 |
nose to the longest tip or end of the tail. | 7205 |
(Q) "Wild birds" includes game birds and nongame birds. | 7206 |
(R) "Game" includes game birds, game quadrupeds, and | 7207 |
fur-bearing animals. | 7208 |
(S) "Game birds" includes mourning doves, ringneck pheasants, | 7209 |
bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated | 7210 |
grouse, wild turkey, Hungarian partridge, Chukar partridge, | 7211 |
woodcocks, black-breasted plover, golden plover, Wilson's snipe or | 7212 |
jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules, | 7213 |
duck, geese, brant, and crows. | 7214 |
(T) "Nongame birds" includes all other wild birds not | 7215 |
included and defined as game birds or migratory game birds. | 7216 |
(U) "Wild quadrupeds" includes game quadrupeds and | 7217 |
fur-bearing animals. | 7218 |
(V) "Game quadrupeds" includes cottontail rabbits, gray | 7219 |
squirrels, black squirrels, fox squirrels, red squirrels, flying | 7220 |
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer, | 7221 |
wild boar, and black bears. | 7222 |
(W) "Fur-bearing animals" includes minks, weasels, raccoons, | 7223 |
skunks, opossums, muskrats, fox, beavers, badgers, otters, | 7224 |
coyotes, and bobcats. | 7225 |
(X) "Wild animals" includes mollusks, crustaceans, aquatic | 7226 |
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, | 7227 |
and all other wild mammals, but does not include domestic deer. | 7228 |
(Y) "Hunting" means pursuing, shooting, killing, following | 7229 |
after or on the trail of, lying in wait for, shooting at, or | 7230 |
wounding wild birds or wild quadrupeds while employing any device | 7231 |
commonly used to kill or wound wild birds or wild quadrupeds | 7232 |
whether or not the acts result in killing or wounding. "Hunting" | 7233 |
includes every attempt to kill or wound and every act of | 7234 |
assistance to any other person in killing or wounding or | 7235 |
attempting to kill or wound wild birds or wild quadrupeds. | 7236 |
(Z) "Trapping" means securing or attempting to secure | 7237 |
possession of a wild bird or wild quadruped by means of setting, | 7238 |
placing, drawing, or using any device that is designed to close | 7239 |
upon, hold fast, confine, or otherwise capture a wild bird or wild | 7240 |
quadruped whether or not the means results in capture. "Trapping" | 7241 |
includes every act of assistance to any other person in capturing | 7242 |
wild birds or wild quadrupeds by means of the device whether or | 7243 |
not the means results in capture. | 7244 |
(AA) "Muskrat spear" means any device used in spearing | 7245 |
muskrats. | 7246 |
(BB) "Channels and passages" means those narrow bodies of | 7247 |
water lying between islands or between an island and the mainland | 7248 |
in Lake Erie. | 7249 |
(CC) "Island" means a rock or land elevation above the waters | 7250 |
of Lake Erie having an area of five or more acres above water. | 7251 |
(DD) "Reef" means an elevation of rock, either broken or in | 7252 |
place, or gravel shown by the latest United States chart to be | 7253 |
above the common level of the surrounding bottom of the lake, | 7254 |
other than the rock bottom, or in place forming the base or | 7255 |
foundation rock of an island or mainland and sloping from the | 7256 |
shore of it. "Reef" also means all elevations shown by that chart | 7257 |
to be above the common level of the sloping base or foundation | 7258 |
rock of an island or mainland, whether running from the shore of | 7259 |
an island or parallel with the contour of the shore of an island | 7260 |
or in any other way and whether formed by rock, broken or in | 7261 |
place, or from gravel. | 7262 |
(EE) "Fur farm" means any area used exclusively for raising | 7263 |
fur-bearing animals or in addition thereto used for hunting game, | 7264 |
the boundaries of which are plainly marked as such. | 7265 |
(FF) "Waters" includes any lake, pond, reservoir, stream, | 7266 |
channel, lagoon, or other body of water, or any part thereof, | 7267 |
whether natural or artificial. | 7268 |
(GG) "Crib" or "car" refers to that particular compartment of | 7269 |
the net from which the fish are taken when the net is lifted. | 7270 |
(HH) "Commercial fish" means those species of fish permitted | 7271 |
to be taken, possessed, bought, or sold unless otherwise | 7272 |
restricted by the Revised Code or division rule and are alewife | 7273 |
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin | 7274 |
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio), | 7275 |
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus | 7276 |
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead | 7277 |
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel | 7278 |
catfish (Ictalurus punctatus), flathead catfish (Pylodictis | 7279 |
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.), | 7280 |
freshwater drum or sheepshead (Aplodinotus grunniens), gar | 7281 |
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish | 7282 |
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye | 7283 |
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt | 7284 |
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus | 7285 |
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other | 7286 |
than buffalo and quillback (Carpiodes sp., Catostomus sp., | 7287 |
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone | 7288 |
chrysops), white perch (Roccus americanus), and yellow perch | 7289 |
(Perca flavescens). When the common name of a fish is used in this | 7290 |
chapter or Chapter 1533. of the Revised Code, it refers to the | 7291 |
fish designated by the scientific name in this definition. | 7292 |
(II) "Fishing" means taking or attempting to take fish by any | 7293 |
method, and all other acts such as placing, setting, drawing, or | 7294 |
using any device commonly used to take fish whether resulting in a | 7295 |
taking or not. | 7296 |
(JJ) "Fillet" means the pieces of flesh taken or cut from | 7297 |
both sides of a fish, joined to form one piece of flesh. | 7298 |
(KK) "Part fillet" means a piece of flesh taken or cut from | 7299 |
one side of a fish. | 7300 |
(LL) "Round" when used in describing fish means with head and | 7301 |
tail intact. | 7302 |
(MM) "Migrate" means the transit or movement of fish to or | 7303 |
from one place to another as a result of natural forces or | 7304 |
instinct and includes, but is not limited to, movement of fish | 7305 |
induced or caused by changes in the water flow. | 7306 |
(NN) "Spreader bar" means a brail or rigid bar placed across | 7307 |
the entire width of the back, at the top and bottom of the cars in | 7308 |
all trap, crib, and fyke nets for the purpose of keeping the | 7309 |
meshes hanging squarely while the nets are fishing. | 7310 |
(OO) "Fishing guide" means any person who, for consideration | 7311 |
or hire, operates a boat, rents, leases, or otherwise furnishes | 7312 |
angling devices, ice fishing shanties or shelters of any kind, or | 7313 |
other fishing equipment, and accompanies, guides, directs, or | 7314 |
assists any other person in order for the other person to engage | 7315 |
in fishing. | 7316 |
(PP) "Net" means fishing devices with meshes composed of | 7317 |
twine or synthetic material and includes, but is not limited to, | 7318 |
trap nets, fyke nets, crib nets, carp aprons, dip nets, and | 7319 |
seines, except minnow seines and minnow dip nets. | 7320 |
(QQ) "Commercial fishing gear" means seines, trap nets, fyke | 7321 |
nets, dip nets, carp aprons, trotlines, other similar gear, and | 7322 |
any boat used in conjunction with that gear, but does not include | 7323 |
gill nets. | 7324 |
(RR) "Native wildlife" means any species of the animal | 7325 |
kingdom indigenous to this state. | 7326 |
(SS) "Gill net" means a single section of fabric or netting | 7327 |
seamed to a float line at the top and a lead line at the bottom, | 7328 |
which is designed to entangle fish in the net openings as they | 7329 |
swim into it. | 7330 |
(TT) "Tag fishing tournament" means a contest in which a | 7331 |
participant pays a fee, or gives other valuable consideration, for | 7332 |
a chance to win a prize by virtue of catching a tagged or | 7333 |
otherwise specifically marked fish within a limited period of | 7334 |
time. | 7335 |
(UU) "Tenant" means an individual who resides on land for | 7336 |
which the individual pays rent and whose annual income is | 7337 |
primarily derived from agricultural production conducted on that | 7338 |
land, as "agricultural production" is defined in section 929.01 of | 7339 |
the Revised Code. | 7340 |
(VV) "Nonnative wildlife" means any wild animal not | 7341 |
indigenous to this state, but does not include domestic deer. | 7342 |
(WW) "Reptiles" includes common musk turtle (sternotherus | 7343 |
odoratus), common snapping turtle (Chelydra serpentina | 7344 |
serpentina), spotted turtle (Clemmys guttata), eastern box turtle | 7345 |
(Terrapene carolina carolina), Blanding's turtle (Emydoidea | 7346 |
blandingii), common map turtle (Graptemys geographica), ouachita | 7347 |
map turtle (Graptemys pseudogeographica ouachitensis), midland | 7348 |
painted turtle (Chrysemys picta marginata), red-eared slider | 7349 |
(Trachemys scripta elegans), eastern spiny softshell turtle | 7350 |
(Apalone spinifera spinifera), midland smooth softshell turtle | 7351 |
(Apalone mutica mutica), northern fence lizard (Sceloporus | 7352 |
undulatus hyacinthinus), ground skink (Scincella lateralis), | 7353 |
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces | 7354 |
laticeps), northern coal skink (Eumeces anthracinus anthracinus), | 7355 |
European wall lizard (Podarcis muralis), queen snake (Regina | 7356 |
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern | 7357 |
water snake (Nerodia sipedon sipedon), Lake Erie watersnake | 7358 |
(Nerodia sipedon insularum), copperbelly water snake (Nerodia | 7359 |
erythrogaster neglecta), northern brown snake (Storeria dekayi | 7360 |
dekayi), midland brown snake (Storeria dekayi wrightorum), | 7361 |
northern redbelly snake (Storeria occipitomaculata | 7362 |
occipitomaculata), eastern garter snake (Thamnophis sirtalis | 7363 |
sirtalis), eastern plains garter snake (Thamnophis radix radix), | 7364 |
Butler's garter snake (Thamnophis butleri), shorthead garter snake | 7365 |
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis | 7366 |
sauritus sauritus), northern ribbon snake (Thamnophis sauritus | 7367 |
septentrionalis), eastern hognose snake (Heterodon platirhinos), | 7368 |
eastern smooth earth snake (Virginia valeriae valeriae), northern | 7369 |
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake | 7370 |
(Carphophis amoenus helenae), eastern worm snake (Carphophis | 7371 |
amoenus amoenus), black racer (Coluber constrictor constrictor), | 7372 |
blue racer (Coluber constrictor foxii), rough green snake | 7373 |
(opheodrys aestivus), smooth green snake (opheodrys vernalis | 7374 |
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox | 7375 |
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis | 7376 |
getula nigra), eastern milk snake (Lampropeltis triangulum | 7377 |
triangulum), northern copperhead (Agkistrodon contortrix mokasen), | 7378 |
eastern massasauga (Sistrurus catenatus catenatus), and timber | 7379 |
rattlesnake (Crotalus horridus horridus). | 7380 |
(XX) "Amphibians" includes eastern hellbender (Crytpobranchus | 7381 |
alleganiensis alleganiensis), mudpuppy (Necturus maculosus | 7382 |
maculosus), red-spotted newt (Notophthalmus viridescens | 7383 |
viridescens), Jefferson salamander (Ambystoma jeffersonianum), | 7384 |
spotted salamander (Ambystoma maculatum), blue-spotted salamander | 7385 |
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum), | 7386 |
streamside salamander (Ambystoma barbouri), marbled salamander | 7387 |
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum | 7388 |
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus), | 7389 |
mountain dusky salamander (Desmognathus ochrophaeus), redback | 7390 |
salamander (Plethodon cinereus), ravine salamander (Plethodon | 7391 |
richmondi), northern slimy salamander (Plethodon glutinosus), | 7392 |
Wehrle's salamander (Plethodon wehrlei), four-toed salamander | 7393 |
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus | 7394 |
porphyriticus duryi), northern spring salamander (Gyrinophilus | 7395 |
porphyriticus porphyriticus), mud salamander (Pseudotriton | 7396 |
montanus), northern red salamander (Pseudotriton ruber ruber), | 7397 |
green salamander (Aneides aeneus), northern two-lined salamander | 7398 |
(Eurycea bislineata), longtail salamander (Eurycea longicauda | 7399 |
longicauda), cave salamander (Eurycea lucifuga), southern | 7400 |
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo | 7401 |
woodhousii fowleri), American toad (Bufo americanus), eastern | 7402 |
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris | 7403 |
crepitans blanchardi), northern spring peeper (Pseudacris crucifer | 7404 |
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog | 7405 |
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata | 7406 |
triseriata), mountain chorus frog (Pseudacris brachyphona), | 7407 |
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota), | 7408 |
northern leopard frog (Rana pipiens), pickerel frog (Rana | 7409 |
palustris), southern leopard frog (Rana utricularia), and wood | 7410 |
frog (Rana sylvatica). | 7411 |
(YY) "Deer" means white-tailed deer (Oddocoileus | 7412 |
virginianus). | 7413 |
(ZZ) "Domestic deer" means nonnative deer that have been | 7414 |
legally acquired or their offspring and that are held in private | 7415 |
ownership for primarily agricultural purposes. | 7416 |
(AAA) "Migratory game bird" includes waterfowl (Anatidae); | 7417 |
doves (Columbidae); cranes (Gruidae); cormorants | 7418 |
(Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and | 7419 |
woodcock and snipe (Scolopacidae). | 7420 |
(BBB) "Accompany" means to go along with another person while | 7421 |
staying within a distance from the person that enables | 7422 |
uninterrupted, unaided visual and auditory communication. | 7423 |
Sec. 1531.02. The ownership of and the title to all wild | 7424 |
animals in this state, not legally confined or held by private | 7425 |
ownership legally acquired, is in the state, which holds such | 7426 |
title in trust for the benefit of all the people. Individual | 7427 |
possession shall be obtained only in accordance with the Revised | 7428 |
Code or division rules. No person at any time of the year shall | 7429 |
take in any manner or possess any number or quantity of wild | 7430 |
animals, except wild animals that the Revised Code or division | 7431 |
rules permit to be taken, hunted, killed, or had in possession, | 7432 |
and only at the time and place and in the manner that the Revised | 7433 |
Code or division rules prescribe. No person shall buy, sell, or | 7434 |
offer any part of wild animals for sale, or transport any part of | 7435 |
wild animals, except as permitted by the Revised Code or division | 7436 |
rules. No person shall possess or transport a wild animal that has | 7437 |
been taken or possessed unlawfully outside the state. | 7438 |
A person doing anything prohibited or neglecting to do | 7439 |
anything required by this chapter or Chapter 1533. of the Revised | 7440 |
Code or contrary to any division rule violates this section. A | 7441 |
person who counsels, aids, shields, or harbors an offender under | 7442 |
7443 | |
in the proceeds of such a violation, or receives or possesses any | 7444 |
wild animal in violation of the Revised Code or division rule, | 7445 |
violates this section. | 7446 |
7447 |
Sec. 1531.04. The division of wildlife, at the direction of | 7448 |
the chief of the division, shall do all of the following: | 7449 |
(A) Plan, develop, and institute programs and policies based | 7450 |
on the best available information, including biological | 7451 |
information derived from professionally accepted practices in | 7452 |
wildlife and fisheries management, with the approval of the | 7453 |
director of natural resources; | 7454 |
(B) Have and take the general care, protection, and | 7455 |
supervision of the wildlife in the state parks known as Lake St. | 7456 |
Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye Lake, | 7457 |
Guilford Lake, such part of Pymatuning reservoir as lies in this | 7458 |
state, and all other state parks and lands owned by the state or | 7459 |
in which it is interested or may acquire or become interested, | 7460 |
except lands and lakes the care and supervision of which are | 7461 |
vested in some other officer, body, board, association, or | 7462 |
organization; | 7463 |
(C) Enforce by proper legal action or proceeding the laws of | 7464 |
the state and division rules for the protection, preservation, | 7465 |
propagation, and management of wild animals and sanctuaries and | 7466 |
refuges for the propagation of those wild animals, and adopt and | 7467 |
carry into effect such measures as it considers necessary in the | 7468 |
performance of its duties; | 7469 |
(D) Promote, educate, and inform the citizens of the state | 7470 |
about conservation and the values of fishing, hunting, and | 7471 |
trapping, with the approval of the director. | 7472 |
Sec. 1531.06. (A) The chief of the division of wildlife, | 7473 |
with the approval of the director of natural resources, may | 7474 |
acquire by gift, lease, purchase, or otherwise lands or surface | 7475 |
rights upon lands and waters or surface rights upon waters for | 7476 |
wild animals, fish or game management, preservation, propagation, | 7477 |
and protection, outdoor and nature activities, public fishing and | 7478 |
hunting grounds, and flora and fauna preservation. The chief, with | 7479 |
the approval of the director, may receive by grant, devise, | 7480 |
bequest, donation, or assignment evidences of indebtedness, the | 7481 |
proceeds of which are to be used for the purchase of such lands or | 7482 |
surface rights upon lands and waters or surface rights upon | 7483 |
waters. | 7484 |
(B)(1) The chief shall adopt rules for the protection of | 7485 |
state-owned or leased lands and waters and property under the | 7486 |
7487 | |
use or occupancy that will ensure the carrying out of the intent | 7488 |
of this section, protect those lands, waters, and property from | 7489 |
depredations, and preserve them from molestation, spoilation, | 7490 |
destruction, or any improper use or occupancy thereof, including | 7491 |
rules with respect to recreational activities and for the | 7492 |
government and use of such lands, waters, and property. | 7493 |
(2) The chief may adopt rules benefiting wild animals, fish | 7494 |
or game management, preservation, propagation, and protection, | 7495 |
outdoor and nature activities, public fishing and hunting grounds, | 7496 |
and flora and fauna preservation, and regulating the taking and | 7497 |
possession of wild animals on any lands or waters owned or leased | 7498 |
or under the division's supervision and control and, for a | 7499 |
specified period of years, may prohibit or recall the taking and | 7500 |
possession of any wild animal on any portion of such lands or | 7501 |
waters. The division clearly shall define and mark the boundaries | 7502 |
of the lands and waters owned or leased or under its supervision | 7503 |
and control upon which the taking of any wild animal is | 7504 |
prohibited. | 7505 |
(C) The chief, with the approval of the director, may acquire | 7506 |
by gift, lease, or purchase land for the purpose of establishing | 7507 |
state fish hatcheries and game farms and may erect on it buildings | 7508 |
or structures that are necessary. | 7509 |
The title to or lease of such lands and waters shall be taken | 7510 |
by the chief in the name of the state. The lease or purchase price | 7511 |
of all such lands and waters may be paid from hunting and trapping | 7512 |
and fishing licenses and any other funds. | 7513 |
(D) To provide more public recreation, stream and lake | 7514 |
agreements for public fishing only may be obtained under rules | 7515 |
adopted by the chief. | 7516 |
(E) The chief, with the approval of the director, may | 7517 |
establish user fees for the use of special public facilities or | 7518 |
participation in special activities on lands and waters | 7519 |
administered by the division. The special facilities and | 7520 |
activities may include hunting or fishing on special designated | 7521 |
public lands and waters intensively managed or stocked with | 7522 |
artificially propagated game birds or fish, field trial | 7523 |
facilities, wildlife nature centers, firearm ranges, boat mooring | 7524 |
facilities, camping sites, and other similar special facilities | 7525 |
and activities. The chief shall determine whether the user fees | 7526 |
are refundable and shall ensure that that information is provided | 7527 |
at the time the user fees are paid. | 7528 |
(F) The chief, with the approval of the director, may enter | 7529 |
into lease agreements for rental of concessions or other special | 7530 |
projects situated on state-owned or leased lands or waters or | 7531 |
other property under the division's control. The chief shall set | 7532 |
and collect the fees for concession rentals or other special | 7533 |
projects; regulate through contracts between the division and | 7534 |
concessionaires the sale of tangible objects at concessions or | 7535 |
other special projects; and keep a record of all such fee payments | 7536 |
showing the amount received, from whom received, and for what | 7537 |
purpose the fee was collected. | 7538 |
(G) The chief may sell or donate conservation-related items | 7539 |
or items that promote wildlife conservation, including, but not | 7540 |
limited to, stamps, pins, badges, books, bulletins, maps, | 7541 |
publications, calendars, and any other educational article or | 7542 |
artifact pertaining to wild animals; sell confiscated or forfeited | 7543 |
items; and sell surplus structures and equipment, and timber or | 7544 |
crops from lands owned, administered, leased, or controlled by the | 7545 |
division. | 7546 |
(H) The chief may sell, lease, or transfer minerals or | 7547 |
mineral rights, with the approval of the director, when the chief | 7548 |
and the director determine it to be in the best interest of the | 7549 |
state. Upon approval of the director, the chief may make, execute, | 7550 |
and deliver contracts, including leases, to mine, drill, or | 7551 |
excavate iron ore, stone, coal, petroleum, gas, salt, and other | 7552 |
minerals upon and under lands owned by the state and administered | 7553 |
by the division to any person who complies with the terms of such | 7554 |
a contract. No such contract shall be valid for more than fifty | 7555 |
years from its effective date. Consideration for minerals and | 7556 |
mineral rights shall be by rental or royalty basis as prescribed | 7557 |
by the chief and payable as prescribed by contract. Moneys | 7558 |
collected under this division shall be paid into the state | 7559 |
treasury to the credit of the wildlife habitat fund created in | 7560 |
section 1531.33 of the Revised Code. Contracts entered into under | 7561 |
this division also may provide for consideration for minerals or | 7562 |
mineral rights in the form of acquisition of lands as provided | 7563 |
under divisions (A) and (C) of this section. | 7564 |
(I) All moneys received under divisions (E), (F), and (G) of | 7565 |
this section shall be paid into the state treasury to the credit | 7566 |
of a fund that shall be used for the purposes outlined in section | 7567 |
1533.15 of the Revised Code and for the management of other wild | 7568 |
animals for their ecological and nonconsumptive recreational value | 7569 |
or benefit. | 7570 |
(J) The chief, with the approval of the director, may barter | 7571 |
or sell wild animals to other states, state or federal agencies, | 7572 |
and conservation or zoological organizations. Moneys received from | 7573 |
the sale of wild animals shall be deposited into the wild animal | 7574 |
fund created in section 1531.34 of the Revised Code. | 7575 |
(K) The chief shall adopt rules establishing standards and | 7576 |
guidelines for the administration of contraceptive chemicals to | 7577 |
noncaptive wild animals. The rules may specify chemical delivery | 7578 |
methods and devices and monitoring requirements. | 7579 |
The chief shall establish criteria for the issuance of and | 7580 |
shall issue permits for the administration of contraceptive | 7581 |
chemicals to noncaptive wild animals. No person shall administer | 7582 |
contraceptive chemicals to noncaptive wild animals without a | 7583 |
permit issued by the chief. | 7584 |
(L) All fees set by the chief under this section shall be | 7585 |
approved by the wildlife council. | 7586 |
(M) Information contained in the wildlife diversity database | 7587 |
that is established pursuant to division (B)(2) of this section | 7588 |
and section 1531.25 of the Revised Code may be made available to | 7589 |
any individual or public or private agency for research, | 7590 |
educational, environmental, land management, or other similar | 7591 |
purposes that are not detrimental to the conservation of a species | 7592 |
or feature. Information regarding sensitive site locations of | 7593 |
species that are listed pursuant to section 1531.25 of the Revised | 7594 |
Code and of features that are included in the wildlife diversity | 7595 |
database is not subject to section 149.43 of the Revised Code if | 7596 |
the chief determines that the release of the information could be | 7597 |
detrimental to the conservation of a species or feature. | 7598 |
Sec. 1531.10. In accordance with Chapter 119. of the Revised | 7599 |
Code, the chief of the division of wildlife shall adopt, and may | 7600 |
amend and rescind, rules that are necessary for the administration | 7601 |
and enforcement of this chapter and Chapter 1533. of the Revised | 7602 |
Code. Each such rule | 7603 |
7604 | |
be given | 7605 |
the chief considers necessary or expedient. As long as a rule of | 7606 |
the division of wildlife remains in effect, a copy of it shall be | 7607 |
included and printed in any authorized compilation of the division | 7608 |
lawbook. All such rules shall be under the seal of the division | 7609 |
and shall bear the signature, or a facsimile thereof, of the | 7610 |
chief. | 7611 |
Sec. 1531.20. Any motor vehicle, all-terrain vehicle, or | 7612 |
boat used in the unlawful taking or transporting of wild animals, | 7613 |
and any net, seine, trap, ferret, gun, or other device used in the | 7614 |
unlawful taking of wild animals, is a public nuisance. Each | 7615 |
wildlife officer, or other officer with like authority, shall | 7616 |
seize and safely keep such property and the illegal results of its | 7617 |
use, and unless otherwise ordered by the chief of the division of | 7618 |
wildlife shall | 7619 |
proceedings in a proper court of the county for its forfeiture. A | 7620 |
writ of replevin shall not lie to take the property from the | 7621 |
officer's custody or from the custody or jurisdiction of the court | 7622 |
in which
the proceeding is | 7623 |
proceeding affect a criminal prosecution for the unlawful use or | 7624 |
possession of the property. | 7625 |
An action for the forfeiture of any such property shall be | 7626 |
7627 | |
property seized and stating the unlawful use made of it, the time | 7628 |
and place of seizure, and the name of the person owning or using | 7629 |
it at the time of seizure. If the name is unknown, that fact shall | 7630 |
be stated. Upon the filing of the affidavit, the court shall issue | 7631 |
a summons setting forth the facts stated in the affidavit and | 7632 |
fixing a time and place for the hearing of the complaint. A copy | 7633 |
of the summons shall be served on the owner or person using the | 7634 |
property at the time of its seizure, if the owner or user is | 7635 |
known, or by leaving a copy thereof at the owner's or user's usual | 7636 |
residence or place of business in the county, at least three days | 7637 |
before the time fixed for the hearing of the complaint. If the | 7638 |
owner or user is unknown or a nonresident of the county or cannot | 7639 |
be found therein, a copy of the summons shall be posted at a | 7640 |
suitable place nearest the place of seizure, but if the owner's or | 7641 |
user's address is known, a copy of the summons shall be mailed to | 7642 |
the owner or user at least three days before the time fixed for | 7643 |
the hearing of the complaint. On the date fixed for the hearing, | 7644 |
the officer making the service shall make a return of the time and | 7645 |
manner of making the service. Upon the proper cause shown, the | 7646 |
court may postpone the hearing. | 7647 |
| 7648 |
initiated under this section shall not progress to actual | 7649 |
forfeiture of the seized property unless so ordered by the court. | 7650 |
The court may order the actual forfeiture of the seized property | 7651 |
as part of the sentence that it imposes if the owner or person | 7652 |
unlawfully using the property at the time of its seizure is | 7653 |
7654 | |
property at the time of its seizure was being used by the owner or | 7655 |
user in violation of law or division rule | 7656 |
7657 | |
7658 | |
be the property of the state, to be disposed of | 7659 |
chief of the division of wildlife directs. | 7660 |
| 7661 |
7662 | |
7663 | |
7664 | |
7665 |
Sec. 1531.27. The chief of the division of wildlife shall | 7666 |
pay to the treasurers of the several counties wherein lands owned | 7667 |
by the state and administered by the division are located an | 7668 |
annual amount determined in the following manner: in each such | 7669 |
county one per cent of the total value of such lands exclusive of | 7670 |
improvements, as shown on the auditor's records of taxable value | 7671 |
of real property existing at the time when the state acquired the | 7672 |
tract or tracts comprising the lands. | 7673 |
The payments shall be made from funds accruing to the | 7674 |
division | 7675 |
fines, penalties, restitution, and forfeitures deposited into the | 7676 |
state treasury to the credit of the wildlife fund created in | 7677 |
section 1531.17 of the Revised Code. The allocation of amounts to | 7678 |
be paid from those sources shall be determined by the director of | 7679 |
natural resources. | 7680 |
The payments to the treasurers of the several counties shall | 7681 |
be credited to the fund for school purposes within the school | 7682 |
districts wherein the lands are located. | 7683 |
Sec. 1531.99. (A) Whoever violates section 1531.02 of the | 7684 |
Revised Code, or any division rule, other than a rule adopted | 7685 |
under section 1531.25 of the Revised Code, is guilty of a | 7686 |
misdemeanor of the fourth degree. | 7687 |
(B) Whoever violates section 1531.02 of the Revised Code | 7688 |
concerning the taking or possession of deer or violates division | 7689 |
(K) of section 1531.06 or section 1531.07 or 1531.29 of the | 7690 |
Revised Code is guilty of a misdemeanor of the third degree on a | 7691 |
first offense; on each subsequent offense, that person is guilty | 7692 |
of a misdemeanor of the first degree. | 7693 |
(C) Whoever violates section 1531.25 of the Revised Code is | 7694 |
guilty of a misdemeanor of the first degree. | 7695 |
(D) Whoever violates section 1531.02 of the Revised Code | 7696 |
concerning the buying, selling, or offering for sale of any wild | 7697 |
animals or parts of wild animals, the minimum value of which | 7698 |
animals or parts, in the aggregate, is | 7699 |
dollars or more as established under section 1531.201 of the | 7700 |
Revised Code, is guilty of a felony of the fifth degree. | 7701 |
(E) A court that imposes sentence for a violation of any | 7702 |
section of this chapter governing the holding, taking, buying, | 7703 |
selling, or possession of wild animals, including, without | 7704 |
limitation, section 1531.11 of the Revised Code, shall require the | 7705 |
person who is convicted of or pleads guilty to the offense, in | 7706 |
addition to any fine, term of imprisonment, seizure, and | 7707 |
forfeiture imposed, to make restitution for the minimum value of | 7708 |
the wild animal illegally held, taken, bought, sold, or possessed | 7709 |
as established under section 1531.201 of the Revised Code. An | 7710 |
officer who collects moneys paid as restitution under this section | 7711 |
shall pay those moneys to the treasurer of state who shall deposit | 7712 |
them in the state treasury to the credit of the wildlife fund | 7713 |
established under section 1531.17 of the Revised Code. | 7714 |
Sec. 1533.07. No person shall catch, kill, injure, pursue, | 7715 |
or have in the person's possession, either dead or alive, or | 7716 |
purchase, expose for sale, transport, or ship to a point within or | 7717 |
without the state, or receive or deliver for transportation any | 7718 |
bird other than a game bird, or have in the person's possession | 7719 |
any part of the plumage, skin, or body of any bird other than a | 7720 |
game bird, except as permitted in Chapter 1531. and this chapter | 7721 |
of the Revised Code, or disturb or destroy the eggs, nest, or | 7722 |
young of such a bird. | 7723 |
This section does not prohibit the lawful taking, killing, | 7724 |
pursuing, or possession of any game bird during the open season | 7725 |
for the bird. | 7726 |
7727 | |
7728 | |
shall not be killed or possessed at any time, except that eagles | 7729 |
or ospreys may be possessed for educational purposes by | 7730 |
governmental or municipal zoological parks, museums, and | 7731 |
scientific or educational institutions. European starlings, | 7732 |
English sparrows, and common pigeons, other than homing pigeons, | 7733 |
may be killed at any time and their nests or eggs may be | 7734 |
destroyed | 7735 |
doing damage to grain or other property or when they become a | 7736 |
nuisance. | 7737 |
Each bird or any part thereof taken or had in possession | 7738 |
contrary to this section constitutes a separate offense. | 7739 |
Sec. 1533.08. Except as otherwise provided by division rule, | 7740 |
any person desiring to collect or possess wild animals that are | 7741 |
protected by law or their nests or eggs for scientific study, | 7742 |
school instruction, other educational uses, or rehabilitation | 7743 |
shall make an annual application to the chief of the division of | 7744 |
wildlife for a
wild animal | 7745 |
by the chief. Each
applicant for a wild animal | 7746 |
other than an applicant desiring to rehabilitate wild animals, | 7747 |
shall pay an annual fee of twenty-five dollars for each permit. No | 7748 |
fee shall be charged to an applicant desiring to rehabilitate wild | 7749 |
animals. | 7750 |
7751 | |
take, possess, and transport at any time
and in | 7752 |
is acceptable to the chief specimens of wild animals protected by | 7753 |
law or their nests and eggs for scientific study, school | 7754 |
instruction, other educational uses, or rehabilitation and under | 7755 |
any additional rules recommended by the wildlife council. Upon the | 7756 |
receipt of a permit, the holder may take, possess, and transport | 7757 |
those wild animals in accordance with the permit. | 7758 |
Each holder of a permit engaged in collecting or who | 7759 |
possesses such wild animals shall carry the permit at all times | 7760 |
and shall exhibit it upon demand to any | 7761 |
7762 | |
defined in section 2935.01 of the Revised Code, or to the owner or | 7763 |
person in lawful control of the land upon which the permit holder | 7764 |
is
collecting | 7765 |
Failure to so carry or exhibit the permit constitutes an offense | 7766 |
under this section. | 7767 |
Each permit holder shall keep a daily record of all specimens | 7768 |
collected or possessed under the permit and the disposition of the | 7769 |
specimens and shall exhibit the daily record to any official of | 7770 |
the division upon demand. | 7771 |
Each permit shall remain in effect for one year from the date | 7772 |
of issuance unless it is revoked sooner by the chief. | 7773 |
All moneys received as fees for the issuance of a wild animal | 7774 |
collecting permit shall be transmitted to the director of natural | 7775 |
resources to be paid into the state treasury to the credit of the | 7776 |
fund created by section 1533.15 of the Revised Code. | 7777 |
Sec. 1533.09. Before the | 7778 |
March of each
year, each wild animal | 7779 |
shall file with
the division of wildlife a written report of | 7780 |
the permit holder's operations under the permit and the | 7781 |
disposition of the specimens collected or possessed during the | 7782 |
preceding calendar year on report blanks furnished by the chief of | 7783 |
the division. Failure to file a report shall cause the permit to | 7784 |
be forfeited as of the | 7785 |
Permits are not transferable. No permit holder or person | 7786 |
collecting or possessing wild animals under authority of such a | 7787 |
permit shall take, possess, or transport the wild animals for any | 7788 |
purpose not specified in the permit. | 7789 |
Conviction of a violation of this section, failure to carry a | 7790 |
permit and exhibit it to any person requesting to see it as | 7791 |
provided in section 1533.08 of the Revised Code, or the violation | 7792 |
of any other law concerning wild animals constitutes a revocation | 7793 |
and forfeiture of the permit involved. The former permit holder | 7794 |
shall not be entitled to another permit for a period of one year | 7795 |
from the date of the conviction. | 7796 |
Sec. 1533.10. Except as provided in this section or division | 7797 |
(A)(2) of section 1533.12 of the Revised Code, no person shall | 7798 |
hunt any wild bird or wild quadruped without a hunting license. | 7799 |
Each day that any person hunts within the state without procuring | 7800 |
such a license constitutes a separate offense. Except as otherwise | 7801 |
provided in this section, every applicant for a hunting license | 7802 |
who is a resident of the state and eighteen years of age or more | 7803 |
shall procure a resident hunting license or an apprentice resident | 7804 |
hunting license,
the fee for which shall be eighteen dollars | 7805 |
unless the rules adopted under division (B) of section 1533.12 of | 7806 |
the Revised Code provide for issuance of a resident hunting | 7807 |
license to the applicant free of charge. Except as provided in | 7808 |
rules adopted under division (B)(2) of that section, each | 7809 |
applicant who is a resident of this state and who at the time of | 7810 |
application is sixty-six years of age or older shall procure a | 7811 |
special senior hunting license, the fee for which shall be | 7812 |
one-half of the regular hunting license fee. Every applicant who | 7813 |
is under the age of eighteen years shall procure a special youth | 7814 |
hunting license or an apprentice youth hunting license, the fee | 7815 |
for which shall be one-half of the regular hunting license fee. | 7816 |
The owner of lands in the state and the owner's children of any | 7817 |
age and grandchildren under eighteen years of age may hunt on the | 7818 |
lands without a hunting license. The tenant and children of the | 7819 |
tenant, residing on lands in the state, may hunt on them without a | 7820 |
hunting license. Except as otherwise provided in division (A)(1) | 7821 |
of section 1533.12 of the Revised Code, every applicant for a | 7822 |
hunting license who is a nonresident of the state and who is | 7823 |
eighteen years of age or older shall procure a nonresident hunting | 7824 |
license or an apprentice nonresident hunting license, the fee for | 7825 |
which shall be
one hundred twenty-four dollars | 7826 |
applicant is a resident of a state that is a party to an agreement | 7827 |
under section 1533.91 of the Revised Code, in which case the fee | 7828 |
shall be eighteen dollars. Apprentice resident hunting licenses, | 7829 |
apprentice youth hunting licenses, and apprentice nonresident | 7830 |
hunting licenses are subject to the requirements established under | 7831 |
section 1533.102 of the Revised Code and rules adopted pursuant to | 7832 |
it. | 7833 |
The chief of the division of wildlife may issue a small game | 7834 |
hunting license expiring three days from the effective date of the | 7835 |
license to a nonresident of the state, the fee for which shall be | 7836 |
thirty-nine dollars. No person shall take or possess deer, wild | 7837 |
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame | 7838 |
animal while possessing only a small game hunting license. A | 7839 |
small game hunting license or an apprentice nonresident hunting | 7840 |
license does not authorize the taking or possessing of ducks, | 7841 |
geese, or brant without having obtained, in addition to the small | 7842 |
game hunting license or the apprentice nonresident hunting | 7843 |
license, a wetlands habitat stamp as provided in section 1533.112 | 7844 |
of the Revised Code. A small game hunting license or an | 7845 |
apprentice nonresident hunting license does not authorize the | 7846 |
taking or possessing of deer, wild turkeys, or fur-bearing | 7847 |
animals. A nonresident of the state who wishes to take or possess | 7848 |
deer, wild turkeys, or fur-bearing animals in this state shall | 7849 |
procure, respectively, a | 7850 |
provided in section 1533.11 of the Revised Code or a fur taker | 7851 |
permit as provided in section 1533.111 of the Revised Code in | 7852 |
addition to a nonresident hunting license, an apprentice | 7853 |
nonresident hunting license, a special youth hunting license, or | 7854 |
an apprentice youth hunting license, as applicable, as provided in | 7855 |
this section. | 7856 |
No person shall procure or attempt to procure a hunting | 7857 |
license by fraud, deceit, misrepresentation, or any false | 7858 |
statement. | 7859 |
This section does not authorize the taking and possessing of | 7860 |
deer or wild turkeys without first having obtained, in addition to | 7861 |
the hunting license required by this section, a
| 7862 |
wild turkey permit as provided in section 1533.11 of the Revised | 7863 |
Code or the taking and possessing of ducks, geese, or brant | 7864 |
without first having obtained, in addition to the hunting license | 7865 |
required by this section, a wetlands habitat stamp as provided in | 7866 |
section 1533.112 of the Revised Code. | 7867 |
This section does not authorize the hunting or trapping of | 7868 |
fur-bearing animals without first having obtained, in addition to | 7869 |
a hunting license required by this section, a fur taker permit as | 7870 |
provided in section 1533.111 of the Revised Code. | 7871 |
No hunting license shall be issued unless it is accompanied | 7872 |
by a written explanation of the law in section 1533.17 of the | 7873 |
Revised Code and the penalty for its violation, including a | 7874 |
description of terms of imprisonment and fines that may be | 7875 |
imposed. | 7876 |
No hunting license, other than an apprentice hunting license, | 7877 |
shall be issued unless the applicant presents to the agent | 7878 |
authorized to issue the license a previously held hunting license | 7879 |
or evidence of having held such a license in content and manner | 7880 |
approved by the chief, a certificate of completion issued upon | 7881 |
completion of a hunter education and conservation course approved | 7882 |
by the chief, or evidence of equivalent training in content and | 7883 |
manner approved by the chief. A previously held apprentice hunting | 7884 |
license does not satisfy the requirement concerning the | 7885 |
presentation of a previously held hunting license or evidence of | 7886 |
it. | 7887 |
No person shall issue a hunting license, except an apprentice | 7888 |
hunting license, to any person who fails to present the evidence | 7889 |
required by this section. No person shall purchase or obtain a | 7890 |
hunting license, other than an apprentice hunting license, without | 7891 |
presenting to the issuing agent the evidence required by this | 7892 |
section. Issuance of a hunting license in violation of the | 7893 |
requirements of this section is an offense by both the purchaser | 7894 |
of the illegally obtained hunting license and the clerk or agent | 7895 |
who issued the hunting license. Any hunting license issued in | 7896 |
violation of this section is void. | 7897 |
The chief, with approval of the wildlife council, shall adopt | 7898 |
rules prescribing a hunter education and conservation course for | 7899 |
first-time hunting license buyers, other than buyers of apprentice | 7900 |
hunting licenses, and for volunteer instructors. The course shall | 7901 |
consist of subjects including, but not limited to, hunter safety | 7902 |
and health, use of hunting implements, hunting tradition and | 7903 |
ethics, the hunter and conservation, the law in section 1533.17 of | 7904 |
the Revised Code along with the penalty for its violation, | 7905 |
including a description of terms of imprisonment and fines that | 7906 |
may be imposed, and other law relating to hunting. Authorized | 7907 |
personnel of the division or volunteer instructors approved by the | 7908 |
chief shall conduct such courses with such frequency and at such | 7909 |
locations throughout the state as to reasonably meet the needs of | 7910 |
license applicants. The chief shall issue a certificate of | 7911 |
completion to each person who successfully completes the course | 7912 |
and passes an examination prescribed by the chief. | 7913 |
Sec. 1533.11. (A) Except as provided in this section, no | 7914 |
person shall hunt deer on lands of another without first obtaining | 7915 |
an annual | 7916 |
no person shall hunt wild turkeys on lands of another without | 7917 |
first obtaining an annual | 7918 |
applicant for a | 7919 |
annual fee of twenty-three dollars for each permit unless the | 7920 |
rules adopted under division (B) of section 1533.12 of the Revised | 7921 |
Code provide for issuance of a deer or wild turkey permit to the | 7922 |
applicant free of charge. Except as provided in rules adopted | 7923 |
under division (B)(2) of that section, each applicant who is a | 7924 |
resident of this state and who at the time of application is | 7925 |
sixty-six years of age or older shall procure a | 7926 |
deer or wild turkey permit, the fee for which shall be one-half of | 7927 |
the regular | 7928 |
who is under the age of eighteen years shall procure a | 7929 |
youth deer or wild turkey permit, the fee for which shall be | 7930 |
one-half of the regular | 7931 |
Except as provided in division (A)(2) of section 1533.12 of the | 7932 |
Revised Code, a deer or wild turkey permit shall run concurrently | 7933 |
with the hunting license. The money received shall be paid into | 7934 |
the state treasury to the credit of the wildlife fund, created in | 7935 |
section 1531.17 of the Revised Code, exclusively for the use of | 7936 |
the division of wildlife in the acquisition and development of | 7937 |
land for deer or wild turkey management, for investigating deer or | 7938 |
wild turkey problems, and for the stocking, management, and | 7939 |
protection of deer or wild turkey. Every person, while hunting | 7940 |
deer or wild turkey on lands of another, shall carry the person's | 7941 |
7942 | |
enforcement officer so requesting. Failure to so carry and exhibit | 7943 |
such a permit constitutes an offense under this section. The chief | 7944 |
of the division of wildlife shall adopt any additional rules the | 7945 |
chief considers necessary to carry out this section and section | 7946 |
1533.10 of the Revised Code. | 7947 |
The owner and the children of the owner of lands in this | 7948 |
state may hunt deer or wild turkey thereon without a | 7949 |
or wild turkey permit. The tenant and children of the tenant may | 7950 |
hunt deer or wild turkey on lands where they reside without a | 7951 |
7952 |
(B) A | 7953 |
No person shall carry a | 7954 |
in the name of another person. | 7955 |
(C) The wildlife refunds fund is hereby created in the state | 7956 |
treasury. The fund shall consist of money received from | 7957 |
application fees for | 7958 |
Money in the fund shall be used to make refunds of such | 7959 |
application fees. | 7960 |
Sec. 1533.12. (A)(1) Except as otherwise provided in | 7961 |
division (A)(2) of this section, every person on active duty in | 7962 |
the armed forces of the United States who is stationed in this | 7963 |
state and who wishes to engage in an activity for which a license, | 7964 |
permit, or stamp is required under this chapter first shall obtain | 7965 |
the requisite license, permit, or stamp. Such a person is eligible | 7966 |
to obtain a resident hunting or fishing license regardless of | 7967 |
whether the person qualifies as a resident of this state. To | 7968 |
obtain a resident hunting or fishing license, the person shall | 7969 |
present a card or other evidence identifying the person as being | 7970 |
on active duty in the armed forces of the United States and as | 7971 |
being stationed in this state. | 7972 |
(2) Every person on active duty in the armed forces of the | 7973 |
United States, while on leave or furlough, may take or catch fish | 7974 |
of the kind lawfully permitted to be taken or caught within the | 7975 |
state, may hunt any wild bird or wild quadruped lawfully permitted | 7976 |
to be hunted within the state, and may trap fur-bearing animals | 7977 |
lawfully permitted to be trapped within the state, without | 7978 |
procuring a fishing license, a hunting license, a fur taker | 7979 |
permit, or a wetlands habitat stamp required by this chapter, | 7980 |
provided that the person shall carry on the person when fishing, | 7981 |
hunting, or trapping, a card or other evidence identifying the | 7982 |
person as being on active duty in the armed forces of the United | 7983 |
States, and provided that the person is not otherwise violating | 7984 |
any of the hunting, fishing, and trapping laws of this state. | 7985 |
In order to hunt deer or wild turkey, any such person shall | 7986 |
obtain a | 7987 |
section 1533.11 of the Revised Code. However, the person need not | 7988 |
obtain a hunting license in order to obtain such a permit. | 7989 |
(B) The chief of the division of wildlife shall provide by | 7990 |
rule adopted under section 1531.10 of the Revised Code all of the | 7991 |
following: | 7992 |
(1) Every resident of this state with a disability that has | 7993 |
been determined by the veterans administration to be permanently | 7994 |
and totally disabling, who receives a pension or compensation from | 7995 |
the veterans administration, and who received an honorable | 7996 |
discharge from the armed forces of the United States, and every | 7997 |
veteran to whom the registrar of motor vehicles has issued a set | 7998 |
of license plates under section 4503.41 of the Revised Code, shall | 7999 |
be issued | 8000 |
permit, deer or wild turkey permit, or wetlands habitat stamp, or | 8001 |
any combination of those licenses, permits, and stamp, free of | 8002 |
charge on an annual, multi-year, or lifetime basis as determined | 8003 |
appropriate by the chief when application is made to the chief in | 8004 |
the manner prescribed by and on forms provided by the chief. | 8005 |
(2) Every resident of the state who was born on or before | 8006 |
December 31, 1937, shall be issued an annual fishing license, | 8007 |
hunting license, fur taker permit, deer or wild turkey permit, or | 8008 |
wetlands habitat stamp, or any combination of those licenses, | 8009 |
permits, and stamp, free of charge when application is made to the | 8010 |
chief in the manner prescribed by and on forms provided by the | 8011 |
chief. | 8012 |
(3) Every resident of state or county institutions, | 8013 |
charitable institutions, and military homes in this state shall be | 8014 |
issued an annual fishing license free of charge when application | 8015 |
is made to the chief in the manner prescribed by and on forms | 8016 |
provided by the chief. | 8017 |
(4) Any mobility impaired or blind person, as defined in | 8018 |
section 955.011 of the Revised Code, who is a resident of this | 8019 |
state and who is unable to engage in fishing without the | 8020 |
assistance of another person shall be issued an annual fishing | 8021 |
license free of charge when application is made to the chief in | 8022 |
the manner prescribed by and on forms provided by the chief. The | 8023 |
person who is assisting the mobility impaired or blind person may | 8024 |
assist in taking or catching fish of the kind permitted to be | 8025 |
taken or caught without procuring the license required under | 8026 |
section 1533.32 of the Revised Code, provided that only one line | 8027 |
is used by both persons. | 8028 |
(5) As used in division (B)(5) of this section, "prisoner of | 8029 |
war" means any regularly appointed, enrolled, enlisted, or | 8030 |
inducted member of the military forces of the United States who | 8031 |
was captured, separated, and incarcerated by an enemy of the | 8032 |
United States. | 8033 |
Any person who has been a prisoner of war, was honorably | 8034 |
discharged from the military forces, and is a resident of this | 8035 |
state shall be issued | 8036 |
license, fur taker permit, or wetlands habitat stamp, or any | 8037 |
combination of those licenses, permits, and stamp, free of charge | 8038 |
on an annual, multi-year, or lifetime basis as determined | 8039 |
appropriate by the chief when application is made to the chief in | 8040 |
the manner prescribed by and on forms provided by the chief. | 8041 |
(C) The chief shall adopt rules pursuant to section 1531.08 | 8042 |
of the Revised Code designating not more than two days, which need | 8043 |
not be consecutive, in each year as "free sport fishing days" on | 8044 |
which any resident may exercise the privileges accorded the holder | 8045 |
of a fishing license issued under section 1533.32 of the Revised | 8046 |
Code without procuring such a license, provided that the person is | 8047 |
not otherwise violating any of the fishing laws of this state. | 8048 |
Sec. 1533.131. The chief of the division of wildlife may | 8049 |
sell gift certificates that may be used to obtain hunting and | 8050 |
fishing licenses, fur taker, | 8051 |
permits, and wetlands habitat stamps. For the purposes of this | 8052 |
section, the chief shall adopt rules in accordance with section | 8053 |
1531.10 of the Revised Code doing all of the following: | 8054 |
(A) Providing that a gift certificate may be used to obtain a | 8055 |
resident or nonresident hunting license under section 1533.10 of | 8056 |
the Revised Code, a resident or nonresident fishing license under | 8057 |
section 1533.32 of the Revised Code, a fur taker permit under | 8058 |
section 1533.111 of the
Revised Code, a | 8059 |
turkey permit under section 1533.11 of the Revised Code, a | 8060 |
wetlands habitat stamp under section 1533.112 of the Revised Code, | 8061 |
or a combination of those licenses, permits, and stamps; | 8062 |
(B) Prescribing the form for the gift certificates; | 8063 |
(C) Authorizing persons who are designated and authorized | 8064 |
under section 1533.13 of the Revised Code to sell licenses and | 8065 |
permits under this chapter also to sell gift certificates under | 8066 |
this section; | 8067 |
(D) Establishing fees for the gift certificates, which shall | 8068 |
equal the total of the fee for a resident or nonresident hunting | 8069 |
license, a resident or nonresident fishing license, a fur taker | 8070 |
permit, a | 8071 |
stamp, or a combination of those licenses, permits, and | 8072 |
stamp, as applicable, and the fee established under section | 8073 |
1533.13 of the Revised Code; | 8074 |
(E) Requiring gift certificates to expire one year after the | 8075 |
date of purchase. | 8076 |
Nothing in this section or rules adopted under it relieves an | 8077 |
individual who receives a gift certificate for a hunting license | 8078 |
from complying with the requirement established under section | 8079 |
1533.10 of the Revised Code to present, when applying for the | 8080 |
license, a previously held hunting license or evidence of having | 8081 |
held such a license in content and manner approved by the chief, a | 8082 |
certificate of completion issued upon completion of a hunter | 8083 |
education and conservation course approved by the chief, or | 8084 |
evidence of equivalent training in content and manner approved by | 8085 |
the chief. | 8086 |
Nothing in this section or rules adopted under it relieves an | 8087 |
individual who receives a gift certificate for a fur taker permit | 8088 |
from complying with the requirements established under section | 8089 |
1533.111 of the Revised Code to present, when applying for the | 8090 |
permit, a previously held hunting license or trapping or fur taker | 8091 |
permit or evidence of having held such a license or permit in | 8092 |
content and manner approved by the chief, a certificate of | 8093 |
completion issued upon completion of a trapper education course | 8094 |
approved by the chief, or evidence of equivalent training in | 8095 |
content and manner approved by the chief. | 8096 |
Sec. 1533.171. (A) No person, in the act of hunting, | 8097 |
pursuing, taking, or killing a wild animal, shall act in a | 8098 |
negligent, careless, or reckless manner so as to injure persons or | 8099 |
property. | 8100 |
(B) The court before whom any person is convicted of or | 8101 |
pleads guilty to a violation of division (A) of this section shall | 8102 |
report that fact, together with the violator's name and address, | 8103 |
to the chief of the division of wildlife not later than ten days | 8104 |
after the date of conviction or plea. | 8105 |
(C) Not later than seven days after receiving a notification | 8106 |
under division (B) of this section, the chief shall revoke, for | 8107 |
not less than one year nor more than five years, each hunting | 8108 |
license, fur taker permit, | 8109 |
turkey permit, and wetlands habitat stamp issued to that person | 8110 |
under this chapter. No fee paid for such a license, permit, or | 8111 |
stamp shall be returned to the person. | 8112 |
Upon revoking a license, permit, or stamp, or a combination | 8113 |
thereof, under this division, the chief immediately shall send a | 8114 |
notice of that action by certified mail to the last known address | 8115 |
of the person. The notice shall state the action taken, order the | 8116 |
person to surrender the revoked license, permit, or stamp, or | 8117 |
combination thereof, and state that the department of natural | 8118 |
resources will not afford a hearing as required under section | 8119 |
119.06 of the Revised Code. | 8120 |
(D) If, after receiving a notice under division (C) of this | 8121 |
section, the person decides to petition for a review of the | 8122 |
revocation, the person shall file a petition for such a review not | 8123 |
later than thirty days after receiving the notice in the municipal | 8124 |
court or the county court, or, if the person is under eighteen | 8125 |
years of age, the juvenile court, in whose jurisdiction the | 8126 |
violation occurred. The review shall be limited to the question of | 8127 |
the appropriateness of the period of revocation. The court shall | 8128 |
send a copy of the petition to the chief by certified mail | 8129 |
together with timely notice of the date, time, and place of a | 8130 |
hearing on the petition. The filing of a petition for a review | 8131 |
shall not stay the revocation during the pendency of the appeal. | 8132 |
(E) No person whose license, permit, or stamp, or a | 8133 |
combination thereof, has been revoked under this section shall | 8134 |
attempt to purchase, purchase, apply for, or receive any hunting | 8135 |
license, fur taker permit, | 8136 |
turkey permit, or wetlands habitat stamp issued under this chapter | 8137 |
or engage in hunting during the time any such license, permit, or | 8138 |
stamp, or a combination thereof, is revoked. | 8139 |
Sec. 1533.42. Except as otherwise provided by division rule, | 8140 |
every licensee taking fish with commercial fishing gear, except a | 8141 |
trotline of seventy hooks or less, in any of the waters mentioned | 8142 |
in this chapter and Chapter 1531. | 8143 |
Code or division rule, shall keep accurate reports for each day's | 8144 |
catch upon forms provided, and in the manner prescribed, by the | 8145 |
chief of the division of wildlife. | 8146 |
Every commercial fishing licensee shall keep an accurate | 8147 |
record of each day's catch as prescribed upon a monthly report | 8148 |
form. The report shall include at least the number of pounds of | 8149 |
each kind of fish taken, the locality fished, the kind and amount | 8150 |
of fishing gear lifted, the number of fishing nights, the number | 8151 |
of lifts, and any other data the biologists employed by the | 8152 |
division of wildlife require in following the trend of the | 8153 |
fisheries. The licensee shall report each month, under oath when | 8154 |
requested to do so, those data to the chief. | 8155 |
The daily catch data shall be recorded accurately on the | 8156 |
respective date upon a report form approved by the chief no later | 8157 |
than twelve noon on the day following the day in which the fish | 8158 |
were taken. The monthly report and any other report required | 8159 |
pursuant to this section shall be submitted to the division no | 8160 |
later than the fifteenth day of the month following the end of the | 8161 |
calendar month in which the fish were taken. | 8162 |
A licensee shall contact the chief or the chief's designee | 8163 |
when the licensee is in transit to the licensee's trap nets to | 8164 |
lift, move, pull, remove, clean, or maintain the trap nets for any | 8165 |
reason and also shall contact the chief or the chief's designee | 8166 |
when returning to land with a daily catch of fish from a trap net | 8167 |
indicating the licensee's estimated time of arrival at a specific | 8168 |
port and any other information required by the chief. The licensee | 8169 |
shall contact the chief or the chief's designee by using a | 8170 |
cellular telephone, radio, or other communication device in a | 8171 |
manner prescribed by the chief. | 8172 |
No person shall fail to comply with any report procedure | 8173 |
provided for in this section, other provisions of this section, or | 8174 |
division rule adopted pursuant thereto. | 8175 |
In addition to other penalties provided in the Revised Code, | 8176 |
the license of any person who is convicted of two violations of | 8177 |
this section that occurred within a twelve-month period is | 8178 |
suspended upon the second such conviction by operation of law for | 8179 |
a period of sixty fishing season days immediately following that | 8180 |
conviction. | 8181 |
In addition to other penalties provided in the Revised Code, | 8182 |
the license of any person who is convicted of three or more | 8183 |
violations of this section that occurred within a twelve-month | 8184 |
period is suspended upon the third or subsequent such conviction | 8185 |
by operation of law for a period of eighteen fishing season months | 8186 |
immediately following that conviction. | 8187 |
During any period of suspension, no person shall use or | 8188 |
engage in fishing with commercial gear owned, used, or controlled | 8189 |
at the time of conviction by the licensee whose license has been | 8190 |
suspended. | 8191 |
Sec. 1533.632. (A) As used in this section: | 8192 |
(1) "Aquaculture" means a form of agriculture that involves | 8193 |
the propagation and rearing of aquatic species in controlled | 8194 |
environments under private control, including, but not limited to, | 8195 |
for the purpose of sale for consumption as food. | 8196 |
(2) "Aquaculture species" means any aquatic species that may | 8197 |
be raised through aquaculture that is either a class A aquaculture | 8198 |
species or a class B aquaculture species. | 8199 |
(3) "Class A aquaculture species" includes | 8200 |
8201 |
| 8202 |
8203 |
| 8204 |
| 8205 |
| 8206 |
| 8207 |
| 8208 |
| 8209 |
| 8210 |
| 8211 |
| 8212 |
8213 | |
8214 | |
designated as such by the chief of the division of wildlife in | 8215 |
rules adopted under division (B) of this section. | 8216 |
(4) "Class B aquaculture species" includes any species, | 8217 |
except for class A aquaculture species, designated as such by the | 8218 |
chief | 8219 |
(B) of this section. | 8220 |
(5) "Aquaculture production facility" means a facility
| 8221 |
8222 | |
determined by the chief, and that is solely dedicated to the | 8223 |
propagation and rearing of an aquaculture species. | 8224 |
(6) "Suitable infrastructure" includes ponds, raceways, and | 8225 |
tanks. | 8226 |
(B) The chief, in accordance with Chapter 119. of the Revised | 8227 |
Code, shall adopt rules for the regulation of aquaculture and may | 8228 |
issue permits to persons wishing to engage in aquaculture for the | 8229 |
production of aquaculture species. Rules adopted under this | 8230 |
section shall ensure the protection and preservation of the | 8231 |
wildlife and natural resources of this state. The legal length and | 8232 |
weight limitations established under section 1533.63 of the | 8233 |
Revised Code do not apply to class A or class B aquaculture | 8234 |
species. | 8235 |
A permit may be issued upon application to any person who | 8236 |
satisfies the chief that the person | 8237 |
8238 | |
8239 | |
aquaculture | 8240 |
such form as the chief prescribes. The permits shall be classified | 8241 |
as either class A or class B. A class A permit shall be required | 8242 |
for all class A aquaculture
species that are | 8243 |
8244 | |
Class B permits shall be issued on a case-by-case basis. In | 8245 |
determining whether to issue a class B permit, the chief shall | 8246 |
take into account the species for which the class B permit is | 8247 |
requested, the location of the aquaculture production facility, | 8248 |
and any other information determined by the chief to be necessary | 8249 |
to protect the wildlife and natural resources of this state. The | 8250 |
annual fee for a class A permit shall be fifty dollars unless | 8251 |
otherwise provided by rule by the chief. The annual fee for a | 8252 |
class B permit shall be set by the chief at a level between one | 8253 |
hundred and five hundred dollars. In determining the fee to be | 8254 |
charged for a class B permit, the chief shall take into account | 8255 |
the additional costs to the division for the inspection of | 8256 |
aquaculture facilities used to raise a given class B aquaculture | 8257 |
species. | 8258 |
The chief may revoke a permit upon a determination that the | 8259 |
person to whom the permit was issued has violated any rule adopted | 8260 |
under this section. The permit shall be reissued upon a showing by | 8261 |
the person that the person is in compliance with the rules adopted | 8262 |
under this section. A holder of an aquaculture permit may receive | 8263 |
a permit issued under section 1533.301 or 1533.40 of the Revised | 8264 |
Code without payment of the fee for that permit if the conditions | 8265 |
for the issuance of the permit have been met. | 8266 |
(C) No person shall knowingly sell any aquatic species under | 8267 |
an aquaculture permit issued under this section that was not | 8268 |
raised in an aquaculture production facility. In addition to any | 8269 |
other penalties prescribed for violation of this division, the | 8270 |
chief may revoke the permit of any person convicted of a violation | 8271 |
of this division for any period of time the chief considers | 8272 |
necessary. | 8273 |
(D) No person who does not hold a current valid aquaculture | 8274 |
permit shall knowingly sell an aquaculture species while claiming | 8275 |
to possess an aquaculture permit. | 8276 |
Sec. 1533.68. If a person is convicted of a violation of any | 8277 |
law relative to the taking, possession, protection, preservation, | 8278 |
or propagation of wild animals, or a violation of division (C) of | 8279 |
section 2909.08 of the Revised Code while hunting, or is convicted | 8280 |
of a violation of any rule of the division of wildlife, the court | 8281 |
or magistrate before whom the conviction is had, as an additional | 8282 |
part of the penalty in
each case, | 8283 |
license or permit issued to the person in accordance with any | 8284 |
section of the Revised Code pertaining to the hunting, fishing, | 8285 |
trapping, breeding, and sale of wild animals or the sale of their | 8286 |
hides, skins, or pelts. No fee paid for such a license or permit | 8287 |
shall be returned to the person. | 8288 |
No person having a license or permit suspended or revoked as | 8289 |
provided in this section, in the event of a hunting or trapping | 8290 |
violation, shall engage in hunting or trapping, in the event of a | 8291 |
violation of division (C) of section 2909.08 of the Revised Code | 8292 |
while hunting, shall engage in hunting, or in the event of a | 8293 |
fishing violation, shall engage in fishing, or purchase, apply | 8294 |
for, or receive any such license or permit for the following | 8295 |
periods of time, as applicable: | 8296 |
(A) Three years after the date of conviction if the person is | 8297 |
convicted of taking or possessing a deer in violation of section | 8298 |
1531.02 of the Revised Code; | 8299 |
(B) Not more than three years after the date of conviction if | 8300 |
the person is convicted of taking or possessing any other wild | 8301 |
animal in violation of section 1531.02 of the Revised Code, is | 8302 |
convicted of a misdemeanor violation of division (C) of section | 8303 |
2909.08 of the Revised Code while hunting, or is convicted of a | 8304 |
second or subsequent violation of section 1533.17 of the Revised | 8305 |
Code within a period of three consecutive years after the date of | 8306 |
conviction of the immediately preceding violation of that section; | 8307 |
(C) Not more than five years after the date of conviction if | 8308 |
the person is convicted of violating section 1533.171 or of taking | 8309 |
or possessing an eagle or osprey in violation of section 1533.07 | 8310 |
of the Revised Code or is convicted of a felony violation of | 8311 |
division (C) of section 2909.08 of the Revised Code while hunting; | 8312 |
(D) Not more than five years after the date of conviction if | 8313 |
the person is convicted of violating any section of this chapter | 8314 |
or Chapter 1531. of the Revised Code not specified in division | 8315 |
(A), (B), or (C) of this section. | 8316 |
All licenses and permits suspended or revoked as provided in | 8317 |
this section shall be taken up by the magistrate and sent to the | 8318 |
department of natural resources where they shall be filed with a | 8319 |
record of the arrest until the person who held the suspended or | 8320 |
revoked license or permit is lawfully entitled to obtain another | 8321 |
license or permit. | 8322 |
Sec. 1533.86. As used in sections 1533.86 to 1533.90 of the | 8323 |
Revised Code: | 8324 |
(A) "Ginseng" means the plant Panax quinquefolius L., also | 8325 |
known as Panax quinquefolium L., commonly known as American | 8326 |
ginseng. | 8327 |
(B) "Wild ginseng" means ginseng that grows in an | 8328 |
uncultivated state and in its natural habitat whether the plant | 8329 |
occurs naturally from that habitat or was introduced or increased | 8330 |
in abundance by sowing ginseng seed or transplanting ginseng | 8331 |
plants from other areas and performing no other cultivation | 8332 |
practices. | 8333 |
(C) "Cultivated ginseng" means ginseng that grows or has been | 8334 |
grown in tilled beds under the shade of artificial structures or | 8335 |
natural shade and is cultivated according to standard ginseng | 8336 |
horticultural practices. | 8337 |
(D) "Harvest" means to cut, pick, dig, root up, gather, or | 8338 |
otherwise collect ginseng. | 8339 |
(E) "Person" includes any legal entity defined as a person | 8340 |
under section | 8341 |
subdivision, instrumentality, or agency of | 8342 |
state | 8343 |
(F) "Collector" means a person who harvests ginseng. | 8344 |
(G) "Grower" means a person who grows cultivated ginseng. | 8345 |
(H) "Dealer" means a person who buys or otherwise acquires or | 8346 |
conveys ginseng for resale. | 8347 |
(I) "Buy" includes trade or barter. | 8348 |
(J) "Sell" includes trade or barter. | 8349 |
Sec. 1533.882. No person shall do any of the following: | 8350 |
(A) Without written authorization from the chief of the | 8351 |
division of wildlife, harvest wild ginseng except during the | 8352 |
harvesting season as established by rule adopted pursuant to | 8353 |
section 1533.88 of the Revised Code; | 8354 |
(B) Without first obtaining written permission from the | 8355 |
person entitled to the ginseng, willfully destroy, injure, or | 8356 |
harvest ginseng that is the property of that person; | 8357 |
(C) Attempt to harvest ginseng in a manner that, if | 8358 |
harvested, would constitute a violation of division (A) or (B) of | 8359 |
this section; | 8360 |
(D) Ship or otherwise transport out of state ginseng that has | 8361 |
not been certified in accordance with rules adopted pursuant to | 8362 |
division (B) of section 1533.88 of the Revised Code; | 8363 |
| 8364 |
adopted pursuant to section 1533.88 of the Revised Code, buy, | 8365 |
otherwise acquire, or sell uncertified ginseng; | 8366 |
| 8367 |
pursuant to section 1533.88 of the Revised Code; | 8368 |
| 8369 |
certificate of legal taking issued by that state under its ginseng | 8370 |
management program; | 8371 |
| 8372 |
in any permit application, report, export certificate, or other | 8373 |
document required by rules adopted pursuant to section 1533.88 of | 8374 |
the Revised Code; | 8375 |
| 8376 |
of the Revised Code or rules adopted pursuant to section 1533.88 | 8377 |
of the Revised Code. | 8378 |
Sec. 1533.99. (A) Whoever violates section 1533.17 of the | 8379 |
Revised Code is guilty of a misdemeanor of the third degree on a | 8380 |
first offense and a misdemeanor of the second degree on each | 8381 |
subsequent offense. In addition to any other sanction imposed | 8382 |
under this division, on a second or subsequent offense occurring | 8383 |
within a period of three consecutive years after the date of | 8384 |
conviction of the immediately preceding violation of that section | 8385 |
any firearms or other hunting implements in the possession or | 8386 |
under the control of the offender at the time of the violation are | 8387 |
subject to seizure in accordance with section 1531.20 of the | 8388 |
Revised Code. If the offender persists in the offense after | 8389 |
reasonable warning or request to desist, the offender is guilty of | 8390 |
a misdemeanor of the second degree. | 8391 |
(B) Whoever violates section 1533.161, 1533.23, 1533.24, | 8392 |
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55, | 8393 |
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72, | 8394 |
1533.73,
1533.74, 1533.75, 1533.76, 1533.77, | 8395 |
1533.80, division (F) of section 1533.731, or division (B) or (C) | 8396 |
of section 1533.97 of the Revised Code is guilty of a misdemeanor | 8397 |
of the third degree. | 8398 |
(C) Whoever violates division (B) of section 1533.03, section | 8399 |
1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 1533.42, | 8400 |
1533.51, 1533.63, 1533.64, 1533.67, 1533.68, 1533.721, 1533.881, | 8401 |
or 1533.882, division (B)(2) or (3) of section 1533.731, or | 8402 |
division (A) of section 1533.97 of the Revised Code is guilty of a | 8403 |
misdemeanor of the first degree. | 8404 |
(D) Whoever violates division (D) of section 1533.97 of the | 8405 |
Revised Code is guilty of a misdemeanor of the fourth degree. The | 8406 |
court shall require any person who is convicted of or pleads | 8407 |
guilty to the offense to refund to all participants in the fishing | 8408 |
tournament operated by the person any entry fees paid by the | 8409 |
participants. | 8410 |
(E) Whoever violates division (C) or (D) of section 1533.632 | 8411 |
of the Revised Code is guilty of a felony of the fifth degree. | 8412 |
(F) Whoever violates any section of this chapter for which no | 8413 |
penalty is otherwise provided is guilty of a misdemeanor of the | 8414 |
fourth degree. | 8415 |
(G) A court that imposes sentence for a violation of any | 8416 |
section of this chapter governing the holding, taking, or | 8417 |
possession of wild animals shall require the person who is | 8418 |
convicted of or pleads guilty to the offense, in addition to any | 8419 |
fine, term of imprisonment, seizure, and forfeiture imposed, to | 8420 |
make restitution for the minimum value of the wild animal or | 8421 |
animals illegally held, taken, or possessed as established under | 8422 |
section 1531.201 of the Revised Code. An officer who collects | 8423 |
moneys paid as restitution under this section shall pay those | 8424 |
moneys to the treasurer of state who shall deposit them in the | 8425 |
state treasury to the credit of the wildlife fund established | 8426 |
under section 1531.17 of the Revised Code. | 8427 |
Sec. 1541.03. All lands and waters dedicated and set apart | 8428 |
for state park purposes shall be under the control and management | 8429 |
of the division of parks and recreation, which shall protect, | 8430 |
maintain, and keep them in repair. The division shall have the | 8431 |
following powers over all such lands and waters: | 8432 |
(A) To make alterations and improvements; | 8433 |
(B) To construct and maintain dikes, wharves, landings, | 8434 |
docks, dams, and other works; | 8435 |
(C) To construct and maintain roads and drives in, around, | 8436 |
upon, and to the lands and waters to make them conveniently | 8437 |
accessible and useful to the public; | 8438 |
(D) Except as otherwise provided in this section, to adopt, | 8439 |
amend, and rescind, in accordance with Chapter 119. of the Revised | 8440 |
Code, rules necessary for the proper management of state parks, | 8441 |
bodies of water, and the lands adjacent to them under its | 8442 |
jurisdiction and control, including the following: | 8443 |
(1) Governing opening and closing times and dates of the | 8444 |
parks; | 8445 |
(2) Establishing fees and charges for use of facilities in | 8446 |
state parks; | 8447 |
(3) Governing camps, camping, and fees for camps and camping; | 8448 |
(4) Governing the application for and rental of, rental fees | 8449 |
for, and the use of | 8450 |
(5) Relating to public use of state park lands, and governing | 8451 |
the operation of motor vehicles, including speeds, and parking on | 8452 |
those lands; | 8453 |
(6) Governing all advertising within state parks and the | 8454 |
requirements for the operation of places selling tangible personal | 8455 |
property and control of food service sales on lands and waters | 8456 |
under the control of the division, which rules shall establish | 8457 |
uniform requirements; | 8458 |
(7) Providing uniform standards relating to the size, type, | 8459 |
location, construction, and maintenance of structures and devices | 8460 |
used for fishing or moorage of watercraft, rowboats, sailboats, | 8461 |
and powercraft, as those terms are defined in section 1547.01 of | 8462 |
the Revised Code, over waters under the control of the division | 8463 |
and establishing reasonable fees for the construction of and | 8464 |
annual use permits for those structures and devices; | 8465 |
(8) Governing state beaches, swimming, inflatable devices, | 8466 |
and fees for them; | 8467 |
(9) Governing the removal and disposition of any watercraft, | 8468 |
rowboat, sailboat, or powercraft, as those terms are defined in | 8469 |
section 1547.01 of the Revised Code, left unattended for more than | 8470 |
seven days on any lands or waters under the control of the | 8471 |
division; | 8472 |
(10) Governing the establishment and collection of check | 8473 |
collection charges for checks that are returned to the division or | 8474 |
dishonored for any reason. | 8475 |
The division shall adopt rules under this section | 8476 |
establishing a discount program for all persons who are issued a | 8477 |
golden buckeye card under section 173.06 of the Revised Code. The | 8478 |
discount program shall provide a discount for all park services | 8479 |
and rentals, but shall not provide a discount for the purchase of | 8480 |
merchandise. | 8481 |
The division shall not adopt rules establishing fees or | 8482 |
charges for parking a motor vehicle in a state park or for | 8483 |
admission to a state park. | 8484 |
Every resident of this state with a disability that has been | 8485 |
determined by the veterans administration to be permanently and | 8486 |
totally disabling, who receives a pension or compensation from the | 8487 |
veterans administration, and who received an honorable discharge | 8488 |
from the armed forces of the United States, and every veteran to | 8489 |
whom the registrar of motor vehicles has issued a set of license | 8490 |
plates under section 4503.41 of the Revised Code, shall be exempt | 8491 |
from the fees for camping, provided that the resident or veteran | 8492 |
carries in the state park such evidence of the resident's or | 8493 |
veteran's disability as the chief of the division of parks and | 8494 |
recreation prescribes by rule. | 8495 |
Unless otherwise provided by division rule, every resident of | 8496 |
this state who is sixty-five years of age or older or who is | 8497 |
permanently and totally disabled and who furnishes evidence of | 8498 |
that age or disability in a manner prescribed by division rule | 8499 |
shall be charged one-half of the regular fee for camping, except | 8500 |
on the weekends and holidays designated by the division, and shall | 8501 |
not be charged more than ninety per cent of the regular charges | 8502 |
for state recreational facilities, equipment, services, and food | 8503 |
service operations utilized by the person at any time of year, | 8504 |
whether maintained or operated by the state or leased for | 8505 |
operation by another entity. | 8506 |
As used in this section, "food service operations" means | 8507 |
restaurants that are owned by the department of natural resources | 8508 |
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state | 8509 |
parks or are part of a state park lodge. "Food service | 8510 |
operations" does not include automatic vending machines, | 8511 |
concession stands, or snack bars. | 8512 |
As used in this section, "prisoner of war" means any | 8513 |
regularly appointed, enrolled, enlisted, or inducted member of the | 8514 |
military forces of the United States who was captured, separated, | 8515 |
and incarcerated by an enemy of the United States. Any person who | 8516 |
has been a prisoner of war, was honorably discharged from the | 8517 |
military forces, and is a resident of this state is exempt from | 8518 |
the fees for camping. To claim this exemption, the person shall | 8519 |
present written evidence in the form of a record of separation, a | 8520 |
letter from one of the military forces of the United States, or | 8521 |
such other evidence as the chief prescribes by rule that satisfies | 8522 |
the eligibility criteria established by this section. | 8523 |
Sec. 1541.05. (A) The chief of the division of parks and | 8524 |
recreation, with the approval of the director of natural | 8525 |
resources, may dispose of any of the following by sale, donation, | 8526 |
trade, trade-in, recycling, or any other lawful means, in a manner | 8527 |
that will benefit the division: | 8528 |
(1) Standing timber that as a result of wind, storm, | 8529 |
pestilence, or any other natural occurrence may present a hazard | 8530 |
to life or property, | 8531 |
lands under the control and management of the division, or any | 8532 |
timber that requires management to improve wildlife habitat, | 8533 |
protect against wildfires, provide access to recreational | 8534 |
facilities, or improve the safety, quality, or appearance of any | 8535 |
state park area; | 8536 |
(2) Spoils of a dredging operation conducted by the division | 8537 |
in waters under the control and management of the division. Prior | 8538 |
to the disposition of any spoils under this division, the chief | 8539 |
shall notify the director of environmental
protection of | 8540 |
chief's intent so that the director may determine if the spoils | 8541 |
constitute solid wastes or hazardous waste, as those terms are | 8542 |
defined in section 3734.01 of
the Revised Code, that | 8543 |
disposed of in accordance with Chapter 3734. of the Revised Code. | 8544 |
If the director does not notify the chief within thirty days after | 8545 |
receiving notice of the disposition that the spoils
| 8546 |
disposed of in accordance with Chapter 3734. of the Revised Code, | 8547 |
the chief may proceed with the disposition. | 8548 |
(3) Notwithstanding sections 125.12 to 125.14 of the Revised | 8549 |
Code, excess supplies and surplus supplies, as those terms are | 8550 |
defined in section 125.12 of the Revised Code; | 8551 |
(4) Agricultural products that are grown or raised by the | 8552 |
division. As used in this division, "agricultural products" | 8553 |
includes products of apiculture, animal husbandry, or poultry | 8554 |
husbandry, field crops, fruits, and vegetables. | 8555 |
(5) Abandoned personal property, including golf balls that | 8556 |
are found on property under the control and management of the | 8557 |
division. | 8558 |
(B) In accordance with Chapter 119. of the Revised Code, the | 8559 |
chief shall adopt, and may amend and rescind, such rules as are | 8560 |
necessary to administer this section. | 8561 |
(C) Proceeds from the disposition of items under this section | 8562 |
shall be deposited in the state treasury to the credit of the | 8563 |
state park fund created in section 1541.22 of the Revised Code. | 8564 |
Sec. 1541.40. There is hereby created in the division of | 8565 |
parks and recreation an Ohio parks and recreation council, which | 8566 |
shall consist of seven members to be appointed by the governor | 8567 |
with the advice and consent of the senate. By reason of | 8568 |
vocation, employment, or affiliation one of | 8569 |
be classed as a representative of municipal parks, one as a | 8570 |
representative of metropolitan park districts, one as a | 8571 |
representative of conservancy districts, one as a representative | 8572 |
of | 8573 |
districts, one as a representative of private recreational | 8574 |
facilities, and two as representatives of the public. | 8575 |
Terms of office shall be for | 8576 |
the first day of February and ending on the thirty-first day of | 8577 |
January | 8578 |
8579 | |
8580 | |
8581 | |
8582 | |
8583 | |
8584 | |
was appointed. Any member appointed to fill a vacancy occurring | 8585 |
prior to the expiration of the term for which | 8586 |
predecessor was appointed shall hold office for the remainder of | 8587 |
8588 | |
the expiration date
of | 8589 |
member's successor takes office, or until a period of sixty days | 8590 |
has elapsed, whichever occurs first. | 8591 |
The council shall annually select from among its members a | 8592 |
8593 |
Members of the council shall receive no compensation, but | 8594 |
shall be reimbursed for their actual and necessary expenses | 8595 |
incurred in the performance of their official duties as members of | 8596 |
the council. | 8597 |
The council shall hold at least one regular meeting in each | 8598 |
quarter of each calendar year, and shall keep a record of its | 8599 |
proceedings, which shall be open to the public for inspection. | 8600 |
Special meetings may be called by the | 8601 |
shall be
called by | 8602 |
request therefor signed by two or more members of the council. A | 8603 |
written notice of the time and place of each meeting shall be sent | 8604 |
to each member of the council. A majority of the members of the | 8605 |
council shall constitute a quorum. | 8606 |
The chief of the division of parks and recreation shall act | 8607 |
as secretary of the council. Technical, legal, and other services | 8608 |
required by the council in the performance of its official duties | 8609 |
shall be furnished by the personnel of the division of parks and | 8610 |
recreation. | 8611 |
The governor may remove any member of the council at any time | 8612 |
for inefficiency, neglect of duty, or malfeasance in office. | 8613 |
Sec. 1547.05. No person born on or after January 1, 1982, | 8614 |
shall operate on the waters in this state a powercraft powered by | 8615 |
more than ten horsepower, unless the operator successfully has | 8616 |
completed either a safe boater course approved by the national | 8617 |
association of state boating law administrators or a proctored or | 8618 |
nonproctored proficiency examination that tests knowledge of | 8619 |
information included in the curriculum of such a course, and has | 8620 |
received a certificate as evidence of successful completion of the | 8621 |
course or examination. | 8622 |
No person shall permit a powercraft to be operated on the | 8623 |
waters in this state in violation of this section. | 8624 |
Sec. 1547.08. (A) No person shall operate a vessel within or | 8625 |
through a designated bathing area or within or through any area | 8626 |
that has been buoyed off designating it as an area in which | 8627 |
vessels are prohibited. | 8628 |
(B)(1) No person shall operate a vessel at greater than idle | 8629 |
speed or at a speed that creates a wake under any of the following | 8630 |
circumstances: | 8631 |
(a) Within three hundred feet of any marina, boat docking | 8632 |
facility, boat gasoline dock, launch ramp, recreational boat | 8633 |
harbor, or harbor entrance on Lake Erie or on the Ohio river; | 8634 |
(b) During the period from sunset to sunrise according to | 8635 |
local time within any water between the Dan Beard bridge and the | 8636 |
Brent Spence bridge on the Ohio river for any vessel not | 8637 |
documented by the United States coast guard as commercial; | 8638 |
(c) Within any area buoyed or marked as a no wake area on the | 8639 |
waters in this state. | 8640 |
(2) Division (B)(1) of this section does not apply in either | 8641 |
of the following places: | 8642 |
(a) An area designated by the chief of the division of | 8643 |
watercraft unless it is marked by a buoy or sign as a no wake or | 8644 |
idle speed area; | 8645 |
(b) Within any water between the Dan Beard bridge and the | 8646 |
Brent Spence bridge on the Ohio river when the United States coast | 8647 |
guard has authorized the holding of a special event of a community | 8648 |
nature on that water. | 8649 |
(C) No person shall operate a vessel in any area of | 8650 |
restricted or controlled operation in violation of the designated | 8651 |
restriction. | 8652 |
(D) No person shall operate a vessel within three hundred | 8653 |
feet of an official diver's flag unless the person is tendering | 8654 |
the diving operation. | 8655 |
(E) All areas of restricted or controlled operation as | 8656 |
described in division (A) of this section or as provided for in | 8657 |
section 1547.14 or 1547.61 of the Revised Code shall be marked by | 8658 |
a buoy or sign designating the restriction. All waters surrounded | 8659 |
by or lying between such a buoy or sign and the closest shoreline | 8660 |
are thereby designated as an area in which the designated | 8661 |
restrictions shall apply in the operation of any vessel. | 8662 |
Markings on buoys designating areas of restricted or | 8663 |
controlled operation shall be so spaced as to show all around the | 8664 |
horizon. Lineal spacing between the buoys shall be such that under | 8665 |
normal conditions of visibility any buoy shall be readily visible | 8666 |
from the next adjacent buoy. No colors or symbols, except as | 8667 |
provided for in rules of the chief, shall be used on buoys or | 8668 |
signs for marking closed or controlled areas of boating waters. | 8669 |
Any state department, conservancy district, or political | 8670 |
subdivision having jurisdiction and control of impounded boating | 8671 |
waters may place such buoys or signs on its waters. Any political | 8672 |
subdivision may apply to the chief for permission to place such | 8673 |
buoys or signs on other waters within its territorial limits. No | 8674 |
person shall place or cause to be placed a regulatory buoy or sign | 8675 |
on, into, or along the waters in this state unless the person has | 8676 |
complied with all the provisions of this chapter. | 8677 |
(F) No person shall enter, operate a vessel that enters, or | 8678 |
allow a vessel to enter a federally declared security zone as | 8679 |
defined in 33 C.F.R. Chapter I, subparts 6.01-1, 6.01-2, 6.01-3, | 8680 |
6.01-4, 6.01-5, 6.04-1, 6.04-5, 6.04-6, 6.04-7, and 6.04-8. | 8681 |
(G) No person shall permit any vessel to be operated on the | 8682 |
waters in this state in violation of this section. | 8683 |
Sec. 1547.51. There is hereby created within the department | 8684 |
of natural resources the division of watercraft. The division | 8685 |
shall administer and enforce all laws relative to the | 8686 |
identification, numbering, registration, titling, use, and | 8687 |
operation of vessels operated on the waters in this state and, | 8688 |
with the approval of the director of natural resources, educate | 8689 |
and inform the citizens of the state about, and promote, | 8690 |
conservation, navigation, safety practices, and the benefits of | 8691 |
recreational boating. | 8692 |
Sec. 1547.54. (A)(1) Except as otherwise provided in section | 8693 |
1547.542 of the Revised Code, the owner of every watercraft | 8694 |
requiring registration under this chapter shall file an | 8695 |
application for a triennial registration certificate with the | 8696 |
chief of the division of watercraft on forms that shall be | 8697 |
provided by the chief or by an electronic means approved by the | 8698 |
chief. The application shall be signed by the following: | 8699 |
(a) If the watercraft is owned by two persons under joint | 8700 |
ownership with right of survivorship established under section | 8701 |
2131.12 of the Revised Code, by both of those persons as owners of | 8702 |
the watercraft. The signatures may be done by electronic signature | 8703 |
if the owners themselves are renewing the registration and there | 8704 |
are no changes in the registration information since the issuance | 8705 |
of the immediately preceding registration certificate. In all | 8706 |
other instances, the signatures shall be done manually. | 8707 |
(b) If the watercraft is owned by a minor, by the minor and a | 8708 |
parent or legal guardian. The signatures may be done by electronic | 8709 |
signature if the parent or legal guardian and the minor themselves | 8710 |
are renewing the registration and there are no changes in the | 8711 |
registration information since the issuance of the immediately | 8712 |
preceding registration certificate. In all other instances, the | 8713 |
signatures shall be done manually. | 8714 |
(c) In all other cases, by the owner of the watercraft. The | 8715 |
signature may be done by electronic signature if the owner is | 8716 |
renewing the registration personally and there are no changes in | 8717 |
the registration information since the issuance of the immediately | 8718 |
preceding registration certificate. In all other instances, the | 8719 |
signatures shall be done manually. | 8720 |
(2) An application for a triennial registration of a | 8721 |
watercraft filed under division (A)(1) of this section shall be | 8722 |
accompanied by the following fee: | 8723 |
(a) For canoes, rowboats, and inflatable watercraft that are | 8724 |
numbered under section 1547.53 of the Revised Code, twelve | 8725 |
dollars; | 8726 |
(b) For canoes, row boats, and inflatable watercraft that are | 8727 |
not numbered under section 1547.53 of the Revised Code, seventeen | 8728 |
dollars; | 8729 |
(c) For class A watercraft, including motorized canoes, | 8730 |
thirty dollars; | 8731 |
(d) For class 1 watercraft, forty-five dollars; | 8732 |
(e) For class 2 watercraft, sixty dollars; | 8733 |
(f) For class 3 watercraft, seventy-five dollars; | 8734 |
(g) For class 4 watercraft, ninety dollars. | 8735 |
(3) For the purpose of registration, any watercraft operated | 8736 |
by means of power, sail, or any other mechanical or electrical | 8737 |
means of propulsion, except motorized canoes, shall be registered | 8738 |
by length as prescribed in this section. | 8739 |
(4) If an application for registration is filed by two | 8740 |
persons as owners under division (A)(1)(a) of this section, the | 8741 |
person who is listed first on the title shall serve as and perform | 8742 |
the duties of the "owner" and shall be considered the person "in | 8743 |
whose name the watercraft is registered" for purposes of divisions | 8744 |
(B) to (Q) of this section and for purposes of all other sections | 8745 |
in this chapter. | 8746 |
(B) All registration certificates issued under this section | 8747 |
are valid for three years and are renewable on a triennial basis | 8748 |
unless sooner terminated or discontinued in accordance with this | 8749 |
chapter. The renewal date shall be printed on the registration | 8750 |
certificate. A registration certificate may be renewed by the | 8751 |
owner in the manner prescribed by the chief. All fees shall be | 8752 |
charged according to a proration of the time remaining in the | 8753 |
registration cycle to the nearest year. | 8754 |
(C) In addition to the fees set forth in this section, the | 8755 |
chief, or any authorized agent, shall charge an additional fee of | 8756 |
three dollars for any registration certificate the chief or | 8757 |
authorized agent issues. When the registration certificate is | 8758 |
issued by an authorized agent, the additional fee of three dollars | 8759 |
shall be retained by the issuing agent. When the registration | 8760 |
certificate is issued by the chief, the additional fee of three | 8761 |
dollars shall be deposited to the credit of the waterways safety | 8762 |
fund established in section 1547.75 of the Revised Code. | 8763 |
(D)(1) Upon receipt of the application in approved form, the | 8764 |
chief shall enter the same upon the records of the office of the | 8765 |
division of watercraft, assign a number to the watercraft if a | 8766 |
number is required under section 1547.53 of the Revised Code, and | 8767 |
issue to the applicant a registration certificate. If a number is | 8768 |
assigned by the chief, it shall be set forth on the certificate. | 8769 |
The registration certificate shall be on the watercraft for which | 8770 |
it is issued and available at all times for inspection whenever | 8771 |
the watercraft is in operation, except that livery operators may | 8772 |
retain the registration certificate at the livery where it shall | 8773 |
remain available for inspection at all times and except as | 8774 |
otherwise provided in division (D)(2) of this section. | 8775 |
(2) A person who is operating on the waters of this state a | 8776 |
canoe, rowboat, or inflatable watercraft that has not been | 8777 |
numbered under section 1547.53 of the Revised Code and who is | 8778 |
stopped by a law enforcement officer in the enforcement of this | 8779 |
chapter or rules adopted under it shall present to the officer, | 8780 |
not later than seventy-two hours after being stopped, a | 8781 |
registration certificate. The registration certificate shall have | 8782 |
been obtained under this section for the canoe, rowboat, or | 8783 |
inflatable watercraft prior to the time that it was stopped. | 8784 |
Failure of the person to present the registration certificate | 8785 |
within seventy-two hours constitutes prima-facie evidence of a | 8786 |
violation of this section. | 8787 |
(E) No person shall issue or be issued a registration | 8788 |
certificate for a watercraft that is required to be issued a | 8789 |
certificate of title under Chapter 1548. of the Revised Code | 8790 |
except upon presentation of a certificate of title for the | 8791 |
watercraft as provided in that chapter, proof of current | 8792 |
documentation by the United States coast guard, a renewal | 8793 |
registration form provided by the division of watercraft, or a | 8794 |
certificate of registration issued under this section that has | 8795 |
expired if there is no change in the ownership or description of | 8796 |
the watercraft. | 8797 |
(F) Whenever the ownership of a watercraft changes, a new | 8798 |
application form together with the prescribed fee shall be filed | 8799 |
with the chief or the chief's agent and a new registration | 8800 |
certificate shall be issued. The application shall be signed | 8801 |
manually by the
person or persons
specified in | 8802 |
(A)(1)(a) to (c) of this section and shall be accompanied by a | 8803 |
two-dollar transfer fee. Any remaining time on the registration | 8804 |
shall be transferred. An authorized agent of the chief shall | 8805 |
charge an additional fee of three dollars, which shall be retained | 8806 |
by the issuing agent. If the certificate is issued by the chief, | 8807 |
an additional fee of three dollars for each certificate issued | 8808 |
shall be collected. | 8809 |
(G) If an agency of the United States has in force an overall | 8810 |
system of identification numbering for watercraft or certain types | 8811 |
of watercraft within the United States, the numbering system | 8812 |
employed by the division shall be in conformity with that system. | 8813 |
(H)(1) The chief may assign any registration certificates to | 8814 |
any authorized agent for the assignment of the registration | 8815 |
certificates. If a person accepts that authorization, the person | 8816 |
may be assigned a block of numbers and certificates that upon | 8817 |
assignment, in conformity with this chapter and Chapter 1548. of | 8818 |
the Revised Code and with rules of the division, shall be valid as | 8819 |
if assigned directly by the division. Any person so designated as | 8820 |
an agent by the chief shall post with the division security as may | 8821 |
be required by the director of natural resources. The chief may | 8822 |
issue an order temporarily or permanently restricting or | 8823 |
suspending an agent's authorization without a hearing if the chief | 8824 |
finds that the agent has violated this chapter or Chapter 1548. of | 8825 |
the Revised Code, rules adopted under them, or any agreements | 8826 |
prescribed by the chief. | 8827 |
(2) A clerk of the court of common pleas may apply for | 8828 |
designation as an authorized agent of the chief. The division | 8829 |
shall accept the clerk's bond that is required under section | 8830 |
2303.02 of the Revised Code for any security that is required for | 8831 |
agents under this division, provided that the bond includes a | 8832 |
rider or other provision specifically covering the clerk's duties | 8833 |
as an authorized agent of the chief. | 8834 |
(I) All records of the division made or kept pursuant to this | 8835 |
section shall be public records. Those records shall be available | 8836 |
for inspection at reasonable hours and in a manner compatible with | 8837 |
normal operations of the division. | 8838 |
(J) The owner shall furnish the division notice within | 8839 |
fifteen days of the following: | 8840 |
(1) The transfer, other than through the creation of a | 8841 |
security interest in any watercraft, of all or any part of the | 8842 |
owner's interest or, if the watercraft is owned by two persons | 8843 |
under joint ownership with right of survivorship established under | 8844 |
section 2131.12 of the Revised Code, of all or any part of the | 8845 |
joint interest of either of the two persons. The transfer shall | 8846 |
not terminate the registration certificate. | 8847 |
(2) Any change in the address appearing on the certificate | 8848 |
8849 | |
the chief with
the owner's new address | 8850 |
(3) The destruction or abandonment of the watercraft. | 8851 |
(K) The chief may issue duplicate registration certificates | 8852 |
or duplicate tags to owners of currently registered watercraft, | 8853 |
the fee for which shall be four dollars. | 8854 |
(L) If the chief finds that a registration certificate | 8855 |
previously issued to an owner is in error to a degree that would | 8856 |
impair its basic purpose and use, the chief may issue a corrected | 8857 |
certificate to the owner without charge. | 8858 |
(M) No authorized agent shall issue and no person shall | 8859 |
receive or accept from an authorized agent a registration | 8860 |
certificate assigned to the authorized agent under division (H) of | 8861 |
this section unless the exact month, day, and year of issue are | 8862 |
plainly written on the certificate by the agent. Certificates | 8863 |
issued with incorrect dates of issue are void from the time they | 8864 |
are issued. | 8865 |
(N) The chief, in accordance with Chapter 119. of the Revised | 8866 |
Code, shall adopt rules governing the renewal of watercraft | 8867 |
registrations by electronic means. | 8868 |
(O) As used in this section: | 8869 |
(1) "Disabled veteran" means a person who is included in | 8870 |
either of the following categories: | 8871 |
(a) Because of a service-connected disability, has been or is | 8872 |
awarded funds for the purchase of a motor vehicle under the | 8873 |
"Disabled Veterans' and Servicemen's Automobile Assistance Act of | 8874 |
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto; | 8875 |
(b) Has a service-connected disability rated at one hundred | 8876 |
per cent by the veterans administration. | 8877 |
(2) "Prisoner of war" means any regularly appointed, | 8878 |
enrolled, enlisted, or inducted member of the military forces of | 8879 |
the United States who was captured, separated, and incarcerated by | 8880 |
an enemy of the United States at any time, and any regularly | 8881 |
appointed, enrolled, or enlisted member of the military forces of | 8882 |
Great Britain, France, Australia, Belgium, Brazil, Canada, China, | 8883 |
Denmark, Greece, the Netherlands, New Zealand, Norway, Poland, | 8884 |
South Africa, or the republics formerly associated with the Union | 8885 |
of Soviet Socialist Republics or Yugoslavia who was a citizen of | 8886 |
the United States at the time of the appointment, enrollment, or | 8887 |
enlistment, and was captured, separated, and incarcerated by an | 8888 |
enemy of this country during World War II. | 8889 |
(P) Any disabled veteran, congressional medal of honor | 8890 |
awardee, or prisoner of war may apply to the chief for a | 8891 |
certificate of registration, or for a renewal of the certificate | 8892 |
of registration, without the payment of any fee required by this | 8893 |
section. The application for a certificate of registration shall | 8894 |
be accompanied by evidence of disability or by documentary | 8895 |
evidence in support of a congressional medal of honor that the | 8896 |
chief requires by rule. The application for a certificate of | 8897 |
registration by any person who has been a prisoner of war shall be | 8898 |
accompanied by written evidence in the form of a record of | 8899 |
separation, a letter from one of the armed forces of a country | 8900 |
listed in division (O)(2) of this section, or other evidence that | 8901 |
the chief may require by rule, that the person was honorably | 8902 |
discharged or is currently residing in this state on active duty | 8903 |
with one of the branches of the armed forces of the United States, | 8904 |
or was a prisoner of war and was honorably discharged or received | 8905 |
an equivalent discharge or release from one of the armed forces of | 8906 |
a country listed in division (O)(2) of this section. | 8907 |
(Q) Annually by the fifteenth day of January, the director of | 8908 |
natural resources shall determine the amount of fees that would | 8909 |
have been collected in the prior calendar year for each | 8910 |
certificate of registration issued or renewed pursuant to division | 8911 |
(P) of this section and shall certify the total amount of foregone | 8912 |
revenue to the director of budget and management for | 8913 |
reimbursement. The director of budget and management shall | 8914 |
transfer the amount certified from the general revenue fund to the | 8915 |
waterways safety fund created pursuant to section 1547.75 of the | 8916 |
Revised Code. | 8917 |
Sec. 1547.541. The owner of a | 8918 |
than twenty-five years old, is essentially as originally | 8919 |
constructed, and is owned primarily as a collector's item and for | 8920 |
participation in club activities, exhibitions, tours, parades, and | 8921 |
similar uses, but is not used for general recreation may apply to | 8922 |
the chief of the division of watercraft for an historic watercraft | 8923 |
identification plate. The chief, by rule, may establish additional | 8924 |
criteria for the registration of historic watercraft that the | 8925 |
chief considers necessary. | 8926 |
The chief shall prescribe the form of application and shall | 8927 |
issue an historic watercraft identification plate, which shall be | 8928 |
securely affixed to the watercraft. The plate shall bear no date, | 8929 |
but shall bear the inscription "historic watercraft." A | 8930 |
registration number assigned by the chief shall be shown on the | 8931 |
plate. The plate is valid without renewal as long as the | 8932 |
watercraft exists and ownership does not change. The fee for the | 8933 |
plate is twenty-five dollars. | 8934 |
Whenever the ownership of an historic watercraft changes, an | 8935 |
application for transfer of registration, together with a fee of | 8936 |
ten dollars, shall be filed with the division of watercraft, and a | 8937 |
new certificate of registration shall be issued. | 8938 |
The historic watercraft identification plate shall be shown | 8939 |
on the watercraft in the same manner as a number required under | 8940 |
sections 1547.53 and 1547.57 of the Revised Code. | 8941 |
If the watercraft is to be used for general recreation, it | 8942 |
also shall be registered as required by section 1547.54 of the | 8943 |
Revised Code. | 8944 |
Sec. 1547.99. (A) Whoever violates section 1547.91 of the | 8945 |
Revised Code is guilty of a felony of the fourth degree. | 8946 |
(B) Whoever violates division (F) of section 1547.08, section | 8947 |
1547.10, division (I) of section 1547.111, section 1547.13, or | 8948 |
section 1547.66 of the Revised Code is guilty of a misdemeanor of | 8949 |
the first degree. | 8950 |
(C) Whoever violates a provision of this chapter or a rule | 8951 |
adopted thereunder, for which no penalty is otherwise provided, is | 8952 |
guilty of a minor misdemeanor. | 8953 |
(D) Whoever violates section 1547.07 or 1547.12 of the | 8954 |
Revised Code without causing injury to persons or damage to | 8955 |
property is guilty of a misdemeanor of the fourth degree. | 8956 |
(E) Whoever violates section 1547.07 or 1547.12 of the | 8957 |
Revised Code causing injury to persons or damage to property is | 8958 |
guilty of a misdemeanor of the third degree. | 8959 |
(F) Whoever violates division (M) of section 1547.54, | 8960 |
division (G) of section 1547.30, or section 1547.131, 1547.25, | 8961 |
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92 | 8962 |
of the Revised Code or a rule adopted under division (A)(2) of | 8963 |
section 1547.52 of the Revised Code is guilty of a misdemeanor of | 8964 |
the fourth degree. | 8965 |
(G) Whoever violates section 1547.11 of the Revised Code is | 8966 |
guilty of a misdemeanor of the first degree and shall be punished | 8967 |
as provided in division (G)(1), (2), or (3) of this section. | 8968 |
(1) Except as otherwise provided in division (G)(2) or (3) of | 8969 |
this section, the court shall sentence the offender to a jail term | 8970 |
of three consecutive days and may sentence the offender pursuant | 8971 |
to section 2929.24 of the Revised Code to a longer jail term. In | 8972 |
addition, the court shall impose upon the offender a fine of not | 8973 |
less than one hundred fifty nor more than one thousand dollars. | 8974 |
The court may suspend the execution of the mandatory jail | 8975 |
term of three consecutive days that it is required to impose by | 8976 |
division (G)(1) of this section if the court, in lieu of the | 8977 |
suspended jail term, places the offender under a community control | 8978 |
sanction pursuant to section 2929.25 of the Revised Code and | 8979 |
requires the offender to attend, for three consecutive days, a | 8980 |
drivers' intervention program that is certified pursuant to | 8981 |
section 3793.10 of the Revised Code. The court also may suspend | 8982 |
the execution of any part of the mandatory jail term of three | 8983 |
consecutive days that it is required to impose by division (G)(1) | 8984 |
of this section if the court places the offender under a community | 8985 |
control sanction pursuant to section 2929.25 of the Revised Code | 8986 |
for part of the three consecutive days; requires the offender to | 8987 |
attend, for that part of the three consecutive days, a drivers' | 8988 |
intervention program that is certified pursuant to section 3793.10 | 8989 |
of the Revised Code; and sentences the offender to a jail term | 8990 |
equal to the remainder of the three consecutive days that the | 8991 |
offender does not spend attending the drivers' intervention | 8992 |
program. The court may require the offender, as a condition of | 8993 |
community control, to attend and satisfactorily complete any | 8994 |
treatment or education programs, in addition to the required | 8995 |
attendance at a drivers' intervention program, that the operators | 8996 |
of the drivers' intervention program determine that the offender | 8997 |
should attend and to report periodically to the court on the | 8998 |
offender's progress in the programs. The court also may impose any | 8999 |
other conditions of community control on the offender that it | 9000 |
considers necessary. | 9001 |
(2) If, within six years of the offense, the offender has | 9002 |
been convicted of or pleaded guilty to one violation of section | 9003 |
1547.11 of the Revised Code, of a municipal ordinance relating to | 9004 |
operating a watercraft or manipulating any water skis, aquaplane, | 9005 |
or similar device while under the influence of alcohol, a drug of | 9006 |
abuse, or a combination of them, of a municipal ordinance relating | 9007 |
to operating a watercraft or manipulating any water skis, | 9008 |
aquaplane, or similar device with a prohibited concentration of | 9009 |
alcohol, a controlled substance, or a metabolite of a controlled | 9010 |
substance in the whole blood, blood serum or plasma, breath, or | 9011 |
urine, of division (A)(1) of section 2903.06 of the Revised Code, | 9012 |
or of division (A)(2), (3), or (4) of section 2903.06 of the | 9013 |
Revised Code or section 2903.06 or 2903.07 of the Revised Code as | 9014 |
they existed prior to March 23, 2000, in a case in which the jury | 9015 |
or judge found that the offender was under the influence of | 9016 |
alcohol, a drug of abuse, or a combination of them, the court | 9017 |
shall sentence the offender to a jail term of ten consecutive days | 9018 |
and may sentence the offender pursuant to section 2929.24 of the | 9019 |
Revised Code to a longer jail term. In addition, the court shall | 9020 |
impose upon the offender a fine of not less than one hundred fifty | 9021 |
nor more than one thousand dollars. | 9022 |
In addition to any other sentence that it imposes upon the | 9023 |
offender, the court may require the offender to attend a drivers' | 9024 |
intervention program that is certified pursuant to section 3793.10 | 9025 |
of the Revised Code. | 9026 |
(3) If, within six years of the offense, the offender has | 9027 |
been convicted of or pleaded guilty to more than one violation | 9028 |
identified in division (G)(2) of this section, the court shall | 9029 |
sentence the offender to a jail term of thirty consecutive days | 9030 |
and may sentence the offender to a longer jail term of not more | 9031 |
than one year. In addition, the court shall impose upon the | 9032 |
offender a fine of not less than one hundred fifty nor more than | 9033 |
one thousand dollars. | 9034 |
In addition to any other sentence that it imposes upon the | 9035 |
offender, the court may require the offender to attend a drivers' | 9036 |
intervention program that is certified pursuant to section 3793.10 | 9037 |
of the Revised Code. | 9038 |
(4) Upon a showing that serving a jail term would seriously | 9039 |
affect the ability of an offender sentenced pursuant to division | 9040 |
(G)(1), (2), or (3) of this section to continue the offender's | 9041 |
employment, the court may authorize that the offender be granted | 9042 |
work release after the offender has served the mandatory jail term | 9043 |
of three, ten, or thirty consecutive days that the court is | 9044 |
required by division (G)(1), (2), or (3) of this section to | 9045 |
impose. No court shall authorize work release during the mandatory | 9046 |
jail term of three, ten, or thirty consecutive days that the court | 9047 |
is required by division (G)(1), (2), or (3) of this section to | 9048 |
impose. The duration of the work release shall not exceed the time | 9049 |
necessary each day for the offender to commute to and from the | 9050 |
place of employment and the place in which the jail term is served | 9051 |
and the time actually spent under employment. | 9052 |
(5) Notwithstanding any section of the Revised Code that | 9053 |
authorizes the suspension of the imposition or execution of a | 9054 |
sentence or the placement of an offender in any treatment program | 9055 |
in lieu of being imprisoned or serving a jail term, no court shall | 9056 |
suspend the mandatory jail term of ten or thirty consecutive days | 9057 |
required to be imposed by division (G)(2) or (3) of this section | 9058 |
or place an offender who is sentenced pursuant to division (G)(2) | 9059 |
or (3) of this section in any treatment program in lieu of being | 9060 |
imprisoned or serving a jail term until after the offender has | 9061 |
served the mandatory jail term of ten or thirty consecutive days | 9062 |
required to be imposed pursuant to division (G)(2) or (3) of this | 9063 |
section. Notwithstanding any section of the Revised Code that | 9064 |
authorizes the suspension of the imposition or execution of a | 9065 |
sentence or the placement of an offender in any treatment program | 9066 |
in lieu of being imprisoned or serving a jail term, no court, | 9067 |
except as specifically authorized by division (G)(1) of this | 9068 |
section, shall suspend the mandatory jail term of three | 9069 |
consecutive days required to be imposed by division (G)(1) of this | 9070 |
section or place an offender who is sentenced pursuant to division | 9071 |
(G)(1) of this section in any treatment program in lieu of | 9072 |
imprisonment until after the offender has served the mandatory | 9073 |
jail term of three consecutive days required to be imposed | 9074 |
pursuant to division (G)(1) of this section. | 9075 |
(6) As used in division (G) of this section, "jail term" and | 9076 |
"mandatory jail term" have the same meanings as in section 2929.01 | 9077 |
of the Revised Code. | 9078 |
(H) Whoever violates section 1547.304 of the Revised Code is | 9079 |
guilty of a misdemeanor of the fourth degree and also shall be | 9080 |
assessed any costs incurred by the state or a county, township, | 9081 |
municipal corporation, or other political subdivision in disposing | 9082 |
of an abandoned junk vessel or outboard motor, less any money | 9083 |
accruing to the state, county, township, municipal corporation, or | 9084 |
other political subdivision from that disposal. | 9085 |
(I) Whoever violates division (B) or (C) of section 1547.49 | 9086 |
of the Revised Code is guilty of a minor misdemeanor. | 9087 |
(J) Whoever violates section 1547.31 of the Revised Code is | 9088 |
guilty of a misdemeanor of the fourth degree on a first offense. | 9089 |
On each subsequent offense, the person is guilty of a misdemeanor | 9090 |
of the third degree. | 9091 |
(K) Whoever violates section 1547.05 or 1547.051 of the | 9092 |
Revised Code is guilty of a misdemeanor of the fourth degree if | 9093 |
the violation is not related to a collision, injury to a person, | 9094 |
or damage to property and a misdemeanor of the third degree if the | 9095 |
violation is related to a collision, injury to a person, or damage | 9096 |
to property. | 9097 |
(L) The sentencing court, in addition to the penalty provided | 9098 |
under this section for a violation of this chapter or a rule | 9099 |
adopted under it that involves a powercraft powered by more than | 9100 |
ten horsepower and that, in the opinion of the court, involves a | 9101 |
threat to the safety of persons or property, shall order the | 9102 |
offender to complete successfully a boating course approved by the | 9103 |
national association of state boating law administrators before | 9104 |
the offender is allowed to operate a powercraft powered by more | 9105 |
than ten horsepower on the waters in this state. Violation of a | 9106 |
court order entered under this division is punishable as contempt | 9107 |
under Chapter 2705. of the Revised Code. | 9108 |
Sec. 1548.02. The chief of the division of watercraft shall | 9109 |
adopt such rules as the chief considers necessary to ensure | 9110 |
uniform and orderly operation of this chapter, and the clerks of | 9111 |
the courts of common pleas shall conform to those rules. The chief | 9112 |
shall receive and file in the chief's office all information | 9113 |
forwarded to the chief by the clerks under this chapter and shall | 9114 |
maintain indexes covering the state at large for that information. | 9115 |
These indexes shall be for the state at large and not for | 9116 |
individual counties. | 9117 |
The chief shall check with the chief's record all duplicate | 9118 |
certificates of title received in the chief's office from the | 9119 |
clerks. | 9120 |
If it appears that any certificate of title has been | 9121 |
improperly issued or is no longer required, the chief shall cancel | 9122 |
the certificate. Upon the cancellation of any certificate of | 9123 |
title, the chief shall notify the clerk who issued it, and the | 9124 |
clerk shall enter the cancellation in the clerk's records. The | 9125 |
chief also shall notify the person to whom the certificate of | 9126 |
title was issued, as well as any lienholders appearing on it, of | 9127 |
the cancellation and, if it is a physical certificate of title, | 9128 |
shall demand the surrender of the certificate of title, but the | 9129 |
cancellation shall not affect the validity of any lien noted on | 9130 |
it. The holder of a physical certificate of title shall return it | 9131 |
to the chief immediately. | 9132 |
The clerks shall keep on hand a sufficient supply of blank | 9133 |
forms that, except certificate of title and memorandum certificate | 9134 |
forms, shall be furnished and distributed without charge to | 9135 |
registered manufacturers or dealers or to other persons residing | 9136 |
within the county. The clerks shall provide the certificates of | 9137 |
title, the ribbons for data processing, and removable backup media | 9138 |
from moneys provided to the clerks from the automated title | 9139 |
processing fund in accordance with division (B)(3)(b) of section | 9140 |
4505.09 of the Revised Code. The clerks shall furnish all other | 9141 |
supplies from other moneys available to the clerks. | 9142 |
Sec. 1548.031. (A) No minor under eighteen years of age | 9143 |
shall sell or otherwise dispose of a watercraft or outboard motor | 9144 |
or purchase or otherwise acquire a watercraft or outboard motor | 9145 |
unless the application for a certificate of title is accompanied | 9146 |
by a form prescribed by the chief of the division of watercraft | 9147 |
and signed in the presence of a clerk or deputy clerk of a court | 9148 |
of common pleas or any notary public by one of the minor's | 9149 |
parents, the minor's guardian, or another person having custody of | 9150 |
the minor authorizing the sale, disposition, purchase, or | 9151 |
acquisition of the watercraft or outboard motor. At the time the | 9152 |
adult signs the form, the adult shall provide identification | 9153 |
establishing that the adult is the individual whose signature | 9154 |
appears on the form. | 9155 |
(B) No right, title, or claim to or interest in a watercraft | 9156 |
or outboard motor shall be acquired by or from a minor unless the | 9157 |
application for a certificate of title is accompanied by the form | 9158 |
required by this section. | 9159 |
(C) No clerk of a court of common pleas shall be held liable | 9160 |
in any civil action that arises under the law of this state for | 9161 |
injury or loss to persons or property caused when a person has | 9162 |
obtained a certificate of title in violation of this section | 9163 |
unless the clerk failed to use reasonable diligence in | 9164 |
ascertaining the age of the minor or the identity of the adult who | 9165 |
signed the form authorizing the sale, disposition, purchase, or | 9166 |
acquisition of the watercraft or outboard motor by the minor. | 9167 |
Sec. 1548.032. (A)(1) If a person who is not an electronic | 9168 |
watercraft dealer owns a watercraft for which a physical | 9169 |
certificate of title has not been issued by a clerk of a court of | 9170 |
common pleas and the person sells the watercraft to a watercraft | 9171 |
dealer registered under section 1547.543 of the Revised Code, the | 9172 |
person is not required to obtain a physical certificate of title | 9173 |
to the watercraft in order to transfer ownership to the dealer. | 9174 |
The person shall present the dealer, in a manner approved by the | 9175 |
chief of the division of watercraft, with sufficient proof of the | 9176 |
person's identity and complete and sign a form prescribed by the | 9177 |
chief attesting to the person's identity and assigning the | 9178 |
watercraft to the dealer. Except as otherwise provided in this | 9179 |
section, the watercraft dealer shall present the assignment form | 9180 |
to any clerk of a court of common pleas together with an | 9181 |
application for a certificate of title and payment of the fees | 9182 |
prescribed by section 1548.10 of the Revised Code. | 9183 |
In a case in which an electronic certificate of title has | 9184 |
been issued and either the buyer or seller of the watercraft is an | 9185 |
electronic watercraft dealer, the electronic watercraft dealer | 9186 |
instead may inform a clerk of a court of common pleas via | 9187 |
electronic means of the sale of the watercraft and assignment of | 9188 |
ownership of the watercraft. The clerk shall enter the information | 9189 |
relating to the assignment into the automated title processing | 9190 |
system, and ownership of the watercraft passes to the applicant | 9191 |
when the clerk enters this information into the system. The dealer | 9192 |
is not required to obtain a physical certificate of title to the | 9193 |
watercraft in the dealer's name. | 9194 |
(2) A clerk shall charge and collect from a dealer a fee of | 9195 |
five dollars for each watercraft assignment sent by the dealer to | 9196 |
the clerk under division (A)(1) of this section. The fee shall be | 9197 |
distributed in accordance with section 1548.10 of the Revised | 9198 |
Code. | 9199 |
(B) If a person who is not an electronic watercraft dealer | 9200 |
owns a watercraft for which a physical certificate of title has | 9201 |
not been issued by a clerk of a court of common pleas and the | 9202 |
person sells the watercraft to a person who is not a watercraft | 9203 |
dealer registered under section 1547.543 of the Revised Code, the | 9204 |
person shall obtain a physical certificate of title to the | 9205 |
watercraft in order to transfer ownership of the watercraft to | 9206 |
that person. | 9207 |
Sec. 1561.011. Nothing in this chapter applies to activities | 9208 |
that are permitted and regulated under Chapter 1514. of the | 9209 |
Revised Code. | 9210 |
Sec. 1563.01. Except for section 1563.11 of the Revised Code, | 9211 |
nothing in this chapter applies to activities that are permitted | 9212 |
and regulated under Chapter 1514. of the Revised Code. | 9213 |
Sec. 1565.01. Nothing in this chapter applies to activities | 9214 |
that are permitted and regulated under Chapter 1514. of the | 9215 |
Revised Code. | 9216 |
Sec. 1567.01. Nothing in this chapter applies to activities | 9217 |
that are permitted and regulated under Chapter 1514. of the | 9218 |
Revised Code. | 9219 |
Sec. 1567.35. No gasoline, naphtha, kerosene, fuel oil, or | 9220 |
gas engine shall be used in a mine, except for operating pumping | 9221 |
machinery where electric, compressed air, or steam power is not | 9222 |
available or cannot be transmitted to the pump, in which case the | 9223 |
owner, lessee, or agent shall observe the following: | 9224 |
(A) Notice shall be given to the chief of the division of | 9225 |
mineral resources
management | 9226 |
installation and operation shall be subject to the chief's | 9227 |
approval. | 9228 |
(B) No wood or inflammable material shall be permitted within | 9229 |
twenty-five feet of the engine. | 9230 |
(C) The supply tank from which the gasoline, naphtha, | 9231 |
kerosene, or fuel oil
is fed to the engine | 9232 |
with a suitable screw cap opening, fitted with a gasket, so as to | 9233 |
make the tank airtight and prevent the escape of gas into the | 9234 |
atmosphere, and the tank kept free from leaks. | 9235 |
(D) The gasoline, naphtha, kerosene, or fuel oil shall be fed | 9236 |
from a tank to the carburetor or mixer by metal tubes securely | 9237 |
connected so as to reduce the possibility of leaks to a minimum. | 9238 |
(E) The exhaust from the engine shall be conducted by means | 9239 |
of metal pipes into the return air current, so that the combustion | 9240 |
fumes will not enter the
workings of the mine where the
| 9241 |
workers are required to work, or be conducted in an upcast shaft | 9242 |
or slope not used as a means of ingress or egress or through metal | 9243 |
pipes to the surface. | 9244 |
(F) At no time shall more than five gallons of such gasoline, | 9245 |
naphtha, kerosene, or fuel oil be taken into the mine, including | 9246 |
that in the supply tank. | 9247 |
(G) No gasoline, naphtha, kerosene, or fuel oil shall be | 9248 |
taken into the mine except in metallic cans, with a screw cap | 9249 |
opening at the top, fitted with a suitable gasket. | 9250 |
(H) No package, can, or supply tank of an engine, containing | 9251 |
gasoline, naphtha, kerosene, or fuel oil, shall be opened until | 9252 |
ready to make the transfer from the package or can to the supply | 9253 |
tank, and in transferring, a funnel shall be used so as to avoid | 9254 |
spilling the gasoline, naphtha, kerosene, or fuel oil, and the cap | 9255 |
on the supply tank shall be immediately closed. | 9256 |
(I) In no case shall the package, can, or supply tank be | 9257 |
opened when an open light or other thing containing fire is within | 9258 |
twenty-five feet of the same, provided that subject to the | 9259 |
approval of the chief, the restrictions in the use of fuel oil in | 9260 |
a mine shall not apply to mobile or portable machinery, if
| 9261 |
the mobile or portable machinery is used in a clay, limestone, | 9262 |
shale, or any other mine not a coal mine. | 9263 |
Nothing in this section shall be construed to prohibit or | 9264 |
impede the use of diesel equipment in an underground coal mine, | 9265 |
provided that the chief approves the use of the equipment in | 9266 |
underground mines and the equipment satisfies requirements | 9267 |
established in rules adopted by the chief under section 1513.02 of | 9268 |
the Revised Code governing the use of diesel equipment in | 9269 |
underground mines. | 9270 |
No owner, lessee, agent, or operator of a mine shall violate | 9271 |
this section. | 9272 |
Sec. 1571.011. Nothing in this chapter applies to activities | 9273 |
that are permitted and regulated under Chapter 1514. of the | 9274 |
Revised Code. | 9275 |
Sec. 2305.041. With respect to a lease or license by which a | 9276 |
right is granted to operate or to sink or drill wells on land in | 9277 |
this state for natural gas or petroleum and that is recorded in | 9278 |
accordance with section 5301.09 of the Revised Code, an action | 9279 |
alleging breach of any express or implied provision of the lease | 9280 |
or license concerning the calculation or payment of royalties | 9281 |
shall be brought within the time period that is specified in | 9282 |
section 1302.98 of the Revised Code. An action alleging a breach | 9283 |
with respect to any other issue that the lease or license involves | 9284 |
shall be brought within the time period specified in section | 9285 |
2305.06 of the Revised Code. | 9286 |
Sec. 3734.13. (A) The director of environmental protection | 9287 |
may issue, modify, suspend, or revoke enforcement orders in | 9288 |
accordance with Chapter 3745. of the Revised Code to a holder of a | 9289 |
registration certificate, permit, or license issued by the | 9290 |
director or a board of health under this chapter, or to another | 9291 |
person, directing the holder or person to abate a violation, or to | 9292 |
prevent any threatened violation, of any section of this chapter | 9293 |
other than sections 3734.90 to 3734.9013 of the Revised Code, a | 9294 |
rule adopted thereunder, or a term or condition of a permit, | 9295 |
license, or variance issued thereunder within a specified, | 9296 |
reasonable time. | 9297 |
(B) Notwithstanding division (C) of section 3734.85 of the | 9298 |
Revised Code, if the director determines that an emergency exists | 9299 |
requiring immediate action to protect the public health or safety | 9300 |
or the environment, | 9301 |
notice or hearing, reciting the existence of the emergency and | 9302 |
requiring that such action be taken as necessary to meet the | 9303 |
emergency. The order shall take effect immediately. Any person to | 9304 |
whom the order is directed shall comply immediately, but on | 9305 |
application to the director shall be afforded a hearing as soon as | 9306 |
possible and not later than thirty days after application. On the | 9307 |
basis of the hearing, the director shall continue the order in | 9308 |
effect, revoke it, or modify it. No emergency order shall remain | 9309 |
in effect for more than one hundred twenty days after its | 9310 |
issuance. | 9311 |
(C) If the director determines that any person is violating | 9312 |
or has violated this chapter, a rule adopted thereunder, or a term | 9313 |
or condition of a permit, license, variance, or order issued | 9314 |
thereunder, the director may request in writing that the attorney | 9315 |
general bring a civil action for appropriate relief, including a | 9316 |
temporary restraining order, preliminary or permanent injunction, | 9317 |
and civil penalties in any court of competent jurisdiction. Such | 9318 |
an action shall have precedence over all other cases. Except as | 9319 |
otherwise provided in this division with regard to a violation of | 9320 |
the provisions of this chapter governing scrap tires, a rule | 9321 |
adopted under those provisions, a term or condition of a permit or | 9322 |
license issued under them, or a term or condition of an order | 9323 |
issued pertaining to scrap tires, the court may impose upon the | 9324 |
person a civil penalty of not more than ten thousand dollars for | 9325 |
each day of each violation of this chapter other than a violation | 9326 |
of section
3734.60 of the Revised Code | 9327 |
3734.90 to 3734.9013 of the Revised Code or a rule adopted under | 9328 |
those sections, a rule adopted thereunder other than a rule | 9329 |
adopted under division (B) of section 3734.122 of the Revised | 9330 |
Code, or a term or condition of a permit, license, variance, or | 9331 |
order issued thereunder, or a violation of sections 3734.62 to | 9332 |
3734.65 of the Revised Code. The court may impose upon a person | 9333 |
who violates a rule adopted under division (B) of section 3734.122 | 9334 |
of the Revised Code a civil penalty of not more than twenty-five | 9335 |
thousand dollars for each day of each violation of the rule. The | 9336 |
court may impose upon a person who violates section 3734.60 of the | 9337 |
Revised Code a civil penalty of not more than two hundred fifty | 9338 |
dollars for each day of violation of that section. The court may | 9339 |
impose upon a person who violates any of the provisions of this | 9340 |
chapter governing scrap tires, a rule adopted under those | 9341 |
provisions, a term or condition of a permit or license issued | 9342 |
under them, or a term or condition of an order issued pertaining | 9343 |
to scrap tires a civil penalty of not more than five thousand | 9344 |
dollars for each day of each violation, except that if the | 9345 |
violation is of a provision, rule, or term or condition that | 9346 |
relates to the open burning or open dumping of scrap tires, or if | 9347 |
the violation is of an emergency order of the director issued | 9348 |
under division (B) of section 3734.13 of the Revised Code that | 9349 |
pertains to scrap tires, the court may impose a civil penalty of | 9350 |
not more than ten thousand dollars for each day of each violation. | 9351 |
The court may impose upon a person who violates section 3734.62 of | 9352 |
the Revised Code a civil penalty of not more than one hundred | 9353 |
dollars for each violation of that section. The court may impose | 9354 |
upon a person who violates section 3734.63, 3734.64, or 3734.65 of | 9355 |
the Revised Code a civil penalty of not more than five thousand | 9356 |
dollars for each day of each violation of the applicable section, | 9357 |
but the total amount of a civil penalty imposed upon a person for | 9358 |
a violation of the applicable section shall not exceed twenty-five | 9359 |
thousand dollars. | 9360 |
Any action under this section is a civil action, governed by | 9361 |
the Rules of Civil Procedure. | 9362 |
(D) No person shall violate any term or condition of any | 9363 |
order issued under this section. | 9364 |
(E) Except as otherwise provided in this division, moneys | 9365 |
resulting from civil penalties imposed under division (C) of this | 9366 |
section shall be paid into the hazardous waste clean-up fund | 9367 |
created in section 3734.28 of the Revised Code. Moneys resulting | 9368 |
from civil penalties imposed under division (C) of this section | 9369 |
for violations of any of the provisions of this chapter governing | 9370 |
scrap tires, rules adopted under those provisions, terms or | 9371 |
conditions of permits or licenses issued under them, or terms or | 9372 |
conditions of orders issued pertaining to scrap tires shall be | 9373 |
credited to the scrap tire management fund created in section | 9374 |
3734.82 of the Revised Code. | 9375 |
Sec. 3734.61. As used in sections 3734.61 to 3734.65 of the | 9376 |
Revised Code: | 9377 |
(A) "Manufacturer" means any person that produces a | 9378 |
mercury-containing thermometer or serves as an importer or | 9379 |
domestic distributor of a mercury-containing thermometer that is | 9380 |
produced outside the United States. In the case of a | 9381 |
multicomponent mercury-containing thermometer, "manufacturer" | 9382 |
means the last manufacturer to produce or assemble the thermometer | 9383 |
unless the multicomponent mercury-containing thermometer is | 9384 |
produced outside the United States, in which case "manufacturer" | 9385 |
means the importer or domestic distributor. | 9386 |
(B) "Mercury" means elemental mercury and mercury compounds. | 9387 |
(C) "Mercury-added measuring device" means an instrument | 9388 |
containing mercury that is designed to measure an amount or | 9389 |
quantity of humidity, pressure, temperature, or vacuum or the | 9390 |
force of wind, including, but not limited to, anemometers, | 9391 |
barometers, flow meters, hydrometers, hygrometers, manometers, | 9392 |
sphygmomanometers, and thermometers. | 9393 |
(D) "Mercury-added novelty" means a product in which mercury | 9394 |
is present and that is intended mainly for personal or household | 9395 |
enjoyment or adornment, including, but not limited to, products | 9396 |
intended for use as practical jokes, figurines, adornments, toys, | 9397 |
games, cards, ornaments, yard statues and figures, candles, | 9398 |
jewelry, holiday decorations, footwear, other items of apparel, or | 9399 |
similar products. "Mercury-added novelty" does not include a | 9400 |
product that solely includes a fluorescent light bulb. | 9401 |
Sec. 3734.62. On and after the effective date of this | 9402 |
section, no school district or educational service center | 9403 |
established under Chapter 3311. of the Revised Code, community | 9404 |
school established under Chapter 3314. of the Revised Code, or | 9405 |
nonpublic school for which the state board of education prescribes | 9406 |
standards under section 3301.07 of the Revised Code and no | 9407 |
employee of such a school district, educational service center, | 9408 |
community school, or nonpublic school shall purchase mercury or a | 9409 |
mercury-added measuring device for classroom use. | 9410 |
If a school district, educational service center, community | 9411 |
school, or nonpublic school or an employee of a school district, | 9412 |
educational service center, community school, or nonpublic school | 9413 |
purchases mercury or a mercury-added measuring device for | 9414 |
classroom use on or after the effective date of this section in | 9415 |
violation of this section, but properly recycles or disposes of | 9416 |
the mercury or mercury-added measuring device upon learning of or | 9417 |
being informed of the violation and creates and implements a | 9418 |
mercury reduction plan, the director of environmental protection | 9419 |
shall consider the recycling or disposal of the mercury or | 9420 |
mercury-added measuring device and the implementation of and | 9421 |
compliance with the mercury reduction plan as mitigating | 9422 |
circumstances for purposes of enforcement of a violation of this | 9423 |
section. | 9424 |
Sec. 3734.63. (A)(1) Beginning six months after the effective | 9425 |
date of this section, and except as otherwise provided in division | 9426 |
(A)(2) of this section, no manufacturer shall offer a | 9427 |
mercury-containing thermometer for sale or distribute a | 9428 |
mercury-containing thermometer for promotional purposes in this | 9429 |
state unless the sale or distribution of a mercury-containing | 9430 |
thermometer is required in order to comply with federal law, a | 9431 |
person demonstrates to the director that a mercury-containing | 9432 |
thermometer is the only temperature measuring device that is | 9433 |
feasible for a research, quality control, or manufacturing | 9434 |
application, or the only component of the thermometer that | 9435 |
contains mercury is a button cell battery. | 9436 |
(2) Division (A)(1) of this section does not apply to the | 9437 |
sale of a mercury-containing thermometer to a person who purchases | 9438 |
a mercury-containing thermometer pursuant to a valid prescription. | 9439 |
(B) Beginning six months after the effective date of this | 9440 |
section, a manufacturer of a mercury-containing thermometer that | 9441 |
lawfully offers for sale or distributes such a thermometer in this | 9442 |
state shall do both of the following: | 9443 |
(1) Provide notice in a conspicuous manner on the packaging | 9444 |
of the thermometer that the thermometer contains mercury; | 9445 |
(2) Provide clear instructions with the thermometer regarding | 9446 |
careful handling of the thermometer to avoid breakage, proper | 9447 |
cleanup of mercury if the thermometer breaks, and proper | 9448 |
management and disposal of the thermometer. | 9449 |
Sec. 3734.64. Beginning six months after the effective date | 9450 |
of this section, no person shall offer a mercury-added novelty for | 9451 |
sale or distribute such a novelty for promotional purposes in this | 9452 |
state unless the only mercury in the mercury-added novelty is a | 9453 |
removable button cell battery. Beginning January 1, 2011, no | 9454 |
person shall offer any mercury-added novelty for sale or | 9455 |
distribute any mercury-added novelty for promotional purposes in | 9456 |
this state. | 9457 |
Sec. 3734.65. Beginning one year after the effective date of | 9458 |
this section, no person shall offer a mercury-containing | 9459 |
thermostat for sale in this state or install a mercury-containing | 9460 |
thermostat in this state unless the mercury-containing thermostat | 9461 |
is installed in the residence of a visually impaired person or the | 9462 |
thermostat is used to sense and control temperatures as a part of | 9463 |
a manufacturing process. | 9464 |
Sec. 3745.01. There is hereby created the environmental | 9465 |
protection agency, headed by the director of environmental | 9466 |
protection. The agency, under the supervision of the director, | 9467 |
shall administer the laws pertaining to chemical emergency | 9468 |
planning, community right-to-know, and toxic chemical release | 9469 |
reporting; the cessation of chemical handling operations; the | 9470 |
prevention, control, and abatement of air and water pollution; | 9471 |
public water supply; comprehensive water resource management | 9472 |
planning; products that contain mercury as defined in section | 9473 |
3734.61 of the Revised Code; and the disposal and treatment of | 9474 |
solid wastes, infectious wastes, construction and demolition | 9475 |
debris, hazardous waste, sewage, industrial waste, and other | 9476 |
wastes. The director may do all of the following: | 9477 |
(A) Provide such methods of administration, appoint such | 9478 |
personnel, make such reports, and take such other action as may be | 9479 |
necessary to comply with the requirements of the federal laws and | 9480 |
regulations pertaining to chemical emergency planning, community | 9481 |
right-to-know, and toxic chemical release reporting; air and water | 9482 |
pollution control; public water supply; water resource planning; | 9483 |
and waste disposal and treatment; | 9484 |
(B) Procure by contract the temporary or intermittent | 9485 |
services of experts or consultants, or organizations thereof, when | 9486 |
those services are to be performed on a part-time or | 9487 |
fee-for-service basis and do not involve the performance of | 9488 |
administrative duties; | 9489 |
(C) Advise, consult, cooperate, and enter into contracts or | 9490 |
agreements with any other agencies of the state, the federal | 9491 |
government, other states, and interstate agencies and with | 9492 |
affected groups, political subdivisions, and industries in | 9493 |
furtherance of the purposes of this chapter and Chapters 3704., | 9494 |
3714., 3734., 3751., 3752., 6109., and 6111. of the Revised Code; | 9495 |
(D) Establish advisory boards in accordance with section | 9496 |
121.13 of the Revised Code; | 9497 |
(E) Accept on behalf of the state any grant, gift, or | 9498 |
contribution made for toxic chemical release reporting, air or | 9499 |
water pollution control, public water supply, water resource | 9500 |
planning, waste disposal or treatment, or related purposes, and | 9501 |
expend it for those purposes; | 9502 |
(F) Make an annual report to the governor and the general | 9503 |
assembly on activities and expenditures as well as recommendations | 9504 |
for such additional legislation as the director considers | 9505 |
appropriate to carry out the director's duties or accomplish the | 9506 |
purposes of this section; | 9507 |
(G) Enter into environmental covenants in accordance with | 9508 |
sections 5301.80 to 5301.92 of the Revised Code, and grant or | 9509 |
accept easements or sell real property pursuant to section | 9510 |
3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code, as | 9511 |
applicable. | 9512 |
The agency shall utilize the laboratory facilities of the | 9513 |
department of health and other state institutions and agencies to | 9514 |
the maximum extent that the utilization is practicable, | 9515 |
economical, and technically satisfactory. | 9516 |
The director shall maintain and keep available for public | 9517 |
inspection, at the director's principal office, a current register | 9518 |
of all applications filed for permits, leases, licenses, | 9519 |
variances, certificates, and approval of plans and specifications | 9520 |
and of publicly owned treatment works pretreatment programs under | 9521 |
the director's jurisdiction, hearings pending, the director's | 9522 |
final action thereon, and the dates on which the filings, | 9523 |
hearings, and final actions occur. The director shall maintain and | 9524 |
keep available for public inspection at the director's principal | 9525 |
office all plans, reports, and other documents required to be | 9526 |
filed with the emergency response commission under Chapter 3750. | 9527 |
of the Revised Code and rules adopted under it, and all reports | 9528 |
and other documents required to be filed with the director under | 9529 |
Chapter 3751. of the Revised Code and rules adopted under it, | 9530 |
subject to the requirements of those chapters and rules adopted | 9531 |
under them for the protection of trade secrets and confidential | 9532 |
business information from disclosure to persons not authorized | 9533 |
under those laws to receive trade secret or confidential business | 9534 |
information. | 9535 |
Sec. 3745.08. (A) An officer of an agency of the state or of | 9536 |
a political subdivision, acting in | 9537 |
representative capacity, or any person who is or will be aggrieved | 9538 |
or adversely affected by a violation that has occurred, is | 9539 |
occurring, or will occur may file a complaint, in writing and | 9540 |
verified by the
affidavit of the complainant, | 9541 |
complainant's agent, or attorney, with the director of | 9542 |
environmental protection, in accordance with the rules of the | 9543 |
director adopted pursuant to Chapter 119. of the Revised Code, | 9544 |
alleging that another person has violated, is violating, or will | 9545 |
violate any law, rule, standard, or order relating to air | 9546 |
pollution, water pollution, solid waste, infectious wastes, | 9547 |
construction and demolition debris, public water supply, hazardous | 9548 |
waste, products that contain mercury, or cessation of chemical | 9549 |
handling operations, or, if the person is in possession of a valid | 9550 |
license, permit, variance, or plan approval relating to air | 9551 |
pollution, water pollution, solid waste, infectious wastes, | 9552 |
construction and demolition debris, public water supply, or | 9553 |
hazardous waste, that the person has violated, is violating, or | 9554 |
will violate the conditions of the license, permit, variance, or | 9555 |
plan approval. The affidavit verifying a complaint authorized by | 9556 |
this section may be made before any person authorized by law to | 9557 |
administer oaths and shall be signed by the person who makes it. | 9558 |
The person before whom it was taken shall certify that it was | 9559 |
sworn to before | 9560 |
presence, and | 9561 |
9562 | |
that the name of the person making the affidavit was written by | 9563 |
9564 | |
affidavit was that person. | 9565 |
(B) Upon receipt of a complaint authorized by this section, | 9566 |
the director shall cause a prompt investigation to be conducted | 9567 |
such as is reasonably necessary to determine whether a violation, | 9568 |
as alleged, has occurred, is occurring, or will occur. The | 9569 |
investigation shall include a discussion of the complaint with the | 9570 |
alleged violator. If, upon completion of the investigation, the | 9571 |
director determines that a violation, as alleged, has occurred, is | 9572 |
occurring, or will occur, | 9573 |
may be necessary, request the attorney general to commence | 9574 |
appropriate legal proceedings, or, where | 9575 |
determines that prior violations have been terminated and that | 9576 |
future
violations of the same kind are unlikely to occur, | 9577 |
director may dismiss the complaint. If the director does not | 9578 |
determine that a violation, as alleged, has occurred, is | 9579 |
occurring, or will occur,
| 9580 |
complaint. Before taking any action under this division, the | 9581 |
director may commence a hearing. Twenty days prior to any hearing, | 9582 |
the director shall cause publication of notice of the hearing in a | 9583 |
newspaper with general circulation in the county wherein the | 9584 |
alleged violation has occurred, is occurring, or will occur, and | 9585 |
also shall mail written notice by certified mail, return receipt | 9586 |
requested, to the person who filed the complaint and to the | 9587 |
alleged violator. If the director enters an order pursuant to this | 9588 |
division without having
commenced a hearing, the director or | 9589 |
the director's delegate, prior to entry of the order, shall | 9590 |
provide an opportunity to the complainant and the alleged violator | 9591 |
to attend a conference with the director or
| 9592 |
delegate concerning the alleged violation. | 9593 |
(C) Any hearing commenced under this section shall be | 9594 |
conducted before the director or a hearing examiner designated by | 9595 |
the director. The agency and the alleged violator shall be | 9596 |
parties. The person who filed the verified complaint may | 9597 |
participate as a party by filing with the director, at any time | 9598 |
prior to the hearing, a written notice of | 9599 |
intent to so participate. Any other person may be permitted to | 9600 |
intervene upon the granting by the director or hearing examiner of | 9601 |
a motion to intervene filed in accordance with the rules of the | 9602 |
director adopted pursuant to Chapter 119. of the Revised Code. | 9603 |
(D) A complaint filed under this section may be consolidated | 9604 |
with any other complaint filed under this section, or any finding | 9605 |
of the director, where the director determines that consolidation | 9606 |
will facilitate enforcement of any law that the agency is charged | 9607 |
with administering under section 3745.01 of the Revised Code and | 9608 |
there are one or more issues of fact or law in common. Not more | 9609 |
than one hearing under this section shall be conducted with | 9610 |
respect to each violation alleged. | 9611 |
Sec. 4115.04. (A)(1) Every public authority authorized to | 9612 |
contract for or construct with its own forces a public | 9613 |
improvement, before advertising for bids or undertaking such | 9614 |
construction with its own forces, shall have the director of | 9615 |
commerce determine the prevailing rates of wages of mechanics and | 9616 |
laborers in accordance with section 4115.05 of the Revised Code | 9617 |
for the class of work called for by the public improvement, in the | 9618 |
locality where the work is to be performed.
| 9619 |
provided in division (A)(2) of this section, that schedule of | 9620 |
wages shall be attached to and made part of the specifications for | 9621 |
the work, and shall be printed on the bidding blanks where the | 9622 |
work is done by contract. A copy of the bidding blank shall be | 9623 |
filed with
the director before | 9624 |
minimum rate of wages for common laborers, on work coming under | 9625 |
the jurisdiction of the department of transportation, shall be | 9626 |
fixed in each county
of
the state by | 9627 |
transportation, in accordance with section 4115.05 of the Revised | 9628 |
Code. | 9629 |
(2) In the case of contracts that are administered by the | 9630 |
department of natural resources, the director of natural resources | 9631 |
or the director's designee shall include language in the contracts | 9632 |
requiring wage rate determinations and updates to be obtained | 9633 |
directly from the department of commerce through electronic or | 9634 |
other means as appropriate. Contracts that include this | 9635 |
requirement are exempt from the requirements established in | 9636 |
division (A)(1) of this section that involve attaching the | 9637 |
schedule of wages to the specifications for the work, making the | 9638 |
schedule part of those specifications, and printing the schedule | 9639 |
on the bidding blanks where the work is done by contract. | 9640 |
(B) Sections 4115.03 to 4115.16 of the Revised Code do not | 9641 |
apply to: | 9642 |
(1) Public improvements in any case where the federal | 9643 |
government or any of its agencies furnishes by loan or grant all | 9644 |
or any part of the funds used in constructing such improvements, | 9645 |
provided that the federal government or any of its agencies | 9646 |
prescribes predetermined minimum wages to be paid to mechanics and | 9647 |
laborers employed in the construction of such improvements; | 9648 |
(2) A participant in a work activity, developmental activity, | 9649 |
or an alternative work activity under sections 5107.40 to 5107.69 | 9650 |
of the Revised Code when a public authority directly uses the | 9651 |
labor of the participant to construct a public improvement if the | 9652 |
participant is not engaged in paid employment or subsidized | 9653 |
employment pursuant to the activity; | 9654 |
(3) Public improvements undertaken by, or under contract for, | 9655 |
the board of education of any school district or the governing | 9656 |
board of any educational service center; | 9657 |
(4) Public improvements undertaken by, or under contract for, | 9658 |
a county hospital operated pursuant to Chapter 339. of the Revised | 9659 |
Code or a municipal hospital operated pursuant to Chapter 749. of | 9660 |
the Revised Code if none of the funds used in constructing the | 9661 |
improvements
are the proceeds of bonds or other obligations
| 9662 |
that are secured by the full faith and credit of the state, a | 9663 |
county, a township, or a municipal corporation and none of the | 9664 |
funds used in constructing the improvements, including funds used | 9665 |
to repay any amounts borrowed to construct the improvements, are | 9666 |
funds that have been appropriated for that purpose by the state, a | 9667 |
board of county commissioners, a township, or a municipal | 9668 |
corporation
from funds generated by
the levy of a tax | 9669 |
9670 | |
apply sections 4115.03 to 4115.16 of the Revised Code to a public | 9671 |
improvement undertaken by, or under contract for, the hospital. | 9672 |
Sec. 4501.01. As used in this chapter and Chapters 4503., | 9673 |
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the | 9674 |
Revised Code, and in the penal laws, except as otherwise provided: | 9675 |
(A) "Vehicles" means everything on wheels or runners, | 9676 |
including motorized bicycles, but does not mean electric personal | 9677 |
assistive mobility devices, vehicles that are operated exclusively | 9678 |
on rails or tracks or from overhead electric trolley wires, and | 9679 |
vehicles that belong to any police department, municipal fire | 9680 |
department, or volunteer fire department, or that are used by such | 9681 |
a department in the discharge of its functions. | 9682 |
(B) "Motor vehicle" means any vehicle, including mobile homes | 9683 |
and recreational vehicles, that is propelled or drawn by power | 9684 |
other than muscular power or power collected from overhead | 9685 |
electric trolley wires. "Motor vehicle" does not include utility | 9686 |
vehicles as defined in division (VV) of this section, motorized | 9687 |
bicycles, road rollers, traction engines, power shovels, power | 9688 |
cranes, and other equipment used in construction work and not | 9689 |
designed for or employed in general highway transportation, | 9690 |
well-drilling machinery, ditch-digging machinery, farm machinery, | 9691 |
trailers that are used to transport agricultural produce or | 9692 |
agricultural production materials between a local place of storage | 9693 |
or supply and the farm when drawn or towed on a public road or | 9694 |
highway at a speed of twenty-five miles per hour or less, | 9695 |
threshing machinery, hay-baling machinery, corn sheller, | 9696 |
hammermill and agricultural tractors, machinery used in the | 9697 |
production of horticultural, agricultural, and vegetable products, | 9698 |
and trailers that are designed and used exclusively to transport a | 9699 |
boat between a place of storage and a marina, or in and around a | 9700 |
marina, when drawn or towed on a public road or highway for a | 9701 |
distance of no more than ten miles and at a speed of twenty-five | 9702 |
miles per hour or less. | 9703 |
(C) "Agricultural tractor" and "traction engine" mean any | 9704 |
self-propelling vehicle that is designed or used for drawing other | 9705 |
vehicles or wheeled machinery, but has no provisions for carrying | 9706 |
loads independently of such other vehicles, and that is used | 9707 |
principally for agricultural purposes. | 9708 |
(D) "Commercial tractor," except as defined in division (C) | 9709 |
of this section, means any motor vehicle that has motive power and | 9710 |
either is designed or used for drawing other motor vehicles, or is | 9711 |
designed or used for drawing another motor vehicle while carrying | 9712 |
a portion of the other motor vehicle or its load, or both. | 9713 |
(E) "Passenger car" means any motor vehicle that is designed | 9714 |
and used for carrying not more than nine persons and includes any | 9715 |
motor vehicle that is designed and used for carrying not more than | 9716 |
fifteen persons in a ridesharing arrangement. | 9717 |
(F) "Collector's vehicle" means any motor vehicle or | 9718 |
agricultural tractor or traction engine that is of special | 9719 |
interest, that has a fair market value of one hundred dollars or | 9720 |
more, whether operable or not, and that is owned, operated, | 9721 |
collected, preserved, restored, maintained, or used essentially as | 9722 |
a collector's item, leisure pursuit, or investment, but not as the | 9723 |
owner's principal means of transportation. "Licensed collector's | 9724 |
vehicle" means a collector's vehicle, other than an agricultural | 9725 |
tractor or traction engine, that displays current, valid license | 9726 |
tags issued under section 4503.45 of the Revised Code, or a | 9727 |
similar type of motor vehicle that displays current, valid license | 9728 |
tags issued under substantially equivalent provisions in the laws | 9729 |
of other states. | 9730 |
(G) "Historical motor vehicle" means any motor vehicle that | 9731 |
is over twenty-five years old and is owned solely as a collector's | 9732 |
item and for participation in club activities, exhibitions, tours, | 9733 |
parades, and similar uses, but that in no event is used for | 9734 |
general transportation. | 9735 |
(H) "Noncommercial motor vehicle" means any motor vehicle, | 9736 |
including a farm truck as defined in section 4503.04 of the | 9737 |
Revised Code, that is designed by the manufacturer to carry a load | 9738 |
of no more than one ton and is used exclusively for purposes other | 9739 |
than engaging in business for profit. | 9740 |
(I) "Bus" means any motor vehicle that has motor power and is | 9741 |
designed and used for carrying more than nine passengers, except | 9742 |
any motor vehicle that is designed and used for carrying not more | 9743 |
than fifteen passengers in a ridesharing arrangement. | 9744 |
(J) "Commercial car" or "truck" means any motor vehicle that | 9745 |
has motor power and is designed and used for carrying merchandise | 9746 |
or freight, or that is used as a commercial tractor. | 9747 |
(K) "Bicycle" means every device, other than a tricycle that | 9748 |
is designed solely for use as a play vehicle by a child, that is | 9749 |
propelled solely by human power upon which any person may ride, | 9750 |
and that has either two tandem wheels, or one wheel in front and | 9751 |
two wheels in the rear, any of which is more than fourteen inches | 9752 |
in diameter. | 9753 |
(L) "Motorized bicycle" means any vehicle that either has two | 9754 |
tandem wheels or one wheel in the front and two wheels in the | 9755 |
rear, that is capable of being pedaled, and that is equipped with | 9756 |
a helper motor of not more than fifty cubic centimeters piston | 9757 |
displacement that produces no more than one brake horsepower and | 9758 |
is capable of propelling the vehicle at a speed of no greater than | 9759 |
twenty miles per hour on a level surface. | 9760 |
(M) "Trailer" means any vehicle without motive power that is | 9761 |
designed or used for carrying property or persons wholly on its | 9762 |
own structure and for being drawn by a motor vehicle, and includes | 9763 |
any such vehicle that is formed by or operated as a combination of | 9764 |
a semitrailer and a vehicle of the dolly type such as that | 9765 |
commonly known as a trailer dolly, a vehicle used to transport | 9766 |
agricultural produce or agricultural production materials between | 9767 |
a local place of storage or supply and the farm when drawn or | 9768 |
towed on a public road or highway at a speed greater than | 9769 |
twenty-five miles per hour, and a vehicle that is designed and | 9770 |
used exclusively to transport a boat between a place of storage | 9771 |
and a marina, or in and around a marina, when drawn or towed on a | 9772 |
public road or highway for a distance of more than ten miles or at | 9773 |
a speed of more than twenty-five miles per hour. "Trailer" does | 9774 |
not include a manufactured home or travel trailer. | 9775 |
(N) "Noncommercial trailer" means any trailer, except a | 9776 |
travel trailer or trailer that is used to transport a boat as | 9777 |
described in division (B) of this section, but, where applicable, | 9778 |
includes a vehicle that is used to transport a boat as described | 9779 |
in division (M) of this section, that has a gross weight of no | 9780 |
more than three thousand pounds, and that is used exclusively for | 9781 |
purposes other than engaging in business for a profit. | 9782 |
(O) "Mobile home" means a building unit or assembly of closed | 9783 |
construction that is fabricated in an off-site facility, is more | 9784 |
than thirty-five body feet in length or, when erected on site, is | 9785 |
three hundred twenty or more square feet, is built on a permanent | 9786 |
chassis, is transportable in one or more sections, and does not | 9787 |
qualify as a manufactured home as defined in division (C)(4) of | 9788 |
section 3781.06 of the Revised Code or as an industrialized unit | 9789 |
as defined in division (C)(3) of section 3781.06 of the Revised | 9790 |
Code. | 9791 |
(P) "Semitrailer" means any vehicle of the trailer type that | 9792 |
does not have motive power and is so designed or used with another | 9793 |
and separate motor vehicle that in operation a part of its own | 9794 |
weight or that of its load, or both, rests upon and is carried by | 9795 |
the other vehicle furnishing the motive power for propelling | 9796 |
itself and the vehicle referred to in this division, and includes, | 9797 |
for the purpose only of registration and taxation under those | 9798 |
chapters, any vehicle of the dolly type, such as a trailer dolly, | 9799 |
that is designed or used for the conversion of a semitrailer into | 9800 |
a trailer. | 9801 |
(Q) "Recreational vehicle" means a vehicular portable | 9802 |
structure that meets all of the following conditions: | 9803 |
(1) It is designed for the sole purpose of recreational | 9804 |
travel. | 9805 |
(2) It is not used for the purpose of engaging in business | 9806 |
for profit. | 9807 |
(3) It is not used for the purpose of engaging in intrastate | 9808 |
commerce. | 9809 |
(4) It is not used for the purpose of commerce as defined in | 9810 |
49 C.F.R. 383.5, as amended. | 9811 |
(5) It is not regulated by the public utilities commission | 9812 |
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code. | 9813 |
(6) It is classed as one of the following: | 9814 |
(a) "Travel trailer" means a nonself-propelled recreational | 9815 |
vehicle that does not exceed an overall length of thirty-five | 9816 |
feet, exclusive of bumper and tongue or coupling, and contains | 9817 |
less than three hundred twenty square feet of space when erected | 9818 |
on site. "Travel trailer" includes a tent-type fold-out camping | 9819 |
trailer as defined in section 4517.01 of the Revised Code. | 9820 |
(b) "Motor home" means a self-propelled recreational vehicle | 9821 |
that has no fifth wheel and is constructed with permanently | 9822 |
installed facilities for cold storage, cooking and consuming of | 9823 |
food, and for sleeping. | 9824 |
(c) "Truck camper" means a nonself-propelled recreational | 9825 |
vehicle that does not have wheels for road use and is designed to | 9826 |
be placed upon and attached to a motor vehicle. "Truck camper" | 9827 |
does not include truck covers that consist of walls and a roof, | 9828 |
but do not have floors and facilities enabling them to be used as | 9829 |
a dwelling. | 9830 |
(d) "Fifth wheel trailer" means a vehicle that is of such | 9831 |
size and weight as to be movable without a special highway permit, | 9832 |
that has a gross trailer area of four hundred square feet or less, | 9833 |
that is constructed with a raised forward section that allows a | 9834 |
bi-level floor plan, and that is designed to be towed by a vehicle | 9835 |
equipped with a fifth-wheel hitch ordinarily installed in the bed | 9836 |
of a truck. | 9837 |
(e) "Park trailer" means a vehicle that is commonly known as | 9838 |
a park model recreational vehicle, meets the American national | 9839 |
standard institute standard A119.5 (1988) for park trailers, is | 9840 |
built on a single chassis, has a gross trailer area of four | 9841 |
hundred square feet or less when set up, is designed for seasonal | 9842 |
or temporary living quarters, and may be connected to utilities | 9843 |
necessary for the operation of installed features and appliances. | 9844 |
(R) "Pneumatic tires" means tires of rubber and fabric or | 9845 |
tires of similar material, that are inflated with air. | 9846 |
(S) "Solid tires" means tires of rubber or similar elastic | 9847 |
material that are not dependent upon confined air for support of | 9848 |
the load. | 9849 |
(T) "Solid tire vehicle" means any vehicle that is equipped | 9850 |
with two or more solid tires. | 9851 |
(U) "Farm machinery" means all machines and tools that are | 9852 |
used in the production, harvesting, and care of farm products, and | 9853 |
includes trailers that are used to transport agricultural produce | 9854 |
or agricultural production materials between a local place of | 9855 |
storage or supply and the farm when drawn or towed on a public | 9856 |
road or highway at a speed of twenty-five miles per hour or less. | 9857 |
(V) "Owner" includes any person or firm, other than a | 9858 |
manufacturer or dealer, that has title to a motor vehicle, except | 9859 |
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner" | 9860 |
includes in addition manufacturers and dealers. | 9861 |
(W) "Manufacturer" and "dealer" include all persons and firms | 9862 |
that are regularly engaged in the business of manufacturing, | 9863 |
selling, displaying, offering for sale, or dealing in motor | 9864 |
vehicles, at an established place of business that is used | 9865 |
exclusively for the purpose of manufacturing, selling, displaying, | 9866 |
offering for sale, or dealing in motor vehicles. A place of | 9867 |
business that is used for manufacturing, selling, displaying, | 9868 |
offering for sale, or dealing in motor vehicles shall be deemed to | 9869 |
be used exclusively for those purposes even though snowmobiles or | 9870 |
all-purpose vehicles are sold or displayed for sale thereat, even | 9871 |
though farm machinery is sold or displayed for sale thereat, or | 9872 |
even though repair, accessory, gasoline and oil, storage, parts, | 9873 |
service, or paint departments are maintained thereat, or, in any | 9874 |
county having a population of less than seventy-five thousand at | 9875 |
the last federal census, even though a department in a place of | 9876 |
business is used to dismantle, salvage, or rebuild motor vehicles | 9877 |
by means of used parts, if such departments are operated for the | 9878 |
purpose of furthering and assisting in the business of | 9879 |
manufacturing, selling, displaying, offering for sale, or dealing | 9880 |
in motor vehicles. Places of business or departments in a place | 9881 |
of business used to dismantle, salvage, or rebuild motor vehicles | 9882 |
by means of using used parts are not considered as being | 9883 |
maintained for the purpose of assisting or furthering the | 9884 |
manufacturing, selling, displaying, and offering for sale or | 9885 |
dealing in motor vehicles. | 9886 |
(X) "Operator" includes any person who drives or operates a | 9887 |
motor vehicle upon the public highways. | 9888 |
(Y) "Chauffeur" means any operator who operates a motor | 9889 |
vehicle, other than a taxicab, as an employee for hire; or any | 9890 |
operator whether or not the owner of a motor vehicle, other than a | 9891 |
taxicab, who operates such vehicle for transporting, for gain, | 9892 |
compensation, or profit, either persons or property owned by | 9893 |
another. Any operator of a motor vehicle who is voluntarily | 9894 |
involved in a ridesharing arrangement is not considered an | 9895 |
employee for hire or operating such vehicle for gain, | 9896 |
compensation, or profit. | 9897 |
(Z) "State" includes the territories and federal districts of | 9898 |
the United States, and the provinces of Canada. | 9899 |
(AA) "Public roads and highways" for vehicles includes all | 9900 |
public thoroughfares, bridges, and culverts. | 9901 |
(BB) "Manufacturer's number" means the manufacturer's | 9902 |
original serial number that is affixed to or imprinted upon the | 9903 |
chassis or other part of the motor vehicle. | 9904 |
(CC) "Motor number" means the manufacturer's original number | 9905 |
that is affixed to or imprinted upon the engine or motor of the | 9906 |
vehicle. | 9907 |
(DD) "Distributor" means any person who is authorized by a | 9908 |
motor vehicle manufacturer to distribute new motor vehicles to | 9909 |
licensed motor vehicle dealers at an established place of business | 9910 |
that is used exclusively for the purpose of distributing new motor | 9911 |
vehicles to licensed motor vehicle dealers, except when the | 9912 |
distributor also is a new motor vehicle dealer, in which case the | 9913 |
distributor may distribute at the location of the distributor's | 9914 |
licensed dealership. | 9915 |
(EE) "Ridesharing arrangement" means the transportation of | 9916 |
persons in a motor vehicle where the transportation is incidental | 9917 |
to another purpose of a volunteer driver and includes ridesharing | 9918 |
arrangements known as carpools, vanpools, and buspools. | 9919 |
(FF) "Apportionable vehicle" means any vehicle that is used | 9920 |
or intended for use in two or more international registration plan | 9921 |
member jurisdictions that allocate or proportionally register | 9922 |
vehicles, that is used for the transportation of persons for hire | 9923 |
or designed, used, or maintained primarily for the transportation | 9924 |
of property, and that meets any of the following qualifications: | 9925 |
(1) Is a power unit having a gross vehicle weight in excess | 9926 |
of twenty-six thousand pounds; | 9927 |
(2) Is a power unit having three or more axles, regardless of | 9928 |
the gross vehicle weight; | 9929 |
(3) Is a combination vehicle with a gross vehicle weight in | 9930 |
excess of twenty-six thousand pounds. | 9931 |
"Apportionable vehicle" does not include recreational | 9932 |
vehicles, vehicles displaying restricted plates, city pick-up and | 9933 |
delivery vehicles, buses used for the transportation of chartered | 9934 |
parties, or vehicles owned and operated by the United States, this | 9935 |
state, or any political subdivisions thereof. | 9936 |
(GG) "Chartered party" means a group of persons who contract | 9937 |
as a group to acquire the exclusive use of a passenger-carrying | 9938 |
motor vehicle at a fixed charge for the vehicle in accordance with | 9939 |
the carrier's tariff, lawfully on file with the United States | 9940 |
department of transportation, for the purpose of group travel to a | 9941 |
specified destination or for a particular itinerary, either agreed | 9942 |
upon in advance or modified by the chartered group after having | 9943 |
left the place of origin. | 9944 |
(HH) "International registration plan" means a reciprocal | 9945 |
agreement of member jurisdictions that is endorsed by the American | 9946 |
association of motor vehicle administrators, and that promotes and | 9947 |
encourages the fullest possible use of the highway system by | 9948 |
authorizing apportioned registration of fleets of vehicles and | 9949 |
recognizing registration of vehicles apportioned in member | 9950 |
jurisdictions. | 9951 |
(II) "Restricted plate" means a license plate that has a | 9952 |
restriction of time, geographic area, mileage, or commodity, and | 9953 |
includes license plates issued to farm trucks under division (J) | 9954 |
of section 4503.04 of the Revised Code. | 9955 |
(JJ) "Gross vehicle weight," with regard to any commercial | 9956 |
car, trailer, semitrailer, or bus that is taxed at the rates | 9957 |
established under section 4503.042 of the Revised Code, means the | 9958 |
unladen weight of the vehicle fully equipped plus the maximum | 9959 |
weight of the load to be carried on the vehicle. | 9960 |
(KK) "Combined gross vehicle weight" with regard to any | 9961 |
combination of a commercial car, trailer, and semitrailer, that is | 9962 |
taxed at the rates established under section 4503.042 of the | 9963 |
Revised Code, means the total unladen weight of the combination of | 9964 |
vehicles fully equipped plus the maximum weight of the load to be | 9965 |
carried on that combination of vehicles. | 9966 |
(LL) "Chauffeured limousine" means a motor vehicle that is | 9967 |
designed to carry nine or fewer passengers and is operated for | 9968 |
hire on an hourly basis pursuant to a prearranged contract for the | 9969 |
transportation of passengers on public roads and highways along a | 9970 |
route under the control of the person hiring the vehicle and not | 9971 |
over a defined and regular route. "Prearranged contract" means an | 9972 |
agreement, made in advance of boarding, to provide transportation | 9973 |
from a specific location in a chauffeured limousine at a fixed | 9974 |
rate per hour or trip. "Chauffeured limousine" does not include | 9975 |
any vehicle that is used exclusively in the business of funeral | 9976 |
directing. | 9977 |
(MM) "Manufactured home" has the same meaning as in division | 9978 |
(C)(4) of section 3781.06 of the Revised Code. | 9979 |
(NN) "Acquired situs," with respect to a manufactured home or | 9980 |
a mobile home, means to become located in this state by the | 9981 |
placement of the home on real property, but does not include the | 9982 |
placement of a manufactured home or a mobile home in the inventory | 9983 |
of a new motor vehicle dealer or the inventory of a manufacturer, | 9984 |
remanufacturer, or distributor of manufactured or mobile homes. | 9985 |
(OO) "Electronic" includes electrical, digital, magnetic, | 9986 |
optical, electromagnetic, or any other form of technology that | 9987 |
entails capabilities similar to these technologies. | 9988 |
(PP) "Electronic record" means a record generated, | 9989 |
communicated, received, or stored by electronic means for use in | 9990 |
an information system or for transmission from one information | 9991 |
system to another. | 9992 |
(QQ) "Electronic signature" means a signature in electronic | 9993 |
form attached to or logically associated with an electronic | 9994 |
record. | 9995 |
(RR) "Financial transaction device" has the same meaning as | 9996 |
in division (A) of section 113.40 of the Revised Code. | 9997 |
(SS) "Electronic motor vehicle dealer" means a motor vehicle | 9998 |
dealer licensed under Chapter 4517. of the Revised Code whom the | 9999 |
registrar of motor vehicles determines meets the criteria | 10000 |
designated in section 4503.035 of the Revised Code for electronic | 10001 |
motor vehicle dealers and designates as an electronic motor | 10002 |
vehicle dealer under that section. | 10003 |
(TT) "Electric personal assistive mobility device" means a | 10004 |
self-balancing two non-tandem wheeled device that is designed to | 10005 |
transport only one person, has an electric propulsion system of an | 10006 |
average of seven hundred fifty watts, and when ridden on a paved | 10007 |
level surface by an operator who weighs one hundred seventy pounds | 10008 |
has a maximum speed of less than twenty miles per hour. | 10009 |
(UU) "Limited driving privileges" means the privilege to | 10010 |
operate a motor vehicle that a court grants under section 4510.021 | 10011 |
of the Revised Code to a person whose driver's or commercial | 10012 |
driver's license or permit or nonresident operating privilege has | 10013 |
been suspended. | 10014 |
(VV) "Utility vehicle" means a self-propelled vehicle | 10015 |
designed with a bed, principally for the purpose of transporting | 10016 |
material or cargo in connection with construction, agricultural, | 10017 |
forestry, grounds maintenance, lawn and garden, materials | 10018 |
handling, or similar activities. "Utility vehicle" includes a | 10019 |
vehicle with a maximum attainable speed of twenty miles per hour | 10020 |
or less that is used exclusively within the boundaries of state | 10021 |
parks by state park employees or volunteers for the operation or | 10022 |
maintenance of state park facilities. | 10023 |
Sec. 5577.081. (A) Except when transferring unfinished | 10024 |
aggregate material between facilities that are under the control | 10025 |
of the same owner or operator that is subject to Chapter 1514. of | 10026 |
the Revised Code or when unloading or loading finished aggregate | 10027 |
product within a ten-mile radius of a surface mining operation | 10028 |
that is permitted and regulated under that chapter, all vehicles | 10029 |
entering or leaving such an operation that have a gross vehicle | 10030 |
weight as defined in division (JJ) of section 4501.01 of the | 10031 |
Revised Code that is in excess of sixty-six thousand pounds shall | 10032 |
use the specific roads designated pursuant to sections 303.14 and | 10033 |
303.141 or 519.14 and 519.141 of the Revised Code as the primary | 10034 |
means of ingress to and egress from the facilities or operation. | 10035 |
(B) The owner or operator of a surface mining operation that | 10036 |
is permitted under Chapter 1514. of the Revised Code and that is | 10037 |
subject to the use of specific roads as the primary means of | 10038 |
ingress to and egress from the operation pursuant to sections | 10039 |
303.14 and 303.141 or 519.14 and 519.141 of the Revised Code shall | 10040 |
post a sign in a conspicuous location to inform the drivers of | 10041 |
trucks entering and leaving the operation of the roads to use as | 10042 |
the primary means of ingress to and egress from the operation. | 10043 |
(C)(1) Whoever violates this section shall receive a written | 10044 |
warning in such a manner that it becomes a part of the person's | 10045 |
permanent record that is maintained by the bureau of motor | 10046 |
vehicles and assists in monitoring violations of this section. | 10047 |
(2) A person who commits a second offense within one year | 10048 |
after committing the first offense is guilty of a minor | 10049 |
misdemeanor. | 10050 |
(3) A person who commits a third or subsequent offense within | 10051 |
one year after committing the first offense is guilty of a | 10052 |
misdemeanor of the fourth degree. | 10053 |
(D) Fine money that is collected under division (C) of this | 10054 |
section shall be deposited in the state treasury to the credit of | 10055 |
the surface mining fund created in section 1514.06 of the Revised | 10056 |
Code. | 10057 |
Sec. 5749.02. (A) For the purpose of providing revenue to | 10058 |
administer the state's coal mining and reclamation regulatory | 10059 |
program, to meet the environmental and resource management needs | 10060 |
of this state, and to reclaim land affected by mining, an excise | 10061 |
tax is hereby levied on the privilege of engaging in the severance | 10062 |
of natural resources from the soil or water of this state. The tax | 10063 |
shall be imposed upon the severer and shall be: | 10064 |
(1) | 10065 |
(2) Four cents per ton of salt; | 10066 |
(3) Two cents per ton of limestone or dolomite; | 10067 |
(4) Two cents per ton of sand and gravel; | 10068 |
(5) Ten cents per barrel of oil; | 10069 |
(6) Two and one-half cents per thousand cubic feet of natural | 10070 |
gas; | 10071 |
(7) One cent per ton of clay, sandstone or conglomerate, | 10072 |
shale, gypsum, or quartzite; | 10073 |
(8) Except as otherwise provided in this division or in rules | 10074 |
adopted by the reclamation forfeiture fund advisory board under | 10075 |
section 1513.182 of the Revised Code, an additional fourteen cents | 10076 |
per ton of coal produced from an area under a coal mining and | 10077 |
reclamation permit issued under Chapter 1513. of the Revised Code | 10078 |
for which the performance security is provided under division | 10079 |
(C)(2) of section 1513.08 of the Revised Code. If at the end of a | 10080 |
fiscal biennium the balance of the reclamation forfeiture fund | 10081 |
created in section 1513.18 of the Revised Code is equal to or | 10082 |
greater than ten million dollars, the rate levied shall be twelve | 10083 |
cents per ton. If at the end of a fiscal biennium the balance of | 10084 |
the fund is at least five million dollars, but less than ten | 10085 |
million dollars, the rate levied shall be fourteen cents per ton. | 10086 |
If at the end of a fiscal biennium the balance of the fund is less | 10087 |
than five million dollars, the rate levied shall be sixteen cents | 10088 |
per ton. Not later than thirty days after the close of a fiscal | 10089 |
biennium, the chief of the division of mineral resources | 10090 |
management shall certify to the tax commissioner the amount of the | 10091 |
balance of the reclamation forfeiture fund as of the close of the | 10092 |
fiscal biennium. Any necessary adjustment of the rate levied shall | 10093 |
take effect on the first day of the following January and shall | 10094 |
remain in effect during the calendar biennium that begins on that | 10095 |
date. | 10096 |
(9) An additional one and two-tenths cents per ton of coal | 10097 |
mined by surface mining methods. | 10098 |
(B) Of the moneys received by the treasurer of state from the | 10099 |
tax levied in division (A)(1) of this section, | 10100 |
10101 | |
credited to the geological mapping fund created in section 1505.09 | 10102 |
of the Revised Code, | 10103 |
10104 | |
10105 | |
and ninety-five-hundredths per cent shall be credited to the coal | 10106 |
mining administration and reclamation reserve fund created in | 10107 |
section 1513.181 of the Revised Code, and | 10108 |
and twenty-nine-hundredths per cent shall be credited to the | 10109 |
unreclaimed lands fund created in section 1513.30 of the Revised | 10110 |
Code. | 10111 |
10112 | |
10113 | |
10114 | |
10115 | |
10116 | |
10117 | |
10118 | |
10119 | |
10120 | |
10121 | |
10122 |
Fifteen per cent of the moneys received by the treasurer of | 10123 |
state from the tax levied in division (A)(2) of this section shall | 10124 |
be credited to the geological mapping fund and the remainder shall | 10125 |
be credited to the unreclaimed lands fund. | 10126 |
Of the moneys received by the treasurer of state from the tax | 10127 |
levied in divisions (A)(3) and (4) of this section, seven and | 10128 |
five-tenths per cent shall be credited to the geological mapping | 10129 |
fund, forty-two and five-tenths per cent shall be credited to the | 10130 |
unreclaimed lands fund, and the remainder shall be credited to the | 10131 |
surface mining fund created in section 1514.06 of the Revised | 10132 |
Code. | 10133 |
Of the moneys received by the treasurer of state from the tax | 10134 |
levied in divisions (A)(5) and (6) of this section, ninety per | 10135 |
cent shall be credited to the oil and gas well fund created in | 10136 |
section 1509.02 of the Revised Code and ten per cent shall be | 10137 |
credited to the geological mapping fund. All of the moneys | 10138 |
received by the treasurer of state from the tax levied in division | 10139 |
(A)(7) of this section shall be credited to the surface mining | 10140 |
fund. | 10141 |
All of the moneys received by the treasurer of state from the | 10142 |
tax levied in division (A)(8) of this section shall be credited to | 10143 |
the reclamation forfeiture fund. | 10144 |
All of the moneys received by the treasurer of state from the | 10145 |
tax levied in division (A)(9) of this section shall be credited to | 10146 |
the unreclaimed lands fund. | 10147 |
(C) | 10148 |
10149 | |
10150 | |
10151 | |
10152 | |
10153 | |
10154 | |
10155 | |
10156 | |
10157 | |
10158 | |
10159 | |
10160 |
| 10161 |
10162 | |
10163 | |
10164 | |
10165 | |
10166 | |
10167 | |
10168 | |
10169 | |
10170 | |
10171 | |
10172 | |
10173 | |
10174 | |
10175 |
When, at the close of any fiscal year, the chief finds that | 10176 |
the balance of the reclamation forfeiture fund, plus estimated | 10177 |
transfers to it from the coal mining administration and | 10178 |
reclamation reserve fund under section 1513.181 of the Revised | 10179 |
Code, plus the estimated revenues
from the tax levied by | 10180 |
division (A)(8) of this section for the remainder of the calendar | 10181 |
year that includes the close of the fiscal year, are sufficient to | 10182 |
complete the reclamation of | 10183 |
security has been provided under division (C)(2) of section | 10184 |
1513.08 of the Revised Code, the purposes for which the tax under | 10185 |
10186 | |
accomplished at the end of that calendar year. The chief, within | 10187 |
thirty days after the close of the fiscal year, shall certify | 10188 |
those findings to the tax commissioner, and the tax levied under | 10189 |
division (A)(8) of this section shall cease to be imposed after | 10190 |
the last day of that calendar year on coal produced under a coal | 10191 |
mining and reclamation permit issued under Chapter 1513. of the | 10192 |
Revised Code if the permittee has made tax payments under division | 10193 |
(A)(8) of this section during each of the preceding five full | 10194 |
calendar years. Not later than thirty days after the close of a | 10195 |
fiscal year, the chief shall certify to the tax commissioner the | 10196 |
identity of any permittees who accordingly no longer are required | 10197 |
to pay the tax levied under division (A)(8) of this section. | 10198 |
Sec. 5749.11. (A) There is hereby allowed a nonrefundable | 10199 |
credit against the taxes imposed under division (A)(8) of section | 10200 |
5749.02 of the Revised Code for any severer to which a reclamation | 10201 |
tax credit certificate is issued under section 1513.171 of the | 10202 |
Revised Code. The credit shall be claimed in the amount shown on | 10203 |
the certificate. The credit shall be claimed by deducting the | 10204 |
amount of the credit from the amount of the first tax payment due | 10205 |
under section 5749.06 of the Revised Code after the certificate is | 10206 |
issued. | 10207 |
If the amount of the credit shown on a certificate exceeds | 10208 |
the amount of the tax otherwise due with that first payment, the | 10209 |
excess shall be claimed against the amount of tax otherwise due on | 10210 |
succeeding payment dates until the entire credit amount has been | 10211 |
deducted. The total amount of credit claimed against payments | 10212 |
shall not exceed the total amount of credit shown on the | 10213 |
certificate. | 10214 |
(B) A severer claiming a credit under this section shall | 10215 |
retain a reclamation tax credit certificate for not less than four | 10216 |
years following the date of the last tax payment against which the | 10217 |
credit allowed under that certificate was applied. Severers shall | 10218 |
make tax credit certificates available for inspection by the tax | 10219 |
commissioner upon the tax commissioner's request. | 10220 |
Section 2. That existing sections 123.04, 303.14, 307.37, | 10221 |
519.14, 1501.011, 1501.02, 1501.07, 1501.23, 1501.32, 1502.01, | 10222 |
1502.03, 1502.12, 1504.02, 1506.04, 1507.01, 1510.04, 1511.021, | 10223 |
1513.01, 1513.02, 1513.07, 1513.071, 1513.08, 1513.13, 1513.16, | 10224 |
1513.17, 1513.18, 1513.181, 1513.29, 1513.30, 1513.37, 1514.01, | 10225 |
1514.03, 1514.04, 1514.05, 1514.06, 1514.09, 1514.11, 1514.99, | 10226 |
1515.10, 1515.211, 1517.02, 1517.10, 1517.11, 1520.02, 1520.03, | 10227 |
1520.05, 1520.07, 1521.01, 1521.04, 1521.05, 1521.06, 1521.061, | 10228 |
1521.062, 1521.064, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, | 10229 |
1531.01, 1531.02, 1531.04, 1531.06, 1531.10, 1531.20, 1531.27, | 10230 |
1531.99, 1533.07, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, | 10231 |
1533.131, 1533.171, 1533.42, 1533.632, 1533.68, 1533.86, 1533.882, | 10232 |
1533.99, 1541.03, 1541.05, 1541.40, 1547.05, 1547.08, 1547.51, | 10233 |
1547.54, 1547.541, 1547.99, 1548.02, 1567.35, 3734.13, 3745.01, | 10234 |
3745.08, 4115.04, 4501.01, and 5749.02 and sections 1502.11, | 10235 |
1513.10, 1521.08, and 1533.78 of the Revised Code are hereby | 10236 |
repealed. | 10237 |
Section 3. It is the intent of the General Assembly to | 10238 |
appropriate five million dollars for the reclamation of land | 10239 |
affected by the surface mining of coal. Of that five million | 10240 |
dollars, not more than fifty thousand dollars shall be used to | 10241 |
study the management of the financial resources of the coal mining | 10242 |
regulatory program of the Division of Mineral Resources Management | 10243 |
in the Department of Natural Resources. The Chief of the Division | 10244 |
of Mineral Resources Management, in consultation with a statewide | 10245 |
association representing the coal mining industry and a statewide | 10246 |
association representing environmental advocacy, shall develop an | 10247 |
outline of the subjects for the study. The Chief shall select an | 10248 |
objective third party that has knowledge in the management of | 10249 |
finances to conduct the study. Upon completion of the study, the | 10250 |
third party shall prepare a report of its findings and submit the | 10251 |
report to the Director of Natural Resources. | 10252 |
Section 4. Not later than five years after the effective date | 10253 |
of this act, the Chief of the Division of Mineral Resources | 10254 |
Management shall submit a report to the Governor summarizing the | 10255 |
activities of the Division of Mineral Resources Management under | 10256 |
sections 1514.40 to 1514.47 of the Revised Code, as enacted by | 10257 |
this act, trends in miner accident rates, and the number and | 10258 |
causes of life-threatening accidents and fatalities since the | 10259 |
effective date of this act. In addition, the report shall compare | 10260 |
those trends and accident rates with the trends and accident rates | 10261 |
that occurred ten years prior to the effective date of this act | 10262 |
and, if necessary, recommend changes to those sections in order to | 10263 |
improve miner health or safety. | 10264 |
Section 5. The amendment of section 1541.40 of the Revised | 10265 |
Code by this act applies to members appointed to the Ohio Parks | 10266 |
and Recreation Council on and after the effective date of this | 10267 |
act. | 10268 |
Section 6. Section 5749.02 of the Revised Code as amended by | 10269 |
this act shall take effect on April 1, 2007. | 10270 |
Section 7. Section 1533.10 of the Revised Code is presented | 10271 |
in this act as a composite of the section as amended by both Am. | 10272 |
Sub. H.B. 66 and H.B. 296 of the 126th General Assembly. Section | 10273 |
1547.54 of the Revised Code is presented in this act as a | 10274 |
composite of the section as amended by both Sub. H.B. 345 and Sub. | 10275 |
S.B. 150 of the 124th General Assembly. The General Assembly, | 10276 |
applying the principle stated in division (B) of section 1.52 of | 10277 |
the Revised Code that amendments are to be harmonized if | 10278 |
reasonably capable of simultaneous operation, finds that the | 10279 |
composites are the resulting versions of the sections in effect | 10280 |
prior to the effective date of the sections as presented in this | 10281 |
act. | 10282 |