As Reported by the House Agriculture and Natural Resources Committee
126th General Assembly | Regular Session | 2005-2006 |
| |
Representatives Uecker, Aslanides, McGregor, J., Domenick, Setzer
A BILL
To amend sections 123.04, 303.14, 307.37, 519.14, 1501.011, 1501.02, 1501.07, 1501.23, 1501.32, 1502.01, 1502.03, 1502.12, 1504.02, 1506.04, 1507.01, 1510.04, 1511.021, 1513.01, 1513.02, 1513.07, 1513.071, 1513.08, 1513.13, 1513.16, 1513.17, 1513.18, 1513.181, 1513.29, 1513.30, 1513.37, 1514.01, 1514.03, 1514.04, 1514.05, 1514.06, 1514.09, 1514.11, 1514.99, 1515.10, 1515.211, 1517.02, 1517.10, 1517.11, 1520.02, 1520.03, 1520.05, 1520.07, 1521.01, 1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 1521.064, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1531.01, 1531.02, 1531.04, 1531.06, 1531.10, 1531.20, 1531.27, 1531.99, 1533.07, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131, 1533.171, 1533.42, 1533.632, 1533.68, 1533.86, 1533.882, 1533.99, 1541.03, 1541.05, 1541.40, 1547.05, 1547.08, 1547.51, 1547.54, 1547.541, 1547.99, 1548.02, 1567.35, 2923.35, 2933.43, 4115.04, and 5749.02; to enact sections 303.141, 519.141, 1513.075, 1513.081, 1513.171, 1513.182, 1513.371, 1514.011, 1514.051, 1514.40 to 1514.47, 1514.50, 1515.093, 1548.031, 1548.032, 1561.011, 1563.01, 1565.01, 1567.01, 1571.011, 2305.041, 5577.081, and 5749.11; and to repeal sections 1502.11, 1513.10, 1521.08, and 1533.78 of the Revised Code to revise the statutes governing the Department of Natural Resources; to make changes to the law governing coal mining, including increasing the severance tax on coal and revising the distribution of revenue from that tax; to make changes to the law governing the mining of industrial minerals, including revising zoning provisions related to such mining; and to make other changes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 123.04, 303.14, 307.37, 519.14, 1501.011, 1501.02, 1501.07, 1501.23, 1501.32, 1502.01, 1502.03, 1502.12, 1504.02, 1506.04, 1507.01, 1510.04, 1511.021, 1513.01, 1513.02, 1513.07, 1513.071, 1513.08, 1513.13, 1513.16, 1513.17, 1513.18, 1513.181, 1513.29, 1513.30, 1513.37, 1514.01, 1514.03, 1514.04, 1514.05, 1514.06, 1514.09, 1514.11, 1514.99, 1515.10, 1515.211, 1517.02, 1517.10, 1517.11, 1520.02, 1520.03, 1520.05, 1520.07, 1521.01, 1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 1521.064, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1531.01, 1531.02, 1531.04, 1531.06, 1531.10, 1531.20, 1531.27, 1531.99, 1533.07, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131, 1533.171, 1533.42, 1533.632, 1533.68, 1533.86, 1533.882, 1533.99, 1541.03, 1541.05, 1541.40, 1547.05, 1547.08, 1547.51, 1547.54, 1547.541, 1547.99, 1548.02, 1567.35, 2923.35, 2933.43, 4115.04, and 5749.02 be amended and sections 303.141, 519.141, 1513.075, 1513.081, 1513.171, 1513.182, 1513.371, 1514.011, 1514.051, 1514.40, 1514.41, 1514.42, 1514.43, 1514.44, 1514.45, 1514.46, 1514.47, 1514.50, 1515.093, 1548.031, 1548.032, 1561.011, 1563.01, 1565.01, 1567.01, 1571.011, 2305.041, 5577.081, and 5749.11 of the Revised Code be enacted to read as follows:
Sec. 123.04. The director of administrative services shall be appointed
superintendent of public works and shall have the care and control of the
public works of the state except as provided in section 1521.08 of the Revised
Code and shall protect, maintain, and keep them in repair.
Subject to the approval of the governor, the director may purchase on behalf
of the state such real or personal property, rights, or privileges as are
necessary, in the director's judgment, to acquire in the
maintenance of the public works
or their improvement.
Any instrument by which the state or an agency of the state acquires real
property pursuant to this section shall identify the agency of the state that
has the use and benefit of the real property as specified in section 5301.012
of the Revised Code.
Sec. 303.14. The county board of zoning appeals may:
(A) Hear and decide appeals where it is alleged there is
error in any order, requirement, decision, or determination made
by an administrative official in the enforcement of sections
303.01 to 303.25 of the Revised Code, or of any resolution
adopted pursuant thereto;
(B) Authorize upon appeal, in specific cases, such
variance from the terms of the zoning resolution as will not be
contrary to the public interest, where, owing to special
conditions, a literal enforcement of the resolution will result
in unnecessary hardship, and so that the spirit of the resolution
shall be observed and substantial justice done;
(C) Grant conditional zoning certificates for the use of
land, buildings, or other structures if such certificates for
specific uses are provided for in the zoning resolution;. If the board considers conditional zoning certificates for activities that are permitted and regulated under Chapter 1514. of the Revised Code or activities that are related to making finished aggregate products, the board shall proceed in accordance with section 303.141. of the Revised Code.
(D) Revoke an authorized variance or conditional zoning
certificate granted for the extraction of minerals, if any
condition of the variance or certificate is violated.
The board shall notify the holder of the variance or
certificate by certified mail of its intent to revoke the
variance or certificate under division (D) of this section and of
his the holder's right to a hearing before the board within
thirty days of the
mailing of the notice if he the holder so requests. If the
holder requests
a hearing, the board shall set a time and place for the hearing
and notify the holder. At the hearing, the holder may appear in
person, by his attorney, or by other representative, or he the
holder may
present his the holder's position in writing. He The
holder may present evidence and
examine witnesses appearing for or against him the holder. If
no hearing is
requested, the board may revoke the variance or certificate
without a hearing. The authority to revoke a variance or
certificate is in addition to any other means of zoning
enforcement provided by law.
In exercising the above-mentioned powers, such the board may,
in conformity with such sections, reverse or affirm, wholly or
partly, or modify the order, requirement, decision, or
determination appealed from and may make such order, requirement,
decision, or determination as ought to be made, and to that end
has all powers of the officer from whom the appeal is taken.
Sec. 303.141. (A) If a county board of zoning appeals considers conditional zoning certificates for activities that are permitted and regulated under Chapter 1514. of the Revised Code or activities that are related to making finished aggregate products, the board shall not consider or base its determination on matters that are regulated by any federal, state, or local agency. However, the board may require as a condition of the approval of a conditional zoning certificate for such an activity compliance with any general standards contained in the zoning resolution that apply to all conditional uses that are provided for in the zoning resolution and, except as provided in division (C) of this section, may require any specified measure, including, but not limited to, one or more of the following:
(1) Inspections of nearby structures and water wells to determine structural integrity and water levels;
(2) Compliance with applicable federal, state, and local laws and regulations;
(3) Identification of specific roads in accordance with division (B) of this section to be used as the primary means of ingress to and egress from the proposed activity;
(4) Compliance with reasonable noise abatement measures;
(5) Compliance with reasonable dust abatement measures;
(6) Establishment of setbacks, berms, and buffers for the proposed activity;
(7) Establishment of a complaint procedure;
(8) Any other measure reasonably related to public health and safety.
(B)(1) For purposes of this section and section 519.141 of the Revised Code, and prior to the submission of an application for a conditional zoning certificate, an applicant shall send written notice to the county engineer of the applicant's intent to apply for a conditional zoning certificate. Not later than fourteen days after receipt of the written notice, the county engineer shall establish the time, date, and location of a meeting with the applicant and send written notice of the time, date, and location of the meeting to the applicant and to the fiscal officer of each township in which the proposed activity is to be located or expanded. At the meeting, the applicant shall explain the proposed location of the activity or expansion of an existing activity, the anticipated amount of aggregate material to be shipped by truck from the activity, and the anticipated primary market areas for the finished aggregate products leaving the activity.
Not later than thirty days after the meeting with the applicant, the county engineer shall submit a written recommendation of specific roads to be used as the primary means of ingress to and egress from the proposed activity to the board of county commissioners. In making the recommendation, the county engineer shall consider all of the following:
(a) The ability of each road to handle the anticipated recurring loads resulting from trucks entering and leaving the proposed activity;
(b) The present condition of each road;
(c) The amount of residential development that exists along each road;
(d) The most direct route from the proposed activity to a state highway unless another route is more capable of accommodating the anticipated recurring loads and will result in fewer conflicts with existing residential development.
(2) At the next regularly scheduled meeting of the board of county commissioners after receipt of a written recommendation under division (B)(1) of this section, the board shall adopt the recommendation or adopt the recommendation with modifications. If the board adopts the recommendation with modifications, the board shall base the modifications only on the criteria established in divisions (B)(1)(a) to (d) of this section. The board may adopt the recommendation with modifications only by a unanimous vote. The board shall send written notice of the adoption of the recommendation or the recommendation with modifications to the county board of zoning appeals.
(3) For purposes of this section and section 519.141 of the Revised Code, a decision of a board of county commissioners under division (B)(2) of this section is final ten days after the board adopts the recommendation or the recommendation with modifications unless the applicant or an affected board of township trustees submits written notice of appeal within ten days after the board's action. If the board of county commissioners receives a timely written notice of appeal, the board shall conduct an appeal hearing concerning its decision not later than fourteen days after receipt of the notice. If the board of county commissioners receives more than one timely written notice of appeal, the board may conduct one appeal hearing concerning all of the notices of appeal.
For purposes of an appeal hearing that is held under this division, the applicant or a board of township trustees that submitted written notice of appeal may present testimony for the board of county commissioners to consider concerning its decision under division (B)(2) of this section. At the hearing, the applicant or the board of township trustees may be represented by an attorney. A witness at the hearing shall testify under oath or affirmation, which any member of the board of county commissioners may administer. A witness at the hearing shall be subject to cross-examination.
Not later than fourteen days after the hearing, the board of county commissioners shall affirm its decision under division (B)(2) of this section or, based on the testimony at the hearing, modify its decision. The board shall send written notice of its decision to the applicant, any board of township trustees that submitted written notice of appeal, and the county board of zoning appeals.
A decision of a board of county commissioners under this division is final unless vacated or modified upon judicial review.
(4) An applicant or a board of township trustees that submitted written notice of appeal under division (B)(3) of this section may appeal a decision of a board of county commissioners under that division to the court of common pleas of the county in which the activity is proposed to be located or expanded pursuant to section 2506.01 of the Revised Code.
(C) When granting a conditional zoning certificate, a county board of zoning appeals shall not require the identification of specific roads, as otherwise authorized in division (A)(3) of this section, and the identification of specific roads in accordance with division (B) of this section shall not apply, for any of the following:
(1) The transfer of unfinished aggregate material between facilities that are under the control of the same owner or operator;
(2) The loading or unloading of finished aggregate product within a ten-mile radius of a surface mining operation;
(3) The expansion of an existing surface mining operation when the specific road that is used as the primary means of ingress to and egress from the operation will be the same road that is used for that purpose after the expansion of the facility.
(D) The identification of specific roads in accordance with division (B) of this section to be used as the primary means of ingress to and egress from a proposed activity becomes effective only upon the granting of a conditional zoning certificate.
(E) As used in this section, "surface mining operation" has the same meaning as in section 1514.01 of the Revised Code.
Sec. 307.37. (A)
As used in division (B)(3) of this section, "proposed
new
construction" means a proposal to erect, construct, repair, alter,
redevelop, or maintain a single-family, two-family, or
three-family dwelling or any structure that is regulated by the Ohio building code.
(B)(1)(a) The board of county commissioners may adopt local residential building regulations governing residential buildings as defined in section 3781.06 of the Revised Code, to be enforced within the unincorporated area of the county or within districts the board establishes in any part of the unincorporated area. No local residential building regulation shall differ from the state residential building code the board of building standards establishes pursuant to Chapter 3781. of the Revised Code unless the regulation addresses subject matter not addressed by the state residential building code or is adopted pursuant to section 3781.01 of the Revised Code.
(b) The board of county commissioners may, by resolution, adopt, administer, and enforce within the unincorporated area of the county, or within districts the board establishes in the unincorporated area, an existing structures code pertaining to the repair and continued maintenance of structures and the premises of those structures provided that the existing structures code governs subject matter not addressed by, and is not in conflict with, the state residential building code adopted pursuant to Chapter 3781. of the Revised Code. The board may adopt by incorporation by reference a model or standard code prepared and promulgated by the state, any agency of this state, or any private organization that publishes a recognized or standard existing structures code.
(c) The board shall assign the duties of administering and enforcing any local residential building regulations or existing structures code to a county officer or employee who is trained and qualified for those duties and shall establish by resolution the minimum qualifications necessary to perform those duties.
(2) The board may adopt regulations for
participation in the national flood insurance program established
in the
"Flood Disaster Protection Act of 1973," 87 Stat. 975, 42
U.S.C.A. 4002, as amended, defined in section 1521.01 of the Revised Code and regulations adopted for the
purposes of section 1506.04 or 1506.07 of the Revised Code
governing the prohibition, location, erection, construction,
redevelopment, or floodproofing of new buildings or structures,
substantial improvements to existing buildings or structures, or
other development in unincorporated territory within flood hazard
areas identified under the
"Flood Disaster Protection Act of
1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, or within
Lake
Erie coastal erosion areas identified
under section 1506.06 of
the
Revised Code, including, but not limited to, residential,
commercial, institutional, or industrial buildings or structures
or other permanent structures, as
defined in section
1506.01 of the Revised Code. Rules adopted under division
(B)(2)
of this section shall not conflict with the state residential and nonresidential
building codes adopted pursuant to section 3781.10 of the Revised Code.
(3)(a)
A board may adopt regulations that
provide
for a review of the specific effects of a proposed new
construction on
existing surface or
subsurface drainage.
The
regulations may
require reasonable drainage mitigation and
reasonable alteration of a
proposed new construction before a
building
permit is issued in order
to prevent or
correct any
adverse
effects that the proposed new construction may
have
on
existing
surface or subsurface drainage. The regulations shall not be inconsistent with, more stringent than, or broader in scope than standards adopted by the natural resource conservation service in the United States department of agriculture concerning drainage or rules adopted by the environmental protection agency for reducing, controlling, or mitigating storm water runoff from construction sites, where applicable. The regulations shall allow a person who is registered under Chapter 4703. or 4733. of the Revised Code to prepare and submit relevant plans and other documents for review, provided that the person is authorized to prepare the plans and other documents pursuant to the person's registration.
(b) If regulations are adopted under division (B)(3) of this
section, the board shall specify in the regulations a procedure
for the review of the specific effects of a proposed
new
construction on
existing surface or subsurface drainage. The
procedure shall
include at a minimum all of the following:
(i) A meeting at which the proposed new construction shall
be
examined for those specific effects. The meeting shall be held
within
thirty days after an application for a building permit is
filed or a review is requested
unless the applicant agrees in writing to extend that time
period
or to postpone the meeting to another date, time, or place.
The
meeting shall be scheduled within five days after an
application
for a building permit is filed or a review is requested.
(ii) Written notice of the date, time, and place of that
meeting, sent by regular mail to the applicant. The written
notice shall be mailed at least seven days before the scheduled
meeting date.
(iii) Completion of the review by the board of county
commissioners not later than thirty days after the application for
a building permit is filed or a review is requested unless the applicant has agreed in
writing to extend that time period or postpone the meeting to a
later time, in which case the review shall be completed not later
than two days after the date of the meeting. A complete review
shall include the issuance of any order of the board of county
commissioners regarding necessary reasonable drainage mitigation
and
necessary reasonable alterations to the proposed
new
construction
to prevent or correct any adverse effects on existing
surface
or
subsurface drainage so long as those alterations comply with the state residential and nonresidential building codes adopted pursuant to section 3781.10 of the Revised Code. If the review is not completed
within the
thirty-day period or an extended or postponed period
that the
applicant has agreed to, the proposed new construction
shall be
deemed
to have no adverse effects on existing surface or
subsurface
drainage, and those effects shall not be a valid basis
for the denial of a
building permit.
(iv) A written statement, provided to the applicant at the
meeting or in an order for alterations to a proposed new
construction,
informing the applicant of the right to seek
appellate review of
the denial of a building permit under division
(B)(3)(b)(iii) of
this section by filing a petition in accordance
with Chapter 2506.
of the Revised Code.
(c) The regulations may authorize the board, after obtaining the advice of the county engineer, to enter into
an agreement with the county
engineer or another
qualified
person
or
entity to carry out
any necessary
inspections and make
evaluations about what, if any,
alterations
are
necessary to
prevent or correct any adverse
effects that a
proposed
new
construction may
have on existing
surface or
subsurface drainage.
(d) Regulations adopted pursuant to division (B)(3) of this
section shall not apply to any property that a platting authority has approved under section 711.05, 711.09, or 711.10 of the Revised Code and shall not govern the same subject matter as the state residential or nonresidential building codes adopted pursuant to section 3781.10 of the Revised Code.
(e) As used in division (B)(3) of this section, "subsurface
drainage" does not include a household sewage treatment system as
defined in section 3709.091 of the Revised Code.
(C)(1) Any regulation, code, or amendment may be adopted under this
section only after a public hearing at not fewer than two regular or special
sessions of the board. The board shall cause notice of any public hearing to be published in
a
newspaper of general circulation in the county once a week for the two consecutive weeks immediately preceding the hearing, except that if the board posts the hearing notice on the board's internet site on the world wide web, the board need publish only one notice of the hearing in a newspaper of general circulation if that newspaper notice includes the board's internet site and a statement that the notice is also posted on the internet site. Any notice of a
public hearing shall include the time, date, and place of the hearing.
(2) Any proposed
regulation, code, or amendment shall be made available to
the public at the board office. The regulations or amendments
shall take effect on the thirty-first day following the date of
their adoption.
(D)(1) No person shall violate any regulation, code, or amendment the
board
adopts under sections 307.37 to 307.40 of the Revised Code.
(2) Each day during which an illegal location, erection,
construction, floodproofing, repair, alteration, development,
redevelopment, or maintenance continues may be considered a
separate offense.
(E) Regulations
or amendments the board adopts pursuant to this section, with the exception of an existing structures code, do
not
affect buildings or structures that exist or on
which
construction has begun on or before the date the board adopts the regulation
or
amendment.
(F)(1) The board may create a building
department and employ the
personnel
it determines
necessary to administer and enforce any local residential building regulations or existing structures code the board adopts pursuant to this section. The building department may enforce the state residential and nonresidential building codes adopted pursuant to Chapter 3781. of the Revised Code if the building department is certified pursuant to section 3781.10 of the Revised Code to enforce those codes.
(2) The board may direct the building
department, upon certification, to exercise enforcement authority and to accept and
approve plans pursuant to sections 3781.03 and 3791.04 of the
Revised Code for the class of building for which the department and personnel are certified.
Sec. 519.14. The township board of zoning appeals may:
(A) Hear and decide appeals where it is alleged there is
error in any order, requirement, decision, or determination made
by an administrative official in the enforcement of sections
519.02 to 519.25 of the Revised Code, or of any resolution
adopted pursuant thereto;
(B) Authorize, upon appeal, in specific cases, such
variance from the terms of the zoning resolution as will not be
contrary to the public interest, where, owing to special
conditions, a literal enforcement of the resolution will result
in unnecessary hardship, and so that the spirit of the resolution
shall be observed and substantial justice done;
(C) Grant conditional zoning certificates for the use of
land, buildings, or other structures if such certificates for
specific uses are provided for in the zoning resolution. If the board considers conditional zoning certificates for activities that are permitted and regulated under Chapter 1514. of the Revised Code or activities that are related to making finished aggregate products, the board shall proceed in accordance with section 519.141 of the Revised Code.
(D) Revoke an authorized variance or conditional zoning
certificate granted for the extraction of minerals, if any
condition of the variance or certificate is violated.
The board shall notify the holder of the variance or
certificate by certified mail of its intent to revoke the
variance or certificate under division (D) of this section and of
his the holder's right to a hearing before the board, within
thirty days of
the mailing of the notice, if he the holder so requests. If the
holder
requests a hearing, the board shall set a time and place for the
hearing and notify the holder. At the hearing, the holder may
appear in person, by his the holder's attorney, or by other
representative, or he the holder
may present his the holder's position in writing. He
The holder may present evidence and
examine witnesses appearing for or against him the holder. If
no hearing is
requested, the board may revoke the variance or certificate
without a hearing. The authority to revoke a variance or
certificate is in addition to any other means of zoning
enforcement provided by law.
In exercising the above-mentioned powers, such the board may,
in conformity with such sections, reverse or affirm, wholly or
partly, or may modify the order, requirement, decision, or
determination appealed from, and may make such order,
requirement, decision, or determination as ought to be made, and
to that end has all powers of the officer from whom the appeal is
taken.
Sec. 519.141. (A) If a township board of zoning appeals considers conditional zoning certificates for activities that are permitted and regulated under Chapter 1514. of the Revised Code or activities that are related to making finished aggregate products, the board shall not consider or base its determination on matters that are regulated by any federal, state, or local agency. However, the board may require as a condition of the approval of a conditional zoning certificate for such an activity compliance with any general standards contained in the zoning resolution that apply to all conditional uses that are provided for in the zoning resolution and, except as provided in division (C) of this section, may require any specified measure, including, but not limited to, one or more of the following:
(1) Inspections of nearby structures and water wells to determine structural integrity and water levels;
(2) Compliance with applicable federal, state, and local laws and regulations;
(3) Identification of specific roads in accordance with division (B) of section 303.141 of the Revised Code to be used as the primary means of ingress to and egress from the proposed activity;
(4) Compliance with reasonable noise abatement measures;
(5) Compliance with reasonable dust abatement measures;
(6) Establishment of setbacks, berms, and buffers for the proposed activity;
(7) Establishment of a complaint procedure;
(8) Any other measure reasonably related to public health and safety.
(B)(1) Prior to the submission of an application for a conditional zoning certificate, an applicant, in accordance with division (B) of section 303.141 of the Revised Code, shall send written notice to the county engineer of the applicant's intent to apply for a conditional zoning certificate. The county engineer and the applicable board of county commissioners shall proceed in accordance with divisions (B)(1) to (3) of section 303.141 of the Revised Code. As provided in division (B)(3) of that section, the applicant or an affected board of township trustees may submit written notice of appeal regarding a decision of the board of county commissioners under division (B)(2) of that section.
(2) An applicant or a board of township trustees that submitted written notice of appeal under division (B)(3) of section 303.141 of the Revised Code may appeal a decision of a board of county commissioners under that division to the court of common pleas of the county in which the activity is proposed to be located or expanded pursuant to section 2506.01 of the Revised Code.
(C) When granting a conditional zoning certificate, a township board of zoning appeals shall not require the identification of specific roads, as otherwise authorized in division (A)(3) of section 303.141 of the Revised Code, and the identification of specific roads in accordance with division (B) of that section shall not apply, for any of the following:
(1) The transfer of unfinished aggregate material between facilities that are under the control of the same owner or operator;
(2) The loading or unloading of finished aggregate product within a ten-mile radius of a surface mining operation;
(3) The expansion of an existing surface mining operation when the specific road that is used as the primary means of ingress to and egress from the operation will be the same road that is used for that purpose after the expansion of the facility.
(D) The identification of specific roads in accordance with this section and division (B) of section 303.141 of the Revised Code to be used as the primary means of ingress to and egress from a proposed activity becomes effective only upon the granting of a conditional zoning certificate.
(E) As used in this section, "surface mining operation" has the same meaning as in section 1514.01 of the Revised Code.
Sec. 1501.011. (A) The department of natural resources has the
following powers in addition to its other
powers: to prepare, or contract to be prepared, surveys, general and detailed
plans,
specifications, bills of materials, and estimates of cost for, to
enter into contracts for, and to supervise the performance of
labor, the furnishing of materials, or the construction, repair,
or maintenance of any projects, improvements, or buildings, on
lands and waters under the control of the department, as may be
authorized by legislative appropriations or any other funds
available therefor.
(B) Except in cases of extreme public exigency or emergency as provided in division (E) of this section,
the director of natural resources shall publish notice in a
newspaper of general circulation in the county region where the contract
activity for which bids are submitted is to be let occur and in any other newspapers that the director determines are appropriate, at least once each week for four consecutive weeks,
the last publication to be at least eight days preceding the day
for opening bids, seeking proposals on each contract for the
performance of labor, the furnishing of materials, or the
construction, repair, or maintenance of projects, improvements,
or buildings, as necessary for compliance with provisions of the
act to make appropriations for capital improvements or the act to
make general appropriations, and he the director may also
advertise in such trade journals as will afford adequate information to the
public
of the terms of the contract and the nature of the work to be
performed, together with the time of the letting and place and
manner of receiving proposals, and the places where plans and
specifications are on file. A proposal is invalid and shall not
be considered by the department unless the form for proposals
specified by the department is used without change, alteration,
or addition.
(C) Each bidder for a contract for the performance of labor,
the furnishing of materials, or the maintenance, construction,
demolition, alteration, repair, or reconstruction of an
improvement shall meet the requirements of section 153.54 of the
Revised Code. The director may require each bidder to furnish
him under oath, upon such printed forms as he the
director may prescribe,
detailed information with respect to his the bidder's financial
resources, equipment, past performance record, organization personnel, and
experience, together with such other information as the director
considers necessary.
(D) The director shall award the contract to the lowest
responsive and responsible bidder in accordance with section
9.312 of the Revised Code. The award shall be made within a
reasonable time after the date on which the bids were opened, and
the successful bidder shall enter into a contract within ten days
from the date he the successful bidder is notified that
he the contract has been awarded the contract, or within any
longer period which that the director
considers necessary. When an exigency occurs, or there is
immediate danger of such occurrence, which would materially
impair the construction or completion of any project,
improvement, or building, the director may make necessary plan
and specification change orders. Nothing in this section shall
preclude the rejection of any bid the acceptance of which is not
in the best interests of the state. No contract shall be entered
into until the bureau of workers' compensation has certified that
the corporation, partnership, or person awarded the contract has
complied with Chapter 4123. of the Revised Code and until, if the
bidder awarded the contract is a foreign corporation, the
secretary of state has certified that such the corporation is
authorized to do business in this state, and until, if the bidder
so awarded the contract is a person or partnership nonresident of
this state, such the person or partnership has filed with the
secretary of state a power of attorney designating the secretary
of state as its agency for the purpose of accepting service of
process.
The director may enter (E) With respect to the director's entering into a contract without advertising
for and receiving bids for the performance of labor, the
furnishing of materials, or the construction, repair, or
maintenance of any projects, improvements, or buildings on lands
and waters under the control of the department, both of the following apply:
(1) The director is not required to advertise for and receive bids if the total estimated cost of which the contract
is less than ten twenty-five thousand dollars.
(2) The director is not required to advertise for bids, regardless of the cost of the contract, if the contract involves an exigency that concerns the public health, safety, or welfare or addresses an emergency situation in which timeliness is crucial in preventing the cost of the contract from increasing significantly. Regarding such a contract, the director may solicit bids by sending a letter to a minimum of three contractors in the region where the contract is to be let or by any other means that the director considers appropriate.
(F) The director may insert in any contract awarded under this
section a clause providing for value engineering change
proposals, under which a contractor who has been awarded a
contract may propose a change in the plans and specifications of
the project that saves the department time or money on the
project without impairing any of the essential functions and
characteristics of the project such as service life,
reliability, economy of operation, ease of maintenance, safety,
and necessary standardized features. If the director adopts the
value engineering proposal, the savings from the proposal shall
be divided between the department and the contractor according
to guidelines established by the director, provided that the contractor shall
receive at least fifty per cent of the savings from the proposal. The
adoption of a
value engineering proposal does not invalidate the award of the
contract or require the director to rebid the project.
(G) When in the opinion of the department the work under any
contract made under this section or any law of the state is
neglected by the contractor, the work completed is deficient in quality or materials, or such the work is not prosecuted with
the diligence and force specified or intended in the contract,
the department may make requisition upon require the contractor for such
additional specific force or materials to be brought into the
work under such contract or to remove improper materials from the
grounds as in their judgment the contract and its faithful
fulfillment requires. Not less than five days' notice in writing
of such action shall be served upon the contractor or his agent in charge of the work to provide, at no additional expense to the department, any additional labor and materials that are necessary to complete the improvements at the level of quality and within the time of performance specified in the contract. Procedures concerning such a requirement together with its format shall be specified in the contract. If the contractor fails to
comply with
such requisition the requirement within fifteen days the period specified in the contract, the department may employ
upon take action to complete the work the additional force, or supply the special
materials or such part of either as it considers
proper, and may
remove improper materials from the grounds through other means, up to and including termination of the contract.
(H) When an exigency occurs or there is immediate danger of an exigency that would materially impair the successful bidding, construction, or completion of a project, improvement, or building, the director may revise related plans and specifications as necessary to address the exigency through the issuance of an addendum prior to the opening of bids or, in accordance with procedures established in section 153.62 of the Revised Code, through the issuance of a change order after the contract has been awarded.
Sec. 1501.02. The director of natural resources may enter
into cooperative or contractual arrangements with the United
States or any agency or department thereof, other states, other
departments and subdivisions of this state, or any other person
or body politic for the accomplishment of the purposes for which
the department of natural resources was created. The director
shall cooperate with, and not infringe upon the rights of, other
state departments, divisions, boards, commissions, and agencies,
political subdivisions, and other public officials and public and
private agencies in the conduct of conservation plans and other
matters in which the interests of the department of natural
resources and the other departments and agencies overlap.
The director, by mutual agreement, may utilize the
facilities and staffs of state-supported educational institutions
in order to promote the conservation and development of the
natural resources of the state.
All funds made available by the United States for the
exclusive use of any division shall be expended only by
that
division and only for the purposes for which the funds were
appropriated. In accepting any such funds for the acquisition of
lands or interests in them to be used for open-space
purposes
including park, recreational, historical, or scenic purposes, or
for conservation of land or other natural resources, the director
may agree on behalf of the state that lands or interests in
them
acquired in part with those funds shall not be converted to
other
uses except pursuant to further agreement between the director
and the United States.
The director shall adopt rules in accordance with Chapter 119.
of the Revised Code establishing guidelines for entering
into and may enter into a cooperative or contractual arrangement
with any individual, agency, organization, or business entity to
assist the department in funding a program or project of the
department, its divisions, or its offices, through securing, without
limitation,
donations, sponsorships, marketing, advertising, and
licensing arrangements. State moneys appropriated to the
department shall continue to be used as authorized and shall not
be redirected to any other purpose as a result of financial
savings resulting from the department's entering into the
cooperative or contractual
arrangement.
The director may enter into a mutual aid compact with the
chief law enforcement officer of any federal agency, state
agency, county, township,
municipal corporation, or other political subdivision or
with the superintendent of the state highway
patrol to enable forest officers, preserve officers, park officers, and state watercraft
officers and the law enforcement officers of the respective federal or
state agencies or
political subdivisions or the state highway patrol to assist each
other in the provision of police services within each other's
jurisdiction.
Sec. 1501.07. The department of natural resources through
the division of parks and recreation may plan, supervise,
acquire, construct, enlarge, improve, erect, equip, and furnish
public service facilities such as inns, lodges, hotels, cabins cottages,
camping sites, scenic trails, picnic sites, restaurants,
commissaries, golf courses, boating and bathing facilities, and
other similar facilities in state parks reasonably necessary and
useful in promoting the public use of state parks under its
control and may purchase lands or interests in lands in the name
of the state necessary for such those purposes.
The chief of the division of parks and recreation shall
administer state parks, establish rules, fix fees and charges for
admission to parks and for the use of public service facilities
therein, establish rentals for the lease of lands or interests
therein within a state park the chief is authorized by
law to
lease, and exercise all powers of the chief, in
conformity with
all covenants of the director of natural resources in or with
respect to state park revenue bonds and trust agreements securing
such bonds and all terms, provisions, and conditions of such
bonds and trust agreements. In the administration of state parks
with respect to which state park revenue bonds are issued and
outstanding, or any part of the moneys received from fees and
charges for admission to or the use of facilities, from rentals for
the lease of lands or interests or facilities therein, or for the
lease of public service facilities are pledged for any such
bonds, the chief shall exercise the powers and perform the duties
of the chief subject to the control and approval of
the
director. The acquisition of such lands or interests therein and
facilities shall be planned with regard to the needs of the
people of the state and with regard to the purposes and uses of
such state parks and, except for facilities constructed in
consideration of a lease under section 1501.012 of the Revised
Code, shall be paid for from the state park fund created in
section 1541.22 of the Revised Code or from the proceeds of the sale of bonds
issued under sections 1501.12 to 1501.15 of the
Revised Code. Sections 125.81 and 153.04 of the Revised Code,
insofar as they require a certification by the chief of the
division of capital planning and improvement, do not apply to the
acquisition of lands or interests therein and public service
facilities to be paid for from the proceeds of bonds issued under
sections 1501.12 to 1501.15 of the Revised Code.
As used in sections 1501.07 to 1501.14 of the Revised Code,
state parks are all of the following:
(A) State reservoirs described and identified in section
1541.06 of the Revised Code;
(B) All lands or interests therein which that are denominated
as state parks in division (B) of section 1531.12 and in section
1541.083 of the Revised Code;
(C) All lands or interests therein of the state identified
as administered by the division of parks and recreation in the
"inventory of state owned lands administered by department of
natural resources as of June 1, 1963," as recorded in the journal
of the director, which inventory was prepared by the real estate
section of the department and is supported by maps on file in the division
of real estate and land management;
(D) All lands or interests in lands of the state hereafter
designated as state parks in the journal of the director with the
approval of the recreation and resources
council.
All such state parks shall be exclusively under the control
and administration of the division of parks and recreation. With
the approval of the council, the director by order
may remove
from the classification as state parks any of the lands or
interests therein so classified by divisions (C) and (D) of this
section, subject to the limitations, provisions, and conditions
in any order authorizing state park revenue bonds or in any
trust agreement securing such bonds. Lands or interests therein
so removed shall be transferred to other divisions of the
department for administration or may be sold as provided by law. Proceeds of
any sale shall be used or transferred as provided in
the order authorizing state park revenue bonds or in the trust
agreement and, if no such provision is made, shall be transferred
to the state park fund. State parks do not include any lands or
interest in lands of the state administered jointly by two or
more divisions of the department. The designation of lands as
state parks under divisions (A) to (D) of this section shall be
conclusive, and those lands shall be under the control of and
administered by the division of parks and recreation. No order
or proceeding designating lands as state parks or park purchase
areas shall be subject to any appeal or review by any officer,
board, commission, or court.
Sec. 1501.23. The department of natural resources may
utilize the services of
volunteers to implement clean-up and
beautification programs or any other
programs that accomplish any
of the purposes of the department. The director
of natural
resources shall approve all volunteer programs and may recruit,
train, and supervise the services of community volunteers or
volunteer groups
for volunteer programs. In accordance with state guidelines, the director may reimburse volunteers for necessary and appropriate expenses, such as travel expenses, that they incur in the course of their volunteer service to the department. The director may
designate volunteers in a volunteer
program as state employees for
the purpose of motor vehicle accident liability
insurance under
section 9.83 of the Revised Code, for the purpose of immunity
under section 9.86 of the Revised Code, and for the purpose of
indemnification from liability incurred in the performance of
their duties
under section 9.87 of the Revised Code.
Sec. 1501.32. (A) No person shall divert more than one
hundred thousand gallons per day of any waters of the state out
of the Lake Erie or Ohio river drainage basins to another basin
without having a permit to do so issued by the director of
natural resources. An application for such a permit shall be
filed with the director upon such forms as he the director
prescribes. The application shall state the quantity of water to be diverted,
the purpose of the diversion, the life of the project for which the
water is to be diverted, and such other information as the
director may require by rule. Each application shall be
accompanied by a nonrefundable fee of one thousand dollars, which
shall be credited to the water management fund, which is hereby
created.
(B) The director shall not approve a permit application
filed under this section if he the director determines that any
of the following apply applies:
(1) During the life of the project for which the water is
to be diverted, some or all of the water to be diverted will be
needed for use within the basin;.
(2) The proposed diversion would endanger the public
health, safety, or welfare;.
(3) The applicant has not demonstrated that the proposed
diversion is a reasonable and beneficial use and is necessary to
serve the applicant's present and future needs;.
(4) The applicant has not demonstrated that reasonable
efforts have been made to develop and conserve water resources in
the importing basin and that further development of those
resources would engender overriding, adverse economic, social, or
environmental impacts;.
(5) The proposed diversion is inconsistent with regional
or state water resources plans;.
(6) The proposed diversion, alone or in combination with
other diversions and water losses, will have a significant
adverse impact on in-stream uses or on economic or ecological
aspects of water levels.
The director may hold public hearings upon any application
for a permit.
(C) Whenever the director receives an application under
this section to divert water out of the Lake Erie drainage basin,
he the director shall notify the governors and premiers of the
other great lakes states and provinces, the appropriate water management
agencies of those states and provinces, and, when appropriate,
the international joint commission and shall solicit their
comments and concerns regarding the application. In the event of
an objection to the proposed diversion, the director shall
consult with the affected great lakes states and provinces to
consider the issues involved and seek mutually agreeable
recommendations. Before rendering a decision on the permit
application, the director shall consider the concerns, comments,
and recommendations of the other great lakes states and provinces
and the international joint commission, and, in accordance with
section 1109 of the "Water Resources Development Act of 1986,"
100 Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall not
approve a permit application for any diversion to which that
section pertains unless that diversion is approved by the
governor of each great lakes state as defined in section 1109(c)
of that act.
(D) The director shall determine the period for which each
permit approved under this section will be valid and specify the
expiration date, but in no case shall a permit be valid beyond
the life of the project as stated in the application.
The director shall establish rules providing for the
transfer of permits. A permit may be transferred on the
conditions that the quantity of water diverted not be increased
and that the purpose of the diversion not be changed.
(E)(1) Within a time established by rule, the director
shall do one of the following:
(a) Notify the applicant that an application he the applicant
filed under this section is approved or denied and, if denied, the
reason for denial;
(b) Notify the applicant of any modification necessary to
qualify the application for approval.
(2) Any person who receives notice of a denial or
modification under division (E)(1) of this section is entitled to
a hearing under Chapter 119. of the Revised Code if the person
sends a written request for a hearing to the director within
thirty days after the date on which the notice is mailed or
otherwise provided to the applicant.
(F) The director shall revoke a permit under this section
without a prior hearing if he the director determines that the
quantity of water being diverted exceeds the quantity stated in the permit
application.
The director may suspend a permit if he the director determines
that the continued diversion of water will endanger the public health,
safety, or welfare. Before suspending a permit, the director
shall make a reasonable attempt to notify the permittee that he the
director intends to suspend the permit. If the attempt fails,
notification shall be given as soon as practicable following the
suspension. Within five days after the suspension, the director
shall provide the permittee an opportunity to be heard and to
present evidence that the continued diversion of water will not
endanger the public health, safety, or welfare.
If the director determines before the expiration date of a
suspended permit that the diversion of water can be resumed
without danger to the public health, safety, or welfare, he the
director shall, upon request of the permittee, reinstate the permit.
(G) Any six or more residents of this state may petition
the director for an investigation of a withdrawal of water
resources that they allege is in violation of a permit issued
under this section.
The petition shall identify the permittee and detail the
reasons why the petitioners believe that grounds exist for the
revocation or suspension of the permit under this section.
Upon receipt of the petition, the director shall send a
copy to the permittee and, within sixty days, make a
determination whether grounds exist for revocation or suspension
of the permit under this section.
(H) Each permittee shall submit to the director an
annual report containing such information as the director may
require by rule.
(I) The director shall issue a permit under division (A) of this section to any person who lawfully diverted more than one hundred thousand gallons per day of any waters of the state out of the Ohio river drainage basin during the calendar year ending October 14, 1984. A person who is eligible for a permit under this division shall file an application under division (A) of this section not later than one hundred eighty days after the effective date of this amendment.
A person who applies for a permit under this division need not pay the application fee that is otherwise required under division (A) of this section. In addition, divisions (B) to (H) of this section and rules adopted under section 1501.31 of the Revised Code do not apply to an application that is filed or a permit that is issued under this division.
Sec. 1502.01. As used in this chapter:
(A) "Litter" means garbage, trash, waste, rubbish, ashes,
cans, bottles, wire, paper, cartons, boxes, automobile parts,
furniture, glass, or anything else of an unsightly or unsanitary
nature thrown, dropped, discarded, placed, or deposited by a
person on public property, on private property not owned by the
person,
or in or on waters of the state unless one of the following
applies:
(1) The person has been directed to do so by a public
official as part of a litter collection drive;.
(2) The person has thrown, dropped, discarded, placed, or
deposited the material in a receptacle in a manner that prevented
its being carried away by the elements;.
(3) The person has been issued a permit or license
covering the material pursuant to Chapter 3734. or 6111. of the
Revised Code.
(B) "Recycling" means the process of collecting, sorting,
cleansing, treating, and reconstituting waste or other discarded
materials for the purpose of recovering and reusing the
materials.
(C) "Agency of the state" includes, but is not limited to,
an "agency" subject to Chapter 119. of the Revised Code and a
"state university or college" as defined in section 3345.12 of
the Revised Code.
(D) "Waste Source reduction" means activities that decrease the
initial production of waste materials at their point of origin.
(E) "Enterprise" means a business with its principal place
of business in this state and that proposes to engage in research
and development or recycling in this state.
(F) "Research and development" means inquiry,
experimentation, or demonstration to advance basic scientific or
technical knowledge or the application, adaptation, or use of
existing or newly discovered scientific or technical knowledge
regarding recycling, waste source reduction, or litter prevention.
(G) "Recyclables" means waste materials that are
collected, separated, or processed and used as raw materials or
products.
(H) "Recycling market development" means activities that
stimulate the demand for recycled products, provide for a
consistent supply of recyclables to meet the needs of recycling
industries, or both.
(I) "Solid waste management districts" means solid waste
management districts established under Chapter 343. of the
Revised Code.
(J) "Synthetic rubber" means produced or extended rubber and products made from a synthetic rubber base material originating from petrochemical feedstocks, including scrap tires, tire molds, automobile engine belts, brake pads and hoses, weather stripping, fittings, electrical insulation, and other molded objects and parts.
Sec. 1502.03. (A) The chief of the division of recycling and litter prevention
shall establish and implement statewide waste source reduction, recycling, recycling
market development, and litter prevention programs that include all of
the
following:
(1) The assessment of waste generation within the state and implementation of
waste source reduction practices;
(2) The implementation of recycling and recycling market development
activities and projects, including all of the following:
(a) Collection of recyclables;
(b) Separation of recyclables;
(c) Processing of recyclables;
(d) Facilitation and encouragement of the use of recyclables and products
made with recyclables;
(e) Education and training concerning recycling and products
manufactured with recyclables;
(f) Public awareness campaigns to promote recycling;
(g) Other activities and projects that promote recycling
and recycling market
development.
(3) Litter prevention assistance to enforce antilitter laws, educate the
public, and stimulate collection and containment of litter;
(4) Research and development regarding waste source
reduction, recycling, and litter prevention, including, without
limitation, research and development regarding materials or
products manufactured with recyclables.
(B) The chief, with the approval of the director of natural resources, may
enter into contracts or other agreements and may execute any instruments
necessary or incidental to the discharge of the chief's
responsibilities under this
chapter.
Sec. 1502.12. (A) There is hereby created in the state
treasury the scrap tire grant fund, consisting of moneys
transferred to the fund under section 3734.82 of the Revised Code.
The chief of the division of recycling and litter prevention, with
the approval of the director of natural resources, may make grants
from the fund for the purpose of supporting market development
activities for scrap tires and synthetic rubber from tire manufacturing processes and tire recycling processes. The grants may be awarded to
individuals, businesses, and entities certified under division (A)
of section 1502.04 of the Revised Code.
(B) Projects and activities that are eligible for grants
under this section shall be evaluated for funding using, at a
minimum, the following criteria:
(1) The degree to which a proposed project contributes to
the increased use of scrap tires generated in this state;
(2) The degree of local financial support for a proposed
project;
(3) The technical merit and quality of a proposed project.
Sec. 1504.02. (A) The division of real estate and land
management shall do all of the following:
(1) Except as otherwise provided in the Revised Code,
coordinate and conduct all real estate functions for the
department of natural resources, including at least acquisitions
by purchase, lease, gift, devise, bequest, appropriation, or
otherwise; grants through sales, leases, exchanges, easements,
and licenses; inventories of land; and other related general
management duties;
(2) Assist the department and its divisions by providing
department-wide planning, including at least master planning,
comprehensive planning, capital improvements planning, and
special purpose planning such as trails coordination and planning
under section 1519.03 of the Revised Code;
(3) On behalf of the director of natural resources,
administer the coastal management program established under
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised
Code and consult with and provide coordination among state
agencies, political subdivisions, the United States and agencies
of it, and interstate, regional, and areawide agencies to assist
the director in executing the director's duties and
responsibilities under
that program and to assist the department as the lead agency for
the development and implementation of the program;
(4) On behalf of the director, administer sections 1506.10
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code;
(5) Cooperate with the United States and agencies of it
and with political subdivisions in administering federal
recreation moneys under the "Land and Water Conservation Fund Act
of 1965," 78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare
and distribute the statewide comprehensive outdoor recreation
plan; and administer the state recreational vehicle fund created
in section 4519.11 of the Revised Code;
(6)(a) Support the geographic information system needs for
the department as requested by the director, which shall include,
but not be limited to, all of the following:
(i) Assisting in the training and education of department
resource managers, administrators, and other staff in the
application and use of geographic information system
technology;
(ii) Providing technical support to the department in the
design, preparation of data, and use of appropriate geographic
information system applications in order to help solve resource
related problems and to improve the effectiveness and efficiency
of department delivered services;
(iii) Creating, maintaining, and documenting spatial
digital data bases for the division and for other divisions as
assigned by the director.
(b) Provide information to and otherwise assist government
officials, planners, and resource managers in understanding land
use planning and resource management;
(c) Provide continuing assistance to local government
officials and others in natural resource digital data base
development and in applying and utilizing the geographic
information system for land use planning, current agricultural
use value assessment, development reviews, coastal management,
and other resource management activities;
(d) Coordinate and administer the remote sensing needs of
the department, including the collection and analysis of aerial
photography, satellite data, and other data pertaining to land,
water, and other resources of the state;
(e) Prepare and publish maps and digital data relating to
the state's land use and land cover over time on a local,
regional, and statewide basis;
(f) Locate and distribute hard copy maps, digital data,
aerial photography, and other resource data and information to
government agencies and the public.
(7) Prepare special studies and execute any other duties,
functions, and responsibilities requested by the director.
(B) The division may do any of the following:
(1) Coordinate such environmental matters concerning the
department and the state as are necessary to comply with the
"National Environmental Policy Act of 1969," 83 Stat. 852, 42
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251,
as amended, and regulations adopted under those acts;
(2) On behalf of the director, administer Chapter 1520. of
the Revised Code, except divisions (B) to (F) of section 1520.03
of the Revised Code, division (A) of section 1520.04 of the
Revised Code as it pertains to those divisions, and section
1520.05 of the Revised Code With the approval of the director, coordinate and administer compensatory mitigation grant programs and other programs for streams and wetlands as approved in accordance with certifications and permits issued under sections 401 and 404 of the "Federal Water Pollution Control Act", 91 Stat. 1566(1977), 33 U.S.C.A. 1251, as amended, by the environmental protection agency and the United States army corps of engineers;
(3) Administer any state or federally funded grant program
that is related to natural resources and recreation as considered
necessary by the director.
Sec. 1506.04. (A) No later than six months after the
effective date of this section September 15, 1989, each
county or
municipal corporation within whose jurisdiction is a coastal
flood hazard area shall either participate in and remain in
compliance with the national flood insurance program established
in the "Flood Disaster Protection Act of 1973," 87 Stat. 975, 42
U.S.C.A. 4002, as amended, or shall adopt resolutions or
ordinances governing the coastal flood hazard area that meet or
exceed the standards required for participation in the regular
phase of the national flood insurance program.
(B) If the director of natural resources determines at any
time that a county or municipal corporation that is participating
in the national flood insurance program as described in division
(A) of this section or has adopted resolutions or ordinances
under that division (A) of this section is not in compliance with that program or
those resolutions or ordinances, as applicable, he the director
shall so notify the legislative authority of the county or municipal
corporation and shall also notify the legislative authority that
it may respond to his the determination in accordance with the
procedure for doing so established by rules adopted under section
1506.02 of the Revised Code. If after considering the
legislative authority's response the director determines that the
county or municipal corporation is still not in compliance with
the national flood insurance program or resolutions or ordinances
adopted under division (A) of this section, as applicable, he the
director may request the attorney general in writing to, and the attorney
general shall, bring an action for appropriate relief in a court
of competent jurisdiction against the county or municipal
corporation.
(C) The attorney general, upon the written request of the
director, shall bring an action for appropriate relief in a court
of competent jurisdiction against any development that meets both
of the following criteria:
(1) Is located in a county or municipal corporation that
is not in compliance with division (A) of this section;
(2) Is not in compliance with the standards of the
national flood insurance program established in the "Flood
Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002,
as amended.
As used in this division, "development" means any artificial
change to improved or unimproved real estate, including, without
limitation, the construction of buildings and other structures
and mining, dredging, filling, grading, paving, excavation, and
drilling operations.
(D) This section does not apply to any permits or
approvals issued by any state agency prior to the effective date
of rules adopted under section 1506.02 of the Revised Code for
the implementation of this section.
(E) As used in this section, "national flood insurance program" and "development" have the same meanings as in section 1521.01 of the Revised Code.
Sec. 1507.01. There is hereby created in the department of
natural resources the division of engineering to be administered
by the chief engineer of the department, who shall be a
professional engineer registered under Chapter 4733. or a professional architect certified under Chapter 4703. of the
Revised Code. The chief engineer shall do all of the following:
(A) Administer this chapter;
(B) Provide engineering, architectural, land surveying,
and
related administrative and maintenance support services to
the
other divisions in the department;
(C) Upon request of the director of natural resources,
implement the department's capital improvement program and
facility maintenance projects, including all associated
engineering, architectural, design, contracting, surveying,
inspection, and management responsibilities and requirements;
(D) With the approval of the director, act as contracting
officer in departmental engineering, architectural, surveying,
and
construction matters regarding capital improvements except
for
those matters otherwise specifically provided for in law;
(E)
Provide engineering support for the coastal management
program established under Chapter 1506. of the Revised Code;
(F) Coordinate the department's roadway maintenance
program
with the department of transportation pursuant to section
5511.05
of the Revised Code and maintain the roadway inventory of
the
department of natural resources;
(G) Coordinate the department's projects, programs,
policies, procedures, and activities with the United States army
corps of engineers;
(H) Subject to the approval of the director, employ
professional and technical assistants and such other employees as
are necessary for the performance of the activities required or
authorized under this chapter, other work of the division, and
any
other work agreed to under working agreements or contractual
arrangements; prescribe their duties; and fix their compensation
in accordance with such schedules as are provided by law for the
compensation of state employees.
Sec. 1510.04. (A) Independent producers in this state may present the
technical advisory council with a petition signed by the lesser of one hundred
or ten per cent of all such producers requesting that the council hold a
referendum in accordance with section 1510.05 of the Revised Code to establish
a marketing program for oil and natural gas or to amend an existing program.
(B) At the time of presentation of the petition to the council under division
(A) of this section, the petitioners also shall present the proposed program
or amendment, which shall include all of the following:
(1) The rate of assessment to be made on the production of oil and natural
gas in this state, which shall not exceed one cent five cents per each gross barrel of
oil and one-tenth of one cent per thousand cubic feet of natural gas;
(2) Terms, conditions, limitations, and other qualifications for assessment;
(3) Procedures to refund the assessment.
(C) Before making a decision under this division to approve or disapprove a
proposed program or amendment, the council shall publish in at least two
appropriate periodicals designated by the council a notice that the program or
amendment has been proposed and informing interested persons of the procedures
for submitting comments regarding the proposal. After publishing the notice,
the council shall provide interested persons with a copy of the proposed
program or amendment and an opportunity to comment on the proposed program or
amendment for thirty days after the publication of the notice. The
petitioners may make changes to the proposed program or amendment based upon
the comments received. The council may make technical changes to the proposal
to ensure compliance with this chapter. Subsequent to any changes made by the
petitioners or any technical changes made by the council to a proposed program
or amendment, the council may approve or disapprove the proposed program or
amendment.
(D) If the council approves the proposed program or amendment, with any
changes made under division (C) of this section, the council shall hold a
referendum in accordance with section 1510.05 of the Revised Code to establish
a marketing program for oil and natural gas or to amend an existing program.
Sec. 1511.021. (A) Any person who owns or operates
agricultural land or a concentrated animal feeding operation may
develop and operate under an operation and management plan
approved by the chief of the division of soil and water
conservation under section 1511.02 of the Revised Code or by the
supervisors of the local soil and water conservation district
under section 1515.08 of the Revised Code.
(B) Any person who wishes to make a complaint regarding
nuisances involving agricultural pollution may do so
only orally or by
submitting a written, signed, and dated complaint to the
chief or
to the chief's designee. After receiving an oral complaint, the chief or the chief's designee may cause an investigation to be conducted to determine whether agricultural pollution has occurred or is imminent. After receiving a written, signed, and dated complaint, the chief or the chief's designee shall cause such an investigation to be conducted.
(C) In a private civil action for nuisances involving
agricultural pollution, it is an affirmative defense if the
person
owning, operating, or otherwise responsible for
agricultural land
or a concentrated animal feeding operation is
operating under and
in substantial compliance with an approved
operation and
management plan developed under division (A) of
this section, with
an operation and management plan developed by
the chief under
section 1511.02 of the Revised Code or by the
supervisors of the
local soil and water conservation district
under section 1515.08
of the Revised Code, or with an operation
and management plan
required by an order issued by the chief
under division (G) of
section 1511.02 of the Revised Code.
Nothing in this section is in
derogation of the authority granted
to the chief in division (E)
of section 1511.02 and in section
1511.07 of the Revised Code.
Sec. 1513.01. As used in this chapter:
(A) "Approximate original contour" means that surface
configuration achieved by backfilling and grading of a mined area
so that the reclaimed area, including any terracing or access
roads, closely resembles the general surface configuration of the
land prior to mining and blends into and complements the drainage
pattern of the surrounding terrain, with all highwalls and spoil
piles eliminated; water impoundments may be permitted where the
chief of the division of mineral resources
management
determines that they are in compliance
with division (A)(8)
of section 1513.16 of the Revised Code.
(B) "Coal mining and reclamation operations" means coal
mining operations and all activities necessary and incident to
the reclamation of such operations.
(C) "Degrees" means inclination from the horizontal.
(D) "Deposition of sediment" means placing or causing to
be placed in any waters of the state, in stream beds on or off
the land described in an application for a coal mining permit, or
upon other lands any organic or inorganic matter that settles or
is capable of settling to the bottom of the waters and onto the
beds or lands.
(E) "Imminent danger to the health and safety of the
public" means the existence of any condition or practice or
violation of a permit or other requirement of this chapter or rule adopted
thereunder in a coal mining and
reclamation operation, which condition, practice, or violation
could reasonably be expected to cause substantial physical harm
to persons outside the permit area before the condition,
practice, or violation can be abated. A reasonable expectation
of death or serious injury before abatement exists if a rational
person subjected to the same conditions or practices giving rise
to the peril would not expose oneself to the
danger during the time necessary for abatement.
(F) "Lands eligible for remining" means those lands that otherwise would be
eligible for expenditures under division (C)(1) of section 1513.37 of the
Revised Code.
(G) "Mountain top removal" means a coal mining operation
that will remove an entire coal seam or seams running through the
upper fraction of a mountain, ridge, or hill by removing all of
the overburden and creating a level plateau with no highwalls
remaining instead of restoring to approximate original contour,
and is capable of supporting postmining uses in
accordance with the requirements established by the chief.
(H) "Operation" or "coal mining operation" means:
(1) Activities conducted on the surface of lands in
connection with a coal mine, the removal of coal from coal refuse
piles, and surface impacts incident to an underground coal mine.
Such activities include excavation for the purpose of obtaining
coal, including such common methods as contour, strip, auger,
mountaintop removal, box cut, open pit, and area mining; the use
of explosives and blasting; in situ distillation or
retorting; leaching or other chemical or physical processing;
and the cleaning, concentrating, or other processing or
preparation of coal. Such activities also
include the loading of coal at or
near the mine site. Such
activities do not include any of the following:
(a) The extraction of coal incidental to the extraction of
other minerals if the weight of coal extracted is
less than one-sixth the total weight of
minerals removed, including coal;
(b) The extraction of coal as an incidental part of
federal, state, or local highway or other government-financed
construction when approved by the chief;
(c) Coal exploration subject to section 1513.072 of the
Revised Code.
(2) The areas upon which such activities occur or where
such activities disturb the natural land surface. Such areas
include any adjacent land the use of which is incidental to any
such activities, all lands affected by the construction of new
roads or the improvement or use of existing roads to gain access
to the site of such activities, and for hauling, and excavation,
workings, impoundments, dams, ventilation shafts, entryways,
refuse banks, dumps, stockpiles, overburden piles, spoil banks,
culm banks, holes or depressions, repair areas, storage areas,
processing areas, shipping areas, and other areas upon which are
sited structures, facilities, or other property or materials on
the surface, resulting from or incident to
such activities. Separation by a
stream, roadway,
or utility easement does not preclude two or more contiguous
tracts of land from being considered contiguous.
(I) "Operator" means any person conducting a coal mining
operation.
(J) "Overburden" means all of the earth and other
materials, except topsoil, covering a natural deposit of coal,
and also means such earth and other materials after removal from
their natural state in the process of coal mining.
(K) "Permit" means a permit to conduct coal mining and
reclamation operations issued by the chief pursuant to section
1513.07 or 1513.074 of the Revised Code.
(L) "Permit area" means the area of land to be affected
indicated on the approved map submitted by the operator with the
application required by section 1513.07 or 1513.074 of the
Revised Code.
(M) "Person" has the same meaning as in section 1.59 of the Revised Code and
also includes any political subdivision, instrumentality, or agency of this
state or the United States.
(N) "Pollution" means placing any sediments, solids, or
waterborne mining related wastes, including, but not limited to,
acids, metallic cations, or their salts, in excess of amounts
prescribed by the chief into any waters of the state or affecting
the properties of any waters of the state in a manner that
renders those waters harmful or inimical to the public health, or
to animal or aquatic life, or to the use of the waters for
domestic water supply, industrial or agricultural purposes, or
recreation.
(O) "Prime farmland" has the same meaning as that
previously prescribed by the secretary of the United States
department of agriculture as published in the federal register on
August 23, 1977, or subsequent revisions thereof, on the basis of
such factors as moisture availability, temperature regime,
chemical balance, permeability, surface layer composition,
susceptibility to flooding, and erosion characteristics and
that historically has been used for intensive agricultural purposes,
and as published in the rules adopted pursuant to this chapter.
(P) "Reclamation" means backfilling, grading, resoiling,
planting, and other work that has the effect of restoring an area
of land affected by coal mining so that it may be used for forest
growth, grazing, agricultural, recreational, and wildlife
purpose, or some other useful purpose of equal or greater value
than existed prior to any mining.
(Q) "Spoil bank" means a deposit of removed overburden.
(R) "Steep slope" means any slope above twenty degrees or
such lesser slope as may be defined by the chief after
considering soil, climate, and other
characteristics of a region.
(S) "Strip mining" means those coal mining and reclamation
operations incident to the extraction of coal from the earth by
removing the materials over a coal seam, before recovering the
coal, by auger coal mining, or by recovery of coal from a deposit
that is not in its original geologic location.
(T) "Unwarranted failure to comply" means the failure of a
permittee to prevent the occurrence of any violation of any
requirement of this chapter due to
indifference, lack of diligence, or lack of reasonable care, or
the failure to abate any violation of the permit or this chapter due to
indifference, lack of diligence, or
lack of reasonable care.
(U) "Waters of the state" means all streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, and other bodies or accumulations
of water, surface or underground, natural or artificial,
regardless of the depth of the strata in which underground water
is located, that are situated wholly or partly within, or
border
upon, this state, or are within its jurisdiction.
(V) "Public roadway" means a road that is all of the following:
(1) Designated as a public road in the jurisdiction within
which it is located;
(2) Constructed in a manner consistent with other public
roads within the jurisdiction within which it is located;
(3) Regularly maintained with public funds;
(4) Subject to and available for substantial use by the
public.
(W) "Performance security" means a form of financial assurance, including, without limitation, a surety bond issued by a surety licensed to do business in this state; an annuity; cash; a negotiable certificate of deposit; an irrevocable letter of credit that automatically renews; a negotiable bond of the United States, this state, or a municipal corporation in this state; a trust fund of which the state is named a conditional beneficiary; or other form of financial guarantee or financial assurance that is acceptable to the chief.
Sec. 1513.02. (A) The division of mineral
resources management shall
administer, enforce, and implement this chapter. The chief of
the division of mineral resources
management shall do all of the following:
(1) Adopt, amend, and rescind rules:
(a) To administer and enforce this chapter;
(b) To implement the requirements of this chapter for the
reclamation of lands affected by coal mining, including such
rules governing mining practices and procedures, segregation and
placement of soil and topsoil, backfilling, grading, terracing,
resoiling, soil conditioning and reconditioning, planting,
establishment of drainage patterns, construction of impoundments,
and the construction, maintenance, and disposition of haul roads,
ditches, and dikes, as may be necessary or desirable, under
varying conditions of slope, drainage, physical and chemical
characteristics of soil and overburden, erodability of materials,
season, growth characteristics of plants, and other factors
affecting coal mining and reclamation, to facilitate the return
of the land to a condition required by this chapter; to prevent
pollution or substantial diminution of waters of the state,
substantial erosion, substantial deposition of sediment,
landslides, accumulation and discharge of acid water, and
flooding, both during mining and reclamation and thereafter; to
restore the recharge capacity of the mined area to approximate
premining conditions; and to ensure full compliance with all
requirements of this chapter relating to reclamation, and the
attainment of those objectives in the interest of the public
health, safety, and welfare to which these reclamation
requirements are directed;
(c) To meet the requirements of the "Surface Mining
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.
1201.
(2) Issue orders to enforce this chapter and rules adopted
under it;
(3) Adopt rules for the internal management of the
division that do not affect private rights;
(4) Adopt programs, rules, and procedures designed to
assist the coal operator in this state with the permitting
process and complying with the environmental standards of this
chapter. Upon request of the applicant for a permit, the chief
shall make a determination of the probable hydrologic
consequences required in division (B)(2)(1)(k) of section 1513.07 of
the Revised Code within sixty days after a permit has been
submitted to the division for those applications requesting the
chief to perform the study. The chief shall perform the chemical
analysis of test borings or core samplings for operators who have
a total annual production of coal at all locations that does not
exceed one hundred thousand tons.
(5) Adopt programs, rules, and procedures designed to
ensure that reclamation is performed on operations for which the
performance bond security has been forfeited pursuant to section 1513.16
of the Revised Code;
(6) Receive, administer, and expend moneys obtained from
the United States department of the interior and other federal
agencies to implement the state's permanent coal regulatory
program;
(7)(a) Regulate the beneficial use of coal
combustion byproducts at coal mining and reclamation operations
and abandoned mine lands that are regulated under this chapter
and rules adopted under it. The beneficial use of coal
combustion byproducts at such coal mining and reclamation
operations and abandoned mine lands is subject to all applicable
performance standards and requirements established under this
chapter and rules adopted under it, including, without
limitation, standards and requirements established under section
1513.16 of the Revised
Code and rules adopted pursuant
to it.
The beneficial use of coal combustion byproducts that is
authorized at coal mining and reclamation operations and
abandoned mine lands that are regulated under this chapter and
rules adopted under it is not subject to the following
provisions of Chapters 3734.
and 6111. of the Revised
Code and rules adopted under
those provisions:
(i) Permit and license requirements for solid
waste facilities established under sections 3734.02 and 3734.05
of the Revised
Code;
(ii) The prohibition against the open dumping of
solid wastes established in section 3734.03 of the
Revised
Code;
(iii) Solid waste generation and disposal fees
established under sections 3734.57 to 3734.574 of the
Revised
Code;
(iv) Permit to install and plan approval
requirements established under sections 6111.03, 6111.44, and
6111.45 of the Revised
Code.
Nothing in division
(A)(7) of this section shall be
construed to limit any other requirements that are applicable to
the beneficial use of coal combustion byproducts and that are
established under Chapter
3704., 3714., 3734., or 6111. of the
Revised
Code or under local or federal
laws, including, without limitation, requirements governing air
pollution control permits, hazardous waste, national pollutant
discharge elimination system permits, and section 401 water
quality certifications.
(b) As used in division
(A)(7) of this section:
(i) "Coal combustion byproducts" means fly ash,
bottom ash, coal slag, flue gas desulphurization and fluidized
bed combustion byproducts, air or water pollution control
residues from the operation of a coal-fired electric or steam
generation facility, and any material from a clean coal
technology demonstration project or other innovative process at
a coal-fired electric or steam generation facility.
(ii) "Beneficial use" means the use
of coal combustion byproducts in a manner that is not equivalent
to the establishment of a disposal system or a solid waste
disposal facility and that is unlikely to affect human health or
safety or the environment adversely or to degrade the existing
quality of the land, air, or water. "Beneficial use" includes,
without limitation, land application uses for agronomic value;
land reclamation uses; and discrete, controlled uses for
structural fill, pavement aggregate, pipe bedding aggregate,
mine sealing, alternative drainage or capping material, and
pilot demonstration projects.
(iii) "Structural fill" means the discrete,
controlled use of a coal combustion byproduct as a substitute
for a conventional aggregate, raw material, or soil under or
immediately adjacent to a building or structure. "Structural
fill" does not include uses that involve general filling or
grading operations or valley fills.
(iv) "Pavement aggregate" means the discrete,
controlled use of a coal combustion byproduct as a subbase
material or drainage layer under or immediately adjacent to a
paved road or a paved parking lot where the coal combustion
byproduct is a substitute for a conventional aggregate, raw
material, or soil.
(v) "Pipe bedding aggregate" means
the discrete, controlled use of a coal combustion byproduct as a
substitute for a conventional aggregate, raw material, or soil
under, around, or immediately adjacent to a water, sewer, or
other pipeline.
(vi) "Coal-fired electric or steam generation
facility" includes any boiler that is fired with coal or with
coal in combination with petroleum coke, oil, natural gas, or
any other fossil fuel.
(vii) "Solid waste disposal facility" means a
facility for the disposal of solid wastes as provided in
Chapter 3734. of the
Revised
Code and rules adopted under
it.
(viii) "Disposal system" has the same meaning as
in section 6111.01 of the
Revised
Code.
(8) If this state becomes covered by a state programmatic general permit issued by the United States army corps of engineers for the discharge of dredged or fill material into the waters of the United States by operations that conduct surface and underground coal mining and reclamation operations and the restoration of abandoned mine lands, establish programs and adopt rules and procedures designed to implement the terms, limitations, and conditions of the permit. The purpose of the programs, rules, and procedures shall be to enable the state to reduce or eliminate duplicative state and federal project evaluation, simplify the regulatory approval process, provide environmental protection for aquatic resources that is equivalent to federal protection, and satisfy the requirements of the United States army corps of engineers regulatory program under which the permit is issued and that is established under section 404 of the "Federal Water Pollution Control Act," 86 Stat. 48 (1972), 33 U.S.C. 1344, as amended by the "Clean Water Act of 1977," 91 Stat. 1600, 33 U.S.C. 1344; section 10 of the "Rivers and Harbors Act of 1899," 30 Stat. 1151, 33 U.S.C. 403; and section 103 of the "Marine Protection, Research, and Sanctuaries Act of 1972," 86 Stat. 1055, 33 U.S.C. 1413.
(9) Establish programs and adopt rules and procedures governing terms, limitations, and conditions for the use of diesel equipment in an underground coal mine.
(B) The chief, by rule, may designate as unsuitable for
coal mining natural areas maintained on the registry of natural
areas of the department of natural resources pursuant to
Chapter 1517. of the Revised Code, wild,
scenic, or recreational river
areas designated pursuant to that
chapter, publicly owned or dedicated parks, and other areas of unique and
irreplaceable natural beauty or condition, or areas within
specified distances of a public road, occupied dwelling, public
building, school, church, community, or institutional building,
public park, or cemetery. Such a designation may include land
adjacent to the perimeters of those areas that may be necessary to
protect their integrity.
(C)(1) The adoption, amendment, and rescission of rules
under divisions (A)(1), (4), and (5) and (B) of this section are subject to
Chapter 119. of the Revised Code.
(2) The issuance of orders under division (A)(2) of this
section and appeals therefrom are not governed by or subject to
Chapter 119. of the Revised Code, but are governed by this
chapter.
(D)(1) When the chief or an authorized representative of
the chief determines that any condition or practice exists or that any
permittee is in violation of any requirement of this chapter or
any permit condition required by this chapter, which condition,
practice, or violation creates an imminent danger to the health
or safety of the public or is causing, or can reasonably be
expected to cause, significant, imminent environmental harm to
land, air, or water resources, the chief or the authorized
representative immediately shall order the cessation of coal
mining and reclamation operations or the portion thereof relevant
to the condition, practice, or violation. The cessation order
shall remain in effect until the chief or the authorized
representative determines that the condition, practice, or
violation has been abated or until the order is modified,
vacated, or terminated by the chief or the authorized
representative pursuant to division (D)(4) of this section or by
the reclamation commission pursuant to section
1513.13 of the Revised Code. When the chief or the
authorized representative finds that the ordered cessation
of coal mining
and reclamation operations or any portion thereof will not
completely abate the imminent danger to the health or safety of the
public or the significant, imminent environmental harm to land,
air, or water resources, the chief or the authorized
representative, in addition to the cessation order, shall order
the operator to take whatever steps the chief or the
authorized representative considers necessary to abate the imminent danger
or the significant environmental harm.
(2) When the chief or an authorized representative of
the chief determines that any person is in violation of any requirement of
this chapter or any permit condition required by this chapter,
but the violation does not create an imminent danger to the
health or safety of the public or cannot reasonably be expected
to cause significant, imminent environmental harm to land, air,
or water resources, the chief or the authorized
representative
shall issue a notice of violation to the person or the
person's agent fixing a reasonable time for the abatement of the
violation,
provided that the time afforded a person to abate the violation
shall not exceed the time limitations prescribed by the secretary
of the interior in 30 C.F.R. Part 843 for an approvable state
regulatory program under the "Surface Mining Control and
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 1201.
If, upon expiration of the period of time as originally
fixed or subsequently extended for good cause shown and upon the
written finding of the chief or the authorized representative, the chief or
the authorized
representative finds that the
violation has not been abated, the chief or the authorized
representative immediately shall order the
cessation of coal mining and reclamation operations or the
portion thereof relevant to the violation. The cessation order
shall remain in effect until the chief or the authorized
representative determines that the violation has been abated or
until the order is modified, vacated, or terminated by the chief
or the authorized representative pursuant to division (D)(4)
of
this section or by the reclamation commission
pursuant to
section 1513.13 of the Revised Code. In a cessation order issued
under division (D)(2) of this section, the chief
or the authorized
representative
shall prescribe the steps necessary to abate the violation in the
most expeditious manner possible.
(3) When in the judgment of the chief or an authorized
representative of the chief a pattern of violations of any
requirements of
this chapter or any permit conditions required by this chapter
exists or has existed and the violations are caused by the
unwarranted failure of the permittee to comply with any
requirements of this chapter or any permit conditions or are
willfully caused by the permittee, the chief or the
authorized
representative immediately shall issue an order to the permittee
to show cause why the permit should not be suspended or revoked.
If a hearing is requested, the chief shall inform all interested
parties of the time and place of the hearing and conduct the
hearing pursuant to division (D) of section 1513.13 of the
Revised Code. Upon the permittee's failure to show cause
why the permit should not be suspended or revoked, the chief or
the authorized representative immediately shall suspend or
revoke
the permit.
(4) Notices of violation and orders issued pursuant to
this section shall set forth with reasonable specificity the
nature of the violation and the remedial action required, the
period of time established for abatement, and a reasonable
description of the portion of the coal mining and reclamation
operation to which the notice or order applies. Each notice or
order issued under this section shall be given promptly to the
alleged violator or the agent of the alleged violator
by the chief or an authorized
representative of the chief who issues the notice or order. Notices
and orders shall be in writing and shall be signed by the chief or the
authorized representative and may be modified,
vacated, or
terminated by the chief or the authorized representative.
Any notice or order issued pursuant to this section that requires
cessation of mining by the operator shall expire within thirty
days after actual notice to the operator unless a public hearing
pursuant to section 1513.13 of the Revised Code is held at the
site or within such reasonable proximity to the site that any
viewings of the site can be conducted during the course of the public
hearing.
(E)(1) A person who violates a permit condition or any
other provision of this chapter may be assessed a civil penalty
by the chief, except that if the violation leads to the issuance
of a cessation order under division (D) of this section, the
civil penalty shall be assessed for each day until the person
initiates the necessary corrective steps. The penalty shall not
exceed five thousand dollars for each violation. Each day of
continuing violation may be deemed a separate violation for
purposes of penalty assessments. In determining the amount of
the penalty, consideration shall be given to the person's history
of previous violation at the particular coal mining operation;
the seriousness of the violation, including any irreparable harm
to the environment and any hazard to the health or safety of the
public; whether the person was negligent; and the demonstrated
diligence of the person charged in attempting to achieve rapid
compliance after notification of the violation.
(2) A civil penalty shall be assessed by the chief only
after the person charged with a violation under division
(E)(1)
of this section has been given an opportunity for a public
hearing. If a person charged with such a violation fails to
avail oneself of the opportunity for a public hearing, a
civil penalty shall be assessed by the chief after the chief has
determined that a violation did occur, and the amount of the
penalty that is warranted, and has issued an order
requiring
that the penalty be paid.
(3) Upon the issuance of a notice or order charging that a
violation of this chapter has occurred, the chief shall inform
the operator within thirty days of the proposed amount of the
penalty and provide opportunity for an adjudicatory hearing
pursuant to section 1513.13 of the Revised Code. The person
charged with the penalty then shall have thirty days to pay the
proposed penalty in full or, if the person wishes to contest
either the amount of the penalty or the fact of the violation,
file a petition for review of the proposed assessment with the
secretary of the reclamation commission pursuant
to section
1513.13 of the Revised Code. If, after the hearing, the
commission
affirms or modifies the proposed amount of the penalty, the
person charged with the penalty then shall have thirty days after
receipt of the written decision to pay the amount in full or
file an appeal with the court of appeals in accordance with
section 1513.14 of the Revised Code. At the time the petition
for review of the proposed assessment is filed with the
secretary, the person shall forward the amount of the penalty to
the secretary for placement in the reclamation penalty fund,
which is hereby created. The fund shall be in the custody of the
treasurer of state, but shall not be a part of the state treasury.
Pursuant to administrative or judicial review of the penalty, the secretary,
within thirty days, shall remit the appropriate amount of the penalty to the
person, with interest, if it
is determined that no violation occurred or that the amount of
the penalty should be reduced, and the secretary shall forward the
balance of the
penalty or, if the penalty was not reduced, the entire amount of the penalty,
with interest, to the chief for deposit in the coal mining administration and
reclamation reserve forfeiture fund created in section 1513.181 1513.18 of the Revised
Code. Failure to forward the money to the secretary within thirty days
after the chief informs the operator of the proposed amount of
the penalty shall result in a waiver of all legal rights to
contest the violation or the amount of the penalty. Within
fifteen days after being informed of the penalty, the person
charged with the penalty may request in writing an informal
assessment conference to review the amount of the penalty. The
conference shall be presided over by the chief or an
individual appointed by the chief other than the inspector that issued
the notice
of violation or order upon which the penalty is based. The chief
shall adopt rules governing procedures to be followed in informal
conferences. Time allowed for payment of the penalty or appeal
to the commission shall be tolled while the penalty is
being reviewed
in an informal conference.
(4) An operator who fails to correct a violation for which
a notice of violation or order has been issued under division (D)
of this section within the period permitted for its correction
shall be assessed a civil penalty of not less than seven hundred
fifty dollars for each day during which the failure or violation
continues. However, a civil penalty shall not be assessed under
division (E)(4) of this section if the commission
orders the suspension of
the abatement
requirement after determining, based upon the findings of an
expedited hearing held under section 1513.13 of the Revised Code
at the request of the operator, that the operator will suffer
irreparable loss or damage from the application of the abatement
requirement or if the court orders suspension of the abatement
requirement pursuant to review proceedings held under section
1513.14 of the Revised Code at the request of the operator.
(F) The chief may enter into a cooperative agreement with
the secretary of the interior to provide for state regulation of
coal mining and reclamation operations on federal lands within
the state.
(G) The chief may prohibit augering if necessary to
maximize the utilization, recoverability, or conservation of the
solid fuel resources or to protect against adverse water quality
impacts.
(H) The chief shall transmit copies of all schedules
submitted under section 1513.07 of the Revised Code pertaining to
violations of air or water quality laws and rules adopted and
orders issued under those laws in connection with
coal mining
operations to the director of environmental protection for
verification.
(I) For the purposes of sections 1513.18, 1513.24,
1513.37, and 1514.06 of the Revised Code, the chief triennially shall
determine the average wage rate for companies performing
reclamation work for the division under those sections by
averaging the wage rate paid by all companies performing such
reclamation work during the three years immediately preceding
the
determination. However, in making the initial determination
under this division, the chief shall average the wage rate paid
by all companies performing such reclamation work during the ten
years immediately preceding October 29, 1995.
Sec. 1513.07. (A)(1) No operator shall conduct a coal
mining operation without a permit for the operation issued by
the chief of the division of mineral resources management.
(2) All permits issued pursuant to this chapter shall be
issued for a term not to exceed five years, except that, if the
applicant demonstrates that a specified longer term is reasonably
needed to allow the applicant to obtain necessary financing for
equipment and the opening of the operation and if the application
is full and complete for the specified longer term, the chief may
grant a permit for the longer term. A successor in interest to a
permittee who applies for a new permit within thirty days after
succeeding to the interest and who is able to obtain the bond
coverage performance security of the original permittee may continue coal mining and
reclamation operations according to the approved mining and
reclamation plan of the original permittee until the successor's
application is granted or denied.
(3) A permit shall terminate if the permittee has not
commenced the coal mining operations covered by the permit within
three years after the issuance of the permit, except that the
chief may grant reasonable extensions of the time upon a showing
that the extensions are necessary by reason of litigation
precluding the commencement or threatening substantial economic
loss to the permittee or by reason of conditions beyond the
control and without the fault or negligence of the permittee, and
except that with respect to coal to be mined for use in a
synthetic fuel facility or specified major electric generating
facility, the permittee shall be deemed to have commenced coal
mining operations at the time construction of the synthetic fuel
or generating facility is initiated.
(4)(a) Any permit issued pursuant to this chapter shall
carry with it the right of successive renewal upon expiration
with respect to areas within the boundaries of the permit. The
holders of the permit may apply for renewal and the renewal shall
be issued unless the chief determines by written findings,
subsequent to fulfillment of the public notice requirements of
this section and section 1513.071 of the Revised Code through
demonstrations by opponents of renewal or otherwise, that one or
more of the following circumstances exists:
(i) The terms and conditions of the existing permit are
not being satisfactorily met;.
(ii) The present coal mining and reclamation operation is
not in compliance with the environmental protection standards of
this chapter;.
(iii) The renewal requested substantially jeopardizes the
operator's continuing responsibilities on existing permit areas;.
(iv) The applicant has not provided evidence that the
performance bond security in effect for the operation will continue in
effect for any renewal requested in the application;.
(v) Any additional, revised, or updated information
required by the chief has not been provided. Prior to the
approval of any renewal of a permit, the chief shall provide
notice to the appropriate public authorities as prescribed by
rule of the chief.
(b) If an application for renewal of a valid permit
includes a proposal to extend the mining operation beyond the
boundaries authorized in the existing permit, the portion of the
application for renewal of a valid permit that addresses any new
land areas shall be subject to the full standards applicable to
new applications under this chapter.
(c) A permit renewal shall be for a term not to exceed the
period of the original permit established by this chapter.
Application for permit renewal shall be made at least one hundred
twenty days prior to the expiration of the valid permit.
(5) A permit issued pursuant to this chapter does not
eliminate the requirements for obtaining a permit to install or
modify a disposal system or any part thereof or to discharge
sewage, industrial waste, or other wastes into the waters of the
state in accordance with Chapter 6111. of the Revised Code.
(B)(1) Each application for a coal mining and reclamation
permit or renewal of such a permit shall be accompanied by a
permit or renewal fee in an amount equal to the product of
seventy-five dollars multiplied by the number of acres, estimated
in the application, that will comprise the area of land to be
affected within the permit or renewal period by the coal mining
operation for which the permit or renewal is requested.
(2) The permit application shall be submitted in a manner
satisfactory to the chief and shall contain, among other things, all of the
following:
(a) The names and addresses of all of the following:
(i) The permit applicant;
(ii) Every legal owner of record of the property, surface
and mineral, to be mined;
(iii) The holders of record of any leasehold interest in
the property;
(iv) Any purchaser of record of the property under a real
estate contract;
(v) The operator if different from the applicant;
(vi) If any of these are business entities other than a
single proprietor, the names and addresses of the principals,
officers, and statutory agent for service of process.
(b) The names and addresses of the owners of record of all
surface and subsurface areas adjacent to any part of the permit
area;
(c) A statement of any current or previous coal mining
permits in the United States held by the applicant, the permit
identification, and any pending applications;
(d) If the applicant is a partnership, corporation,
association, or other business entity, the following where
applicable: the names and addresses of every officer, partner,
director, or person performing a function similar to a director,
of the applicant, the name and address of any person owning, of
record, ten per cent or more of any class of voting stock of the
applicant, a list of all names under which the applicant,
partner, or principal shareholder previously operated a coal
mining operation within the United States within the five-year
period preceding the date of submission of the application, and a
list of the person or persons primarily responsible for ensuring
that the applicant complies with the requirements of this chapter
and rules adopted pursuant thereto while mining and reclaiming
under the permit;
(e) A statement of whether the applicant, any subsidiary,
affiliate, or persons controlled by or under common control with
the applicant, any partner if the applicant is a partnership, any
officer, principal shareholder, or director if the applicant is a
corporation, or any other person who has a right to control or in
fact controls the management of the applicant or the selection of
officers, directors, or managers of the applicant:
(i) Has ever held a federal or state coal mining permit
that in the five-year period prior to the date of submission of
the application has been suspended or revoked or has had a coal
mining bond, performance security, or similar security deposited in lieu of bond
forfeited and, if so, a brief explanation of the facts involved;
(ii) Has been an officer, partner, director, principal
shareholder, or person having the right to control or has in fact
controlled the management of or the selection of officers,
directors, or managers of a business entity that has had a coal
mining or surface mining permit that in the five-year period
prior to the date of submission of the application has been
suspended or revoked or has had a coal mining or surface mining
bond, performance security, or similar security deposited in lieu of bond forfeited and,
if so, a brief explanation of the facts involved.
(f) A copy of the applicant's advertisement to be
published in a newspaper of general circulation in the locality
of the proposed site at least once a week for four successive
weeks, which shall include the ownership of the proposed mine, a
description of the exact location and boundaries of the proposed
site sufficient to make the proposed operation readily
identifiable by local residents, and the location where the
application is available for public inspection;
(g) A description of the type and method of coal mining
operation that exists or is proposed, the engineering techniques
proposed or used, and the equipment used or proposed to be used;
(h) The anticipated or actual starting and termination
dates of each phase of the mining operation and number of acres
of land to be affected;
(i) An accurate map or plan, to an appropriate scale,
clearly showing the land to be affected and the land upon which the applicant
has the legal right to enter and commence coal mining
operations, copies of those documents upon which is based the applicant's
legal right to enter and
commence coal mining
operations, and a statement whether that right is the subject of
pending litigation. This chapter does not authorize the chief to
adjudicate property title disputes.
(j) The name of the watershed and location of the surface
stream or tributary into which drainage from the operation will
be discharged;
(k) A determination of the probable hydrologic
consequences of the mining and reclamation operations, both on
and off the mine site, with respect to the hydrologic regime,
providing information on the quantity and quality of water in
surface and ground water systems including the dissolved and
suspended solids under seasonal flow conditions and the
collection of sufficient data for the mine site and surrounding
areas so that an assessment can be made by the chief of the
probable cumulative impacts of all anticipated mining in the area
upon the hydrology of the area and particularly upon water
availability, but this determination shall not be required until
hydrologic information of the general area prior to mining is
made available from an appropriate federal or state agency;
however, the permit shall not be approved until the information
is available and is incorporated into the application;
(l) When requested by the chief, the climatological
factors that are peculiar to the locality of the land to be
affected, including the average seasonal precipitation, the
average direction and velocity of prevailing winds, and the
seasonal temperature ranges;
(m) Accurate maps prepared by or under the direction of
and certified by a qualified registered professional engineer,
registered surveyor, or licensed landscape architect to an
appropriate scale clearly showing all types of information set
forth on topographical maps of the United States geological
survey of a scale of not more than four hundred feet to the inch,
including all artificial features and significant known
archeological sites. The map, among other things specified
by the chief, shall show all boundaries of the land to be affected, the
boundary lines and names of present owners of record of all
surface areas abutting the permit area, and the location of all
buildings within one thousand feet of the permit area.
(n)(i) Cross-section maps or plans of the land to be
affected including the actual area to be mined, prepared by or
under the direction of and certified by a qualified registered
professional engineer or certified professional geologist with
assistance from experts in related fields such as hydrology,
hydrogeology, geology, and landscape architecture, showing
pertinent elevations and locations of test borings or core
samplings and depicting the following information: the nature
and depth of the various strata of overburden; the nature and
thickness of any coal or rider seam above the coal seam to be
mined; the nature of the stratum immediately beneath the coal
seam to be mined; all mineral crop lines and the strike and dip
of the coal to be mined within the area to be affected; existing
or previous coal mining limits; the location and extent of known
workings of any underground mines, including mine openings to the
surface; the location of spoil, waste, or refuse areas and
topsoil preservation areas; the location of all impoundments for
waste or erosion control; any settling or water treatment
facility; constructed or natural drainways and the location of
any discharges to any surface body of water on the land to be
affected or adjacent thereto; profiles at appropriate cross
sections of the anticipated final surface configuration that will
be achieved pursuant to the operator's proposed reclamation plan;
the location of subsurface water, if encountered; the location
and quality of aquifers; and the estimated elevation of the water
table. Registered surveyors shall be allowed to perform all
plans, maps, and certifications under this chapter as they are
authorized under Chapter 4733. of the Revised Code.
(ii) A statement of the quality and locations of
subsurface water. The chief shall provide by rule the number of
locations to be sampled, frequency of collection, and parameters
to be analyzed to obtain the statement required.
(o) A statement of the results of test borings or core
samplings from the permit area, including logs of the drill
holes, the thickness of the coal seam found, an analysis of the
chemical properties of the coal, the sulfur content of any coal
seam, chemical analysis of potentially acid or toxic forming
sections of the overburden, and chemical analysis of the stratum
lying immediately underneath the coal to be mined, except that
this division may be waived by the chief with respect to the
specific application by a written determination that its
requirements are unnecessary;. If the test borings or core samplings from the permit area indicate the existence of potentially acid forming or toxic forming quantities of sulfur in the coal or overburden to be disturbed by mining, the application also shall include a statement of the acid generating potential and the acid neutralizing potential of the rock strata to be disturbed as calculated in accordance with section 1513.075 of the Revised Code.
(p) For those lands in the permit application that a
reconnaissance inspection suggests may be prime farmlands, a soil
survey shall be made or obtained according to standards
established by the secretary of the United States department of
agriculture in order to confirm the exact location of the prime
farmlands, if any;
(q) A certificate issued by an insurance company
authorized to do business in this state certifying that the
applicant has a public liability insurance policy in force for
the coal mining and reclamation operations for which the permit
is sought or evidence that the applicant has satisfied other
state self-insurance requirements. The policy shall provide for
personal injury and property damage protection in an amount
adequate to compensate any persons damaged as a result of coal
mining and reclamation operations, including the use of
explosives, and entitled to compensation under the applicable
provisions of state law. The policy shall be maintained in
effect during the term of the permit or any renewal, including
the length of all reclamation operations. The insurance company
shall give prompt notice to the permittee and the chief if the public
liability insurance policy lapses for any reason including the
nonpayment of insurance premiums. Upon the lapse of the policy,
the chief may suspend the permit and all other outstanding
permits until proper insurance coverage is obtained.
(r) The business telephone number of the applicant;
(s) If the applicant seeks an authorization under division
(E)(7) of this section to conduct coal mining and reclamation
operations on areas to be covered by the permit that were
affected by coal mining operations before August 3, 1977, that
have resulted in continuing water pollution from or on the
previously mined areas, such additional information pertaining to
those previously mined areas as may be required by the chief,
including, without limitation, maps, plans, cross sections, data
necessary to determine existing water quality from or on those
areas with respect to pH, iron, and manganese, and a pollution
abatement plan that may improve water quality from or on those
areas with respect to pH, iron, and manganese.
(3)(2) Information pertaining to coal seams, test borings,
core samplings, or soil samples as required by this section shall
be made available by the chief to any person with an interest
that is or may be adversely affected, except that information
that pertains only to the analysis of the chemical and physical
properties of the coal, excluding information regarding mineral
or elemental content that is potentially toxic in the
environment, shall be kept confidential and not made a matter of
public record.
(4)(3)(a) If the chief finds that the probable total annual
production at all locations of any operator will not exceed three
hundred thousand tons, the
following activities, upon the
written request of the operator in connection with a permit application, shall
be performed by a qualified
public or private laboratory or another public or private qualified entity
designated by the chief, and the cost of the activities shall be assumed by
the chief, provided that sufficient moneys for such assistance are available:
(i) The determination of probable hydrologic consequences required under
division (B)(2)(1)(k) of this section;
(ii) The development of cross-section maps and plans required under division
(B)(2)(1)(n)(i) of this section;
(iii) The geologic drilling and statement of results of test borings and core
samplings required under division (B)(2)(1)(o) of this section;
(iv) The collection of archaeological information required under division
(B)(2)(1)(m) of this section and any other archaeological and historical
information required by the chief, and the preparation of plans necessitated
thereby;
(v) Pre-blast surveys required under division (E) of section 1513.161 of the
Revised Code;
(vi) The collection of site-specific resource information and production of
protection and enhancement plans for fish and wildlife habitats and other
environmental values required by the chief under this chapter.
(b) A coal operator that has received assistance under division (B)(4)(3)(a) of
this section shall reimburse the chief for the cost of the services rendered
if the chief finds that the operator's actual and attributed annual production
of coal for all locations exceeds three hundred thousand tons during the
twelve months immediately following the date on which the operator was issued
a coal mining and reclamation permit.
(5)(4) Each applicant for a permit shall submit to the chief
as part of the permit application a reclamation plan that meets
the requirements of this chapter.
(6)(5) Each applicant for a coal mining and reclamation
permit shall file a copy of the application for a permit,
excluding that information pertaining to the coal seam itself,
for public inspection with the county recorder or an appropriate
public office approved by the chief in the county where the
mining is proposed to occur.
(7)(6) Each applicant for a coal mining and reclamation
permit shall submit to the chief as part of the permit
application a blasting plan that describes the procedures and
standards by which the operator will comply
with section 1513.161 of the Revised Code.
(C) Each reclamation plan submitted as part of a permit
application shall include, in the detail necessary to demonstrate
that reclamation required by this chapter can be accomplished, a
statement of:
(1) The identification of the lands subject to coal mining
operations over the estimated life of those operations and the
size, sequence, and timing of the subareas for which it is
anticipated that individual permits for mining will be sought;
(2) The condition of the land to be covered by the permit
prior to any mining including all of the following:
(a) The uses existing at the time of the application and,
if the land has a history of previous mining, the uses that
preceded any mining;
(b) The capability of the land prior to any mining to
support a variety of uses, giving consideration to soil and
foundation characteristics, topography, and vegetative cover and,
if applicable, a soil survey prepared pursuant to division
(B)(2)(1)(p) of this section;
(c) The productivity of the land prior to mining,
including appropriate classification as prime farmlands as well
as the average yield of food, fiber, forage, or wood products
obtained from the land under high levels of management.
(3) The use that is proposed to be made of the land
following reclamation, including information regarding the
utility and capacity of the reclaimed land to support a variety
of alternative uses, the relationship of the proposed use to
existing land use policies and plans, and the comments of any
owner of the land and state and local governments or agencies
thereof that would have to initiate, implement, approve, or
authorize the proposed use of the land following reclamation;
(4) A detailed description of how the proposed postmining
land use is to be achieved and the necessary support activities
that may be needed to achieve the proposed land use;
(5) The engineering techniques proposed to be used in
mining and reclamation and a description of the major equipment;
a plan for the control of surface water drainage and of water
accumulation; a plan, where appropriate, for backfilling, soil
stabilization, and compacting, grading, and appropriate
revegetation; a plan for soil reconstruction, replacement, and
stabilization, pursuant to the performance standards in section
1513.16 of the Revised Code, for those food, forage, and forest
lands identified in that section; and an
estimate of the cost per acre of the reclamation, including a
statement as to how the permittee plans to comply with each of
the requirements set out in section 1513.16 of the Revised Code;
(6) A description of the means by which the utilization
and conservation of the solid fuel resource being recovered will
be maximized so that reaffecting the land in the future can be
minimized;
(7) A detailed estimated timetable for the accomplishment
of each major step in the reclamation plan;
(8) A description of the degree to which the coal mining
and reclamation operations are consistent with surface owner
plans and applicable state and local land use plans and programs;
(9) The steps to be taken to comply with applicable air
and water quality laws and regulations and any applicable health
and safety standards;
(10) A description of the degree to which the reclamation
plan is consistent with local physical, environmental, and
climatological conditions;
(11) A description of all lands, interests in lands, or
options on such interests held by the applicant or pending bids
on interests in lands by the applicant, which lands are
contiguous to the area to be covered by the permit;
(12) The results of test borings that the applicant has
made at the area to be covered by the permit, or other equivalent
information and data in a form satisfactory to the chief,
including the location of subsurface water, and an analysis of
the chemical properties, including acid forming properties of the
mineral and overburden; except that information that pertains
only to the analysis of the chemical and physical properties of
the coal, excluding information regarding mineral or elemental
contents that are potentially toxic in the environment, shall be
kept confidential and not made a matter of public record;
(13) A detailed description of the measures to be taken
during the mining and reclamation process to ensure the
protection of all of the following:
(a) The quality of surface and ground water systems, both
on- and off-site, from adverse effects of the mining and
reclamation process;
(b) The rights of present users to such water;
(c) The quantity of surface and ground water systems, both
on- and off-site, from adverse effects of the mining and
reclamation process or, where such protection of quantity cannot
be assured, provision of alternative sources of water.
(14) Any other requirements the chief prescribes by rule.
(D)(1) Any information required by division (C) of this
section that is not on public file pursuant to this chapter shall
be held in confidence by the chief.
(2) With regard to requests for an exemption from the requirements of this
chapter for coal extraction incidental to the extraction of other minerals, as
described in division (H)(1)(a) of section 1513.01 of the Revised Code,
confidential information includes and is limited to information concerning
trade secrets or privileged commercial or financial information relating to
the competitive rights of the persons intending to conduct the extraction of
minerals.
(E)(1) Upon the basis of a complete mining application and
reclamation plan or a revision or renewal thereof, as required by
this chapter, and information obtained as a result of public
notification and public hearing, if any, as provided by section
1513.071 of the Revised Code, the chief shall grant, require
modification of, or deny the application for a permit in a
reasonable time set by the chief and notify the applicant in
writing. The applicant for a permit or revision of a permit has
the burden of establishing that the application is in
compliance
with all the requirements of this chapter. Within ten days after
the granting of a permit, the chief shall notify the boards of
township trustees and county commissioners, the mayor, and the
legislative authority in the township, county, and municipal
corporation in which the area of land to be affected is located
that a permit has been issued and shall describe the location of
the land. However, failure of the chief to notify the local
officials shall not affect the status of the permit.
(2) No permit application or application for revision of
an existing permit shall be approved unless the application
affirmatively demonstrates and the chief finds in writing on the
basis of the information set forth in the application or from
information otherwise available, which shall be documented
in the
approval and made available to the applicant, all of the
following:
(a) The application is accurate and complete and all
the requirements of this chapter have been complied with.
(b) The applicant has demonstrated that the reclamation
required by this chapter can be accomplished under the
reclamation plan contained in the application.
(c)(i) Assessment of the probable cumulative impact of all
anticipated mining in the general and adjacent area on the
hydrologic balance specified in division (B)(2)(1)(k) of this
section has been made by the chief, and the proposed operation
has been designed to prevent material damage to hydrologic
balance outside the permit area.
(ii) There shall be an ongoing process conducted by the
chief in cooperation with other state and federal agencies to
review all assessments of probable cumulative impact of coal
mining in light of post-mining data and any other hydrologic
information as it becomes available to determine if the
assessments were realistic. The chief shall take appropriate
action as indicated in the review process.
(d) The area proposed to be mined is not included within
an area designated unsuitable for coal mining pursuant to section
1513.073 of the Revised Code or is not within an area under study
for such designation in an administrative proceeding commenced
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the
Revised Code unless in an area as to which an administrative
proceeding has commenced pursuant to division (A)(3)(c) or (B) of
section 1513.073 of the Revised Code, the operator making the
permit application demonstrates that, prior to January 1, 1977,
the operator made substantial legal and financial commitments
in relation
to the operation for which a permit is
sought.
(e) In cases where the private mineral estate has been
severed from the private surface estate, the applicant has
submitted to the chief one of the following:
(i) The written consent of the surface owner to the
extraction of coal by strip mining methods;
(ii) A conveyance that expressly grants or reserves the
right to extract the coal by strip mining methods;
(iii) If the conveyance does not expressly grant the right
to extract coal by strip mining methods, the surface-subsurface
legal relationship shall be determined under the law of this
state. This chapter does not authorize the chief to adjudicate
property rights disputes.
(3)(a) The applicant shall file with the permit application
a schedule listing all notices of violations of any law, rule, or
regulation of the United States or of any department or agency
thereof or of any state pertaining to air or water environmental
protection incurred by the applicant in connection with any coal
mining operation during the three-year period prior to the date
of application. The schedule also shall indicate the final
resolution of such a notice of violation. Upon receipt of an
application, the chief shall provide a schedule listing all
notices of violations of this chapter pertaining to air or water
environmental protection incurred by the applicant during the
three-year period prior to receipt of the application and the
final resolution of all such notices of violation. The chief
shall provide this schedule to the applicant for filing by the
applicant with the application filed for public review, as
required by division (B)(6)(5) of this section. When the schedule
or other information available to the chief indicates that any
coal mining operation owned or controlled by the applicant is
currently in violation of such laws, the permit shall not be
issued until the applicant submits proof that the violation has
been corrected or is in the process of being corrected to the
satisfaction of the regulatory authority, department, or agency
that has jurisdiction over the violation and that any civil
penalties owed to the state for a violation and not the subject
of an appeal have been paid. No permit shall be issued to an
applicant after a finding by the chief that the applicant or the
operator specified in the application controls or has controlled
mining operations with a demonstrated pattern of willful
violations of this chapter of a nature and duration to result in
irreparable damage to the environment as to indicate an intent
not to comply with or a disregard of this chapter.
(b) For the purposes of division
(E)(3)(a) of this
section, any violation resulting from an unanticipated event or condition at a
surface coal mining operation on lands eligible for remining under a permit
held by the person submitting an application for a coal mining permit under
this section shall not prevent issuance of that permit. As used in this
division, "unanticipated event or condition" means an event or condition
encountered in a remining operation that was not contemplated by the
applicable surface coal mining and reclamation permit.
(4)(a) In addition to finding the application in
compliance with division (E)(2) of this section, if the area
proposed to be mined contains prime farmland as determined
pursuant to division (B)(2)(1)(p) of this section, the chief,
after consultation with the secretary of the United States
department of agriculture and pursuant to regulations issued by
the secretary of the interior with the concurrence of the
secretary of agriculture, may grant a permit to mine on prime
farmland if the chief finds in writing that the operator has the
technological capability to restore the mined area, within a
reasonable time, to equivalent or higher levels of yield as
nonmined prime farmland in the surrounding area under equivalent
levels of management and can meet the soil reconstruction
standards in section 1513.16 of the Revised Code.
(b) Division (E)(4)(a) of this section does not apply to a
permit issued prior to August 3, 1977, or revisions or renewals
thereof.
(5) The chief shall issue an order denying a permit after finding that
the applicant has misrepresented or
omitted any
material fact in the application for the permit.
(6) The chief may issue an order denying a permit after finding that the
applicant, any partner, if the
applicant is a
partnership, any officer, principal shareholder, or director, if
the applicant is a corporation, or any other person who has a
right to control or in fact controls the management of the
applicant or the selection of officers, directors, or managers of
the applicant has been a sole proprietor or partner, officer,
director, principal shareholder, or person having the right to
control or has in fact controlled the management of or the
selection of officers, directors, or managers of a business
entity that ever has had a coal mining license or permit issued
by this or any other state or the United States suspended or
revoked, ever has forfeited a coal or surface mining bond, performance security, or similar
security deposited in lieu of bond in this or any other state or
with the United States, or ever has substantially or materially
failed to comply with this chapter.
(7) When issuing a permit under this section, the chief
may authorize an applicant to conduct coal mining and reclamation
operations on areas to be covered by the permit that were
affected by coal mining operations before August 3, 1977, that
have resulted in continuing water pollution from or on the
previously mined areas for the purpose of potentially reducing
the pollution loadings of pH, iron, and manganese from discharges
from or on the previously mined areas. Following the chief's
authorization to conduct such operations on those areas, the
areas shall be designated as pollution abatement areas for the
purposes of this chapter.
The chief shall not grant an authorization under division
(E)(7) of this section to conduct coal mining and reclamation
operations on any such previously mined areas unless the
applicant demonstrates to the chief's satisfaction that all of
the following conditions are met:
(a) The applicant's pollution abatement plan for mining
and reclaiming the previously mined areas represents the best
available technology economically achievable;.
(b) Implementation of the plan will potentially reduce
pollutant loadings of pH, iron, and manganese resulting from
discharges of surface waters or ground water from or on the
previously mined areas within the permit area;.
(c) Implementation of the plan will not cause any
additional degradation of surface water quality off the permit
area with respect to pH, iron, and manganese;.
(d) Implementation of the plan will not cause any
additional degradation of ground water;.
(e) The plan meets the requirements governing mining and
reclamation of such previously mined pollution abatement areas
established by the chief in rules adopted under section 1513.02
of the Revised Code;.
(f) Neither the applicant; any partner, if the applicant
is a partnership; any officer, principal shareholder, or
director, if the applicant is a corporation; any other person who
has a right to control or in fact controls the management of the
applicant or the selection of officers, directors, or managers of
the applicant; nor any contractor or subcontractor of the
applicant, has any of the following:
(i) Responsibility or liability under this chapter or
rules adopted under it as an operator for treating the discharges
of water pollutants from or on the previously mined areas for
which the authorization is sought;
(ii) Any responsibility or liability under this chapter or
rules adopted under it for reclaiming the previously mined areas
for which the authorization is sought;
(iii) During the eighteen months prior to submitting the
permit application requesting an authorization under division
(E)(7) of this section, had a coal mining and reclamation permit
suspended or revoked under division (D)(3) of section 1513.02 of
the Revised Code for violating this chapter or Chapter 6111. of
the Revised Code or rules adopted under them with respect to
water quality, effluent limitations, or surface or ground water
monitoring;
(iv) Ever forfeited a coal or surface mining bond, performance security, or
similar security deposited in lieu of a bond in this or any other state
or with the United States.
(F)(1) During the term of the permit, the permittee may
submit an application for a revision of the permit, together with
a revised reclamation plan, to the chief.
(2) An application for a revision of a permit shall not be
approved unless the chief finds that reclamation required by this
chapter can be accomplished under the revised reclamation plan.
The revision shall be approved or disapproved within ninety days
after receipt of a complete revision application. The chief
shall establish, by rule, criteria for determining the extent to
which all permit application information requirements and
procedures, including notice and hearings, shall apply to the
revision request, except that any revisions that propose
significant alterations in the reclamation plan, at a
minimum, shall be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit
except incidental boundary revisions shall be made by application
for a permit.
(G) No transfer, assignment, or sale of the rights granted
under a permit issued pursuant to this chapter shall be made
without the written approval of the chief.
(H) The chief, within a time limit prescribed in the chief's rules, shall
review outstanding permits and may
require reasonable revision or modification of a permit. A
revision or modification shall be based upon a written finding
and subject to notice and hearing requirements established by
rule of the chief.
(I)(1) If an informal conference has been held pursuant to
section 1513.071 of the Revised Code, the chief shall issue and
furnish the applicant for a permit, persons who participated in
the informal conference, and persons who filed written objections
pursuant to division (B) of section 1513.071 of the Revised Code,
with the written finding of the chief granting or denying the
permit in whole or in part and stating the reasons therefor
within sixty days of the conference.
(2) If there has been no informal conference held pursuant
to section 1513.071 of the Revised Code, the chief shall notify
the applicant for a permit within a reasonable time as provided
by rule of the chief, taking into account the time needed for
proper investigation of the site, the complexity of the permit
application, whether or not a written objection to the
application has been filed, and whether the application has been
approved or disapproved in whole or in part.
(3) If the application is approved, the permit shall be
issued. If the application is disapproved, specific reasons
therefor shall be set forth in the notification. Within thirty
days after the applicant is notified of the final decision of the
chief on the permit application, the applicant or any person with
an interest that is or may be adversely affected may appeal the
decision to the reclamation commission pursuant
to section
1513.13 of the Revised Code.
(4) Any applicant or any person with an interest that is
or may be adversely affected who has participated in the
administrative proceedings as an objector and is aggrieved by the
decision of the reclamation commission, or if
the commission
fails to act within the time limits specified in this chapter,
may appeal in accordance with section 1513.14 of the Revised Code.
Sec. 1513.071. (A) Simultaneously with the filing of an
application for a permit or significant revision of an existing
permit under section 1513.07 of the Revised Code, the applicant
shall submit to the chief of the division of mineral resources management a copy of his the applicant's
advertisement of the ownership, precise location, and boundaries of the land
to be
affected. At the time of submission, the advertisement shall be
placed by the applicant in a newspaper of general circulation in
the locality of the proposed coal mine at least once a week for
four consecutive weeks. The chief shall notify, in each county
or part of a county in which a proposed area to be permitted is
located, the board of county commissioners, the board of township
trustees, the legislative authorities of municipal corporations,
private water companies, regional councils of governments, and
the boards of directors of conservancy districts informing them
of the operator's intention to conduct a coal mining operation on
a particularly described tract of land and indicating the permit
application number and where a copy of the proposed mining and
reclamation plan may be inspected. The chief shall also notify
the planning commissions with jurisdiction over all or part of
the area to be permitted. These agencies, authorities, or
companies may submit written comments on the application with
respect to the effects of the proposed operation on the
environment that are within their area of responsibility in
quadruplicate to the chief within thirty days after notification
by the chief of receipt of the application. The chief shall
immediately transmit these comments to the applicant and make
them available to the public at the same locations at which the
mining application is available for inspection.
(B) A person having an interest that is or may be
adversely affected or the officer or head of any federal, state,
or local governmental agency or authority may file written
objections to the proposed initial or revised application for a
coal mining and reclamation permit with the chief within thirty
days after the last publication of the notice required by
division (A) of this section. The objections shall immediately
be transmitted to the applicant by the chief and shall be made
available to the public. If written objections are filed and an
informal conference requested, the chief or his the chief's
representative shall then hold an informal conference on the application for a
permit within a reasonable time in the county where the largest
area of the area to be permitted is located. The date, time, and
location of the informal conference shall be advertised by the
chief in a newspaper of general circulation in the locality at
least two weeks prior to the scheduled conference date. The
chief may arrange with the applicant, upon request by any
objecting party, access to the proposed mining area for the
purpose of gathering information relevant to the proceeding. An
electronic or stenographic record shall be made of the conference
proceeding unless waived by all parties. The record shall be
maintained and shall be accessible to the parties until final
release of the applicant's performance bond security. If all parties
requesting the informal conference stipulate agreement prior to
the requested informal conference and withdraw their request, the
informal conference need not be held.
Sec. 1513.075. (A) As used in this section:
(1) "Potential acidity" means a laboratory measurement of the amount of acidity that could be produced by material in a rock strata proposed to be disturbed by mining and that is expressed by a numeral indicating the number of tons of that acidity that would be present in one thousand tons of disturbed overburden.
(2) "Neutralization potential" means a laboratory measurement of the alkalinity of a rock strata expressed as the amount of acidity that would be neutralized by material proposed to be disturbed by mining and that is expressed by a numeral indicating the number of tons of that alkalinity that would be present in one thousand tons of disturbed overburden.
(3) "Test borings or core samplings" refer to test borings or core samplings performed on rock strata in an area proposed to be covered by a permit for a coal mining operation, the results of which must be stated in the permit application in accordance with division (B)(1)(o) of section 1513.07 of the Revised Code.
(B) For purposes of the determination of the chief of the division of mineral resources management regarding whether to approve an application for a permit for a coal mining operation based on criteria established in divisions (E)(2)(a) and (c) of section 1513.07 of the Revised Code and related performance standards established in division (A)(10) of section 1513.16 of the Revised Code, the potential acidity and the neutralization potential of the rock strata that would be disturbed under the permit shall be calculated in accordance with this section.
(C) The measurement of potential acidity shall be based on laboratory analyses of the sulfur content of the coal and overburden to be disturbed by mining. If the results of test borings or core samplings include laboratory analyses of the pyritic form of sulfur, the applicant may base the calculation of the potential acidity for the area on the pyritic sulfur content of the coal and overburden to be disturbed by mining rather than on the total sulfur content.
(D) The tons of rock in the area represented by each core hole resulting from test boring or core sampling shall be estimated and used to calculate the tons of potential acidity and tons of neutralization potential for each rock stratum. The sum of those values across the proposed permit area shall be used to calculate the site's overall neutralization potential and potential acidity.
(E) The proposed permit area shall not be considered to have the potential to create acid or other toxic mine drainage if either of the following applies:
(1) The numeral that indicates the site's overall neutralization potential divided by the numeral that indicates the site's overall potential acidity results in a quotient that is equal to or greater than two.
(2) The numeral that indicates the neutralization potential subtracted from the numeral that indicates the potential acidity results in a remainder that is equal to or less than either of the following:
(a) Negative five in the case that the total sulfur content of rock strata is used to calculate potential acidity;
(b) Negative ten in the case that the pyritic sulfur content of rock strata is used to calculate potential acidity.
Sec. 1513.08. (A) After a coal mining and reclamation
permit application has been approved, but before the permit is
issued, the applicant shall file with the chief of
the division of mineral resources
management, on a form prescribed and furnished by
the chief,
a bond for performance payable, as appropriate, to the state and
conditioned upon faithful performance of all the requirements of
this chapter and the permit the performance security required under this section. The bond
(B) Using the information contained in the permit application; the requirements contained in the approved permit and reclamation plan; and, after considering the topography, geology, hydrology, and revegetation potential of the area of the approved permit, the probable difficulty of reclamation; the chief shall be in the amount of
twenty-five hundred dollars times the number of acres of land
upon which the operator states in the application for a
permit the operator will initiate and conduct coal mining and determine the estimated cost of
reclamation operations within under the initial term of the permit if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the applicant. The minimum
amount of a bond shall be ten thousand dollars. The bond The chief shall send written notice of the amount of the estimated cost of reclamation by certified mail to the applicant. The applicant shall send written notice to the chief indicating the method by which the applicant will provide the performance security pursuant to division (C) of this section.
(C) The applicant shall provide the performance security in an amount using one of the following:
(1) If the applicant elects to provide performance security without reliance on the reclamation forfeiture fund created in section 1513.18 of the Revised Code, the amount of the estimated cost of reclamation as determined by the chief under division (B) of this section for the increments of land on which the operator will conduct a coal mining and reclamation operation under the initial term of the permit as indicated in the application;
(2) If the applicant elects to provide performance security together with reliance on the reclamation forfeiture fund through payment of the additional tax on the severance of coal that is levied under division (A)(8) of section 5749.02 of the Revised Code, an amount of twenty-five hundred dollars per acre of land on which the operator will conduct coal mining and reclamation under the initial term of the permit as indicated in the application. However, in order to be eligible to provide performance security in accordance with division (C)(2) of this section, an applicant shall have held a permit issued under this chapter for any coal mining and reclamation operation for a period of not less than five years. In the event of forfeiture of performance security that was provided in accordance with division (C)(2) of this section, the difference between the amount of that performance security and the estimated cost of reclamation as determined by the chief under division (B) of this section shall be obtained from money in the reclamation forfeiture fund as needed to complete the reclamation.
The performance security provided under division (C) of this section for the entire area to be mined under one permit issued under this chapter shall not be less than ten thousand dollars.
The performance security shall cover areas of
land affected by mining within or immediately adjacent to the permitted area,
so long as the total number of acres does not exceed the number of acres
bonded for which the performance security is provided. However, the authority for
bond the performance security to cover areas of land immediately adjacent to the permitted
area does not authorize a permittee to mine areas outside an
approved permit area. As succeeding increments of coal mining
and reclamation operations are to be initiated and conducted
within the permit area, the permittee shall file with the chief
an additional bond or bonds performance security to cover the increments in accordance
with this section. In the event of forfeiture of a bond, if the
bond is insufficient to complete the reclamation, the chief shall
complete the reclamation in accordance with section 1513.18 of
the Revised Code using funds from the reclamation
forfeiture fund created in that section If a permittee intends to mine areas outside the approved permit area, the permittee shall provide additional performance security in accordance with this section to cover the areas to be mined.
(B) Liability An applicant shall provide performance security in accordance with division (C)(1) of this section in the full amount of the estimated cost of reclamation as determined by the chief for a permitted coal preparation plant or coal refuse disposal area that is not located within a permitted area of a mine. A permittee shall provide the performance security not later than one year after the effective date of this amendment for a permitted coal preparation plant or coal refuse disposal area that is in existence on the effective date of this amendment and that is not located within a permitted area of a mine.
(D) A permittee's liability under the performance security shall be limited to the obligations established under the permit, which include completion of the reclamation plan in order to make the land capable of supporting the postmining land use that was approved in the permit. The period of liability under the bond performance security shall be for the duration of
the coal mining and reclamation operation and for a period
coincident with the operator's responsibility for revegetation
requirements under section 1513.16 of the Revised Code. The bond
(E) The amount of the estimated cost of reclamation determined under division (B) of this section and the amount of a permittee's performance security provided in accordance with division (C)(1) of this section may be adjusted by the chief as the land that is affected by mining increases or decreases or if the cost of reclamation increases or decreases. If the performance security was provided in accordance with division (C)(2) of this section and the chief has issued a cessation order under division (D)(2) of section 1513.02 of the Revised Code for failure to abate a violation of the contemporaneous reclamation requirement under division (A)(15) of section 1513.16 of the Revised Code, the chief may require the permittee to increase the amount of performance security from twenty-five hundred dollars per acre of land to five thousand dollars per acre of land.
The chief shall notify the permittee, each surety, and any person who has a property interest in the performance security and who has requested to be notified of any proposed adjustment to the performance security. The permittee may request an informal conference with the chief concerning the proposed adjustment, and the chief shall provide such an informal conference.
If the chief increases the amount of performance security under this division, the permittee shall provide additional performance security in an amount determined by the chief. If the chief decreases the amount of performance security under this division, the chief shall determine the amount of the reduction of the performance security and send written notice of the amount of reduction to the permittee. The permittee may reduce the amount of the performance security in the amount determined by the chief.
(F) A permittee may request a reduction in the amount of the performance security by submitting to the chief documentation proving that the amount of the performance security provided by the permittee exceeds the estimated cost of reclamation if the reclamation would have to be performed by the division in the event of forfeiture of the performance security. The chief shall examine the documentation and determine whether the permittee's performance security exceeds the estimated cost of reclamation. If the chief determines that the performance security exceeds that estimated cost, the chief shall determine the amount of the reduction of the performance security and send written notice of the amount to the permittee. The permittee may reduce the amount of the performance security in the amount determined by the chief. Adjustments in the amount of performance security under this division shall not be considered release of performance security and are not subject to section 1513.16 of the Revised Code.
(G) If the performance security is a bond, it
shall be executed by the operator and a corporate surety licensed
to do business in this state, except that the operator may elect
to deposit. If the performance security is a cash, negotiable bonds
of the United States or this state, deposit or negotiable certificates of
deposit of any a bank or savings and loan association organized or
transacting business in the United States, the bank or savings and loan association shall be licensed and operating in this state. The cash deposit or
market value of the securities shall be equal to or greater than
the amount of the bond performance security required for the bonded area under this section. The chief shall review any documents pertaining to the performance security and approve or disapprove the documents. The chief shall notify the applicant of the chief's determination.
(C) The (H) If the performance security is a bond, the chief may accept the bond of the applicant itself
without separate surety when the applicant demonstrates to the
satisfaction of the chief the existence of a suitable agent to
receive service of process and a history of financial solvency
and continuous operation sufficient for authorization to
self-insure or bond the amount.
(D) Cash or securities so deposited shall be deposited
upon the same terms as the terms upon which surety bonds may be
deposited. The securities shall be security for the repayment of
the negotiable certificate of deposit.
(E) The amount of the bond or deposit required and the
terms of each acceptance of the applicant's bond shall be
adjusted by the chief from time to time as affected land acreages
are increased or decreased (I) Performance security provided under this section may be held in trust, provided that the state is the conditional beneficiary of the trust and the custodian of the performance security held in trust is a bank, trust company, or other financial institution that is licensed and operating in this state. The chief shall review the trust document and approve or disapprove the document. The chief shall notify the applicant of the chief's determination.
(J) If a surety, bank, savings and loan association, trust company, or other financial institution that holds the performance security required under this section becomes insolvent, the permittee shall notify the chief of the insolvency, and the chief shall order the permittee to submit a plan for replacement performance security within thirty days after receipt of notice from the chief. If the permittee provided performance security in accordance with division (C)(1) of this section, the permittee shall provide the replacement performance security within ninety days after receipt of notice from the chief. If the permittee provided performance security in accordance with division (C)(2) of this section, the permittee shall provide the replacement performance security within one year after receipt of notice from the chief, and, for a period of one year after the permittee's receipt of notice from the chief or until the permittee provides the replacement performance security, whichever occurs first, money in the reclamation forfeiture fund shall be the permittee's replacement performance security in an amount not to exceed the estimated cost of reclamation as determined by the chief.
(K) A permittee's responsibility for repairing material damage and replacement of water supply resulting from subsidence may be satisfied by liability insurance required under this chapter in lieu of the permittee's performance security if the liability insurance policy contains terms and conditions that specifically provide coverage for repairing material damage and replacement of water supply resulting from subsidence.
(L) If the performance security provided in accordance with this section exceeds the estimated cost of reclamation, the chief may authorize the amount of the performance security that exceeds the estimated cost of reclamation together with any interest or other earnings on the performance security to be paid to the permittee.
Sec. 1513.081. (A) If an operator becomes insolvent, the division of mineral resources management shall have a priority lien in front of all other interested creditors against the assets of that operator for the amount of any reclamation that is required as a result of the operator's mining activities. The chief of the division of mineral resources management shall file a statement in the office of the county recorder of each county in which the mined land lies of the estimated cost to reclaim the land. The estimated cost to reclaim the land shall include the direct and indirect costs of the development, design, construction, management, and administration of the reclamation. The statement shall constitute a lien on the assets of the operator as of the date of the filing. The lien shall continue in force so long as any portion of the lien remains unpaid or until the chief issues a certificate of release of the lien. If the chief issues a certificate of release of the lien, the chief shall file the certificate of release in the office of each applicable county recorder.
(B) The chief promptly shall issue a certificate of release of a lien under any of the following circumstances:
(1) Upon the repayment in full of the money that is necessary to complete the reclamation;
(2) Upon the transfer of an existing permit that includes the areas of the operation for which reclamation was not completed to a different operator;
(3) Any other circumstance that the chief determines to be in the best interests of the state.
(C) The chief may modify the amount of a lien under this section. If the chief modifies a lien, the chief shall file a statement in the office of the county recorder of each applicable county of the new amount of the lien.
(D) The chief may authorize an agent to hold a certificate of release in escrow for a period not to exceed one hundred eighty days for the purpose of facilitating the transfer of unreclaimed mine land.
(E) All money from the collection of liens under this section shall be deposited in the state treasury to the credit of the reclamation forfeiture fund created in section 1513.18 of the Revised Code.
Sec. 1513.13. (A)(1)
Any
person having an
interest that
is or may be adversely affected by a notice of
violation, order,
or decision of the chief
of the division of
mineral resources
management,
other than a
show cause order or an
order that adopts
a rule, or by any
modification, vacation, or
termination of such a
notice, order,
or decision, may appeal by
filing a notice of
appeal with the
reclamation commission for
review of the notice,
order, or
decision within thirty days after
the notice, order, or
decision
is served upon the person or within
thirty days after its
modification, vacation, or termination and
by filing a copy of
the
notice of appeal with the chief within
three days after
filing the
notice of appeal with the commission.
The
notice of appeal
shall
contain a copy of the notice of
violation, order, or
decision
complained of and the grounds upon
which the appeal is
based. The
commission has exclusive original
jurisdiction
to hear and
decide
such appeals. The filing of a
notice of appeal under
division
(A)(1) of this section does not
operate as a stay of
any order,
notice of
violation, or decision
of the chief.
(2) The permittee, the chief, and other interested persons
shall be given written notice of the time and place of the
hearing
at least five days prior thereto. The hearing shall be
of record.
(3) Any person authorized under this section to appeal to
the commission may request an informal review by the chief
or the
chief's designee by filing a written request with the chief within
thirty
days after a notice, order, decision, modification,
vacation, or termination
is served upon the person. Filing of the
written request shall toll the time
for appeal before the
commission, but shall not operate as
a stay of any order,
notice
of violation, or decision of the chief. The chief's determination
of
an informal review is appealable to the commission under
this
section.
(B) The commission shall affirm the notice of violation,
order, or decision of the chief unless the commission
determines
that
it is arbitrary, capricious, or otherwise inconsistent with
law;
in that case the commission may modify the notice of
violation,
order, or decision or vacate it and remand it to the
chief for
further proceedings that the commission may
direct.
The commission shall conduct hearings and render decisions
in
a timely fashion, except that all of the following apply:
(1) When the appeal concerns an order for the cessation of
coal mining and reclamation operations issued pursuant to
division
(D)(1) or (2) of section 1513.02 of the Revised Code,
the
commission shall issue its written decision within
thirty days
after the receipt of the appeal unless temporary relief has been
granted by the chairperson pursuant to division (C) of
this
section.
(2) When the appeal concerns an application for a permit
under division (I) of section 1513.07 of the Revised Code, the
commission shall hold a hearing within thirty days after
receipt
of
the notice of appeal and issue its decision within thirty days
after the hearing.
(3) When the appeal concerns a decision of the chief
regarding release of bond a performance security under division (F) of section 1513.16
of
the Revised Code, the commission shall hold a hearing
within
thirty
days after receipt of the notice of appeal and issue its
decision
within sixty days after the hearing.
(4) When the appeal concerns a decision of the chief
regarding the location of a well in a coal bearing township under
section 1509.08 of the Revised Code, the commission shall hold a
hearing and issue its decision within thirty days after receipt of
the notice of appeal.
(C) The chairperson of the
commission, under conditions
the
chairperson prescribes, may grant temporary relief
the chairperson
considers appropriate
pending final determination of an appeal if
all of the following
conditions are met:
(1) All parties to the appeal have been notified and given
an opportunity for a hearing to be held in the locality of the
subject site on the request for temporary relief and the
opportunity to be heard on the request.
(2) The person requesting relief shows that there is a
substantial likelihood that the person will prevail on the
merits.
(3) The relief will not adversely affect public health or
safety or cause significant imminent environmental harm to land,
air, or water resources.
The chairperson shall issue a decision expeditiously,
except
that when the applicant requests relief from an order for the
cessation of coal mining and reclamation operations issued
pursuant to division (D)(1) or (2) of section 1513.02 of the
Revised Code, the decision shall be issued within five days after
its receipt.
Any party to an appeal filed with the commission who is
aggrieved or adversely
affected by a decision of the chairperson
to grant or
deny temporary relief under this section may appeal
that decision to the
commission. The commission may
confine its
review to the record developed at the
hearing before the
chairperson.
The appeal shall be filed with the commission within
thirty
days
after the chairperson issues the
decision on the request for
temporary relief. The
commission shall issue a
decision as
expeditiously as possible, except that when the
appellant requests
relief from an order for the cessation of coal
mining and
reclamation operations issued pursuant to division
(D)(1) or (2)
of section 1513.02 of the Revised Code, the
decision of the
commission shall be issued within five
days after
receipt of the
notice of appeal.
The commission shall affirm the decision of the
chairperson
granting or denying temporary relief unless it determines that the
decision is
arbitrary, capricious, or otherwise inconsistent
with
law.
(D) Following the issuance of an order to show cause as to
why a permit should not be suspended or revoked pursuant to
division (D)(3) of section 1513.02 of the Revised Code, the chief
or a representative of the chief shall hold a public
adjudicatory
hearing after giving written notice of the time, place, and date
thereof. The hearing shall be of record.
Within sixty days following the public hearing, the chief
shall issue and furnish to the permittee and all other parties to
the hearing a written decision, and the reasons therefor,
concerning suspension or revocation of the permit. If the chief
revokes the permit, the permittee immediately shall cease coal
mining operations on the permit area and shall complete
reclamation within a period specified by the chief, or the chief
shall declare as forfeited the performance bonds security for the
operation.
(E)(1) Whenever an enforcement order or permit decision is
appealed under this section or any action is filed under division
(B) of section 1513.15 or 1513.39 of the Revised Code, at the
request of a prevailing party, a sum
equal to the aggregate amount
of all costs and
expenses, including attorney's fees, as
determined to have been
necessary and reasonably incurred by the
prevailing party for or
in connection with participation in the
enforcement
proceedings before the commission, the court under
section
1513.15 of
the Revised Code, or the chief under section
1513.39 of the
Revised Code, may be awarded, as considered proper,
in accordance with
divisions (E)(1)(a) to (c) of this section. In
no event shall
attorney's fees awarded under this section exceed,
for the kind
and quality of services, the prevailing market rates
at the time
the services were furnished under division (A) of this
section. A
party may be entitled to costs and expenses related
solely to the
preparation, defense, and appeal of a petition for
costs and
expenses, provided that the costs and expenses are
limited and
proportionate to costs and expenses otherwise allowed
under
division (E) of this section.
(a) A party, other than the permittee or the division of
mineral resources management, shall file a
petition, if any, for
an award of costs and
expenses, including attorney's fees, with
the chief, who shall
review the petition. If the chief finds that
the party, other
than the permittee or the division, prevailed
in
whole or in part, made a substantial contribution to a full and
fair determination of the issues, and made a contribution
separate
and distinct from the contribution made by any other
party, the
chief may award to that party the party's costs
and expenses,
including attorney's fees that were necessary and reasonably
incurred by the petitioning party for, or in connection with,
participation in
the proceeding before the commission.
(b) If a permittee who made a request under division
(E)(1)
of this section demonstrates that a party other than a
permittee
who initiated an
appeal under this section or participated in such
an appeal
initiated or participated in the appeal in bad faith and
for the
purpose of harassing or embarrassing the permittee, the
permittee
may file a petition with the chief. The chief may award
to the
permittee the costs and expenses reasonably incurred by the
permittee in connection with participation in the appeal and
assess those costs and expenses against the party who initiated
the appeal.
(c) The division may file, with the
commission, a request
for an award to the division of the
costs and
expenses reasonably
incurred by the division in connection with
an appeal initiated
under this section. The commission
may assess
those costs and
expenses against the party who initiated the
appeal if the
division demonstrates that the party initiated or
participated in
the appeal in bad faith and for the purpose of
harassing or
embarrassing the division.
(2) Whenever an order issued under this section or as a
result of any administrative proceeding under this chapter is the
subject of judicial review, at the request of any party, a sum
equal to the aggregate amount of all costs and expenses,
including
attorney's fees, as determined by the court
to have been
necessary
and reasonably incurred by the party for or in connection with
participation in the proceedings, may be awarded to either party,
in accordance with division (E)(1) of this section, as the court,
on the basis of judicial review, considers proper.
Sec. 1513.16. (A) Any permit issued under this chapter to
conduct coal mining operations shall require that the operations
meet all applicable performance standards of this chapter and
such other requirements as the chief of the division of mineral resources
management shall
adopt by rule. General performance standards
shall apply to all coal mining and reclamation operations and
shall require the operator at a minimum to do all of the
following:
(1) Conduct coal mining operations so as to maximize the
utilization and conservation of the solid fuel resource being
recovered so that reaffecting the land in the future through coal
mining can be minimized;
(2) Restore the land affected to a condition capable of
supporting the uses that it was capable of supporting prior to
any mining, or higher or better uses of which there is reasonable
likelihood, so long as the uses do not present any actual or
probable hazard to public health or safety or pose any actual or
probable threat of diminution or pollution of the waters of the
state, and the permit applicants' declared proposed land uses
following reclamation are not considered to be impractical or
unreasonable, to be inconsistent with applicable land use
policies and plans, to involve unreasonable delay in
implementation, or to violate federal, state, or local law;
(3) Except as provided in division (B) of this section,
with respect to all coal mining operations, backfill, compact
where advisable to ensure stability or to prevent leaching of
toxic materials, and grade in order to restore the approximate
original contour of the land with all highwalls, spoil piles, and
depressions eliminated unless small depressions are needed in
order to retain moisture to assist revegetation or as otherwise
authorized pursuant to this chapter, provided that if the
operator demonstrates that due to volumetric expansion the amount
of overburden and the spoil and waste materials removed in the
course of the mining operation are more than sufficient to restore
the approximate original contour, the operator shall backfill,
grade, and compact the excess overburden and other spoil and
waste materials to attain the lowest grade, but not more than the
angle of repose, and to cover all acid-forming and other toxic
materials in order to achieve an ecologically sound land use
compatible with the surrounding region in accordance with the
approved mining plan. The overburden or spoil shall be shaped
and graded in such a way as to prevent slides, erosion, and water
pollution and shall be revegetated in accordance with this
chapter.
(4) Stabilize and protect all surface areas, including
spoil piles affected by the coal mining and reclamation
operation, to control erosion and attendant air and water
pollution effectively;
(5) Remove the topsoil from the land in a separate layer,
replace it on the backfill area, or, if not utilized immediately,
segregate it in a separate pile from the spoil, and when the
topsoil is not replaced on a backfill area within a time short
enough to avoid deterioration of the topsoil, maintain a
successful cover by quick-growing plants or other means
thereafter so that the topsoil is preserved from wind and water
erosion, remains free of any contamination by acid or other toxic
material, and is in a usable condition for sustaining vegetation
when restored during reclamation. If the topsoil is of
insufficient quantity or of poor quality for sustaining
vegetation or if other strata can be shown to be more suitable
for vegetation requirements, the operator shall remove,
segregate, and preserve in a like manner such other strata as are
best able to support vegetation.
(6) Restore the topsoil or the best available subsoil that
is best able to support vegetation;
(7) For all prime farmlands as identified in division
(B)(2)(1)(p) of section 1513.07 of the Revised Code to be mined and
reclaimed, perform soil removal, storage, replacement, and reconstruction
in accordance with specifications established
by the secretary of the United States department of agriculture
under the "Surface Mining Control and Reclamation Act of 1977,"
91 Stat. 445, 30 U.S.C.A. 1201. The operator, at a
minimum, shall be required to do all of the following:
(a) Segregate the A horizon of the natural soil, except
where it can be shown that other available soil materials will
create a final soil having a greater productive capacity, and, if
not utilized immediately, stockpile this material separately from
the spoil and provide needed protection from wind and water
erosion or contamination by acid or other toxic material;
(b) Segregate the B horizon of the natural soil, or
underlying C horizons or other strata, or a combination of such
horizons or other strata that are shown to be both texturally and
chemically suitable for plant growth and that can be shown to be
equally or more favorable for plant growth than the B horizon, in
sufficient quantities to create in the regraded final soil a root
zone of comparable depth and quality to that which existed in the
natural soil, and, if not utilized immediately, stockpile this
material separately from the spoil and provide needed protection
from wind and water erosion or contamination by acid or other
toxic material;
(c) Replace and regrade the root zone material described
in division (A)(7)(b) of this section with proper compaction and
uniform depth over the regraded spoil material;
(d) Redistribute and grade in a uniform manner the surface
soil horizon described in division (A)(7)(a) of this section.
(8) Create, if authorized in the approved mining and
reclamation plan and permit, permanent impoundments of water on
mining sites as part of reclamation activities only when it is
adequately demonstrated by the operator that all of the following
conditions will be met:
(a) The size of the impoundment is adequate for its
intended purposes.
(b) The impoundment dam construction will be so designed
as to achieve necessary stability with an adequate margin of
safety compatible with that of structures constructed under the
"Watershed Protection and Flood Prevention Act," 68 Stat. 666
(1954), 16 U.S.C. 1001, as amended.
(c) The quality of impounded water will be suitable on a
permanent basis for its intended use and discharges from the
impoundment will not degrade the water quality below water
quality standards established pursuant to applicable federal and
state law in the receiving stream.
(d) The level of water will be reasonably stable.
(e) Final grading will provide adequate safety and access
for proposed water users.
(f) The water impoundments will not result in the
diminution of the quality or quantity of water utilized by
adjacent or surrounding landowners for agricultural, industrial,
recreational, or domestic uses.
(9) Conduct any augering operation associated with strip
mining in a manner to maximize recoverability of mineral reserves
remaining after the operation and reclamation are complete and
seal all auger holes with an impervious and noncombustible
material in order to prevent drainage, except where the chief
determines that the resulting impoundment of water in such auger
holes may create a hazard to the environment or the public health
or safety. The chief may prohibit augering if necessary to
maximize the utilization, recoverability, or conservation of the
solid fuel resources or to protect against adverse water quality
impacts.
(10) Minimize the disturbances to the prevailing
hydrologic balance at the mine site and in associated offsite
areas and to the quality and quantity of water in surface and
ground water systems both during and after coal mining operations
and during reclamation by doing all of the following:
(a) Avoiding acid or other toxic mine drainage by such
measures as, but not limited to:
(i) Preventing or removing water from contact with toxic
producing deposits;
(ii) Treating drainage to reduce toxic content that
adversely affects downstream water upon being released to water
courses in accordance with rules adopted by the chief in
accordance with section 1513.02 of the Revised Code;
(iii) Casing, sealing, or otherwise managing boreholes,
shafts, and wells, and keeping acid or other toxic drainage from
entering ground and surface waters.
(b)(i) Conducting coal mining operations so as to prevent,
to the extent possible using the best technology currently
available, additional contributions of suspended solids to
streamflow or runoff outside the permit area, but in no event
shall contributions be in excess of requirements set by
applicable state or federal laws;
(ii) Constructing any siltation structures pursuant to
division (A)(10)(b)(i) of this section prior to commencement of
coal mining operations. The structures shall be certified by
persons approved by the chief to be constructed as designed and
as approved in the reclamation plan.
(c) Cleaning out and removing temporary or large settling
ponds or other siltation structures from drainways after
disturbed areas are revegetated and stabilized, and depositing
the silt and debris at a site and in a manner approved by the
chief;
(d) Restoring recharge capacity of the mined area to
approximate premining conditions;
(e) Avoiding channel deepening or enlargement in
operations requiring the discharge of water from mines;
(f) Such other actions as the chief may prescribe.
(11) With respect to surface disposal of mine wastes,
tailings, coal processing wastes, and other wastes in areas other
than the mine working areas or excavations, stabilize all waste
piles in designated areas through construction in compacted
layers, including the use of noncombustible and impervious
materials if necessary, and ensure that the final contour of the
waste pile will be compatible with natural surroundings and that
the site can and will be stabilized and revegetated according to
this chapter;
(12) Refrain from coal mining within five hundred feet of
active and abandoned underground mines in order to prevent
breakthroughs and to protect the health or safety of miners. The
chief shall permit an operator to mine near, through, or
partially through an abandoned underground mine or closer than
five hundred feet to an active underground mine if both of
the following
conditions are met:
(a) The nature, timing, and sequencing of the approximate
coincidence of specific strip mine activities with specific
underground mine activities are approved by the chief;.
(b) The operations will result in improved resource
recovery, abatement of water pollution, or elimination of hazards
to the health and safety of the public.
(13) Design, locate, construct, operate, maintain,
enlarge, modify, and remove or abandon, in accordance with the
standards and criteria developed pursuant to rules adopted by the
chief, all existing and new coal mine
waste
piles consisting of
mine wastes, tailings, coal processing wastes, or other liquid
and solid wastes, and used either temporarily or permanently as
dams or embankments;
(14) Ensure that all debris, acid-forming materials, toxic
materials, or materials constituting a fire hazard are treated or
buried and compacted or otherwise disposed of in a manner
designed to prevent contamination of ground or surface waters and
that contingency plans are developed to prevent sustained
combustion;
(15) Ensure that all reclamation efforts proceed in an
environmentally sound manner and as contemporaneously as
practicable with the coal mining operations, except that where
the applicant proposes to combine strip mining operations with
underground mining operations to ensure maximum practical
recovery of the mineral resources, the chief may grant a variance
for specific areas within the reclamation plan from the
requirement that reclamation efforts proceed as contemporaneously
as practicable to permit underground mining operations prior to
reclamation if:
(a) The chief finds in writing that:
(i) The applicant has presented, as part of the permit
application, specific, feasible plans for the proposed
underground mining operations.
(ii) The proposed underground mining operations are
necessary or desirable to ensure maximum practical recovery of
the mineral resource and will avoid multiple disturbance of the
surface.
(iii) The applicant has satisfactorily demonstrated that
the plan for the underground mining operations conforms to
requirements for underground mining in this state and that
permits necessary for the underground mining operations have been
issued by the appropriate authority.
(iv) The areas proposed for the variance have been shown
by the applicant to be necessary for the implementing of the
proposed underground mining operations.
(v) No substantial adverse environmental damage, either
on-site or off-site, will result from the delay in completion of
reclamation as required by this chapter.
(vi) Provisions for the off-site storage of spoil will
comply with division (A)(21) of this section.
(b) The chief has adopted specific rules to govern the
granting of such variances in accordance with this division and
has imposed such additional requirements as the chief
considers necessary.
(c) Variances granted under this division shall be
reviewed by the chief not more than three years from the date of
issuance of the permit.
(d) Liability under the bond performance security filed by the applicant with
the chief pursuant to section 1513.08 of the Revised Code shall
be for the duration of the underground mining operations and
until the requirements of this section and section 1513.08 of the
Revised Code have been fully complied with.
(16) Ensure that the construction, maintenance, and
postmining conditions of access roads into and across the site of
operations will control or prevent erosion and siltation,
pollution of water, and damage to fish or wildlife or their
habitat, or to public or private property;
(17) Refrain from the construction of roads or other
access ways up a stream bed or drainage channel or in such
proximity to the channel as to seriously alter the normal flow of
water;
(18) Establish, on the regraded areas and all other lands
affected, a diverse, effective, and permanent vegetative cover of
the same seasonal variety native to the area of land to be
affected and capable of self-regeneration and plant succession at
least equal in extent of cover to the natural vegetation of the
area, except that introduced species may be used in the
revegetation process where desirable and necessary to achieve the
approved postmining land use plan;
(19)(a) Assume the responsibility for successful
revegetation, as required by division (A)(18) of this section,
for a period of five full years after the last year of augmented
seeding, fertilizing, irrigation, or other work in order to
ensure compliance with that division, except that when the chief
approves a long-term intensive agricultural postmining land use,
the applicable five-year period of responsibility for
revegetation shall commence at the date of initial planting for
that long-term intensive agricultural postmining land use, and
except that when the chief issues a written finding approving a
long-term intensive agricultural postmining land use as part of
the mining and reclamation plan, the chief may grant an exception
to division (A)(18) of this section;
(b) On lands eligible for remining, assume the responsibility for successful
revegetation, as required by division (A)(18) of this section, for a period of
two full years after the last year of augmented seeding, fertilizing,
irrigation, or other work in order to ensure compliance with that division.
(20) Protect off-site areas from slides or damage
occurring during the coal mining and reclamation operations and
not deposit spoil material or locate any part of the operations
or waste accumulations outside the permit area;
(21) Place all excess spoil material resulting from coal
mining and reclamation operations in such a manner that all of
the following apply:
(a) Spoil is transported and placed in a controlled manner
in position for concurrent compaction and in such a way as to
ensure mass stability and to prevent mass movement.
(b) The areas of disposal are within the bonded permit
areas for which performance security has been provided. All organic matter shall be removed immediately prior to
spoil placement except in the zoned concept method.
(c) Appropriate surface and internal drainage systems and
diversion ditches are used so as to prevent spoil erosion and
mass movement.
(d) The disposal area does not contain springs, natural
watercourses, or wet weather seeps unless lateral drains are
constructed from the wet areas to the main underdrains in such a
manner that filtration of the water into the spoil pile will be
prevented unless the zoned concept method is used.
(e) If placed on a slope, the spoil is placed upon the
most moderate slope among those slopes upon which, in the
judgment of the chief, the spoil could be placed in compliance
with all the requirements of this chapter and is placed, where
possible, upon, or above, a natural terrace, bench, or berm if
that placement provides additional stability and prevents mass
movement.
(f) Where the toe of the spoil rests on a downslope, a
rock toe buttress of sufficient size to prevent mass movement is
constructed.
(g) The final configuration is compatible with the natural
drainage pattern and surroundings and suitable for intended
uses.
(h) Design of the spoil disposal area is certified by a
qualified registered professional engineer in conformance with
professional standards.
(i) All other provisions of this chapter are met.
(22) Meet such other criteria as are necessary to achieve
reclamation in accordance with the purpose of this chapter,
taking into consideration the physical, climatological, and other
characteristics of the site;
(23) To the extent possible, using the best technology
currently available, minimize disturbances and adverse impacts of
the operation on fish, wildlife, and related environmental
values, and achieve enhancement of such resources where
practicable;
(24) Provide for an undisturbed natural barrier beginning
at the elevation of the lowest coal seam to be mined and
extending from the outslope for such distance as the chief shall
determine to be retained in place as a barrier to slides and
erosion.
(B)(1) The chief may permit mining operations for the
purposes set forth in division (B)(3) of this section.
(2) When an applicant meets the requirements of divisions
(B)(3) and (4) of this section, a permit without regard to the
requirement to restore to approximate original contour known as
mountain top removal set forth in divisions (A)(3) or (C)(2) and
(3) of this section may be granted for the mining of coal where
the mining operation will remove an entire coal seam or seams
running through the upper fraction of a mountain, ridge, or hill,
except as provided in division (B)(4)(a) of this section, by
removing all of the overburden and creating a level plateau or a
gently rolling contour with no highwalls remaining, and capable
of supporting postmining uses in accordance with this division.
(3) In cases where an industrial, commercial,
agricultural, residential, or public facility use, including
recreational facilities, is proposed for the postmining use
of the affected land, the chief may grant a permit for a mining
operation of the nature described in division (B)(2) of this
section when all of the following apply:
(a) After consultation with the appropriate land use
planning agencies, if any, the proposed postmining land use is
considered to constitute an equal or better economic or public
use of the affected land, as compared with premining use.
(b) The applicant presents specific plans for the proposed
postmining land use and appropriate assurances that the use will
be all of the following:
(i) Compatible with adjacent land uses;
(ii) Obtainable according to data regarding expected need
and market;
(iii) Assured of investment in necessary public
facilities;
(iv) Supported by commitments from public agencies where
appropriate;
(v) Practicable with respect to private financial
capability for completion of the proposed use;
(vi) Planned pursuant to a schedule attached to the
reclamation plan so as to integrate the mining operation and
reclamation with the postmining land use;
(vii) Designed by a registered engineer in conformity with
professional standards established to ensure the stability,
drainage, and configuration necessary for the intended use of the
site.
(c) The proposed use is consistent with adjacent land uses
and existing state and local land use plans and programs.
(d) The chief provides the governing body of the unit of
general-purpose local government in which the land is located,
and any state or federal agency that the chief, in the
chief's discretion, determines to have an interest in the proposed use,
an opportunity of not more than sixty days to review and comment
on the proposed use.
(e) All other requirements of this chapter will be met.
(4) In granting a permit pursuant to this division, the
chief shall require that each of the following is met:
(a) The toe of the lowest coal seam and the overburden
associated with it are retained in place as a barrier to slides
and erosion.
(b) The reclaimed area is stable.
(c) The resulting plateau or rolling contour drains inward
from the outslopes except at specified points.
(d) No damage will be done to natural watercourses.
(e) Spoil will be placed on the mountaintop bench as is
necessary to achieve the planned postmining land use, except that
all excess spoil material not retained on the mountaintop bench
shall be placed in accordance with division (A)(21) of this
section.
(f) Stability of the spoil retained on the mountaintop
bench is ensured and the other requirements of this chapter are
met.
(5) The chief shall adopt specific rules to govern the
granting of permits in accordance with divisions (B)(1) to (4) of
this section and may impose such additional requirements as the
chief considers necessary.
(6) All permits granted under divisions (B)(1) to (4) of
this section shall be reviewed not more than three years from the
date of issuance of the permit unless the applicant affirmatively
demonstrates that the proposed development is proceeding in
accordance with the terms of the approved schedule and
reclamation plan.
(C) All of the following performance standards apply to
steep-slope coal mining and are in addition to those general
performance standards required by this section, except that this
division does not apply to those situations in which an operator
is mining on flat or gently rolling terrain on which an
occasional steep slope is encountered through which the mining
operation is to proceed, leaving a plain or predominantly flat
area, or where an operator is in compliance with division (B) of
this section:
(1) The operator shall ensure that when performing coal
mining on steep slopes, no debris, abandoned or disabled
equipment, spoil material, or waste mineral matter is placed on
the downslope below the bench or mining cut. Spoil material in
excess of that required for the reconstruction of the approximate
original contour under division (A)(3) or (C)(2) of this section
shall be permanently stored pursuant to division (A)(21) of this
section.
(2) The operator shall complete backfilling with spoil
material to cover completely the highwall and return the site to
the approximate original contour, which material will maintain
stability following mining and reclamation.
(3) The operator shall not disturb land above the top of
the highwall unless the chief finds that the disturbance will
facilitate compliance with the environmental protection standards
of this section, except that any such disturbance involving land
above the highwall shall be limited to that amount of land
necessary to facilitate compliance.
(D)(1) The chief may permit variances for the purposes set
forth in division (D)(3) of this section, provided that the
watershed control of the area is improved and that complete
backfilling with spoil material shall be required to cover
completely the highwall, which material will maintain stability
following mining and reclamation.
(2) Where an applicant meets the requirements of divisions
(D)(3) and (4) of this section, a variance from the requirement
to restore to approximate original contour set forth in division
(C)(2) of this section may be granted for the mining of coal
when the owner of the surface knowingly requests in writing, as
a part of the permit application, that such a variance be granted
so as to render the land, after reclamation, suitable for an
industrial, commercial, residential, or public use, including
recreational facilities, in accordance with divisions (D)(3) and (4) of this
section.
(3) A variance pursuant to division (D)(2) of this section
may be granted if:
(a) After consultation with the appropriate land use
planning agencies, if any, the potential use of the affected land
is considered to constitute an equal or better economic or public
use.
(b) The postmining land condition is designed and
certified by a registered professional engineer in conformity
with professional standards established to ensure the stability,
drainage, and configuration necessary for the intended use of the
site.
(c) After approval of the appropriate state environmental
agencies, the watershed of the affected land is considered to be
improved.
(4) In granting a variance pursuant to division (D) of
this section, the chief shall require that only such amount of
spoil will be placed off the mine bench as is necessary to
achieve the planned postmining land use, ensure stability of the
spoil retained on the bench, and meet all other requirements of
this chapter. All spoil placement off the mine bench shall comply
with division (A)(21) of this section.
(5) The chief shall adopt specific rules to govern the
granting of variances under division (D) of this section and may
impose such additional requirements as the chief considers
necessary.
(6) All variances granted under division (D) of this
section shall be reviewed not more than three years from the date
of issuance of the permit unless the permittee affirmatively
demonstrates that the proposed development is proceeding in
accordance with the terms of the reclamation plan.
(E) The chief shall establish standards and criteria
regulating the design, location, construction, operation,
maintenance, enlargement, modification, removal, and abandonment
of new and existing coal mine waste piles referred to in division
(A)(13) of this section and division (A)(5) of section 1513.35 of
the Revised Code. The standards and criteria shall conform to
the standards and criteria used by the chief of the United States
army corps of engineers to ensure that flood control structures
are safe and effectively perform their intended function. In
addition to engineering and other technical specifications, the
standards and criteria developed pursuant to this division shall
include provisions for review and approval of plans and
specifications prior to construction, enlargement, modification,
removal, or abandonment; performance of periodic inspections
during construction; issuance of certificates of approval upon
completion of construction; performance of periodic safety
inspections; and issuance of notices for required remedial or
maintenance work.
(F)(1) The permittee may file a request with the chief for
release of a part of a performance bond or deposit security under division
(F)(3) of this section. Within thirty days after any request for
bond or deposit performance security release under this section has been filed with
the chief, the operator shall submit a copy of an advertisement
placed at least once a week for four successive weeks in a
newspaper of general circulation in the locality of the coal
mining operation. The advertisement shall be considered part of
any bond performance security release application and shall contain a notification of
the precise location of the land affected, the number of acres,
the permit number and the date approved, the amount of the bond performance security filed
and the portion sought to be released, the type and appropriate
dates of reclamation work performed, and a description of the
results achieved as they relate to the operator's approved
reclamation plan and, if applicable, the operator's pollution
abatement plan. In addition, as part of any bond performance security release
application, the applicant shall submit copies of the letters sent to
adjoining property owners, local governmental bodies,
planning agencies, and sewage and water treatment authorities or
water companies in the locality in which the coal mining and
reclamation activities took place, notifying them of the
applicant's intention to seek release from the bond performance security.
(2) Upon receipt of a copy of the advertisement and
request for release of a bond or deposit performance security under division (F)(3)(c)
of this section, the chief, within thirty days, shall conduct an
inspection and evaluation of the reclamation work involved. The
evaluation shall consider, among other things, the degree of
difficulty to complete any remaining reclamation, whether
pollution of surface and subsurface water is occurring, the
probability of continuation or future occurrence of the
pollution, and the estimated cost of abating the pollution. The
chief shall notify the permittee in writing of the decision to
release or not to release all or part of the performance bond or
deposit security within sixty days after the filing of the request if no
public hearing is held pursuant to division (F)(6) of this
section or, if there has been a public hearing held pursuant to
division (F)(6) of this section, within thirty days thereafter.
(3) The chief may release the bond or deposit performance security if the
reclamation covered by the bond or deposit performance security or portion thereof has
been accomplished as required by this chapter and rules adopted
under it according to the following schedule:
(a) When the operator completes the backfilling,
regrading, and drainage control of a bonded an area for which performance security has been provided in accordance
with the approved reclamation plan, and, if the area covered
by
the bond or deposit performance security is one for which an authorization was made
under division (E)(7) of section 1513.07 of the Revised Code, the
operator has complied with the approved pollution abatement plan
and all additional requirements established by the chief in rules
adopted under section 1513.02 of the Revised Code governing coal
mining and reclamation operations on pollution abatement areas,
the chief shall grant a release of fifty per cent of the bond or
deposit performance security for the applicable permit area.
(b) After resoiling and revegetation have been established
on the regraded mined lands in accordance with the approved
reclamation plan, the chief shall grant a release in an amount
not exceeding thirty-five per cent of the original bond or
deposit performance security for all or part of the affected area under the permit.
When determining the amount of bond performance security to be released after
successful revegetation has been established, the chief shall
retain that amount of bond performance security for the revegetated area that would be
sufficient for a third party to cover the cost of reestablishing
revegetation for the period specified for operator responsibility
in this section for reestablishing revegetation. No part of the
bond or deposit performance security shall be released under this division so long as
the lands to which the release would be applicable are
contributing suspended solids to streamflow or runoff outside the
permit area in excess of the requirements of this section or
until soil productivity for prime farmlands has returned to
equivalent levels of yield as nonmined land of the same soil type
in the surrounding area under equivalent management practices as
determined from the soil survey performed pursuant to section
1513.07 of the Revised Code. If the area covered by the bond or
deposit performance security is one for which an authorization was made under division
(E)(7) of section 1513.07 of the Revised Code, no part of the
bond or deposit performance security shall be released under this division until the
operator has complied with the approved pollution abatement plan
and all additional requirements established by the chief in rules
adopted under section 1513.02 of the Revised Code governing coal
mining and reclamation operations on pollution abatement areas.
Where a silt dam is to be retained as a permanent impoundment
pursuant to division (A)(10) of this section, the portion of bond performance security
may be released under this division so long as provisions for
sound future maintenance by the operator or the landowner have
been made with the chief.
(c) When the operator has completed successfully all coal
mining and reclamation activities, including, if applicable, all
additional requirements established in the pollution abatement
plan approved under division (E)(7) of section 1513.07 of the
Revised Code and all additional requirements established by the
chief in rules adopted under section 1513.02 of the Revised Code
governing coal mining and reclamation operations on pollution
abatement areas, the chief shall release all or any of the
remaining portion of the bond or deposit performance security for all or part of the
affected area under a permit, but not before the expiration of
the period specified for operator responsibility in this section,
except that the chief may adopt rules for a variance to the operator
period of responsibility considering vegetation success and
probability of continued growth and consent of the landowner,
provided that no bond performance security shall be fully released until all
reclamation requirements of this chapter are fully met.
(4) If the chief disapproves the application for release
of the bond or deposit performance security or portion thereof, the chief shall notify
the permittee, in writing, stating the reasons for disapproval
and recommending corrective actions necessary to secure the
release, and allowing the opportunity for a public adjudicatory
hearing.
(5) When any application for total or partial bond performance security release
is filed with the chief under this section, the chief shall
notify the municipal corporation in which the coal mining
operation is located by certified mail at least thirty days prior
to the release of all or a portion of the bond performance security.
(6) A person with a valid legal interest that might be
adversely affected by release of a bond performance security under this section or the
responsible officer or head of any federal, state, or local
government agency that has jurisdiction by law or special
expertise with respect to any environmental, social, or economic
impact involved in the operation or is authorized to develop and
enforce environmental standards with respect to such operations
may file written objections to the proposed release from the bond performance security
with the chief within thirty days after the last publication of
the notice required by division (F)(1) of this section. If
written objections are filed and an informal conference is
requested, the chief shall inform all interested parties of the
time and place of the conference. The date, time, and location
of the informal conference shall be advertised by the chief in a
newspaper of general circulation in the locality of the coal
mining operation proposed for bond performance security release for at least once a
week for two consecutive weeks. The informal conference shall be
held in the locality of the coal mining operation proposed for
bond performance security release or in Franklin county, at the option of the
objector, within thirty days after the request for the
conference. An electronic or stenographic record shall be made
of the conference proceeding unless waived by all parties. The
record shall be maintained and shall be accessible to the parties
until final release of the performance bond security at issue. In the
event all parties requesting the informal conference stipulate
agreement prior to the requested informal conference and withdraw
their request, the informal conference need not be held.
(7) If an informal conference has been held pursuant to
division (F)(6) of this section, the chief shall issue and
furnish the applicant and persons who participated in the
conference with the written decision regarding the release within
sixty days after the conference. Within thirty days after
notification of the final decision of the chief regarding the
bond performance security release, the applicant or any person with an interest that
is or may be adversely affected by the decision may appeal the
decision to the reclamation commission pursuant
to section 1513.13 of the Revised Code.
(8)(a) Except as provided in division (F)(8)(c) of this section, if the chief determines that a permittee is responsible for mine drainage that requires water treatment after reclamation is completed under the terms of the permit or that a permittee must provide an alternative water supply after reclamation is completed under the terms of the permit, the permittee shall provide alternative financial security in an amount determined by the chief prior to the release of the remaining portion of performance security under division (F)(3)(c) of this section. The alternative financial security shall be in an amount that is equal to or greater than the present value of the estimated cost over time to develop and implement mine drainage plans and provide water treatment or in an amount that is necessary to provide and maintain an alternative water supply, as applicable. The alternative financial security shall include a contract, trust, or other agreement or mechanism that is enforceable under law to provide long-term water treatment or a long-term alternative water supply, or both.
(b) The chief shall adopt rules in accordance with Chapter 119. of the Revised Code that are necessary for the administration of division (F)(8)(a) of this section.
(c) Division (F)(8)(a) of this section does not apply while the chief's determination of a permittee's responsibility under that division is the subject of a good faith administrative or judicial appeal contesting the validity of the determination. If after completion of the appeal there is an enforceable administrative or judicial decision affirming or modifying the chief's determination, the permittee shall provide the alternative financial security in an amount established in the administrative or judicial decision.
(9) Final release of the performance security in accordance with division (F)(3)(c) of this section terminates the jurisdiction of the chief under this chapter over the reclaimed site of a surface coal mining and reclamation operation or applicable portion of an operation. However, the chief shall reassert jurisdiction over such a site if the release was based on fraud, collusion, or misrepresentation of a material fact and the chief, in writing, demonstrates evidence of the fraud, collusion, or misrepresentation. Any person with an interest that is or may be adversely affected by the chief's determination may appeal the determination to the reclamation commission in accordance with section 1513.13 of the Revised Code.
(G) The chief shall adopt rules governing the criteria for
forfeiture of bond performance security, the method of determining the forfeited
amount, and the procedures to be followed in the event of
forfeiture. Cash received as the result of such forfeiture is
the property of the state.
Sec. 1513.17. (A) No person shall:
(1) Engage in coal mining or conduct a coal mining
operation without a permit issued by the chief of the division of
mineral resources management;
(2) Knowingly violate a condition or exceed the limits of
a permit;
(3) Knowingly fail to comply with an order of the chief issued under this
chapter;
(4) Knowingly violate any provision of this chapter not
specifically mentioned in this
section;
(5) Knowingly make any false statement, representation, or
certification or knowingly fail to make any statement,
representation, or certification in any application, record,
report, plan, or other document filed or required to be
maintained under this chapter
or under a
final order or decision issued by the chief;
(6) Knowingly prevent, hinder, delay, or otherwise
obstruct the operator from completing backfilling, grading,
resoiling, establishing successful vegetation, and meeting all
other reclamation requirements of this chapter prior to the final release
of the operator's
bond performance security.
(B) Division (A)(1) of this section imposes strict criminal
liability.
Sec. 1513.171. (A) For the purpose of claiming a credit under section 5749.11 of the Revised Code, an operator with a valid permit issued under section 1513.07 of the Revised Code may submit an application to the chief of the division of mineral resources management to perform reclamation on land or water resources that are not within the area of the applicant's permit and that have been adversely affected by past coal mining for which the performance security was forfeited. The chief shall provide the application form. The application shall include all of the following:
(1) The operator's name, address, and telephone number;
(2) The valid permit number of the operator;
(3) An identification of the area or areas to be reclaimed;
(4) An identification of the owner of the land;
(5) A reclamation plan that describes the work to be done to reclaim the land or water resources. The plan shall include a description of how the plan is consistent with local physical, environmental, and climatological conditions and the measures to be taken during the reclamation to ensure the protection of water systems.
(6) An estimate of the total cost of the reclamation;
(7) An estimate of the timetables for accomplishing the reclamation;
(8) Any other requirements that the chief prescribes by rule.
The chief shall approve, disapprove, or approve with modifications the application concerning the proposed reclamation work. If the chief approves the application, the applicant may commence reclamation in accordance with the timetables included in the application. Upon the completion of the reclamation to the satisfaction of the chief, the chief shall issue a numbered reclamation tax credit certificate showing the amount of the credit and the identity of the recipient.
(B) The chief shall determine the amount of the credit in accordance with this section and rules adopted under it. The amount of the credit shall be equal to the cost that the division of mineral resources management would have expended from the reclamation forfeiture fund created in section 1513.18 of the Revised Code to complete the reclamation.
(C) The chief shall adopt rules in accordance with Chapter 119. of the Revised Code that are necessary to administer this section. The rules shall establish all of the following:
(1) A procedure that the chief shall use to determine the amount of the credit issued under this section;
(2) A procedure by which the chief may obtain consent of the owners of land or water resources to allow reclamation work for purposes of this section;
(3) A procedure for delivery of notice to the owners of land or water resources on which the reclamation work is to be performed. The rules shall require the notice to include the date on which the reclamation work is scheduled to begin.
Sec. 1513.18. (A) All money that becomes the property of
the state under division (G) of section 1513.16
of the
Revised Code shall be deposited in the reclamation forfeiture
fund, which is hereby created in the state treasury. Disbursements from the
fund shall be made by the chief of the
division of mineral resources
management for the purpose of reclaiming areas
of land affected by coal mining under a coal mining and
reclamation permit issued on or after September 1, 1981, on which
an operator has defaulted.
(B) The fund also shall consist of any
moneys transferred to it under this division from the
unreclaimed lands fund created in section 1513.30 all money from the collection of liens under section 1513.081 of the
Revised
Code, any moneys transferred to
it under section 1513.181 of the
Revised
Code from the coal mining and
reclamation reserve fund created in that section, fines collected under division (E) of section 1513.02 and section 1513.99 of the Revised Code, fines collected for a violation of section 2921.31 of the Revised Code that, prior to July 1, 1996, would have been a violation of division (G) of section 1513.17 of the Revised Code as it existed prior to that date, and moneys
collected and credited to it pursuant to section 5749.02 of the
Revised
Code.
Disbursements from the fund shall be made by
the chief in accordance with division (D) of this section for the purpose of reclaiming areas
that an operator has affected by mining and failed to
reclaim under a coal mining and reclamation permit issued under
this chapter or under a surface mining permit issued under
Chapter 1514. of the
Revised
Code. The chief's priority for
management of the fund, including the selection of projects and
transfer of moneys, shall be to ensure that sufficient moneys
are available for the reclamation of areas affected by mining under
a coal mining and reclamation permit.
The chief may expend moneys from the
fund to pay necessary administrative costs,
including engineering and design services, incurred by the
division of mineral resources management in reclaiming these areas. The chief also may expend moneys from the fund to pay necessary administrative costs of the reclamation forfeiture fund advisory board created in section 1513.182 of the Revised Code as authorized by the board under that section.
Expenditures from the fund to pay such administrative
costs need not be made under contract.
As moneys are spent from the fund, the director of
budget and management, upon the certification of the chief,
shall transfer additional moneys from the unreclaimed lands fund
created in section 1513.30 of the
Revised
Code that the chief requests,
provided that the director shall not transfer more than one
million dollars from the unreclaimed lands fund to the
reclamation forfeiture fund during any fiscal
year.
(C) Except when paying necessary administrative costs
authorized by division (B) of this section, expenditures from
the fund shall be made under contracts entered into by
the
chief, with the approval of the director of natural resources, in
accordance with procedures established by the chief, by rules
adopted in accordance with section 1513.02 of the Revised Code.
The chief may reclaim the land in the same manner as set forth in
sections 1513.21 to 1513.24 of the Revised Code. Each contract
awarded by the chief shall be awarded to the lowest responsive
and responsible bidder, in accordance with section 9.312 of the
Revised Code, after sealed bids are received, opened, and
published at the time and place fixed by the chief. The chief
shall publish notice of the time and place at which bids will be
received, opened, and published, at least once and at least ten
days before the date of the opening of the bids, in a newspaper
of general circulation in the county in which the area of land to
be reclaimed under the contract is located. If, after
advertising, no bids are received at the time and
place fixed for receiving them, the chief may advertise again for
bids, or, if the chief considers the public interest will
best be
served, the chief may enter into a contract for the
reclamation of the area of
land without further advertisement for bids. The chief may
reject any or all bids received and again publish notice of the
time and place at which bids for contracts will be received,
opened, and published. The chief, with the approval of the
director, may enter into a contract with the landowner, a coal mine operator
or surface mine operator mining under a current, valid permit issued under
this chapter or Chapter 1514. of the Revised Code, or a contractor
hired by
the surety or trustee, if the performance security is held in trust, to complete reclamation to carry out reclamation on
land affected by coal mining on which an operator has defaulted
without advertising for bids.
(D) If the amount of (1) The chief shall expend money credited to the reclamation
forfeiture fund from the forfeiture of the bond performance security applicable to the
an area of land is not sufficient to pay the cost of doing all of
the reclamation work on land that the operator should have done,
but failed to do under a coal mining and reclamation permit, the chief may
expend from the
moneys credited to the fund under
section
5749.02 of the
Revised
Code or transferred to the fund
under division (B) of this
section or under section 1513.181 of the
Revised
Code
the amount of money necessary to
complete to pay for the cost of the reclamation work to the standards required by this
chapter of the land.
(2) If the performance security for the area of land was provided under division (C)(1) of section 1513.08 of the Revised Code, the chief shall use the money from the forfeited performance security to complete the reclamation that the operator failed to do under the operator's applicable coal mining and reclamation permit issued under this chapter.
(3) If the performance security for the area of land was provided under division (C)(2) of section 1513.08 of the Revised Code, the chief shall use the money from the forfeited performance security to complete the reclamation that the operator failed to do under the operator's applicable coal mining and reclamation permit issued under this chapter. If the money credited to the reclamation forfeiture fund from the forfeiture of the performance security provided under division (C)(2) of section 1513.08 of the Revised Code is not sufficient to complete the reclamation, the chief shall notify the reclamation forfeiture fund advisory board of the amount of the insufficiency. Upon receipt of the notification, the board shall authorize an expenditure of money from the fund in an amount equal to the insufficiency. The chief may expend, in the amount authorized by the board, money credited to the reclamation forfeiture fund under section 5749.02 of the Revised Code or transferred to the fund under section 1513.181 of the Revised Code to complete the reclamation. The board shall not authorize the expenditure of and the chief shall not expend money from the fund in an amount that exceeds the difference between the amount of the performance security provided under division (C)(2) of section 1513.08 of the Revised Code and the estimated cost of reclamation as determined by the chief under divisions (B) and (E) of that section.
(4) Money from the reclamation forfeiture fund shall not be used for reclamation of land or water resources affected by material damage from subsidence, mine drainage that requires extended water treatment after reclamation is completed under the terms of the permit, or coal preparation plants or coal refuse disposal areas not located within a permitted area of a mine if performance security for the area of land was provided under division (C)(2) of section 1513.08 of the Revised Code.
(E) The chief shall keep a detailed accounting of the
expenditures from the reclamation forfeiture fund
to complete reclamation of the land and, upon completion of the
reclamation, shall certify the expenditures to the attorney
general. Upon the chief's certification of the expenditures from
the reclamation forfeiture fund, the attorney general
shall bring an action for that amount of money. The operator is
liable for that expense in addition to any other
liabilities
imposed by law. Moneys so recovered shall be credited to the
reclamation forfeiture fund. The chief shall not postpone
the
reclamation because of any action brought by the attorney general
under this division. Prior to completing reclamation, the chief
may collect through the attorney general any additional amount
that the chief believes will be necessary for reclamation in
excess of the forfeited bond performance security amount applicable to the land that
the operator should have, but failed to, reclaim.
(F) If Except as otherwise provided in division (H) of this section, if any part of the moneys in the reclamation
forfeiture
fund remains in the fund after the chief has caused the area of
land to be reclaimed and has paid all the reclamation costs and
expenses, the chief may expend those moneys to complete other
reclamation work performed under this section on forfeiture areas
affected under a coal mining and reclamation permit issued on or
after September 1, 1981.
(G) The chief shall require every contractor performing
reclamation work pursuant to this section to pay workers at the
greater of their regular rate of pay, as established by contract,
agreement, or prior custom or practice, or the average wage rate
paid in this state for the same or similar work as determined by
the chief under section 1513.02 of the Revised Code.
(H) All investment earnings of the fund shall be credited to the fund and shall be used only for the reclamation of land for which performance security was provided under division (C)(2) of section 1513.08 of the Revised Code.
Sec. 1513.181. There is hereby created in the state
treasury the coal mining administration and reclamation reserve
fund. The fund shall be used for the administration and
enforcement of this chapter. The chief of the division of
mineral resources management
may transfer not more than one million dollars annually
from the fund to the reclamation forfeiture fund
created in
section 1513.18 of the Revised Code to
complete reclamation of lands affected by coal mining under a
permit issued under this chapter, or by surface mining under a surface
mining permit
issued under Chapter 1514. of the Revised Code, that the operator
failed
to reclaim and for
which the operator's bond performance security is insufficient to complete the
reclamation. Within ten days before or after the beginning of
each calendar quarter, the chief may certify to the
director of
budget and management the amount of money needed to perform such
reclamation during the quarter for transfer from the coal mining
administration and reclamation reserve fund to the reclamation
forfeiture fund.
Fines collected under division (E) of section 1513.02 and
section 1513.99 of the Revised Code, and fines collected for a violation of
section 2921.31 of the Revised Code that, prior to July 1,
1996, would have been a
violation of division (G) of section 1513.17 of the Revised Code as it existed
prior to that date, shall be paid into the coal
mining administration and reclamation reserve fund.
If the director of natural resources determines it to be necessary, the director may request the controlling board to transfer an amount of money from the coal mining administration and reclamation reserve fund to the unreclaimed lands fund created in section 1513.30 of the Revised Code.
Sec. 1513.182. (A) There is hereby created the reclamation forfeiture fund advisory board consisting of the director of natural resources, the director of insurance, and five members appointed by the governor with the advice and consent of the senate. Of the governor's appointments, one shall be a certified public accountant, one shall be a registered professional engineer with experience in reclamation of mined land, one shall represent agriculture, agronomy, or forestry, one shall be a representative of operators of coal mining operations that have valid permits issued under this chapter and that have provided performance security under division (C)(1) of section 1513.08 of the Revised Code, and one shall be a representative of operators of coal mining operations that have valid permits issued under this chapter and that have provided performance security under division (C)(2) of section 1513.08 of the Revised Code.
Of the original members appointed by the governor, two shall serve an initial term of two years, two an initial term of three years, and one an initial term of four years. Thereafter, terms of appointed members shall be for four years, with each term ending on the same date as the original date of appointment. An appointed member shall hold office from the date of appointment until the end of the term for which the member was appointed. Vacancies shall be filled in the same manner as original appointments. A member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first. The governor may remove an appointed member of the board for misfeasance, nonfeasance, or malfeasance.
The directors of natural resources and insurance shall not receive compensation for serving on the board, but shall be reimbursed for the actual and necessary expenses incurred in the performance of their duties as members of the board. The members appointed by the governor shall receive per diem compensation fixed pursuant to division (J) of section 124.15 of the Revised Code and reimbursement for the actual and necessary expenses incurred in the performance of their duties.
(B) The board annually shall elect from among its members a chairperson, a vice-chairperson, and a secretary to record the board's meetings.
(C) The board shall hold meetings as often as necessary as the chairperson or a majority of the members determines.
(D) The board shall establish procedures for conducting meetings and for the election of its chairperson, vice-chairperson, and secretary.
(E) The board shall do all of the following:
(1) Review the deposits into and expenditures from the reclamation forfeiture fund created in section 1513.18 of the Revised Code;
(2) Authorize the expenditure of money from the reclamation forfeiture fund in accordance with section 1513.18 of the Revised Code to pay the administrative costs of the board and to pay reclamation costs specified in division (D)(3) of that section;
(3) Retain periodically a qualified actuary to perform an actuarial study of the reclamation forfeiture fund;
(4) Based on an actuarial study and as determined necessary by the board, adopt rules in accordance with Chapter 119. of the Revised Code to adjust the rate of the tax levied under division (A)(8) of section 5749.02 of the Revised Code and the balance of the reclamation forfeiture fund that pertains to that rate;
(5) Evaluate any rules, procedures, and methods for estimating the cost of reclamation for purposes of determining the amount of performance security that is required under section 1513.08 of the Revised Code; the collection of forfeited performance security; payments to the reclamation forfeiture fund; reclamation of sites for which operators have forfeited the performance security; and the compliance of operators with their reclamation plans;
(6) Provide a forum for discussion of issues related to the reclamation forfeiture fund and the performance security that is required under section 1513.08 of the Revised Code;
(7) Submit a report biennially to the governor that describes the financial status of the reclamation forfeiture fund and the adequacy of the amount of money in the fund to accomplish the purposes of the fund and that may discuss any matter related to the performance security that is required under section 1513.08 of the Revised Code;
(8) Make recommendations to the governor, if necessary, of alternative methods of providing money for or using money in the reclamation forfeiture fund and issues related to the reclamation of land or water resources that have been adversely affected by past coal mining for which the performance security was forfeited;
(9) Adopt rules in accordance with Chapter 119. of the Revised Code that are necessary to administer this section.
Sec. 1513.29. There is hereby created the council on
unreclaimed strip mined lands. Its members are the chief of the
division of mineral resources management,
four persons appointed by the director
of natural resources, two members of the house of representatives
appointed by the speaker of the house of representatives, one
member of the house of representatives appointed by the minority
leader of the house of representatives, two members of the senate
appointed by the president of the senate, and one member of the
senate appointed by the minority leader of the senate.
Members who are members of the general assembly shall serve
terms of four years or until their legislative terms end,
whichever is sooner. Members appointed by the director shall
serve terms of four years, except that the terms of the first
four members shall be for two and four years, as designated by
the director. Any vacancy in the office of a member of the
council shall be filled by the appointing authority for the unexpired
term of the member whose office will be vacant. The appointing
authority may at any time remove a member of the council for
misfeasance, nonfeasance, malfeasance, or conflict of interest in
office.
The council shall hold at least four regular quarterly
meetings each year. Special meetings may be held as necessary at the call of
the chairperson or a majority of the members. The
council shall
annually elect from among its members a chairperson, a
vice-chairperson, and a secretary to keep a record
of its proceedings.
The council shall gather information, study, and make
recommendations concerning the number of acres, location,
ownership, condition, environmental damage resulting from the
condition, cost of acquiring, reclaiming, and possible future
uses and value of eroded lands within the state, including land
affected by strip mining for which no cash is held in the strip
mining reclamation forfeiture fund created in section 1513.18 of the Revised Code.
The council may employ such staff and hire such consultants
as necessary to perform its duties. Members appointed by the
director and, notwithstanding section 101.26 of the Revised Code,
members who are members of the general assembly, when engaged in
their official duties as members of the council, shall be
compensated on a per diem basis in accordance with division (J)
of section 124.15 of the Revised Code. Members shall be
reimbursed for their necessary expenses. Expenses incurred by
the council and compensation provided under this section
shall be
paid by the chief of the division of mineral
resources management from the
unreclaimed lands
fund created in section 1513.30 of the Revised Code.
The council shall report its findings and recommendations to
the governor and the general assembly not later than January 1,
1974, and biennially thereafter.
Sec. 1513.30. There is hereby created in the state
treasury the unreclaimed lands fund, to be administered by the
chief of the division of mineral resources
management and used for the purpose of
reclaiming land, public or private, affected by mining, or
controlling mine drainage, for which no cash is held in the reclamation
forfeiture fund created in section 1513.18 of
the Revised
Code or the surface mining fund created in section
1514.06 of the Revised Code and also for the purpose of paying the
expenses and compensation of the council on unreclaimed strip mined lands as
required by section 1513.29 of the Revised Code.
In order to direct expenditures from the unreclaimed lands
fund toward reclamation projects that fulfill priority needs and
provide the greatest public benefits, the chief
periodically shall submit to the council
project proposals to be financed from the unreclaimed lands fund,
together with benefit and cost data and other pertinent
information. For the purpose of selecting project areas and
determining the boundaries of project areas, the council
shall consider the feasibility, cost, and public benefits of reclaiming
the areas, their potential for being mined, the availability of
federal or other financial assistance for reclamation, and the
geographic distribution of project areas to ensure fair
distribution among affected areas.
The council shall give priority to areas where there is
little or no likelihood of mining
within the
foreseeable future, reclamation is feasible at reasonable cost
with available funds, and either of the following applies:
(A) The pollution of the waters of the state and damage to
adjacent property are most severe and widespread;.
(B) Reclamation will make possible public uses for soil,
water, forest, or wildlife conservation or public recreation
purposes, will facilitate orderly commercial or industrial site
development, or will facilitate the use or improve the enjoyment
of nearby public conservation or recreation lands.
At least two weeks before any meeting of the council on
unreclaimed strip mined lands at which the chief will submit a
project proposal, a project area will be selected, or the
boundaries of a project area will be determined, the chief shall
mail notice by first class mail to the board of county
commissioners of the county and the board of township trustees of
the township in which the proposed project lies and the chief
executive and the legislative authority of each municipal
corporation within the proposed project area. The chief
also shall give reasonable notice to the news media in the county where
the proposed project lies.
Expenditures from the unreclaimed lands fund for reclamation projects
may be made only for projects that are within the boundaries of
project areas approved by the council, and expenditures for a
particular project may not exceed any applicable limits set by
the council. Expenditures from the unreclaimed lands fund
shall be made by the chief, with the approval of the director of natural
resources.
The controlling board may transfer excess funds from the
oil and gas well fund created in section 1509.02 of the Revised Code,
after recommendation by the
council on unreclaimed strip mined lands, to meet deficiencies in the
unreclaimed lands fund.
The chief may expend an amount not to exceed twenty per
cent of the moneys credited annually by the treasurer of state to
the unreclaimed lands fund for the purpose of administering the
fund.
The chief may engage in cooperative projects under this section with any
agency of the United States, appropriate state agencies, or
state universities or colleges as defined in section 3345.27 of the Revised
Code and may
transfer money from the fund, with the approval of the council, to other
appropriate state agencies or to state universities or colleges in order to
carry out the reclamation activities authorized by this section.
If the director of natural resources determines it to be necessary, the director may request the controlling board to transfer an amount of money from the fund to the coal mining administration and reclamation reserve fund created in section 1513.181 of the Revised Code.
Sec. 1513.37. (A) There is hereby created in the state
treasury the abandoned mine reclamation fund, which shall be
administered by the chief of the division of
mineral resources management. The
fund shall consist of grants from the secretary of
the interior from the federal abandoned mine reclamation
fund
established by Title IV of the "Surface Mining Control and
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201,
regulations adopted under it, and amendments
to the act and regulations.
Expenditures from the abandoned mine reclamation fund shall be
made by the chief for the following purposes:
(1) Reclamation and restoration of land and water
resources adversely affected by past coal mining, including, but
not limited to, reclamation and restoration of abandoned strip
mine areas, abandoned coal processing areas, and abandoned coal
refuse disposal areas; sealing and filling of abandoned deep mine
entries and voids; planting of land adversely affected by past
coal mining; prevention of erosion and sedimentation; prevention,
abatement, treatment, and control of water pollution created by
coal mine drainage, including restoration of streambeds and
construction and operation of water treatment plants; prevention,
abatement, and control of burning coal refuse disposal areas and
burning coal in situ; and prevention, abatement, and control of
coal mine subsidence;
(2) Acquisition and filling of voids and sealing of
tunnels, shafts, and entryways of noncoal lands;
(3) Acquisition of land as provided for in this section;
(4) Administrative expenses incurred in accomplishing the
purposes of this section;
(5) All other necessary expenses to accomplish the
purposes of this section.
(B) Expenditures of moneys from the fund on land and water
eligible pursuant to division (C) of this section shall reflect
the following priorities in the order stated:
(1) The protection of public health, safety, general
welfare, and property from extreme danger of adverse effects of
coal mining practices;
(2) The protection of public health, safety, and general
welfare from adverse effects of coal mining practices;
(3) The restoration of land and water resources and the
environment previously degraded by adverse effects of coal mining
practices, including measures for the conservation and
development of soil and water (excluding channelization),
woodland, fish and wildlife, recreation resources, and
agricultural productivity;
(4) Research and demonstration projects relating to the
development of coal mining reclamation and water quality control
program methods and techniques;
(5) The protection, repair, replacement, construction, or
enhancement of public facilities such as utilities, roads,
recreation facilities, and conservation facilities adversely affected by
coal mining practices;
(6) The development of publicly owned land adversely
affected by coal mining practices, including land acquired as
provided in this section for recreation and historic purposes,
conservation and reclamation purposes, and open space benefits.
(C)(1) Lands and water eligible for reclamation or drainage
abatement expenditures under this section are those that were
mined for coal or were affected by such mining, wastebanks, coal
processing, or other coal mining processes and that meet one of the following
criteria:
(a) Are lands that were abandoned or left
in an inadequate reclamation status prior to August 3, 1977, and
for which there is no continuing reclamation responsibility under
state or federal laws;
(b) Are lands for which the chief finds that surface coal mining operations
occurred at any time between August 4, 1977, and August 16, 1982, and that any
moneys for reclamation or abatement that are available pursuant to a bond, performance security, or
other form of financial guarantee or from any other source are not sufficient
to provide for adequate reclamation or abatement at the site;
(c) Are lands for which the chief finds that surface coal mining operations
occurred at any time between August 4, 1977, and November 5, 1990, that the
surety of the mining operator became insolvent during that time, and that, as
of November 5, 1990, any moneys immediately available from proceedings
relating to that insolvency or from any financial
guarantee or other source are not sufficient to provide for adequate
reclamation or abatement at the site.
(2) In determining which sites to reclaim pursuant to divisions (C)(1)(b) and
(c) of this section, the chief shall follow the priorities stated in divisions
(B)(1) and (2) of this section and shall ensure that priority is given to
those sites that are in the immediate vicinity of a residential area or that
have an adverse economic impact on a local community.
(3) Surface coal mining operations on lands eligible for remining shall not
affect the eligibility of those lands for reclamation and restoration under
this section after the release of the bond, performance security, or other form of financial guarantee for any such operation as provided
under division (F) of section 1513.16 of the Revised Code. If the bond, performance security, or other form of financial guarantee for a
surface coal mining operation on lands eligible for remining is forfeited,
moneys available under this section may be used if the amount of the bond, performance security, or other form of financial guarantee is
not sufficient to provide for adequate reclamation or abatement, except that
if conditions warrant, the chief immediately shall exercise
the authority granted under division (L) of this section.
(D) The chief may submit to the secretary of the interior
a state reclamation plan and annual projects to carry out the
purposes of this section.
(1) The reclamation plan generally shall identify the
areas to be reclaimed, the purposes for which the reclamation is
proposed, the relationship of the lands to be reclaimed and the
proposed reclamation to surrounding areas, the specific criteria
for ranking and identifying projects to be funded, and the legal
authority and programmatic capability to perform the work
in
accordance with this section.
(2) On an annual basis, the chief may submit to the
secretary an application for support of the abandoned mine
reclamation fund and implementation of specific reclamation
projects. The annual requests shall include such information as
may be requested by the secretary.
Before submitting an annual application to the secretary,
the chief first shall submit it to the council on
unreclaimed strip
mined lands for review and approval by the council. The
chief
shall not submit such an application to the secretary until it
has been approved by the council. The chief shall submit
applications for administrative costs, imminent hazards, or
emergency projects to the council for review.
(3) The costs for each proposed project under this section
shall include actual construction costs, actual operation and
maintenance costs of permanent facilities, planning and
engineering costs, construction inspection costs, and other
necessary administrative expenses.
(4) Before making any expenditure of funds from the fund
to implement any specific reclamation project under this section,
the chief first shall submit to the council a project
proposal and
any other pertinent information regarding the project requested
by the council for review and approval of the specific
project by
the council.
(5) The chief may submit annual and other reports
required by the secretary when funds are provided by the
secretary under Title IV of the "Surface Mining Control and
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201, regulations adopted
under it, and
amendments to the act and regulations.
(E)(1) There is hereby created in the state treasury the acid mine
drainage abatement and treatment fund, which shall be administered by the
chief. The fund shall consist of grants from the
secretary of the interior from the federal abandoned mine
reclamation fund pursuant to section
402(g)(6) of Title IV of the "Surface Mining Control and Reclamation Act of
1977," 91 Stat. 445, 30 U.S.C.A. 1201. All investment earnings of the fund
shall be credited to the fund.
(2) The chief shall make expenditures from the fund, in consultation
with the
United States department of agriculture, soil conservation service, to
implement acid mine drainage abatement and treatment plans approved by the
secretary. The plans shall
provide for the
comprehensive abatement of the causes and treatment of the effects of acid
mine drainage within qualified hydrologic units affected by coal mining
practices and shall include at least all of the following:
(a) An identification of the qualified hydrologic unit.
As used in division
(E) of this section, "qualified hydrologic unit" means a hydrologic unit that
meets all of the following criteria:
(i) The water quality in the unit has been significantly
affected by acid
mine drainage from coal mining practices in a manner that has an adverse
impact on biological resources.
(ii) The unit contains lands and waters that meet the
eligibility requirements established under division (C) of this section and
any of the priorities established in divisions (B)(1) to (3) of this
section.
(iii) The unit contains lands and waters that are proposed
to be the subject of
expenditures from the reclamation forfeiture fund created in section 1513.18
of the Revised Code or the
unreclaimed lands fund created in section 1513.30 of the Revised Code.
(b) The extent to which acid mine drainage is affecting
the water quality and
biological resources within the hydrologic unit;
(c) An identification of the sources of acid mine drainage
within the
hydrologic unit;
(d) An identification of individual projects and the
measures proposed to be
undertaken to abate and treat the causes or effects of acid mine drainage
within the hydrologic unit;
(e) The cost of undertaking the proposed abatement and
treatment measures;
(f) An identification of existing and proposed sources of
funding for those
measures;
(g) An analysis of the cost-effectiveness and
environmental benefits of
abatement and treatment measures.
(3) The chief may make grants of moneys from the
acid mine drainage abatement and treatment fund to watershed
groups for conducting projects to accomplish the purposes of
this section. A grant may be made in an amount equal to not
more than fifty per cent of each of the following:
(a) Reasonable and necessary expenses for the
collection and analysis of data sufficient to do either or both
of the following:
(i) Identify a watershed
as a qualified hydrologic unit;
(ii) Monitor the quality of water in a qualified
hydrologic unit before, during, and at any time after completion
of the project by the watershed group.
(b) Engineering design costs and
construction costs involved in the project, provided that the
project is conducted in a qualified hydrologic unit and the
chief considers the project to be a priority.
A watershed group that wishes to obtain a grant under
division (E)(3) of this section
shall submit an application to the chief on forms provided by
the division of mineral resources
management, together with detailed
estimates and timetables for accomplishing the stated goals of
the project and any other information that the chief
requires.
For the purposes of establishing priorities for awarding
grants under division (E)(3) of
this section, the chief shall consider each project's
feasibility, cost-effectiveness, and environmental benefit,
together with the availability of matching funding, including
in-kind services, for the project.
The chief shall enter into a contract for funding with
each applicant awarded a grant to ensure that the moneys granted
are used for the purposes of this section and that the work
that the project involves is done
properly. The contract is not subject to division
(B) of section 127.16 of the
Revised Code. The final payment of
grant moneys shall not be made until the chief inspects and
approves the completed project.
The chief shall require each applicant awarded a grant
under this section who conducts a project involving construction
work to pay workers at the greater of their regular rate of pay,
as established by contract, agreement, or prior custom or
practice, or the average wage rate paid in this state for the
same or similar work performed in the same or a similar locality
by private companies doing similar work on similar
projects.
As used in division (E)(3) of this section,
"watershed group" means a charitable organization as defined in
section 1716.01 of the Revised
Code that has been established
for the purpose of conducting reclamation of land and waters
adversely affected by coal mining practices and specifically for
conducting acid mine drainage abatement.
(F)(1) If the chief makes a finding of fact that land or
water resources have been adversely affected by past coal mining
practices; the adverse effects are at a stage where, in the
public interest, action to restore, reclaim, abate, control, or
prevent the adverse effects should be taken; the owners of the
land or water resources where entry must be made to restore,
reclaim, abate, control, or prevent the adverse effects of past
coal mining practices are not known or are not readily available;
or the owners will not give permission for the state, political
subdivisions, or their agents, employees, or contractors to enter
upon the property to restore, reclaim, abate, control, or prevent
the adverse effects of past coal mining practices; then, upon
giving notice by mail to the owners, if known, or, if not known,
by posting notice upon the premises and advertising once in a
newspaper of general circulation in the municipal corporation or
county in which the land lies, the chief or the chief's
agents,
employees, or contractors may enter upon the property adversely
affected by past coal mining practices and any other property to
have access to the property to do all things necessary or
expedient to restore, reclaim, abate, control, or prevent the
adverse effects. The entry shall be construed as an exercise of
the police power for the protection of the public health, safety,
and general welfare and shall not be construed as an act of
condemnation of property nor of trespass on it. The
moneys
expended for the work and the benefits accruing to any such
premises so entered upon shall be chargeable against the land and
shall mitigate or offset any claim in or any action brought by
any owner of any interest in the premises for any alleged damages
by virtue of the entry, but this provision is not intended to
create new rights of action or eliminate existing immunities.
(2) The chief or the chief's authorized representatives may
enter
upon any property for the purpose of conducting studies or
exploratory work to determine the existence of adverse effects of
past coal mining practices and to determine the feasibility of
restoration, reclamation, abatement, control, or prevention of
such adverse effects. The entry shall be construed as an
exercise of the police power for the protection of the public health,
safety, and general welfare and shall not be construed as an act
of condemnation of property nor trespass on it.
(3) The chief may acquire any land by purchase, donation,
or condemnation that is adversely affected by past coal mining
practices if the chief determines that acquisition of the land is
necessary to successful reclamation and that all of the following apply:
(a) The acquired land, after restoration, reclamation,
abatement, control, or prevention of the adverse effects of past
coal mining practices, will serve recreation and historic
purposes, serve conservation and reclamation purposes, or provide
open space benefits.
(b) Permanent facilities such as a treatment plant or a
relocated stream channel will be constructed on the land for the
restoration, reclamation, abatement, control, or prevention of
the adverse effects of past coal mining practices.
(c) Acquisition of coal refuse disposal sites and all coal
refuse thereon will serve the purposes of this section or
public ownership is desirable to meet emergency situations and
prevent recurrences of the adverse effects of past coal mining
practices.
(4)(a) Title to all lands acquired pursuant to this
section shall be in the name of the state. The price paid for
land acquired under this section shall reflect the market value
of the land as adversely affected by past coal mining practices.
(b) The chief may receive grants on a matching basis from
the secretary of the interior for the purpose of carrying out
this section.
(5)(a) Where land acquired pursuant to this section is
considered to be suitable for industrial, commercial,
residential, or recreational development, the chief may sell the
land by public sale under a system of competitive bidding at not
less than fair market value and under other requirements
imposed by rule to ensure that the lands are put to proper use
consistent with local and state land use plans, if any, as
determined by the chief.
(b) The chief, when requested, and after appropriate
public notice, shall hold a public meeting in the county,
counties, or other appropriate political subdivisions of the
state in which lands acquired pursuant to this section are
located. The meetings shall be held at a time that shall
afford
local citizens and governments the maximum opportunity to
participate in the decision concerning the use or disposition of
the lands after restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices.
(6) In addition to the authority to acquire land under
division (F)(3) of this section, the chief may use money in the
fund to acquire land by purchase, donation, or condemnation, and
to reclaim and transfer acquired land to a political subdivision,
or to any person, if the chief determines that it is an
integral and
necessary element of an economically feasible plan for the
construction or rehabilitation of housing for persons disabled as
the result of employment in the mines or work incidental to
that employment, persons displaced by acquisition of land pursuant to this
section, persons dislocated as the result of adverse effects of
coal mining practices that constitute an emergency as provided in
the "Surface Mining Control and Reclamation Act of 1977," 91
Stat. 466, 30 U.S.C.A. 1240, or amendments to it, or
persons
dislocated as the result of natural disasters or catastrophic
failures from any cause. Such activities shall be accomplished
under such terms and conditions as the chief requires, which may
include transfers of land with or without monetary consideration,
except that to the extent that the consideration is below the
fair market value of the land transferred, no portion of the
difference between the fair market value and the consideration
shall accrue as a profit to those persons. No part of the funds
provided under this section may be used to pay the actual
construction costs of housing. The chief may carry out the
purposes of division (F)(6) of this section
directly or by making grants and
commitments for grants and may advance money under such terms
and conditions as the chief may require to any agency or
instrumentality
of the state or any public body or nonprofit organization
designated by the chief.
(G)(1) Within six months after the completion of projects
to restore, reclaim, abate, control, or prevent adverse effects
of past coal mining practices on privately owned land, the chief
shall itemize the moneys so expended and may file a statement
of the expenditures in the office of the county recorder
of the county in
which the land lies, together with a notarized appraisal by an
independent appraiser of the value of the land before the
restoration, reclamation, abatement, control, or prevention of
adverse effects of past coal mining practices if the moneys so
expended result in a significant increase in property value. The
statement shall constitute a lien upon the land as of the date of
the expenditures of the moneys and shall have priority as a lien
second only to the lien of real property taxes imposed upon the
land. The lien shall not exceed the amount determined by the
appraisal to be the increase in the fair market value of the land as a
result of the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices.
No lien shall be filed under division (G) of this
section against the property
of any person who owned the surface prior to May 2, 1977, and did
not consent to, participate in, or exercise control over the
mining operation that necessitated the reclamation performed.
(2) The landowner may petition, within sixty days after
the filing of the lien, to determine the increase in the fair market
value of the land as a result of the restoration, reclamation,
abatement, control, or prevention of the adverse effects of past
coal mining practices. The amount reported to be the increase in
value of the premises shall constitute the amount of the lien and
shall be recorded with the statement provided in this section.
Any party aggrieved by the decision may appeal as provided by
state law.
(3) The lien provided in division (G) of this
section shall be recorded
and indexed, under the name of the state and the landowner, in a
lien index in the office of the county recorder of the county in
which the land lies. The county recorder shall impose no charge for the
recording or indexing of the lien. If the land is registered, the county
recorder shall make a notation and enter a memorial of the lien
upon the page of the register in which the last certificate of
title to the land is registered, stating the name of the
claimant, amount claimed, volume and page of the record where
recorded, and exact time the memorial was entered.
(4) The lien shall continue in force so long as any portion of the amount of
the lien remains unpaid. If the lien remains unpaid at the time of conveyance
of the land on which the lien was placed, the conveyance may be set aside.
Upon repayment
in full of the moneys expended under
this section, the chief promptly shall issue a certificate of
release of the lien. Upon presentation of the certificate of
release, the county recorder of the county in which the lien is
recorded shall record the lien as having been discharged.
(5) A lien imposed under this section shall be foreclosed upon the
substantial failure of a landowner to pay any portion of the amount of the
lien. Before foreclosing any lien under this section, the chief shall make a
written demand upon the landowner for payment. If the landowner does not pay
the amount due within sixty days, the chief shall refer the matter to the
attorney general, who shall institute a civil action to foreclose the lien.
(H)(1) The chief may fill voids, seal abandoned
tunnels, shafts, and entryways, and reclaim surface impacts of
underground or strip mines that the chief determines could
endanger life
and property, constitute a hazard to the public health and
safety, or degrade the environment.
(2) In those instances where mine waste piles are being
reworked for conservation purposes, the incremental costs of
disposing of the wastes from those operations by filling voids
and sealing tunnels may be eligible for funding, provided that
the disposal of these wastes meets the purposes of this section.
(3) The chief may acquire by purchase, donation, easement,
or otherwise such interest in land as the chief determines
necessary to
carry out division (H) of this section.
(I) The chief shall report annually to the
secretary of the
interior on operations under the fund and include
recommendations as to its future uses.
(J)(1) The chief may engage in any work and do all things
necessary or expedient, including the adoption of rules, to
implement and administer this section.
(2) The chief may engage in cooperative projects under
this section with any agency of the United States, any other
state, or their governmental agencies or with any state university or
college as defined in section 3345.27 of the Revised Code. The cooperative projects are not
subject to division (B) of section 127.16 of the Revised Code.
(3) The chief may request the attorney general to initiate
in any court of competent jurisdiction an action in equity for an
injunction to restrain any interference with the exercise of the
right to enter or to conduct any work provided in this section,
which remedy is in addition to any other remedy available under
this section.
(4) The chief may construct or operate a plant or plants
for the control and treatment of water pollution resulting from
mine drainage. The extent of this control and treatment may be
dependent upon the ultimate use of the water. Division (J)(4) of
this section does not repeal or supersede any portion of the
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33
U.S.C.A. 1151, as amended, and no control or treatment under
division (J)(4) of this section, in any way, shall be less than
that required by that act. The construction of a plant or plants
may include major interceptors and other facilities appurtenant
to the plant.
(5) The chief may transfer money from the abandoned mine reclamation fund
and
the acid mine drainage abatement and treatment fund to other
appropriate state agencies or to state universities or colleges in
order to carry out the reclamation
activities authorized by this section.
(K) The chief may contract for any part of work to be
performed under this section, with or without advertising for
bids, if the chief determines that a condition exists that
could
reasonably be expected to cause substantial physical harm to
persons, property, or the environment and to which persons or
improvements on real property are currently exposed.
The chief shall require every contractor performing
reclamation work under this section to pay its workers at the
greater of their regular rate of pay, as established by contract,
agreement, or prior custom or practice, or the average wage rate
paid in this state for the same or similar work as determined by
the chief under section 1513.02 of the Revised Code.
(L)(1) The chief may contract for the emergency restoration, reclamation,
abatement, control, or prevention of adverse effects of mining practices on
eligible lands if the chief determines that an emergency
exists constituting a danger
to the public health, safety, or welfare and that no other person or agency
will act expeditiously to restore, reclaim, abate, control, or prevent those
adverse effects. The chief may enter into a contract for emergency work under
division (L) of this section without advertising
for bids. Any such contract or any purchase
of materials for emergency work under division (L) of
this section is not subject to division
(B) of section 127.16 of the Revised Code.
(2) The chief or the chief's agents, employees, or
contractors may enter on any land
where such an emergency exists, and on other land in order to have access to
that land, in order to restore, reclaim, abate, control, or prevent the
adverse effects of mining practices and to do all things necessary or
expedient to protect the public health, safety, or welfare. Such an entry
shall be construed as an exercise of the police power and shall not be
construed as an act of condemnation of property or of trespass. The moneys
expended for the work and the benefits accruing to any premises so entered
upon shall be chargeable against the land and shall mitigate or offset any
claim in or any action brought by any owner of any interest in the premises
for
any alleged damages by virtue of the entry. This provision is not intended to
create new rights of action or eliminate existing immunities.
Sec. 1513.371. There is hereby created in the state treasury the mined land set aside fund consisting of grants made by the United States secretary of the interior from the federal abandoned mine reclamation fund pursuant to section 402 of the "Surface Mining Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 1232. The chief of the division of mineral resources management shall administer the fund. Money in the fund shall be used solely for the purposes specified in divisions (B)(1) to (4) of section 1513.37 of the Revised Code. All investment earnings of the fund shall be credited to the fund.
Sec. 1514.01.
As used in this chapter:
(A) "Surface mining" means all or any part
of a process
followed in the production of minerals from the
earth or from the
surface of the land by surface excavation
methods, such as open
pit mining, dredging, placering, or
quarrying, and includes the
removal of overburden for the purpose
of determining the location,
quantity, or quality of mineral
deposits, and the incidental
removal of coal at a rate less than
one-sixth the total weight of
minerals and coal removed during
the year, but does not include:
test or exploration boring;
mining operations carried out beneath
the surface by means of
shafts, tunnels, or similar mine openings;
the extraction of
minerals, other than coal, by a landowner for
the
landowner's own
noncommercial use where such material is
extracted and used in an
unprocessed form on the same tract of
land; the extraction of
minerals, other than coal, from borrow
pits for highway
construction purposes, provided that the
extraction is performed
under a bond, a contract, and
specifications that substantially
provide for and require
reclamation practices consistent with the
requirements of this
chapter; the removal of minerals incidental
to construction work,
provided that the owner or person having
control of the land upon
which the construction occurs, the
contractor, or the construction
firm possesses a valid building
permit;
the removal of minerals
to a depth of not more than
five feet, measured from the highest
original surface elevation
of the area to be excavated, where not
more than one acre of land
is excavated during twelve successive
calendar months; routine dredging of
a
watercourse for purely
navigational or flood control purposes during which
materials are
removed for
noncommercial
purposes; or the extraction or movement
of soil or minerals within a solid waste facility, as defined in
section 3734.01 of the Revised Code, that is a sanitary landfill
when the soil or minerals are used exclusively for the
construction, operation, closure, and post-closure care of the
facility or for maintenance activities at the facility.
(B) "Minerals" means sand, gravel, clay, shale, gypsum,
halite, limestone, dolomite, sandstone, other stone,
metalliferous
or nonmetalliferous ore, or other material or
substance of
commercial value excavated in a solid state from
natural deposits
on or in the earth, but does not include coal or
peat.
(C) "Overburden" means all of the earth and other
materials
that cover a natural deposit of minerals and also
means such earth
and other materials after removal from their
natural state in the
process of surface mining.
(D) "Spoil bank" means a pile of removed overburden.
(E) "Area of land affected" means the area of land that
has
been excavated, or upon which a spoil bank exists, or both.
(F)(1) "Operation" or "surface mining operation" means all
of
the premises, facilities, and equipment used in the process of
removing minerals, or minerals and incidental coal, by surface
mining from a mining area in the creation of which mining area
overburden or minerals, or minerals and incidental coal, are
disturbed or removed, such surface mining area being located upon
a single tract of land or upon two or more contiguous tracts of
land. Separation by a stream or roadway shall not preclude the
tracts from being considered contiguous.
(2) When the context indicates, "operation" or "in-stream
mining
operation" means all of the premises, facilities, and
equipment
used in the
process of removing
minerals by in-stream
mining from
a mining area.
(G) "Operator" means any person engaged in surface mining
who removes minerals, or minerals and incidental coal, from the
earth by surface mining or who removes overburden for the purpose
of determining the location, quality, or quantity of a mineral
deposit.
"Operator" also means
any
person engaged in in-stream
mining who removes minerals from
the bottom of the
channel of a
watercourse by in-stream mining.
(H) "Performance bond" means the surety bond required to be
filed under
section 1514.04 of the Revised Code and includes cash,
an irrevocable letter
of credit, and negotiable certificates of
deposit authorized to be deposited
in lieu of the surety bond
under that section.
(I)
"Dewatering" means the withdrawal of ground water from
an
aquifer or saturated zone that may result in the lowering of
the
water level
within the aquifer or
saturated zone or a decline
of
the potentiometric surface within
that aquifer or saturated
zone.
(J) "Ground water" means all water occurring in an aquifer.
(K) "Cone of depression" means a depression or low point in
the
water table or potentiometric surface of a body of ground
water that
develops around
a location from which ground water is
being withdrawn.
(L) "High water mark" means the line on the shore that is
established by the fluctuations of water and indicated by physical
characteristics such as a natural line impressed on the bank;
shelving;
changes in the character of soil; destruction of
terrestrial vegetation; the
presence of litter and debris; or
other appropriate means that consider the
characteristics of the
surrounding area.
(M) "In-stream mining" means all or any part of a process
followed in the production of minerals from the bottom of the
channel of a
watercourse that drains a
surface area of more than
one hundred square miles. "In-stream
mining" may be accomplished
by using any technique or by using
surface excavation methods,
such as open pit mining, dredging,
placering, or quarrying, and
includes the removal of overburden
for the purpose of determining
the location, quantity, or quality
of mineral deposits.
"In-stream
mining" does not include either
of the following:
(1) Routine dredging for purely navigational or flood
control purposes during
which materials are removed for
noncommercial purposes;
(2) The extraction of minerals, other than coal, by a
landowner
for the landowner's own noncommercial use when the
material is
extracted and used in an unprocessed form on the same
tract of
land.
For purposes of division (M) of this section, the number of
square
miles of surface area that a watercourse drains shall be
determined by
consulting the "gazetteer of Ohio streams," which is
a
portion of the Ohio water plan inventory published in 1960 by
the
division of water in the department of natural resources, or
its
successor, if any.
(N) In provisions concerning in-stream mining, when the
context
is appropriate, "land" is deemed to include an area of a
watercourse.
(O) "Watercourse" means any naturally occurring perennial or
intermittent stream, river, or creek flowing within a defined
stream bed and banks.
(P) "Certified mine foreperson" means the person whom the operator of a surface mining operation places in charge of the conditions and practices at the mine, who is responsible for conducting workplace examinations under 30 C.F.R. part 56, as amended, and who has passed an examination for the position administered by the division of mineral resources management.
Sec. 1514.011. The division of mineral resources management has authority over all surface mining operations located in the state and shall exercise that authority as provided in this chapter.
Sec. 1514.03. Within thirty days after each anniversary
date
of issuance of a surface
or in-stream mining permit, the operator
shall
file
with the chief of the division of mineral
resources
management an
annual
report, on a form prescribed and furnished by
the chief,
that, for the period covered by the report, shall state
the
amount
of and identify the types of minerals and coal, if any
coal,
produced and shall state the number of acres affected and
the
number of acres estimated to be affected during the next year
of
operation. An annual report is not required to be filed if a
final report is filed in lieu thereof.
Each annual report
for a surface mining operation shall
include a
progress map indicating
the location of areas of land
affected during the period of the
report and the location of the
area of land estimated to be
affected during the next year. The
map shall be prepared in
accordance with division (A)(11) or
(12)
of section 1514.02 of
the Revised Code, as appropriate,
except
that a map prepared in
accordance with division (A)(12)
of that
section may be
certified
by the operator or authorized
agent of
the operator in lieu of
certification by a professional
engineer
or
surveyor registered under Chapter 4733. of the Revised
Code.
However, the
chief may require that an annual progress
map
or a
final map be prepared by a registered professional
engineer
or
registered surveyor if the chief has reason to
believe that
the
operator exceeded the boundaries of the permit area or, if
the
operator filed the map required under division (A)(11) of
section
1514.02 of the Revised Code, that the operator extracted
ten
thousand tons or more of minerals during the period covered
by
the
report.
Each annual report for an in-stream mining operation shall
include a statement of the total tonnage removed by in-stream
mining for
each month and of the surface acreage and depth of
material removed by
in-stream mining and shall include a map that
identifies the area
affected by the in-stream mining, soundings
that depict the cross-sectional views of the channel bottom of the
watercourse, and
water elevations for the watercourse.
Each annual report shall be accompanied by a filing fee in
the amount of
five hundred
dollars,
except in the
case of an
annual report filed by a small
operator or an in-stream
mining
operator. A small
operator, which is a surface mine
operator who
intends to
extract
fewer than ten thousand tons of
minerals and no
coal during the
next
year of operation under the
permit, or an
in-stream mining operator shall include a filing
fee
in the amount
of two hundred fifty dollars with each annual
report. The annual
report of
any operator also shall be
accompanied by
an acreage fee
in the
amount of
seventy-five
dollars multiplied by the number
of
acres
estimated in the report
to be affected during the next year
of
operation under the permit.
The acreage fee shall be
adjusted
by subtracting a credit of
seventy-five dollars per
excess acre
paid
for the preceding
year if the acreage paid for the preceding
year
exceeds the
acreage actually affected or by adding an
additional
amount of
seventy-five dollars per excess acre
affected
if the
acreage
actually affected exceeds the acreage paid
for the
preceding
year.
With each annual report the operator shall file a
performance
bond in the amount,
unless otherwise provided by
rule, of
one
thousand five hundred dollars multiplied
by the number of acres
estimated to be
affected during the next year of operation under
the permit for
which no performance bond previously
was filed.
Unless otherwise
provided by rule, the
bond shall be adjusted
by
subtracting a
credit of
one
thousand five hundred
dollars per
excess acre for which bond was
filed for the
preceding year if the
acreage for which the bond was
filed for
the preceding year
exceeds the acreage actually
affected, or by
adding an amount of
one thousand five hundred dollars per
excess
acre affected
if the
acreage actually affected exceeds the
acreage for which
bond was
filed for the preceding year.
Within thirty days after the expiration of the surface
or
in-stream mining
permit, or completion or abandonment of the
operation,
whichever
occurs earlier, the operator shall submit a
final
report
containing the same information required in an annual
report, but
covering the time from the last annual report to the
expiration of
the permit, or completion or abandonment of the
operation,
whichever occurs earlier.
Each final report shall include a map indicating the
location
of the area of land affected during the period of the
report and
the location of the total area of land affected under
the permit.
The map shall be prepared in accordance with
division (A)(11)
or
(12) of section 1514.02 of the Revised Code,
as
appropriate.
In the case of a final
report for an in-stream mining
operation, the map also shall
include the
information required
under division
(A)(18) of section
1514.02 of the Revised
Code.
If the final report and certified map, as verified by the
chief, show that the number of acres affected under the permit is
larger than the number of acres for which the operator has paid
an
acreage fee or filed a performance bond,
upon
notification by the
chief, the operator shall pay an additional
acreage fee in the
amount of
seventy-five dollars
multiplied by the
difference
between the number of acres affected under the permit
and the
number of acres for which the operator has paid an
acreage fee and
shall file an additional performance
bond
in the amount,
unless
otherwise provided by rule, of
one thousand five hundred dollars
multiplied by
the difference between the number of acres affected
under the
permit and the number of acres for which the operator
has filed
bond.
If the final report and certified map, as verified by the
chief, show that the number of acres affected under the permit is
smaller than the number of acres for which the operator has filed
a
performance
bond,
the chief
shall order release of the excess
bond. However, the chief shall retain a
performance bond in a
minimum amount of
ten
thousand dollars irrespective of the
number
of acres affected
under the permit. The release of the
excess
bond shall be in
an amount,
unless otherwise provided by
rule,
equal to
one thousand five hundred dollars multiplied by the
difference
between the number of acres affected under the permit
and the
number of acres for which the operator has filed bond.
The fees
collected pursuant to this section and section
1514.02
of the Revised
Code shall be deposited with the treasurer
of state to the credit
of the surface mining fund created under
section
1514.06 of the Revised Code.
If upon inspection the chief finds that any filing fee,
acreage fee, performance bond, or part thereof is not paid when
due or
is paid on the basis of false or substantially inaccurate
reports,
the chief may request the attorney general to recover the
unpaid
amounts that are due the state, and the attorney general
shall commence appropriate legal proceedings to recover the unpaid
amounts.
Sec. 1514.04. (A) Upon receipt of notification from the chief
of
the division of mineral resources
management of the chief's
intent
to issue an order
granting a surface
or in-stream mining permit to
the
applicant, the applicant
shall file a surety bond, cash, an
irrevocable letter of credit,
or certificates of deposit in the
amount,
unless otherwise provided
by rule, of
ten thousand
dollars plus one
thousand. If the amount of land to be affected is more than twenty acres, the applicant also shall file a surety bond, cash, an irrevocable letter of credit, or certificates of deposit in the amount of five hundred dollars per
acre of land to be affected that exceeds twenty acres.
Upon receipt
of notification from the
chief of the chief's intent
to issue an
order granting an
amendment to a
surface
or in-stream
mining
permit, the
applicant shall file a surety bond,
cash, an
irrevocable letter of
credit, or certificates of deposit in the
amount,
unless otherwise
provided by rule, of
one
thousand
dollars per acre of
land to be affected required in this division.
In the case of a surface mining permit, the bond shall be
filed for based on the number of acres estimated to be affected during the
first year of operation under the permit. In the case of an
amendment to a surface mining permit, the bond shall be filed for
based on the number of acres estimated to be affected during the balance
of
the period until the next anniversary date of the permit.
In the case of an in-stream mining permit, the bond shall be
filed for based on the number of acres of land within the limits of the
in-stream
mining permit for the entire permit period. In the case
of an amendment
to an in-stream mining permit, the bond shall be
filed for based on the
number of any additional acres of land to be
affected within the
limits of the in-stream mining permit.
(B) A surety bond filed pursuant to this section and sections
1514.02 and 1514.03 of the Revised Code shall be upon the form
that the chief prescribes and provides and shall be signed by the
operator as principal and by a surety company authorized to
transact business in the state as surety. The bond shall be
payable to the state and shall be conditioned upon the faithful
performance by the operator of all things to be done and
performed
by the operator as provided in this chapter
and the rules and
orders of the chief adopted or issued pursuant
thereto.
The operator may deposit with the chief, in lieu of a surety
bond, cash in an amount equal to the surety bond as prescribed in
this section, an irrevocable letter of credit or negotiable
certificates of
deposit issued by any
bank organized or
transacting business in this state, or an irrevocable letter
of
credit or
certificates of deposit issued by any savings and loan
association as defined in section 1151.01 of the Revised Code,
having a cash value equal to or greater than the amount of the
surety bond as prescribed in this section. Cash or certificates
of deposit shall be deposited upon the same terms as the terms
upon which surety bonds may be deposited. If one or more
certificates of deposit are deposited with the chief in lieu of
a
surety bond, the chief shall require the bank or savings and
loan
association that issued any such certificate to pledge
securities
of a cash value equal to the amount of the
certificate, or
certificates, that is in excess of the amount
insured by the
federal deposit insurance corporation. The securities shall
be
security for the repayment of the certificate of deposit.
(C) Immediately upon a deposit of cash, a letter of credit, or
certificates with
the
chief, the chief shall deliver it to the
treasurer of state
who shall
hold it in trust for the purposes for
which it has been
deposited. The treasurer of state shall be
responsible for the
safekeeping of such deposits. An operator
making a deposit of
cash, a letter of credit, or certificates of
deposit may withdraw and receive
from the
treasurer of state, on
the written order of the chief, all or any
part of the cash,
letter of credit, or certificates in the possession of the
treasurer of state, upon depositing with the treasurer of state
cash, an irrevocable letter of credit, or negotiable certificates
of
deposit
issued by any bank
organized or transacting business in
this state, or an irrevocable letter of
credit or certificates
of
deposit issued by any savings and loan association, equal in
value
to the value of the cash, letter of credit, or certificates
withdrawn.
An
operator may demand and receive from the treasurer
of state all
interest or other income from any certificates as it
becomes due. If
certificates deposited with and in the possession
of the
treasurer of state mature or are called for payment by the
issuer
thereof, the treasurer of state, at the request of the
operator
who deposited them, shall convert the proceeds of the
redemption
or payment of the certificates into such other
negotiable
certificates of deposit issued by any bank organized or
transacting business in this state, such other certificates of
deposit issued by any savings and loan association, or cash, as
may be designated by the operator.
(D) A governmental agency, as defined in division (A) of section
1514.022 of the Revised Code, or a board or commission that
derives its authority from a governmental agency shall not require
a surface
or in-stream mining operator to file a surety bond or
any other form
of financial assurance
for the reclamation of land
to be affected
by a surface or in-stream mining operation
authorized under this chapter.
Sec. 1514.05. (A) At any time within the period allowed
an
operator by section 1514.02 of the Revised Code to reclaim an
area
of land affected by surface
or in-stream mining, the operator may
file a
request, on a form provided by the chief of the division of
mineral resources management, for
inspection of the area of land
upon which
a phase of the
reclamation, other than any required planting, is completed.
For purposes
of inspections and
subsequent releases of
performance
bonds or
cash, irrevocable
letters of credit, or certificates of deposit
deposited in lieu of
bonds under this section, reclamation shall
be
considered to occur
in two phases. The first phase involves
grading, contouring,
terracing, resoiling, and initial planting.
The second phase
involves the establishment of vegetative cover
together with the
maintenance and the completion of all
reclamation
required under
this
chapter or rules adopted under it. The
A request
for inspection at the completion of a phase of
reclamation shall include all of the following:
(1) The location of the area and number of acres;
(3) The amount of performance bond on deposit
at the time of
the
request to ensure reclamation of the area;
(4) A map showing the location of the acres reclaimed,
prepared and certified in accordance with division (A)(11) or
(12)
of section 1514.02 of the Revised Code, as appropriate.
In the
case of an
in-stream mining operation, the map also shall
include
the
information
required under division (A)(18) of section
1514.02
of
the Revised Code.
In addition, a request for inspection of the second phase of
reclamation
shall include a description of the type and date of
any required planting and a
statement regarding the
degree of
success of the growth.
(B) The chief shall make an inspection and evaluation of the
reclamation of the area of land for which
a the request was
submitted
within ninety days after receipt of the request or, if
the
operator fails to complete the reclamation or file the
request
as
required, as soon as the chief learns of the default.
Thereupon,
if the chief approves
the first phase of the
reclamation, other than any required planting,
as
meeting the
requirements of this chapter,
rules adopted
thereunder, any orders
issued during the mining or
reclamation,
and the specifications of
the plan for mining and
reclaiming, the
chief shall issue an order
to the operator
and the
operator's
surety releasing them from
liability for
the applicable
percentage
specified in this division
one-half of the total amount of their surety bond on
deposit to
ensure
reclamation for the area upon which reclamation
is
completed. If
the chief approves the second phase of the
reclamation,
the chief shall order release of the
remaining
performance bond, after completing the inspection and
evaluation,
in the same manner as in the case of approval of
the
first phase
of reclamation, and the treasurer of
state
shall
proceed as in
that case.
On approval of the first phase of reclamation, the chief
shall
release seventy-five per cent of the amount of the surety
bond on
deposit. On
approval of the second phase of reclamation,
the chief shall
release the remaining amount of the
surety bond
that originally
was on deposit.
If the operator has deposited cash, an irrevocable letter of
credit, or
certificates of deposit in
lieu of a surety bond to
ensure reclamation, the chief shall
issue an order to the operator
releasing
one-half of the
amount so held
in the same manner
and in the same
percentages that apply to
the release of a surety
bond and
promptly shall transmit a certified copy
of
the order to
the
treasurer of state. Upon presentation of the
order to the
treasurer of state by the operator to whom it was
issued, or by
the operator's authorized agent, the treasurer of
state shall
deliver to the operator or the operator's authorized
agent the
cash, irrevocable letter of credit, or certificates of deposit
designated in the order.
(C) If the chief does not approve
a phase of the
reclamation, other than any required planting, the chief shall notify the
operator
by certified
mail.
The
notice shall be an order stating
the reasons for
unacceptability,
ordering further actions to be
taken, and
setting
a time limit for
compliance. If the operator
does not
comply with
the order within
the time limit specified,
the chief
may order an
extension of time
for compliance after
determining that the
operator's noncompliance
is for good cause,
resulting
from
developments partially or wholly
beyond the
operator's
control.
If
the operator complies within the
time limit
or the
extension of
time granted for compliance, the
chief shall
order
release of the
performance bond in the same
manner as in the
case of approval of
reclamation, other than any required planting,
by the chief,
and the treasurer of
state shall
proceed
as in that case. If the
operator does not
comply within
the time
limit and the chief does
not order an
extension, or if
the chief
orders an extension of
time and the
operator does not
comply
within the extension of time
granted for
compliance, the
chief
shall issue another order
declaring that the
operator has
failed
to reclaim and, if the
operator's permit has
not already
expired
or been revoked,
revoking the operator's
permit. The
chief shall
thereupon proceed
under division
(D)(C)
of this section.
(D)(B) At any time within the period allowed an operator by section 1514.02 of the Revised Code to reclaim an area affected by surface mining, the operator may file a request, on a form provided by the chief, for inspection of the area of land on which all reclamation, including the successful establishment of any required planting, is completed. The request shall include all of the following:
(1) The location of the area and number of acres;
(3) The type and date of any required planting of vegetative cover and the degree of success of growth;
(4) A map showing the location of the acres reclaimed, prepared and certified in accordance with division (A)(11) or (12) of section 1514.02 of the Revised Code, as appropriate. In the case of an in-stream mining operation, the map also shall include the information required under division (A)(18) of section 1514.02 of the Revised Code.
The chief shall make an inspection and evaluation of the reclamation of the area of land for which the request was submitted within ninety days after receipt of the request or, if the operator fails to complete the reclamation or file the request as required, as soon as the chief learns of the default. Thereupon, if the chief finds that the reclamation meets the requirements of this chapter, rules adopted under it, any orders issued during the mining and reclamation, and the specifications of the plan for mining and reclaiming and decides to release any remaining performance bond on deposit to ensure reclamation of the area on which reclamation is completed, within ten days of completing the inspection and evaluation, the chief shall order release of the remaining performance bond in the same manner as in the case of approval of reclamation other than required planting, and the treasurer of state shall proceed as in that case.
If the chief does not approve the reclamation performed by the operator, the chief shall notify the operator by certified mail within ninety days of the filing of the application for inspection or of the date when the chief learns of the default. The notice shall be an order stating the reasons for unacceptability, ordering further actions to be taken, and setting a time limit for compliance. If the operator does not comply with the order within the time limit specified, the chief may order an extension of time for compliance after determining that the operator's noncompliance is for good cause, resulting from developments partially or wholly beyond the operator's control. If the operator complies within the time limit or the extension of time granted for compliance, the chief shall order release of the remaining performance bond in the same manner as in the case of approval of reclamation by the chief, and the treasurer of state shall proceed as in that case. If the operator does not comply within the time limit and the chief does not order an extension, or if the chief orders an extension of time and the operator does not comply within the extension of time granted for compliance, the chief shall issue another order declaring that the operator has failed to reclaim and, if the operator's permit has not already expired or been revoked, revoking the operator's permit. The chief then shall proceed under division (C) of this section.
(C) Upon issuing an order under division
(C)(A) or (B) of
this section
declaring that the operator has failed to reclaim,
the chief shall
retain
all or part of the performance bond on deposit for
reclamation of
the affected surface or in-stream mine site. The
make a finding as to the number and location of the acres of land that the operator has failed to reclaim in the manner required by this chapter. The chief shall order the release of the performance bond in the amount of five hundred dollars per acre for those acres that the chief finds to have been reclaimed in the manner required by this chapter. The release shall be ordered in the same manner as in the case of other approval of reclamation by the chief, and the treasurer of state shall proceed as in that case. If the operator has on deposit cash, an irrevocable letter of credit, or certificates of deposit to ensure reclamation of the area of the land affected, the chief at the
same time shall
issue an
order declaring that the
remaining cash,
irrevocable
letter of credit, or
certificates of
deposit,
if
any, are the
property of
the state and
are
available
for use by
the chief in
performing reclamation of the
area and
shall proceed
in accordance
with section 1514.06 of the
Revised
Code.
If the operator has on deposit a surety bond to ensure
reclamation of the area of land affected, the chief shall notify
the surety in writing of the operator's default and shall request
the surety to perform the surety's obligation and that of the
operator. The surety, within ten days after receipt of
the
notice, shall notify the chief as to whether it intends to perform
those obligations.
If the surety chooses to perform, it shall arrange for work
to begin within thirty days of the day on which it notifies the
chief of its decision. If the surety completes the work as
required by this chapter, the chief shall issue an order to the
surety releasing the surety from liability under the bond in the
same manner as if the surety were an operator proceeding under
this section. If, after the surety begins the work, the chief
determines that the surety is not carrying the work forward with
reasonable progress, or that it is improperly performing the
work,
or that it has abandoned the work or otherwise failed to
perform
its obligation and that of the operator, the chief shall
issue an
order terminating the right of the surety to perform the
work and
demanding payment of the amount due as required by this
chapter.
If the surety chooses not to perform and so notifies the
chief, does not respond to the chief's notice within ten days of
receipt thereof, or fails to begin work within thirty days of the
day it timely notifies the chief of its decision to perform its
obligation and that of the operator, the chief shall issue an
order terminating the right of the surety to perform the work and
demanding payment of the amount due, as required by this chapter.
Upon receipt of an order of the chief demanding payment of
the amount due, the surety immediately shall deposit with the
chief cash in the full amount due under the order for deposit
with
the treasurer of state. If the surety fails to make an
immediate
deposit, the chief shall certify it to the attorney
general for
collection. When the chief has issued an order
terminating the
right of the surety and has the cash on deposit,
the cash is the
property of the state and is available for use
by the chief, who
shall proceed in accordance with section 1514.06 of the
Revised
Code.
Sec. 1514.051. (A) If an operator or a partner or officer of the operator forfeits a performance bond, the division of mineral resources management shall have a priority lien in front of all other interested creditors against the assets of that operator for the amount that is needed to perform any reclamation that is required as a result of the operator's mining activities. The chief of the division of mineral resources management shall file a statement in the office of the county recorder of each county in which the mined land lies of the estimated costs to reclaim the land. Estimated costs shall include direct and indirect costs of the development, design, construction, management, and administration of the reclamation. The statement shall constitute a lien on the assets of the operator as of the date of the filing. The lien shall continue in force so long as any portion of the lien remains unpaid or until the chief issues a certificate of release of the lien. If the chief issues a certificate of release of the lien, the chief shall file a certificate of release in the office of each applicable county recorder.
(B) The chief promptly shall issue a certificate of release under any of the following circumstances:
(1) Upon the repayment in full of the money that is necessary to complete the reclamation;
(2) Upon the transfer of an existing permit that includes the areas of the surface mine for which reclamation was not completed from the operator that forfeited the performance bond to a new operator;
(3) Any other circumstance that the chief determines to be in the best interests of the state.
(C) The chief may modify the amount of a lien under this section. If the chief modifies a lien, the chief shall file a statement in the office of the county recorder of each applicable county of the new amount of the lien.
(D) The chief may authorize a closing agent to hold a certificate of release in escrow for a period not to exceed one hundred eighty days for the purpose of facilitating the transfer of unreclaimed mine land.
(E) All money from the collection of liens under this section shall be deposited in the state treasury to the credit of the surface mining fund created in section 1514.06 of the Revised Code.
Sec. 1514.06. (A) There is hereby created in the state
treasury the surface mining fund. All cash consisting of all money that
becomes the
property of the state pursuant to section sections 1514.05 and 1514.051 of
the Revised
Code shall be deposited in the fund, and expenditures, money credited to the fund under divisions (C)(1) and (2) of section 1514.071, and other money specified in section 1514.11 of the Revised Code. All investment earnings of the fund shall be credited to the fund. Expenditures from the
fund shall be made by the chief of the division of
mineral
resources management only for the
purpose of reclaiming areas of
land
affected by surface
or in-stream mining operations on which
an under a permit issued under this chapter that the operator
has defaulted failed to reclaim and for other purposes specified in section 1514.11 of the Revised Code.
(B) Expenditures of moneys from the fund, except as
otherwise
provided by this section, shall be made pursuant to
contracts
entered into by the chief with persons who agree to
furnish all
of the materials, equipment, work, and labor, as
specified and
provided in the contracts, for the prices stipulated
therein.
With the approval of the director of natural resources,
the
chief may reclaim the land in the same manner as the chief
required of
the operator who defaulted failed to reclaim the land. Each contract awarded by
the chief
shall be awarded to the lowest responsive and
responsible bidder,
in accordance with section 9.312 of the
Revised Code, after
sealed bids are received, opened, and
published at the time and
place fixed by the chief. The chief
shall publish notice of the
time and place at which bids will be
received, opened, and
published, at least once at least ten days
before the date of the
opening of the bids, in a newspaper of
general circulation in the
county in which the area of land to be
reclaimed under the
contract is located. If, after so advertising
for bids, no bids
are received by the chief at the time and place
fixed for
receiving them, the chief may advertise again for bids,
or, if
the chief
considers the public interest will be best
served,
the chief may enter into a contract for the reclamation of
the area of
land
without further advertisement for bids. The
chief may reject any
or all bids received and again publish notice
of the time and
place at which bids for contracts will be
received, opened, and
published.
(C) With the approval of the director, the chief, without
advertising for
bids, may enter into a contract with the
landowner, a surface
or
in-stream mine operator or
coal mine
operator mining under a current, valid permit issued
under this
chapter or Chapter 1513. of the Revised Code, or a contractor
hired by a surety
to complete reclamation, to carry out
reclamation on land
affected by surface
or in-stream
mining
operations on which that an operator has defaulted failed to reclaim.
(D) With the approval of the director, the chief may carry
out
all or part of
the reclamation work on land affected by
surface
or in-stream mining
operations on which
that the operator has
defaulted failed to reclaim using the employees and equipment of
any division
of the
department of natural resources.
(E) The chief shall require every contractor performing
reclamation work
under this section to pay workers at the greater
of their regular
rate of pay,
as established by contract,
agreement, or prior custom or
practice, or the average wage rate
paid in this state for the
same or similar work, as determined by
the chief under section
1513.02 of the Revised Code.
(F) Each contract entered into by the chief under this
section
shall provide only
for the reclamation of land affected by
the surface
or in-stream mining
operation or operations of one
operator and not reclaimed by the
operator as required by this
chapter. If there is money in the
fund derived from the
performance bond deposited with the chief
by one operator
to
ensure the
reclamation of two or more areas of land affected by
the surface
or
in-stream mining operation or operations of one
operator and not reclaimed
by the operator as required by this
chapter, the chief
may award a single contract for
the reclamation
of all such areas of land.
(G) The cost of the reclamation work done under this section
on
each area of land affected by surface
or in-stream mining
operations on
which that an operator has defaulted failed to reclaim shall be paid out of
the
money in the fund derived from the performance bond
that was
deposited with the chief to
ensure the reclamation of that area of
land. If the amount of money is not
sufficient to pay the cost
of
doing all of the reclamation work on the area of land
that the
operator should have done, but failed to do, the
chief may expend
from the reclamation forfeiture
fund created in
section 1513.18 of
the Revised Code or the surface mining
fund
created in this
section the amount
of money needed to complete reclamation to the
standards required by this chapter. The operator is liable for
that expense in addition to any other liabilities imposed by law.
At the
request of the chief, the attorney general shall bring an
action
against the
operator for the amount of the expenditures
from either fund.
Moneys so
recovered shall be deposited in the state treasury to the
appropriate credit of the fund from which
the
expenditures were made.
(H) If any part of the money in the surface mining
fund
remains
in the fund after the chief has caused the area of land to
be
reclaimed and
has paid all the reclamation costs and expenses,
or if any money
remains
because the area of land has been
repermitted under this chapter or reclaimed
by a person other than
the chief, the chief may expend the remaining money to
complete
other reclamation work performed under this section. The chief shall prepare an annual report that summarizes the money credited to the fund and expenditures made from the fund and post the report on the division of mineral resources management's web site.
Sec. 1514.09. The reclamation commission
established
pursuant to section 1513.05 of the Revised Code shall serve as
the
reclamation commission pursuant to this
chapter.
However,
whenever the commission is considering
any appeal pertaining to
surface
or in-stream mining, as distinguished from
coal strip
mining, the
member representing the coal strip mine
operators
shall be
replaced by a person who, by reason of the
person's
previous
vocation, employment, or affiliations, can be classed as
a
representative of surface
or in-stream mine operators, as
applicable. The appointment of
that person shall be made in
accordance with section
1513.05 of
the Revised Code, and the
person's term shall be concurrent
with
that of
the representative
of the coal strip mine operators.
No party to an appeal brought under
this section shall be
eligible for an award of attorney's fees, costs, or
expenses from
the commission or any court.
Notwithstanding section 1513.13 of the Revised Code, an operator may appeal the determination of the chief of the division of mineral resources management that is made under division (D) of section 1514.43 of the Revised Code within ten days after the operator receives a copy of the determination.
Notwithstanding section 1513.14 of the Revised Code,
appeals
from an order of the commission pertaining to
surface
or in-stream
mining
may
be taken to the court of common pleas of the county in
which
the
operation is located, or to the court of common pleas of
Franklin
county.
Sec. 1514.11. In
addition to the purposes authorized in
section 1514.06 of the Revised Code,
the chief of the
division of
mineral resources management may use moneys in the surface
mining
fund
created under that section for the
administration and
enforcement of this chapter, for the reclamation of land
affected
by
surface
or in-stream mining under a permit issued under this
chapter that
the operator
failed to reclaim and for which the
performance bond
filed by the operator is
insufficient to complete
the reclamation,
and for the reclamation of land
affected by
surface
or in-stream mining that
was
abandoned and left
unreclaimed and for
which no permit was
issued
or bond filed under
this chapter. Also, the chief may use the portion of the
surface
mining fund that consists of moneys collected from the
severance
taxes levied under section 5749.02 of the Revised Code
for the
mine safety
and
first aid classes provided under division
(C) of
section
1561.26
of the Revised Code training.
For
purposes
of this
section, the chief shall
expend
moneys in the
fund in
accordance
with the procedures and
requirements
established in
section
1514.06 of the Revised Code
and may
enter
into contracts
and
perform work in accordance with
that section.
Fees collected under sections
1514.02 and 1514.03 of the
Revised Code, one-half of the moneys collected from the severance
taxes levied under divisions (A)(3) and (4) of section 5749.02 of
the Revised Code, and all of the moneys collected from the
severance tax levied under division (A)(7) of section 5749.02 of
the Revised Code shall be credited to the fund in accordance with
those sections. Notwithstanding any section of the Revised Code
relating to the distribution or crediting of fines for violations
of the Revised Code, all fines imposed under section 1514.99 of
the Revised Code shall be credited to the fund.
Sec. 1514.40. In accordance with Chapter 119. of the Revised Code, the chief of the division of mineral resources management, in consultation with a statewide association that represents the surface mining industry, shall adopt rules that do all of the following:
(A) For the purpose of establishing safety standards governing surface mining operations, incorporate by reference 30 C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended;
(B) Establish criteria, standards, and procedures governing safety performance evaluations conducted under section 1514.45 of the Revised Code, including requirements for the notification of operators and the identification of authorized representatives of miners at surface mining operations for purposes of inspections conducted under sections 1541.41 to 1541.47 of the Revised Code;
(C) Establish requirements governing the reporting and investigation of accidents at surface mining operations. In adopting the rules, the chief shall establish requirements that minimize duplication with any reporting and investigations of accidents that are conducted by the mine safety and health administration in the United States department of labor.
(D) Establish the time, place, and frequency of mine safety training conducted under section 1514.06 of the Revised Code and a fee, if any, for the purpose of that section. The amount of the fee shall not exceed the costs of conducting the training that is required under that section.
(E) Establish the minimum qualifications necessary to take the examination that is required for certification of certified mine forepersons under division (B) of section 1514.47 of the Revised Code and requirements, fees, and procedures governing the taking of the examination;
(F) Establish requirements and fees governing the renewal of certificates under division (C) of that section;
(G) Establish requirements and procedures for the approval of training plans submitted under division (E) of that section for the use of qualified persons to conduct examinations of surface mining operations in lieu of certified mine forepersons and minimum qualifications of those persons. The rules shall include requirements governing training frequency and curriculum that must be provided for qualified persons under such plans and shall establish related reporting and record keeping requirements.
As used in sections 1514.41 to 1514.47 of the Revised Code, "rule" means a rule adopted under this section unless the context indicates otherwise.
Sec. 1514.41. (A) If a surface mining operation is not inspected by the mine safety and health administration in the United States department of labor, the chief of the division of mineral resources management annually shall conduct a minimum of two inspections of the operation.
(B) If a surface mining operation is identified through a safety performance evaluation conducted under section 1514.45 of the Revised Code and rules as having lost-time accidents in an amount greater than the national average, the chief shall conduct a minimum of two inspections of the operation for one year following the identification.
(C) If a fatality of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief shall conduct a minimum of one inspection every three months at the operation for two years following the fatality.
(D) If a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief shall conduct a minimum of one inspection every three months at the operation for one year following the injury.
Sec. 1514.42. The chief of the division of mineral resources management shall conduct a safety audit at a surface mining operation if the operator of the operation has requested the division of mineral resources management to conduct mine safety training. The chief shall conduct additional safety audits at any surface mining operation if requested by the operator of the operation. If the chief conducts a safety audit, the operator shall ensure that the chief has a copy of the training plan that is required by 30 C.F.R. part 46, as amended, at the time of the audit.
After completion of an audit, the chief shall prepare a report that describes the general conditions of the surface mining operation, lists any hazardous conditions at the operation, lists any violations of the safety standards established in rules, and describes the nature and extent of any hazardous condition or violation found and the corresponding remedy for each hazardous condition or violation. The chief shall provide two copies of the report to the operator of the operation. The operator shall post one copy of the report at the operation for review by the employees of the operation.
Sec. 1514.43. (A) The chief of the division of mineral resources management shall enforce the safety standards established in rules when conducting inspections under section 1514.41 of the Revised Code.
(B) Except as otherwise provided in section 1514.44 of the Revised Code or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, if during an inspection the chief finds a violation of a safety standard, the chief shall require the operator to comply with the standard that is being violated within a reasonable period of time. If the chief finds a violation of a safety standard, the chief shall return to the surface mining operation after a reasonable period of time to determine if the operator has complied with the standard that was being violated. If the operator has failed to comply with the standard, the chief shall take appropriate action to obtain compliance if necessary.
(C) Except as otherwise provided in section 1514.44 of the Revised Code or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, after completion of an inspection of a surface mining operation, the chief shall prepare a report that describes the general conditions of the surface mining operation, lists any hazardous conditions at the operation, lists any violations of the safety standards established in rules, and describes the nature and extent of any hazardous condition or violation found and the corresponding remedy for each hazardous condition or violation. The chief shall provide two copies of the report to the operator of the operation. The operator shall post one copy of the report at the operation for review by the employees of the operation.
(D) Except pursuant to a safety audit conducted under section 1514.42 of the Revised Code, not later than ten days after receipt of a report under this section, the operator may submit a written request to the chief for a meeting with the chief to review the findings contained in the report. Upon receipt of a request, the chief shall review the report and schedule a meeting with the operator. Within a reasonable period of time after the meeting, the chief shall make a written determination concerning the findings contained in the report and provide one copy of the determination to the operator of the surface mining operation and one copy of the determination to an authorized representative of the miners at the operation. If the chief makes a determination that affirms the findings contained in the report, the chief's determination constitutes an order for purposes of this chapter and rules adopted under it.
(E) An operator shall not appeal the contents of a report prepared under division (C) of this section. However, an operator may appeal a determination of the chief made under division (D) of this section.
(F) No operator shall violate or fail to comply with an order issued pursuant to this section.
Sec. 1514.44. If during an inspection conducted under section 1514.41 of the Revised Code or a safety audit conducted under section 1514.42 of the Revised Code, the chief of the division of mineral resources management finds a condition or practice at a surface mining operation that could reasonably be expected to cause the death of or imminent serious physical harm to an employee of the operation, the chief immediately shall issue orders to safeguard the employees, notify the operator of the condition or practice, and require the operator to abate the condition or practice within a reasonable period of time. In all such situations, the chief may require the operation to cease in the area in which the condition or practice is occurring or may require the entire operation to cease, if necessary, until the condition or practice that could reasonably be expected to cause death or serious physical harm is eliminated.
The chief shall complete a report that describes the condition or practice and the action taken to eliminate it. The chief shall provide two copies of the report to the operator of the operation. The operator shall post one copy of the report at the operation for review by the employees of the operation.
Sec. 1514.45. The chief of the division of mineral resources management annually shall conduct a safety performance evaluation of all surface mining operations in the state in accordance with rules. The operator of a surface mining operation shall provide to the chief a copy of the notification of legal identity required under 30 C.F.R. part 41, as amended, at the same time that the notice is filed with the mine safety and health administration in the United States department of labor.
Sec. 1514.46. If the operator of a surface mining operation requests the division of mineral resources management to conduct mine safety training, the chief of the division of mineral resources management shall conduct mine safety training for the employees of that operator. For persons who are not employed by a holder of a surface mining permit issued under this chapter and who seek the training, the chief may charge a fee in an amount established in rules for conducting it. The safety training shall be conducted in accordance with rules and shall emphasize the standards adopted in rules and include any other content that the chief determines is beneficial. Any fees collected under this section shall be deposited in the state treasury to the credit of the surface mining fund created in section 1514.06 of the Revised Code.
Sec. 1514.47. (A) The operator of a surface mining operation shall employ a certified mine foreperson or a person who is qualified in accordance with this section and rules to conduct examinations of surface mining operations for purposes of 30 C.F.R. part 56, as amended.
(B) The chief of the division of mineral resources management shall conduct examinations for the position of certified mine foreperson in accordance with rules. In order to be eligible for examination as a certified mine foreperson, an applicant shall file with the chief an affidavit establishing the applicant's qualifications to take the examination. The chief shall grade examinations and issue certificates.
(C) A certificate issued under this section shall expire five years after the date of issuance. A certificate may be renewed, provided that the applicant verifies that all required training pursuant to 30 C.F.R. part 46, as amended, has been completed and any other requirements for renewal have been satisfied.
(D) If a certificate issued under this section is suspended, the certificate shall not be renewed until the suspension period expires and the person whose certificate is suspended successfully completes all actions required by the chief. If an applicant's license, certificate, or similar authority that is issued by another state to perform specified mining duties is suspended or revoked by that state, the applicant shall be ineligible for examination for or renewal of a certificate in this state during that period of suspension or revocation. A certificate that has been revoked shall not be renewed.
If a person who has been certified by the chief under this section purposely violates this chapter, the chief may suspend or revoke the certificate after an investigation and hearing conducted in accordance with Chapter 119. of the Revised Code are completed.
(E) In lieu of employing a certified mine foreperson, the operator of a surface mining operation may submit to the chief a detailed training plan under which persons who qualify under the plan may conduct and document examinations at the surface mining operation for purposes of 30 C.F.R. part 56, as amended. The chief shall review the plan and determine if the plan complies with the requirements established in rules. The chief shall approve or deny the plan and notify in writing the operator who submitted the plan of the chief's decision.
Sec. 1514.50. (A) The chief of the division of mineral resources management or an authorized employee of the division of mineral resources management may enter on lands to make inspections in accordance with this chapter and rules adopted under it when necessary in the discharge of the duties specified in this chapter and the rules. No person shall prevent or hinder the chief or an authorized employee of the division in the performance of those duties.
(B) For purposes of performing reclamation of land affected by surface mining operations on which the holder of a permit issued under this chapter has defaulted or otherwise failed to timely conduct the reclamation required by section 1514.05 of the Revised Code, the chief may enter on the land and perform reclamation that the chief determines is necessary to protect public health or safety or the environment. In order to perform the reclamation, the chief may enter on adjoining land or other land that is necessary to access the land on which the surface mining occurred and on which the reclamation is to be performed. The chief shall provide reasonable advance notice to the owner of any land to be entered for the purpose of access for reclamation under this chapter. The division shall return the land that was used to access the former surface mining operation to the same or an improved grade, topography, and condition that existed prior to its use by the division.
(C) When conducting investigations pursuant to section 1514.13 of the Revised Code, the chief or an authorized employee of the division may enter on lands to conduct water supply surveys, measure ground water levels and collect data when necessary to define the cone of depression, or perform other duties for the purposes of that section.
Sec. 1514.99. (A) Whoever violates division (A)(1) or (2)
of
section
1514.10 of the Revised Code may be fined not more than
five
thousand dollars plus not more than one thousand dollars per
acre
of land affected, and is responsible for achieving
reclamation of
the land as required pursuant to
this chapter.
(B) Whoever violates division (B) of section 1514.10 of
the
Revised Code may be fined not more than one thousand dollars
per
acre of land affected that is not under permit, and is
responsible
for achieving reclamation of the land as required
pursuant to
this chapter.
(C) Whoever violates division (C) of section 1514.10 of
the
Revised Code may be fined not less than one hundred nor more
than
one thousand dollars, or imprisoned not more than six
months, or
both.
(D) Whoever violates division (D), (E),
(F), or (G) of
section
1514.10 of
the Revised Code may be fined not less than one
hundred
nor more
than one thousand dollars for a first offense.
For each
subsequent offense, on one or more permits held by such
persons,
such person may be fined not less than two hundred nor
more than
five thousand dollars, or imprisoned not more than six
months, or
both. The permit of any person convicted of a third
offense may
be revoked by the court at the time of
that
conviction, and
the
court at
that time may further order
that no
permit
or
amendment
to
a permit may be issued to
that
person
under
this chapter for a
period of
five years from the date
of
the
conviction.
Nothing
contained in this section shall be
construed
to limit or
affect
the authority of the chief
of the
division of mineral
resources
management granted by this chapter.
(E) Whoever violates an order of the chief of the division of mineral resources management issued under this chapter is guilty of a minor misdemeanor.
Sec. 1515.093. The supervisors of a soil and water conservation district may hold one or more credit cards on behalf of the district and may authorize any supervisor or employee of the district to use such a credit card to pay for expenses related to the purposes of the district. The supervisors shall pay the debt incurred as a result of the use of such a credit card from money accepted by the supervisors as authorized under division (E) of section 1515.08 of the Revised Code or from the special fund established for the district under section 1515.10 of the Revised Code.
The misuse of a credit card held on behalf of a soil and water conservation district is a violation of section 2913.21 of the Revised Code. In addition, a supervisor or employee of a district who makes unauthorized use of such a credit card may be held personally liable to the district for the unauthorized use. This section does not limit any other liability of a supervisor or employee of a district for the unauthorized use of such a credit card.
A supervisor or employee of a soil and water conservation district who is authorized to use a credit card that is held on behalf of the district and who suspects the loss, theft, or possibility of another person's unauthorized use of the credit card immediately shall notify the supervisors in writing of the suspected loss, theft, or possible unauthorized use.
Sec. 1515.10. The board of county commissioners of each county in which there
is a soil and water conservation district may levy a tax within the ten-mill
limitation and may appropriate money from the proceeds of such the levy or from
the general fund of the county, which. The money shall be held in a special fund
for the credit of the district, to be expended for the purposes prescribed in
section sections 1515.09 and 1515.093 of the Revised Code, for construction and maintenance of
improvements by the district, and for other expenses incurred in carrying out
the program of the district upon the written order of the fiscal agent for the
district after authorization by a majority of the supervisors of the district.
Sec. 1515.211. (A) A board of county commissioners that approves construction of a proposed improvement or the board's designee shall prepare a schedule of estimated assessments on property within the area that is to be benefited by the improvement. In preparing the schedule, the board or its designee shall use information concerning the proposed improvement that must be submitted to the board by the supervisors of a soil and water conservation district. The information includes plans for the proposed improvement, including surveys, maps, and specifications, together with schedules of damages, cost estimates, and any related reports that the supervisors or their designee prepared.
The schedule of estimated assessments that must be prepared shall include the name and address of each owner of land believed to be benefited by the proposed improvement together with a description of the land. The names and descriptions shall be obtained from the tax duplicates of the county. The board or its designee shall enter in the schedule the amount of each estimated assessment, which shall be determined using considerations established in section 1515.24 of the Revised Code. In no case shall an assessment be less than twenty-five dollars for each parcel of land, except in the case of a multi-parcel lot, in which case the board may charge a minimum of twenty-five dollars with respect to all of the parcels comprising the multi-parcel lot. In addition, the board may charge an assessment of less than twenty-five dollars if the board determines that a lower amount is appropriate, provided that the lower amount includes the cost of preparing and mailing the notice required under division (D)(1) of section 1515.24 of the Revised Code. The total of the estimated assessments, including the total estimated assessments allocated to public corporations and the state, shall equal the estimated cost of the proposed improvement. The board shall use the schedule of estimated assessments for purposes of levying final assessments under section 1515.24 of the Revised Code.
(B) As used in this section, "multi-parcel lot" means a site on which a dwelling is located and that comprises two or more contiguous parcels of land.
Sec. 1517.02. There is hereby created in the department of
natural resources the division of natural areas and preserves,
which shall be administered by the chief of
natural areas and preserves. The chief shall take an oath of
office and shall file in the office of the secretary of state a
bond signed by the chief and by a surety approved by the
governor for a
sum fixed pursuant to section 121.11 of the Revised Code.
The chief shall administer a system of nature
preserves and wild, scenic, and recreational river areas. The
chief shall establish a system of nature preserves through
acquisition and dedication of natural areas of state or national
significance, which shall include, but not be limited to, areas
that represent characteristic examples of Ohio's natural
landscape types and its natural vegetation and geological
history. The chief shall encourage landowners to dedicate areas
of unusual significance as nature preserves, and shall establish
and maintain a registry of natural areas of unusual significance.
The chief may supervise, operate, protect, and maintain
wild, scenic, and recreational river areas, as designated by the
director of natural resources. The chief may cooperate with
federal agencies administering any federal program concerning
wild, scenic, or recreational river areas.
The chief shall do the following:
(A) Formulate policies and plans for the acquisition, use,
management, and protection of nature preserves;
(B) Formulate policies for the selection of areas suitable
for registration;
(C) Formulate policies for the dedication of areas as
nature preserves;
(D) Prepare and maintain surveys and inventories of
natural areas and habitats of, rare and endangered species of
plants and animals;, and other unique natural features. The information shall be stored in the Ohio natural heritage database, established pursuant to this division, and may be made available to any individual or private or public agency for research, educational, environmental, land management, or other similar purposes that are not detrimental to the conservation of a species or feature. Information regarding sensitive site locations of species that are listed pursuant to section 1518.01 of the Revised Code and of unique natural features that are included in the Ohio natural heritage database is not subject to section 149.43 of the Revised Code if the chief determines that the release of the information could be detrimental to the conservation of a species or unique natural feature.
(E) Adopt rules for the use, visitation, and protection of
nature preserves, natural areas owned or managed through
easement, license, or lease by the department and administered by
the division, and lands owned or managed through easement,
license, or lease by the department and administered by the
division that are within or adjacent to any wild, scenic, or
recreational river area, in accordance with Chapter 119. of the
Revised Code;
(F) Provide facilities and improvements within the state
system of nature preserves that are necessary for their
visitation, use, restoration, and protection and do not impair
their natural character;
(G) Provide interpretive programs and publish and
disseminate information pertaining to nature preserves and
natural areas for their visitation and use;
(H) Conduct and grant permits to qualified persons for the
conduct of scientific research and investigations within nature
preserves;
(I) Establish an appropriate system for marking nature
preserves;
(J) Publish and submit to the governor and the general
assembly a biennial report of the status and condition of each
nature preserve, activities conducted within each preserve, and
plans and recommendations for natural area preservation.
Sec. 1517.10. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) Any person selected by the chief of the
division of
natural areas and preserves for custodial or patrol
service on the
lands and waters operated or administered by the
division shall be
employed in conformity with the law applicable
to the classified
civil service of the state. Subject to
division (C) of this
section, the chief may designate that person
as a preserve
officer. A preserve
officer, in any nature preserve, in any
natural area owned or
managed through easement, license, or lease
by the department of
natural resources and administered by the
division, and on lands
owned or managed through easement, license,
or lease by the
department and administered by the division that
are within or
adjacent to any wild, scenic, or recreational river
area
established under this chapter and along any trail
established
under Chapter 1519. of the Revised Code, has the
authority
specified under section 2935.03 of the Revised Code
for
peace officers of the department of natural resources to keep
the
peace, to enforce all laws and rules governing those lands
and
waters, and to make arrests for violation of those laws and
rules,
provided that the authority shall be exercised on
lands
or waters
administered by another division of the department only
pursuant
to an agreement with the chief of that division or to a
request
for assistance by an enforcement officer of that division
in an
emergency. A preserve officer, in or along any
watercourse
within, abutting, or upstream from the boundary of
any area
administered by the department, has the authority to enforce
section 3767.32 of the Revised Code and any other laws
prohibiting
the dumping of refuse into or along waters and to
make arrests for
violation of those laws. The jurisdiction of a
preserve officer
shall be concurrent with that of the peace
officers of the county,
township, or municipal corporation in
which the violation occurs.
The governor, upon the recommendation of the chief, shall
issue to each preserve officer a commission indicating authority
to make arrests as provided in this section.
The chief shall furnish a suitable badge to each
commissioned
preserve officer as evidence of the preserve
officer's authority.
(2) If any person employed under this section is designated
by
the chief to act as an agent of the state in the collection of
money resulting from the sale of licenses, fees of any nature, or
other money belonging to the state, the chief shall require a
surety bond from the person in an amount not less than one
thousand dollars.
(3) A preserve officer may render assistance to a state or local law enforcement officer at the request of the officer or in the event of an emergency. Preserve officers serving outside the division of natural areas and preserves under this section or serving under the terms of a mutual aid compact authorized under section 1501.02 of the Revised Code shall be considered as performing services within their regular employment for the purposes of compensation, pension or indemnity fund rights, workers' compensation, and other rights or benefits to which they may be entitled as incidents of their regular employment.
Preserve officers serving outside the division of natural areas and preserves under this section or under the terms of a mutual aid compact retain personal immunity from civil liability as specified in section 9.86 of the Revised Code and shall not be considered an employee of a political subdivision for purposes of Chapter 2744. of the Revised Code. A political subdivision that uses preserve officers under this section or under the terms of a mutual aid compact authorized under section 1501.02 of the Revised Code is not subject to civil liability under Chapter 2744. of the Revised Code as a result of any action or omission of any preserve officer acting under this section or under a mutual aid compact.
(C)(1) The chief of the division of natural
areas and
preserves shall not designate a person as a preserve
officer
pursuant to division (B)(1) of this section on a
permanent basis,
on a temporary basis, for a probationary term,
or on other than a
permanent basis if the person previously has
been convicted of or
has pleaded guilty to a felony.
(2)(a) The chief of the division of natural
areas and
preserves shall terminate the employment as a preserve
officer of
a person designated as a preserve officer under
division (B)(1) of
this section if that person does either of the
following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.43 of the
Revised Code in which the preserve
officer agrees
to surrender the certificate awarded to the
preserve officer under
section 109.77 of the
Revised Code.
(b) The chief shall suspend from employment as
a preserve
officer a person designated as a preserve officer
under division
(B)(1) of this section if that person is
convicted, after trial,
of a felony. If the
preserve officer files an appeal from that
conviction and the conviction is
upheld by the highest
court to
which the appeal is taken or if the preserve officer
does not file
a timely appeal, the chief shall terminate the
employment of that
preserve officer. If the preserve officer
files an appeal that
results in the preserve officer's acquittal of the
felony or
conviction of a misdemeanor, or in the dismissal of the
felony
charge
against the preserve officer, the chief shall reinstate
that preserve officer.
A preserve officer who is reinstated under
division
(C)(2)(b) of this section shall not receive
any back pay
unless that preserve officer's conviction of the felony was
reversed on appeal, or the felony charge was
dismissed, because
the court found insufficient evidence to
convict the preserve
officer of the felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a preserve officer under division (C)(2) of
this section shall be
in accordance with Chapter 119. of the
Revised Code.
Sec. 1517.11. There is hereby created in the state
treasury the natural areas and preserves fund, which shall
consist of moneys transferred into it under section 5747.113 of
the Revised Code and of contributions made directly to it. Any
person may contribute directly to the fund in addition to or
independently of the income tax refund contribution system
established in that section.
Moneys in the fund shall be
disbursed pursuant to vouchers approved by the director of
natural resources for use by the division of natural areas and
preserves solely for the following purposes:
(A) The acquisition of new or expanded natural areas, nature
preserves, and
wild, scenic, and recreational river areas;
(B) Facility development in natural areas, nature preserves, and
wild, scenic, and recreational river areas;
(C) Special projects, including, but not limited to, biological
inventories, research grants, and the production of interpretive material
related to natural areas, nature preserves, and wild, scenic, and recreational
river areas;
(D) Routine maintenance for health and safety purposes.
Moneys appropriated from the fund shall not be
used to fund salaries of permanent employees, or administrative costs, or routine
maintenance.
All investment earnings of the fund shall be credited to the
fund.
Sec. 1520.02. (A) The director of natural resources has
exclusive authority to administer, manage, and establish policies
governing canal lands.
(B)(1) Except as provided in division (C) of this section,
the The director may sell, lease, exchange, give, or grant all or
part of the state's interest in any canal lands in accordance
with section 1501.01 of the Revised Code. The director may
stipulate that an appraisal or survey need not be conducted for,
and may establish any terms or conditions that the director
determines appropriate for, any such conveyance.
(2) With regard to
canal lands, the chief of the division of water, with the
approval of the director, may sell, lease, or transfer minerals
or mineral rights when the chief and, with the approval of the director determine, determines that
the sale, lease, or transfer is in the best interest of the
state. Consideration for minerals and mineral rights shall be
by rental or on a royalty basis as prescribed by the chief, with the approval of the director, and
payable as prescribed by contract. Moneys collected under
division (B)(2) of this section
shall be paid into the state treasury to the credit of the canal
lands fund created in section 1520.05 of the
Revised
Code.
(C)(1) Not later than one year after July 1, 1989, the
director of transportation and the director of the Ohio
historical society shall identify all canal lands that
are or may be of use to any program operated by the department of
transportation or the Ohio historical society, respectively, and
shall notify the director of natural resources of those lands.
The director of natural resources may transfer any canal lands so
identified to the exclusive care, custody, and control of the
department of transportation or the Ohio historical society, as
applicable, by means of a departmental transfer not later than
six months after receiving notification under division (C)(1) of
this section.
(2) The director of natural resources may transfer to the
Ohio historical society any equipment, maps, and records used on
or related to canal lands that are of historical interest and
that are not needed by the director to administer this chapter.
(D) If the director of natural resources determines that
any canal lands are a necessary part of a county's drainage or
ditch system and are not needed for any purpose of the department
of natural resources, the director may sell, grant, or otherwise
convey those canal lands to that county in accordance with
division (B) of this section. The board of county commissioners
shall accept the transfer of canal lands.
(E) Notwithstanding any other section of the Revised Code,
the county auditor shall transfer any canal lands conveyed under
this section, and the county recorder shall record the deed for
those lands in accordance with section 317.12 of the Revised
Code. This division does not apply to canal lands transferred
under division (C)(1) of this section.
Sec. 1520.03. (A) The director of natural resources may appropriate real
property in accordance with Chapter 163. of the Revised Code for the purpose
of administering this chapter.
(B)(1) The director shall operate and maintain all canals and canal
reservoirs owned by the state
except those canals that are operated by the Ohio historical
society on July 1, 1989.
(2) On behalf of the director, the division of water shall have the care and control of all canals and canal reservoirs owned by the state, the water in them, and canal lands and shall protect, operate, and maintain them and keep them in repair. The chief of the division of water may remove obstructions from or on them and shall make any alterations or changes in or to them and construct any feeders, dikes, reservoirs, dams, locks, or other works, devices, or improvements in or on them that are necessary in the discharge of the chief's duties.
In accordance with Chapter 119. of the Revised Code, the chief may adopt, amend, and rescind rules that are necessary for the administration of this division.
(C) The director may sell or lease water from any canal or canal
reservoir that the director operates and maintains only to
the extent that the water is in excess of the quantity that is
required for navigation, recreation, and wildlife purposes. The
director may adopt, amend, and
rescind rules in accordance with Chapter 119. of the Revised Code
necessary to administer this division.
The withdrawal of water from any
canal or canal reservoir for domestic use is exempt from this
division. However, the director may require water conservation
measures for water that is withdrawn from any canal or canal
reservoir for domestic use during drought conditions or other
emergencies declared by the governor.
(D) No person shall take or divert water from any canal or canal
reservoir operated and maintained by the director except in
accordance with division (C)
of this section.
(E) At the request of the director, the attorney general
may commence a civil action for civil penalties and injunctions,
in a court of common pleas, against any person who has violated
or is violating division (D) of this section. The court of
common pleas in which an action for injunctive relief is filed
has jurisdiction to and shall grant preliminary and permanent
injunctive relief upon a showing that the person against whom the
action is brought has violated or is violating that division.
Upon a finding of a violation, the court shall assess a
civil penalty of not more than one thousand dollars for each day
of each violation if the violator is an individual who took or
diverted the water in question for residential or agricultural
use. The court shall assess a civil penalty of not more than
five thousand dollars for each day of each violation if the
violator is any other person who took or diverted the water in
question for industrial or commercial use excluding agricultural
use. Moneys from civil penalties assessed under this division
shall be paid into the state treasury to the credit of the canal
lands fund created in section 1520.05 of the Revised Code.
Any action under this division is a civil action, governed
by the rules of civil procedure and other rules of practice and
procedure applicable to civil actions.
(F) As used in this section, "person" means any agency of
this state, any political subdivision of this state or of the
United States, or any legal entity defined as a person under
section 1.59 of the Revised Code.
Sec. 1520.05. There is hereby created in the state treasury the canal lands
fund, which shall be composed of all moneys received by the director of
natural resources under sections 1520.02 and 1520.03 of the Revised Code, all
civil penalties assessed under section 1520.03 of the Revised Code, and any
moneys appropriated to it. The fund shall be administered by the director,
who shall spend moneys in the fund for the purposes of administering and
enforcing this chapter and section 1521.08 of the Revised Code. The director
may spend any surplus moneys in the fund, as determined by him the
director, for any other
programs operated by the department of natural resources.
Sec. 1520.07. (A) The director of natural resources may
give away or sell timber that has fallen on or been removed for
maintenance reasons from canal lands.
(B) The director may give away or sell the spoils of a
dredging operation conducted by the department of natural
resources in waters under the control and management of the
division of water department. Prior to giving away or selling any spoils
under this division, the director shall notify the director of
environmental protection of his that intent so that the director
of
environmental protection may determine whether the spoils
constitute solid wastes or hazardous waste, as those terms are
defined in section 3734.01 of the Revised Code, that shall be
disposed of in accordance with Chapter 3734. of the Revised Code.
If the director of environmental protection does not notify the
director of natural resources within thirty days after receiving
notice of the gift or sale that the spoils shall be disposed of
in accordance with Chapter 3734. of the Revised Code, the
director of natural resources may proceed with the gift or sale.
(C) Proceeds from the sale of timber or dredge spoils
under this section shall be deposited into the state treasury to
the credit of the canal lands fund created in section 1520.05 of
the Revised Code.
Sec. 1521.01. As used in sections 1521.01 to 1521.05, 1521.13 to 1521.18, and 1521.20 to 1521.30 of the
Revised Code:
(A) "Consumptive use," "diversion," "Lake Erie drainage
basin," "other great lakes states and provinces," "water
resources," and "waters of the state" have the same meanings as
in section 1501.30 of the Revised Code.
(B) "Well" means any excavation, regardless of design or
method of construction, created for any of the following
purposes:
(1) Removing ground water from or recharging water into an
aquifer, excluding subsurface drainage systems installed to
enhance agricultural crop production or urban or suburban
landscape management or to control seepage in dams, dikes, and
levees;
(2) Determining the quantity, quality, level, or movement
of ground water in or the stratigraphy of an aquifer, excluding
borings for instrumentation in dams, dikes, levees, or highway
embankments;
(3) Removing or exchanging heat from ground water,
excluding horizontal trenches that are installed for water source
heat pump systems.
(C) "Aquifer" means a consolidated or unconsolidated
geologic formation or series of formations that are hydraulically
interconnected and that have the ability to receive, store, or
transmit water.
(D) "Ground water" means all water occurring in an
aquifer.
(E) "Ground water stress area" means a definable
geographic area in which ground water quantity is being affected
by human activity or natural forces to the extent that continuous
availability of supply is jeopardized by withdrawals.
(F) "Person" has the same meaning as in section 1.59 of
the Revised Code and also includes the United States, the state,
any political subdivision of the state, and any department,
division, board, commission, agency, or instrumentality of the
United States, the state, or a political subdivision of the
state.
(G) "State agency" or "agency of the state" has the same
meaning as "agency" in section 111.15 of the Revised Code.
(H) "Development" means any artificial change to
improved or
unimproved real estate, including the construction of buildings
and other structures, any substantial improvement of a structure,
and mining, dredging, filling, grading, paving, excavating, and
drilling operations, and storage of equipment or materials.
(I) "Floodplain" means the area adjoining any river,
stream, watercourse, or lake that has been or may be covered by
flood water.
(J) "Floodplain management" means the implementation of an
overall program of corrective and preventive measures for
reducing flood damage, including the collection and dissemination
of flood information, construction of flood control works,
nonstructural flood damage reduction techniques, and adoption of
rules, ordinances, or resolutions governing development in
floodplains.
(K) "One-hundred-year flood" means a flood having a one
per cent chance of being equaled or exceeded in any given year.
(L) "One-hundred-year floodplain" means that portion of a
floodplain inundated by a one-hundred-year flood.
(M) "Structure" means a walled and roofed building,
including, without limitation, gas or liquid storage tanks, mobile homes, and
manufactured homes.
(N) "Substantial improvement" means any reconstruction,
rehabilitation, addition, or other improvement of a structure,
the cost of which equals or exceeds fifty per cent of the market
value of the structure before the start of construction of the
improvement. "Substantial improvement" includes repairs to
structures that have incurred substantial damage regardless of
the actual repair work performed. "Substantial improvement" does
not include either of the following:
(1) Any project for the improvement of a structure to
correct existing violations of state or local health, sanitary,
or safety code specifications that have been identified by the
state or local code enforcement official having jurisdiction and
that are the minimum necessary to ensure safe living conditions;
(2) Any alteration of an historic structure designated or
listed pursuant to federal or state law, provided that the
alteration will not preclude the structure's continued listing or
designation as an historic structure.
(O) "Shore structure" includes, but is not limited to: beaches;
groins; revetments; bulkheads; seawalls; breakwaters; certain dikes designated
by the chief of the division of water; piers; docks; jetties; wharves;
marinas; boat ramps; any associated fill or debris used as part of the
construction of shore structures that may affect shore erosion, wave action,
or inundation; and fill or debris placed along or near the shore, including
bluffs, banks, or beach ridges, for the purpose of stabilizing slopes.
(P) "Substantial damage" means damage of any origin that is sustained by a structure if the cost of restoring the structure to its condition prior to the damage would equal or exceed fifty per cent of the market value of the structure before the damage occurred.
(Q) "National flood insurance program" means the national flood insurance program established in the "National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended, and regulations adopted under it.
(R) "Conservancy district" means a conservancy district
established under Chapter 6101. of the Revised Code.
(Q)(S) "Park board" means the board of park commissioners of a park
district created under Chapter 1545. of the Revised Code.
(R)(T) "Erosion control structure" means anything that is designed
primarily to reduce or control erosion of the shore along or near lake erie,
including, but not limited to, revetments, seawalls, bulkheads, certain
breakwaters designated by the chief, and similar structures. "Erosion control
structure" does not include wharves, piers, docks, marinas, boat ramps, and
other similar structures.
Sec. 1521.04. The chief of the division of water, with the
approval of the director of natural resources, may make loans and
grants from the water management fund created in section 1501.32
of the Revised Code to governmental agencies for water
management,
water supply improvements, and planning and may
administer grants
from the federal government and from other
public or private
sources for carrying out those functions and
for the performance
of any acts that may be required by the
United States or by any
agency or department thereof as a
condition for the participation
by any governmental agency in any
federal financial or technical
assistance program. Direct and
indirect costs of administration
may be paid from the water
management fund.
The chief may use the water management fund for the purposes of administering the water diversion and consumptive use permit programs established in sections 1501.30 to 1501.35 of the Revised Code; to perform watershed and water resources studies for the purposes of water management planning; and to acquire,
construct, reconstruct, improve, equip, maintain, operate, and
dispose of water management improvements. The chief may fix,
alter,
charge, and collect rates, fees, rentals, and other charges
to be
paid into the water management fund by governmental agencies
and
persons who are supplied with water by facilities constructed
or operated
by the department of natural resources in order to
amortize and
defray the cost of the construction, maintenance, and
operation of
those facilities.
Sec. 1521.05. (A) As used in this section:
(1) "Construct" or "construction" includes drilling,
boring, digging, deepening, altering, and logging.
(2) "Altering" means changing the configuration of a well,
including, without limitation, deepening a well, extending or
replacing any portion of the inside or outside casing or wall of
a well that extends below ground level, plugging a portion of a
well back to a certain depth, and reaming out a well to enlarge
its original diameter.
(3) "Logging" means describing the lithology, grain size,
color, and texture of the formations encountered during the
drilling, boring, digging, deepening, or altering of a well.
(4) "Grouting" means neat cement; bentonite products in
slurry, granular, or pelletized form, excluding drilling mud or
fluids; or any combination of neat cement and bentonite products
that is placed within a well to seal the annular space or to seal
an abandoned well and that is impervious to and capable of
preventing the movement of water.
(5) "Abandoned well" means a well whose use has been
permanently discontinued and that poses potential health and
safety hazards or that has the potential to transmit surface
contaminants into the aquifer in which the well has been
constructed.
(6) "Sealing" means the complete filling of an abandoned
well with grouting or other approved materials in order to
permanently prevent the vertical movement of water in the well
and thus prevent the contamination of ground water or the
intermixing of water between aquifers.
(B) Any person that constructs a well shall keep a careful
and accurate log of the construction of the well. The log shall
show all of the following:
(1) The character, including, without limitation, the
lithology, color, texture, and grain size, the name, if known,
and the depth of all formations passed through or encountered;
(2) The depths at which water is encountered;
(3) The static water level of the completed well;
(4) A copy of the record of all pumping tests and analyses
related to those tests, if any;
(5) Construction details, including lengths, diameters,
and thicknesses of casing and screening and the volume, type of
material, and method of introducing gravel packing and grouting
into the well;
(6) The type of pumping equipment installed, if any;
(7) The name of the owner of the well, the address of the
location where the well was constructed, and a description of the
location of either the property where state plane coordinates or the latitude and longitude of the well was constructed;
(8) The signature of the individual who constructed the
well and filed the well log;
(9) Any other information required by the chief of the
division of water.
The log shall be furnished to the division of water within thirty
days after the completion of construction of the well on
forms prescribed and prepared by the division. The log shall be kept
on file by the division.
(C) Any person that seals a well shall keep a careful and accurate report of the sealing of the well. The sealing report shall show all of the following:
(1) The name of the owner of the well, the address of the location where the well was constructed, and either the state plane coordinates or the latitude and longitude of the well;
(2) The depth of the well, the size and length of its casing, and the static water level of the well;
(3) The sealing procedures, including the volume and type of sealing material or materials and the method and depth of placement of each material;
(4) The date on which the sealing was performed;
(5) The signature of the individual who sealed the well and filed the sealing report;
(6) Any other information required by the chief.
The sealing report shall be furnished to the division within thirty days after the completion of the sealing of the well on forms prescribed and prepared by the division.
(D) In accordance with Chapter 119. of the Revised Code, the
chief may adopt, amend, and rescind rules requiring other persons
that are involved in the construction or subsequent development
of a well to submit well logs under this division (B) of this section containing any
or all of the information specified in divisions (B)(1) to (9) of
this section and requiring any person that seals an abandoned
well to submit a well sealing report under this division
containing any or all of the information specified in those
divisions and any specifying additional information specified in the rules to be included in sealing reports required under division (C) of this section.
(C)(E)(1) No person shall fail to keep and submit a well log or a sealing report
as required by this section.
(2) No person shall make a false statement in any well log or sealing report
required to be kept and submitted under this section. Violation
of division (C)(E)(2) of this section is falsification under section
2921.13 of the Revised Code.
(D)(F) For the purposes of prosecution of a violation of
division (C)(E)(1) of this section, a prima-facie case is
established when the division obtains either of the following:
(1) A certified copy of a permit for a private water
system issued in accordance with rules adopted under section
3701.344 of the Revised Code, or a certified copy of the invoice
or a canceled check from the owner of a well indicating the
construction or sealing services performed;
(2) A certified copy of any permit issued under Chapter
3734. or 6111. of the Revised Code or plan approval granted under
Chapter
6109. of the Revised Code for any activity that includes
the construction or sealing of a well as applicable.
Sec. 1521.06. (A) No dam may be constructed for the
purpose of storing, conserving, or retarding water, or for any
other purpose, nor shall any dike or levee be constructed for the
purpose of diverting or retaining flood water, unless the person
or governmental agency desiring the construction has a
construction permit for the dam, dike, or levee issued by the
chief of the division of water.
A construction permit is not required under this section
for:
(1) A dam that is or will be less than ten feet in height
and that has or will have a storage capacity of not more than
fifty acre-feet at the elevation of the top of the dam, as
determined by the chief. For the purposes of this section, the
height of a dam shall be measured from the natural stream bed or
lowest ground elevation at the downstream or outside limit of the
dam to the elevation of the top of the dam.
(2) A dam, regardless of height, that has or will have a
storage capacity of not more than fifteen acre-feet at the
elevation of the top of the dam, as determined by the chief;
(3) A dam, regardless of storage capacity, that is or
will be six feet or less in height, as determined by the chief;
(4) A dam, dike, or levee that belongs to a class
exempted by the chief;
(5) The repair, maintenance, improvement, alteration, or
removal of a dam, dike, or levee that is subject to section
1521.062 of the Revised Code, unless the construction constitutes
an enlargement or reconstruction of the structure as determined by the chief;
(6) A dam or impoundment constructed under Chapter 1513.
of the Revised Code.
(B) Before a construction permit may be issued, three
copies of the plans and specifications, including a detailed cost
estimate, for the proposed construction, prepared by a registered
professional engineer, together with the filing fee specified by
this section and the bond or other security required by section
1521.061 of the Revised Code, shall be filed with the chief. The
detailed estimate of the cost shall include all costs associated
with the construction of the dam, dike, or levee, including
supervision and inspection of the construction by a registered
professional engineer.
The filing fee shall be based on the detailed cost estimate for the
proposed construction as filed with and approved by the chief,
and shall be determined by the following schedule unless otherwise provided by rules adopted under this section:
(1) For the first one hundred thousand dollars of
estimated cost, a fee of four per cent;
(2) For the next four hundred thousand dollars of
estimated cost, a fee of three per cent;
(3) For the next five hundred thousand dollars of
estimated cost, a fee of two per cent;
(4) For all costs in excess of one million dollars, a fee
of one-half of one per cent.
In no case shall the filing fee be less than
one thousand dollars or more than one hundred thousand dollars. If the actual cost
exceeds the estimated cost by more than fifteen per cent, an
additional filing fee shall be required equal to the fee
determined by the preceding schedule less the original filing
fee. All fees collected pursuant to this section,
and all fines collected pursuant to section 1521.99 of the
Revised Code, shall be deposited in the state treasury to the
credit of the dam safety fund, which is hereby created.
Expenditures from the fund shall be made by the chief for the
purpose of administering this section and sections 1521.061 and
1521.062 of the Revised Code.
(C) The chief shall, within thirty days from the date of
the receipt of the application, fee, and bond or other security,
issue or deny a construction permit for the construction or may
issue a construction permit conditioned upon the making of such
changes in the plans and specifications for the construction as
the chief considers advisable if the chief
determines that the construction of
the proposed dam, dike, or levee, in accordance with the plans
and specifications filed, would endanger life, health, or
property.
(D) The chief may deny a construction permit after
finding
that a dam, dike, or levee built in accordance with the plans and
specifications would endanger life, health, or property, because
of improper or inadequate design, or for such other reasons as
the chief may determine.
In the event the chief denies a permit for the construction
of the dam, dike, or levee, or issues a permit conditioned upon a
making of changes in the plans or specifications for the
construction, the chief shall state the reasons
therefor and
so notify,
in writing, the person or governmental agency making the
application for a permit. If the permit is denied, the chief
shall return the bond or other security to the person or
governmental agency making application for the permit.
The decision of the chief conditioning or denying a
construction permit is subject to appeal as provided in Chapter
119. of the Revised Code. A dam, dike, or levee built
substantially at variance from the plans and specifications upon
which a construction permit was issued is in violation of this
section. The chief may at any time inspect any dam, dike, or
levee, or site upon which any dam, dike, or levee is to be
constructed, in order to determine whether it complies with this
section.
(E) A registered professional engineer shall inspect the
construction for which the permit was issued during all phases of
construction and shall furnish to the chief such regular reports
of the engineer's inspections as the chief may require.
When the chief
finds that construction has been fully completed in accordance
with the terms of the permit and the plans and specifications
approved by the chief, the chief shall
approve the construction. When one
year has elapsed after approval of the completed construction,
and the chief finds that within this period no fact has become
apparent to indicate that the construction was not performed in
accordance with the terms of the permit and the plans and
specifications approved by the chief, or that the construction as
performed would endanger life, health, or property, the chief
shall
release the bond or other security. No bond or other security
shall be released until one year after final approval by the
chief, unless the dam, dike, or levee has been modified so that
it will not retain water and has been approved as nonhazardous
after determination by the chief that the dam, dike, or levee as
modified will not endanger life, health, or property.
(F) When inspections required by this section are not
being performed, the chief shall notify the person or
governmental agency to which the permit has been issued that
inspections are not being performed by the registered
professional engineer and that the chief will inspect the
remainder of the construction. Thereafter, the chief shall
inspect the construction and the cost of inspection shall be
charged against the owner. Failure of the registered
professional engineer to submit required inspection reports shall
be deemed notice that the engineer's inspections are not
being performed.
(G) The chief may order construction to cease on any dam,
dike, or levee that is being built in violation of this section, and may prohibit the retention of
water behind any dam, dike, or levee that has been built in
violation of this section. The attorney
general, upon written request of the chief, may bring an action
for an injunction against any person who violates this section or
to enforce an order or prohibition of the chief made pursuant to
this section.
(H) The chief may adopt rules in accordance with Chapter
119. of the Revised Code, for the design and construction of
dams, dikes, and levees for which a construction permit is
required by this section or for which periodic inspection is
required by section 1521.062 of the Revised Code, for establishing a filing fee schedule in lieu of the schedule established under division (B) of this section, for deposit and
forfeiture of bonds and other securities required by section
1521.061 of the Revised Code, for the periodic inspection,
operation, repair, improvement, alteration, or removal of all
dams, dikes, and levees, as specified in section 1521.062 of the
Revised Code, and for establishing classes of dams, dikes, or
levees that are exempt from the requirements of sections 1521.06 this section
and section 1521.062 of the Revised Code as being of a size, purpose, or
situation that does not present a substantial hazard to life,
health, or property. The chief may, by rule, limit the period
during which a construction permit issued under this section is
valid. The rules may allow for the extension of the period during which a permit is valid upon written request, provided that the written request includes a revised construction cost estimate, and may require the payment of an additional filing fee for the requested extension. If a construction permit expires without an extension before construction is
completed, the person or agency shall apply for a new permit, and
shall not continue construction until the new permit is issued.
Sec. 1521.061. Except as otherwise provided in this
section, a construction permit shall not be issued under section
1521.06 of the Revised Code unless the person or governmental
agency applying for the permit executes and files a surety bond
conditioned on completion of the dam, dike, or levee in
accordance with the terms of the permit and the plans and
specifications approved by the chief of the division of water, in
an amount equal to fifty per cent of the estimated cost of the
project.
If a permittee requests an extension of the time period during which a construction permit is valid in accordance with rules adopted under section 1521.06 of the Revised Code, the chief shall determine whether the revised construction cost estimate provided with the request exceeds the original construction cost estimate that was filed with the chief by more than twenty-five per cent. If the revised construction cost estimate exceeds the original construction cost estimate by more than twenty-five per cent, the chief may require an additional surety bond to be filed so that the total amount of the surety bonds equals at least fifty per cent of the revised construction cost estimate.
The chief shall not approve any bond until it is personally
signed and acknowledged by both principal and surety, or as to
either by his the attorney in fact thereof, with a
certified copy of the
power of attorney attached. The chief shall not approve the bond
unless there is attached a certificate of the superintendent of
insurance that the company is authorized to transact a fidelity
and surety business in this state.
All bonds shall be given in a form prescribed by the chief
and shall run to the state as obligee.
The applicant may deposit, in lieu of a bond, cash in an
amount equal to the amount of the bond or United States
government securities or negotiable certificates of deposit
issued by any bank organized or transacting business in this
state having a par value equal to or greater than the amount of
the bond. Such cash or securities shall be deposited upon the
same terms as bonds. If one or more certificates of deposit are
deposited in lieu of a bond, the chief shall require the bank
which that issued any such certificate to pledge securities of the
aggregate market value equal to the amount of the certificate
which that is in excess of the amount insured by the federal deposit
insurance corporation. The securities to be pledged shall be
those designated as eligible under section 135.18 of the Revised
Code. The securities shall be security for the repayment of the
certificate of deposit.
Immediately upon a deposit of cash, securities, or
certificates of deposit, the chief shall deliver them to the
treasurer of state, who shall hold them in trust for the purposes
for which they have been deposited. The treasurer of state is
responsible for the safekeeping of such deposits. An applicant
making a deposit of cash, securities, or certificates of deposit
may withdraw and receive from the treasurer of state, on the
written order of the chief, all or any portion of the cash,
securities, or certificates of deposit, upon depositing with the
treasurer of state cash, other United States government
securities, or negotiable certificates of deposit issued by any
bank organized or transacting business in this state equal in par
value to the par value of the cash, securities, or certificates
of deposit withdrawn. An applicant may demand and receive from
the treasurer of state all interest or other income from any such
securities or certificates as it becomes due. If securities so
deposited with and in the possession of the treasurer of state
mature or are called for payment by the issuer thereof, the
treasurer of state, at the request of the applicant who deposited
them, shall convert the proceeds of the redemption or payment of
the securities into such other United States government
securities, negotiable certificates of deposit issued by any bank
organized or transacting business in this state, or cash as the
applicant designates.
When the chief finds that a person or governmental agency
has failed to comply with the conditions of his the person's or
agency's bond, he the chief shall
make a finding of that fact and declare the bond, cash,
securities, or certificates of deposit forfeited in the amount
set by rule of the chief. The chief shall thereupon certify the
total forfeiture to the attorney general, who shall proceed to
collect that amount.
In lieu of total forfeiture, the surety, at its option, may
cause the dam, dike, or levee to be completed as required by
section 1521.06 of the Revised Code and rules of the chief, or
otherwise rendered nonhazardous, or pay to the treasurer of state
the cost thereof.
All moneys collected on account of forfeitures of bonds,
cash, securities, and certificates of deposit under this section
shall be credited to the dam safety fund created in section
1521.06 of the Revised Code. The chief shall make expenditures
from the fund to complete dams, dikes, and levees for which bonds
have been forfeited or to otherwise render them nonhazardous.
Expenditures from the fund for those purposes shall be made
pursuant to contracts entered into by the chief with persons who
agree to furnish all of the materials, equipment, work, and labor
as specified and provided in the contract.
A surety bond shall not be required for a permit for a dam,
dike, or levee that is to be designed and constructed by an
agency of the United States government, if the agency files with
the chief written assurance of the agency's financial
responsibility for the structure during the one-year period
following the chief's approval of the completed construction
provided for under division (E) of section 1521.06 of the Revised
Code.
Sec. 1521.062. (A) All dams, dikes, and levees
constructed in this state and not exempted by this section or by
the chief of the division of water under section 1521.06 of the
Revised Code shall be inspected periodically by the chief, except for classes of dams that, in accordance with rules adopted under this section, are required to be inspected by registered professional engineers who have been approved for that purpose by the chief. The inspection shall
ensure that continued operation and use of the dam, dike, or
levee does not constitute a hazard to life, health, or property.
Periodic inspections shall not be required of the following
structures:
(1) A dam that is less than ten feet in height and has a
storage capacity of not more than fifty acre-feet at the
elevation of the top of the dam, as determined by the chief. For
the purposes of this section, the height of a dam shall be
measured from the natural stream bed or lowest ground elevation
at the downstream or outside limit of the dam to the elevation of
the top of the dam.
(2) A dam, regardless of height, that has a storage
capacity of not more than fifteen acre-feet at the elevation of
the top of the dam, as determined by the chief;
(3) A dam, regardless of storage capacity, that is six
feet or less in height, as determined by the chief;
(4) A dam, dike, or levee belonging to a class exempted by
the chief;
(5) A dam, dike, or levee that has been exempted in
accordance with rules adopted under section 1521.064 of the
Revised Code.
(B) In accordance with rules adopted under this section, the owner of a dam that is in a class of dams that is designated in the rules for inspection by registered professional engineers shall obtain the services of a registered professional engineer who has been approved by the chief to conduct the periodic inspection of dams pursuant to schedules and other standards and procedures established in the rules. The registered professional engineer shall prepare a report of the inspection in accordance with the rules and provide the inspection report to the dam owner who shall submit it to the chief. A dam that is designated under the rules for inspection by a registered professional engineer, but that is not inspected within a five-year period may be inspected by the chief at the owner's expense.
(C) Intervals between periodic inspections shall be
determined by the chief, but shall not exceed five years.
(D) In the case of a dam, dike, or levee that the chief inspects, the chief shall furnish a report of the
inspection to the owner of the dam, dike, or levee. With regard to a dam, dike, or levee that has been inspected, either by the chief or by a registered professional engineer, and that is the subject of an inspection report prepared or received by the chief, the chief shall inform the owner of any required repairs,
maintenance, investigations, and other remedial and operational
measures. The chief shall order the owner to
perform such repairs, maintenance, investigations, or other
remedial or operational measures as the chief considers
necessary to
safeguard life, health, or property. The order shall permit the
owner a reasonable time in which to perform the needed repairs,
maintenance, investigations, or other remedial measures, and the
cost thereof shall be borne by the owner. All orders of the
chief are subject to appeal as provided in Chapter 119. of the
Revised Code. The attorney general, upon written request of the
chief, may bring an action for an injunction against any person
who violates this section or to enforce an order of the chief
made pursuant to this section.
(E) The owner of a dam, dike, or levee shall monitor,
maintain, and operate the structure and its appurtenances safely
in accordance with state rules, terms and conditions of permits,
orders, and other requirements issued pursuant to this section or
section 1521.06 of the Revised Code. The owner shall fully and
promptly notify the division of water and other responsible
authorities of any condition that threatens the safety of the
structure and shall take all necessary actions to safeguard life,
health, and property.
(F) Before commencing the repair, improvement, alteration,
or removal of a dam, dike, or levee, the owner shall file an
application including plans, specifications, and other required
information with the division and shall secure written approval
of the application by the chief. Emergency actions by the owner
required to safeguard life, health, or property are exempt from
this requirement. The chief may, by rule, define maintenance,
repairs, or other remedial measures of a routine nature that are
exempt from this requirement.
(G) The chief may remove or correct, at the expense of the
owner, any unsafe structures found to be constructed or
maintained in violation of this section or section 1521.06 of the
Revised Code. In the case of an owner other than a governmental
agency, the cost of removal or correction of any unsafe
structure, together with a description of the property on which
the unsafe structure is located, shall be certified by the chief
to the county auditor and placed by the county auditor upon the
tax duplicate. This cost is a lien upon the lands from the date
of entry and shall be collected as other taxes and returned to
the division. In the case of an owner that is a governmental
agency, the cost of removal or correction of any unsafe structure
shall be recoverable from the owner by appropriate action in a
court of competent jurisdiction.
(H) If the condition of any dam, dike, or levee is found,
in the judgment of the chief, to be so dangerous to the safety of
life, health, or property as not to permit time for the issuance
and enforcement of an order relative to repair, maintenance, or
operation, the chief shall employ any of the following remedial
means necessary to protect life, health, and property:
(1) Lower the water level of the lake or reservoir by
releasing water;
(2) Completely drain the lake or reservoir;
(3) Take such other measures or actions as the chief
considers
necessary to safeguard life, health, and property.
The chief shall continue in full charge and control of the dam,
dike, or levee until the structure is rendered safe. The cost of
the remedy shall be recoverable from the owner of the structure
by appropriate action in a court of competent jurisdiction.
(I) The chief may accept and expend gifts, bequests, and
grants from the United States government or from any other public
or private source and may contract with the United States
government or any other agency or entity for the purpose of
carrying out the dam safety functions set forth in this section
and section 1521.06 of the Revised Code.
(J) In accordance with Chapter 119. of the Revised Code, the chief shall may adopt, and may amend or rescind, rules that do all of the following:
(1) Designate classes of dams for which dam owners must obtain the services of a registered professional engineer to periodically inspect the dams and to prepare reports of the inspections for submittal to the chief;
(2) Establish standards in accordance with which the chief must approve or disapprove registered professional engineers to inspect dams together with procedures governing the approval process;
(3) Establish schedules, standards, and procedures governing periodic inspections and standards and procedures governing the preparation and submittal of inspection reports;
(4) Establish provisions regarding the enforcement of this section and rules adopted under it.
(K) The owner of a dam or levee shall notify the chief in writing of a change in ownership of the dam or levee prior to the exchange of the property.
Sec. 1521.064. The chief of the division of water, in
accordance with Chapter 119. of the Revised Code, shall adopt,
and may amend and rescind, rules establishing a program under
which dams, dikes, and levees may be exempted from inspections
under section 1521.062 of the Revised Code if the continued
operation and use of, and any rupturing of or other structural
damage to, the dams, dikes, and levees will not constitute a
hazard to life, health, or property. The rules shall establish,
without limitation, all of the following:
(A) A procedure by which the owner of such a dam, dike, or
levee may apply for an exemption under this section;
(B) The standards that a dam, dike, or levee shall meet in
order to be exempted under this section;
(C) A procedure by which the chief shall periodically
review the status of a dam, dike, or levee that has been exempted
under this section to determine if the exemption should be
rescinded;
(D) A requirement that the owner of any dam, dike, or
levee exempted under this section shall agree, in writing, to
accept liability for any injury, death, or loss to persons or
property caused by the rupturing of or other structural damage to
the dam, dike, or levee.
Sec. 1521.13. (A) Development in one-hundred-year floodplain areas shall be protected to at least the one-hundred-year flood level, and flood water conveyance shall be maintained, at a minimum, in accordance with standards established under the national flood insurance program. This division does not preclude a state agency or political subdivision from establishing flood protection standards that are more restrictive than this division.
(B) Prior to the expenditure of money for or the construction of buildings, structures, roads, bridges, or other facilities in locations that may be subject to flooding or flood damage, all state agencies and political subdivisions shall notify and consult with the division of water and shall furnish information that the division reasonably requires in order to avoid the uneconomic, hazardous, or unnecessary use of floodplains in connection with such facilities.
(C) The chief of the division of water
shall do all of the following:
(1) Coordinate the floodplain management activities of
state agencies and political subdivisions with the floodplain
management activities of the United States, including the
national flood insurance program established in the "National
Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as
amended, and regulations adopted under that act;
(2) Collect, prepare, and maintain technical data and
information on floods and floodplain management and make the data
and information available to the public, state agencies,
political subdivisions, and agencies of the United States;
(3) Cooperate and enter into agreements with persons for
the preparation of studies and reports on floods and floodplain
management;
(4) Assist any county, municipal corporation, or state
agency in developing comprehensive floodplain management
programs;
(5) Provide technical assistance to any county, municipal
corporation, or state agency through engineering assistance, data
collection, preparation of model laws, training, and other
activities relating to floodplain management;
(6) For the purpose of reducing damages and the threat to
life, health, and property in the event of a flood, cooperate
with state agencies, political subdivisions, and the United
States in the development of flood warning systems, evacuation
plans, and flood emergency preparedness plans;
(7) Upon request, assist the emergency management
agency established by section 5502.22 of the Revised Code in the
preparation of flood hazard mitigation reports required as a
condition for receiving federal disaster aid under the "Disaster
Relief Act of 1974," 88 Stat. 143, 42 U.S.C.A. 5121, as amended,
"The Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1994,"
Pub. L. No. 93-288, as amended, and regulations adopted under those acts it;
(8) Adopt, and may amend or rescind, rules in accordance
with Chapter 119. of the Revised Code for the administration,
implementation, and enforcement of this section and sections
1521.14 and 1521.18 of the Revised Code;
(9) Establish, by rule, technical standards for the
delineation and mapping of floodplains and for the conduct of
engineering studies to determine the vertical and horizontal
limits of floodplains and for the assessment of development impacts on flood heights and flood conveyance. The standards established in rules adopted under this division
shall be consistent with and no more stringent than the analogous
standards established under the national flood insurance program
adopted pursuant to the "National Flood Insurance Act of 1968,"
82 Stat. 572, 42 U.S.C.A. 4001, as amended.
(10) Establish, by rule, flood damage reduction standards
governing development within one hundred year floodplains other
than development subject to the rules adopted under division
(A)(11) of this section. The standards shall include provisions
to ensure that structures are protected at least to the one
hundred year flood level and that any increase in the one hundred
year flood level will not exceed one foot as determined by
engineering studies conducted in accordance with the technical
standards established in rules adopted under division (A)(9) of
this section. The standards adopted under this division shall be
no more stringent than the minimum floodplain management criteria
of the national flood insurance program adopted under the
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A.
4001, as amended.
(11) Establish, by rule, minimum flood damage reduction
standards governing development undertaken by state agencies
within one hundred year floodplains. The standards shall include
provisions to ensure that structures are protected at least to
the one hundred year flood level and that any increase in the one
hundred year flood level will not exceed one foot as determined
by engineering studies conducted in accordance with the technical
standards established in rules adopted under division (A)(9) of
this section. The standards adopted under this division shall be
consistent with and no less stringent than the minimum floodplain
management criteria of the national flood insurance program
adopted under the "National Flood Insurance Act of 1968," 82
Stat. 572, 42 U.S.C.A. 4001, as amended.
(12) On behalf of the director of natural resources, administer section
1506.04 of the Revised Code.
(B) Rules adopted under division (A)(10) of this section
and standards established under those rules apply only to
developments for which a demonstration of compliance is required
under division (C)(1) of section 1521.14 of the Revised Code
In addition to the duties imposed in divisions (C)(1) to (10) of this section, and with respect to existing publicly owned facilities that have suffered flood damage or that may be subject to flood damage, the chief may conspicuously mark past and probable flood heights in order to assist in creating public awareness of and knowledge about flood hazards.
(D)(1) Development that is funded, financed, undertaken, or preempted by state agencies shall comply with division (A) of this section and with rules adopted under division (C)(9) of this section.
(2) State agencies shall apply floodproofing measures in order to reduce potential additional flood damage of existing publicly owned facilities that have suffered flood damage.
(3) Before awarding funding or financing or granting a license, permit, or other authorization for a development that is or is to be located within a one-hundred-year floodplain, a state agency shall require the applicant to demonstrate to the satisfaction of the agency that the development will comply with division (A) of this section, rules adopted under division (C)(9) of this section, and any applicable local floodplain management resolution or ordinance.
(4) Prior to the disbursement of any state disaster assistance money in connection with any incident of flooding to or within a county or municipal corporation that is not listed by the chief as being in compliance under division (D)(1) of section 1521.18 of the Revised Code, a state agency that has authority to disburse such money shall require the county or municipal corporation to establish or reestablish compliance as provided in that division.
(E)(1) Subject to section 1521.18 of the Revised Code, a county or a municipal corporation may do all of the following:
(a) Adopt floodplain maps that reflect the best available data and that indicate the areas to be regulated under a floodplain management resolution or ordinance, as applicable;
(b) Develop and adopt a floodplain management resolution or ordinance, as applicable;
(c) Adopt floodplain management standards that exceed the standards that are established under the national flood insurance program.
(2) A county or municipal corporation shall examine and apply, where economically feasible, floodproofing measures in order to reduce potential additional flood damage of existing publicly owned facilities that have suffered flood damage.
(3) A county that adopts a floodplain management resolution shall do so in accordance with the procedures established in section 307.37 of the Revised Code. The county may enforce the resolution by issuing stop work orders, seeking injunctive relief, or pursuing other civil actions that the county considers necessary to ensure compliance with the resolution. In addition, failure to comply with the floodplain management resolution constitutes a violation of division (D) of section 307.37 of the Revised Code.
(4) No action challenging the validity of a floodplain management resolution adopted by a county or a floodplain management ordinance adopted by a municipal corporation, or an amendment to such a resolution or ordinance, because of a procedural error in the adoption of the resolution, ordinance, or amendment shall be brought more than two years after the adoption of the resolution, ordinance, or amendment.
Sec. 1521.14. (A) All state agencies and political
subdivisions, prior to the expenditure of funds for or the construction
of buildings, structures, roads, bridges, or other facilities in
locations that may be subject to flooding or flood damage, shall
notify and consult with the division of water and shall furnish
such information as the division may reasonably require in order
to avoid the uneconomic, hazardous, or unnecessary use of
floodplains in connection with such facilities.
(B) With respect to existing publicly owned facilities
that have suffered flood damage or that may be subject to flood
damage, the chief of the division of water may conspicuously mark
past and probable flood heights so as to assist in creating
public awareness of and knowledge about flood hazards. Wherever
economically feasible, state agencies and political subdivisions
responsible for existing publicly owned facilities shall apply
floodproofing measures in order to reduce potential flood damage.
(C)(1) Any state agency that funds or finances
developments or that has regulatory jurisdiction that preempts
the authority of political subdivisions to regulate development
as necessary to establish participation in the national flood
insurance program under the "National Flood Insurance Act of
1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, before awarding funding or
financing or granting a license,
permit, or other authorization for a development that is or is to
be located within a one hundred year floodplain, shall require the applicant
therefor to demonstrate to the satisfaction of the agency that the
development will comply with the flood damage reduction standards
established in rules adopted under division (A)(10) of section
1521.13 of the Revised Code.
(2) Any state agency that undertakes any development that
is or is to be located within a one hundred year floodplain shall
ensure that the development complies with the minimum flood
damage reduction standards established in rules adopted under
division (A)(11) of section 1521.13 of the Revised Code.
(3) Prior to the disbursement of any state disaster
assistance funds in connection with any incident of flooding to
or within a municipal corporation or county that is not listed by
the chief as being in compliance under division (D)(1) of section
1521.18 of the Revised Code, each state agency having the
authority to disburse such funds shall require the municipal
corporation or county to establish or reestablish compliance as provided in
that division.
(D) All state agencies shall comply with this section,
rules adopted under section 1521.13 of the Revised Code, and any
applicable local floodplain management ordinance or resolution.
Upon the written request of the director of natural resources, the
attorney general may shall bring a civil an action for injunctive appropriate relief,
in the a court of common pleas of Franklin county, competent jurisdiction against any
state agency that violates this section, rules adopted under
section 1521.13 of the Revised Code, or any applicable local
floodplain management ordinance or resolution. In the action,
the court may enter an order that restrains, prevents, or abates
any conduct, or abates any development undertaken by a state
agency, in violation of this section, rules adopted under section
1521.13 of the Revised Code, or any applicable local floodplain
management ordinance or resolution development that is not in compliance with the standards of the national flood insurance program and that is one of the following:
(A) Located in a county or municipal corporation that is not listed by the chief of the division of water as being in compliance under division (D)(1) of section 1521.18 of the Revised Code;
(B) Funded, financed, undertaken, or preempted by a state agency.
Sec. 1521.18. (A) For the purposes of this section, a one-hundred-year
floodplain is limited to an area identified as a one-hundred-year
floodplain in accordance with the "National Flood Insurance Act
of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended.
(B) Each municipal corporation or county that has within
its boundaries a one-hundred-year floodplain and that adopts a
floodplain management ordinance or resolution or any amendments
to such an ordinance or resolution on or after April 11, 1991, after adopting
the ordinance, resolution, or amendments and
before submitting the ordinance,
resolution, or amendments to the federal emergency management
agency for final approval for compliance with applicable
standards adopted under the "National Flood Insurance Act of
1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, shall submit
the ordinance, resolution, or amendments to the chief of the
division of water for his the chief's review for compliance with
those
standards. Within forty-five days after receiving any such
ordinance, resolution, or amendments, the chief shall complete
his the review and notify the municipal corporation or county as
to
whether the ordinance, resolution, or amendments comply with
those standards. If the chief finds that the ordinance,
resolution, or amendments comply with those standards, he the
chief shall
forward it or them to the federal emergency management agency for
final approval.
(C)(1) If the chief determines that a county or municipal
corporation that has adopted a floodplain management resolution
or ordinance fails to administer or enforce the resolution or
ordinance, the chief shall send a written notice by certified
mail to the board of county commissioners of the county or the chief executive
officer of the municipal corporation stating the nature of the
noncompliance.
(2) In order to maintain its compliance status in
accordance with division (D) of this section, a county or
municipal corporation that has received a notice of noncompliance
under division (C)(1) of this section may submit information to
the chief not later than thirty days after receiving the notice
that demonstrates compliance or indicates the actions that the
county or municipal corporation is taking to administer or
enforce the resolution or ordinance. The chief shall review the
information and shall issue a final determination by certified
mail to the county or municipal corporation of the compliance or
noncompliance status of the county or municipal corporation. If
the chief issues a final determination of noncompliance, he the
chief shall
send a copy of that determination to the federal emergency
management agency concurrently with mailing the notice to the
municipal corporation or county.
(D)(1) A county or municipal corporation is considered to
be in compliance for the purposes of this section if either of
the following applies:
(a) The county or municipal corporation has adopted a
floodplain management resolution or ordinance that the chief has
determined complies with applicable standards adopted under the
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A.
4001, as amended, and is adequately administering and enforcing
it as determined under division (C) of this section.
(b) The county or municipal corporation is participating
in the national flood insurance program under the "National Flood
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as
amended, and has not received a notice of noncompliance under division (B)
or (C) of this section.
(2) The chief shall maintain a list of all counties and
municipal corporations that have one-hundred-year floodplains
within their boundaries. The list shall indicate whether each
such county or municipal corporation is in compliance or
noncompliance as provided in division (D)(1) of this section and
whether each such county or municipal corporation is participating in the
national flood insurance program. The chief shall provide a copy
of the list to the general assembly and all state agencies
annually and shall notify the general assembly and the agencies
of any changes at least quarterly.
(E) Any county or municipal corporation that is adversely
affected by any determination of the chief under this section may
appeal it in accordance with Chapter 119. of the Revised Code not
later than thirty days after the final determination.
Sec. 1521.19. (A) There is hereby created the Ohio water
resources council consisting of the directors of agriculture,
development, environmental protection, health, natural resources,
transportation, and the Ohio public works commission, the
chairperson of the public utilities commission of Ohio, the
executive directors director of the state and local government commission
of Ohio and the Ohio water development authority, and an executive
assistant in the office of the governor appointed by the governor.
The governor shall appoint one of the members of the council to
serve as its chairperson. The council may adopt bylaws that are
necessary for the implementation of this section. The council
shall provide a forum for policy development, collaboration and
coordination among state agencies, and strategic direction with
respect to state water resource programs. The council shall be
assisted in its functions by a state agency coordinating group and
an advisory group as provided in this section.
(B) The state agency coordinating group shall consist of the
executive director of the Ohio Lake Erie commission and a member
or members from each state agency, commission, and authority
represented on the council, to be appointed by the applicable
director, chairperson, or executive director. However, the
environmental protection agency shall be represented on the group
by the chiefs of the divisions within that agency having
responsibility for surface water programs and drinking and ground
water programs, and the department of natural resources shall be
represented on the group by the chief of the division of water
and the chief of the division of soil and water conservation. The
chairperson of the council shall appoint a leader of the state
agency coordinating group. The group shall provide assistance to
and perform duties on behalf of the council as directed by the
council.
(C) The advisory group shall consist of not more than twenty
twenty-four members, each representing an organization or entity with an
interest in water resource issues. The council shall appoint the
members of the advisory group. Of the initial appointments, not
more than ten members shall be appointed for one-year terms, and
not more than ten members shall be appointed for two-year terms.
Of the four initial appointments made after the effective date of this amendment, two of the members shall be appointed for one-year terms, and two of the members shall be appointed for two-year terms. Thereafter, all advisory group members shall serve two-year terms.
Members may be reappointed. Each member shall hold office from
the date of the member's appointment until the end of the member's
term. A member shall continue in office subsequent to the
expiration date of the member's term until the member's successor
takes office or until a period of sixty days has elapsed,
whichever occurs first. The council may remove a member for
misfeasance, nonfeasance, or malfeasance in office. The council
shall appoint members to fill any vacancies on the group. A
member appointed to fill a vacancy shall hold office for the
remainder of the term for which that member was appointed.
The chairperson of the council shall appoint a chairperson of
the advisory group. The advisory group shall advise the council
on water resources issues addressed by the council.
(D) There is hereby created in the state treasury the Ohio
water resources council fund. The department of natural resources
shall serve as the fiscal agent for the fund. The departments of
agriculture, development, environmental protection, health,
natural resources, and transportation shall transfer moneys to the
fund in equal amounts via intrastate transfer voucher. The public
utilities commission of Ohio, Ohio public works commission, state
and local government commission of Ohio, and Ohio water
development authority may transfer moneys to the fund. If a
voluntary transfer of moneys is made to the fund, the portion that
is required to be transferred by the departments of agriculture,
development, environmental protection, health, natural resources,
and transportation may be equally reduced. Moneys in the fund
shall be used to pay the operating expenses of the Ohio water
resources council, including those specified in division (E) of
this section.
(E) The Ohio water resources council may hire staff to
support its activities. The council may enter into contracts and
agreements with federal agencies, state agencies, political subdivisions, and
private entities to assist in accomplishing its objectives.
Advisory group members shall be reimbursed for expenses
necessarily incurred in the performance of their duties pursuant
to section 126.31 of the Revised Code and any applicable rules
pertaining to travel reimbursement adopted by the office of budget
and management.
Sec. 1521.99. (A) Whoever violates division (C)(E)(1) of section 1521.05 or
division (E)(1) of section 1521.16 of the Revised Code is guilty of a
misdemeanor of the fourth degree.
(B) Whoever violates section 1521.06 or 1521.062 of the Revised Code shall be
fined not less than one hundred dollars nor more than one thousand dollars for
each offense. Each day of violation constitutes a separate offense.
(C) Whoever violates sections 1521.20 to 1521.30 of the
Revised Code shall be fined not less than one hundred
dollars nor more than one thousand dollars for each offense. Each day of
violation constitutes a separate offense.
Sec. 1531.01. As used in this chapter and Chapter 1533. of
the Revised Code:
(A) "Person" means individual, company, partnership,
corporation, municipal corporation, association, or any
combination of individuals, or any employee, agent, or officer
thereof a person as defined in section 1.59 of the Revised Code or a company; an employee, agent, or officer of such a person or company; a combination of individuals; the state; a political subdivision of the state; an interstate body created by a compact; or the federal government or a department, agency, or instrumentality of it.
(B) "Resident" means any individual who has resided in this
state for not less than six months next preceding the date of
making application for a license.
(C) "Nonresident" means any individual who does not qualify
as
a resident.
(D) "Division rule" or
"rule" means any rule adopted by the
chief of the division of wildlife under
section 1531.10 of the
Revised Code unless the context indicates otherwise.
(E) "Closed season" means that period of time during which
the taking of wild animals protected by this chapter and Chapter
1533. of the Revised Code is prohibited.
(F) "Open season" means that period of time during which
the
taking of wild animals protected by this chapter and Chapter 1533.
of the
Revised Code is
permitted.
(G) "Take or taking" includes pursuing, shooting, hunting,
killing, trapping, angling, fishing with a trotline, or netting
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,
wild bird, or wild quadruped, and any lesser act, such as
wounding, or placing, setting, drawing, or using any other device
for killing or capturing any wild animal, whether it results in
killing or capturing the animal or not. "Take or taking" includes
every
attempt to kill or capture and every act of assistance to
any
other person in killing or capturing or attempting to kill or
capture a wild animal.
(H) "Possession" means both actual and constructive
possession and any control of things referred to.
(I) "Bag limit" means the number, measurement, or weight
of
any kind of crayfish, aquatic insects, fish,
frogs, turtles, wild
birds, and wild quadrupeds permitted to be
taken.
(J) "Transport and transportation" means carrying or
moving
or causing to be carried or moved.
(K) "Sell and sale" means barter, exchange, or offer or
expose for sale.
(L) "Whole to include part" means that every provision
relating to any wild animal protected by this chapter and Chapter
1533. of the Revised Code applies to any part of the wild
animal
with the
same effect as it applies to the whole.
(M) "Angling" means fishing with not more than two hand
lines, not more than two units of rod and line, or a combination
of not more than one hand line and one rod and line, either in
hand or under control at any time while fishing. The hand line
or
rod and line shall have attached to it not more than three
baited
hooks, not more than three artificial fly rod lures, or
one
artificial bait casting lure equipped with not more than
three
sets of three hooks each.
(N) "Trotline" means a device for catching fish that
consists of a line
having suspended from it, at frequent
intervals,
vertical lines with hooks attached.
(O) "Fish" means a cold-blooded vertebrate having fins.
(P) "Measurement of fish" means length from the end of the
nose to
the longest tip or end of the tail.
(Q) "Wild birds" includes game birds and nongame birds.
(R) "Game" includes game birds, game quadrupeds, and
fur-bearing animals.
(S) "Game birds" includes mourning doves, ringneck
pheasants,
bobwhite quail, ruffed grouse,
sharp-tailed grouse,
pinnated grouse, wild turkey, Hungarian
partridge, Chukar
partridge, woodcocks, black-breasted plover,
golden plover,
Wilson's snipe or jacksnipe, greater and lesser
yellowlegs, rail,
coots, gallinules, duck, geese, brant, and
crows.
(T) "Nongame birds" includes all other wild birds not
included and defined as game birds or migratory game birds.
(U) "Wild quadrupeds" includes game quadrupeds and
fur-bearing animals.
(V) "Game quadrupeds" includes cottontail rabbits,
gray
squirrels, black squirrels, fox squirrels, red squirrels, flying
squirrels,
chipmunks, groundhogs or woodchucks, white-tailed deer,
wild
boar, and black bears.
(W) "Fur-bearing animals" includes minks, weasels,
raccoons,
skunks, opossums, muskrats, fox, beavers, badgers,
otters,
coyotes, and bobcats.
(X) "Wild animals" includes mollusks, crustaceans, aquatic
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,
and all other wild mammals, but does not include domestic deer.
(Y) "Hunting" means pursuing, shooting, killing, following
after or on the trail of, lying in wait for, shooting at, or
wounding wild birds or wild quadrupeds while employing any device
commonly used to kill or wound wild birds or wild quadrupeds
whether or not the acts result in killing or wounding. "Hunting"
includes
every attempt to kill or wound and every act of
assistance to any other person in killing or wounding or
attempting to kill or wound wild birds or wild quadrupeds.
(Z) "Trapping" means securing or attempting to secure
possession of a wild bird or wild quadruped by means of setting,
placing, drawing, or using any device that is designed to close
upon, hold fast, confine, or otherwise capture a wild bird or
wild
quadruped whether or not the means results in capture. "Trapping"
includes every act of assistance to any other person in
capturing
wild birds or wild quadrupeds by means of the device
whether or
not the means results in capture.
(AA) "Muskrat spear" means any device used in spearing
muskrats.
(BB) "Channels and passages" means those narrow bodies of
water lying between islands or between an island and the mainland
in Lake Erie.
(CC) "Island" means a rock or land elevation above the
waters of Lake Erie having an area of five or more acres above
water.
(DD) "Reef" means an elevation of rock, either broken or
in
place, or gravel shown by the latest United States chart to be
above the common level of the surrounding bottom of the lake,
other than the rock bottom, or in place forming the base or
foundation rock of an island or mainland and sloping from the
shore of it. "Reef" also means all elevations shown by
that
chart
to be above the common level of the sloping base or
foundation
rock of an island or mainland, whether running from
the shore of
an island or parallel with the contour of the shore
of an island
or in any other way and whether formed by rock, broken
or in
place, or from gravel.
(EE) "Fur farm" means any area used exclusively for
raising
fur-bearing animals or in addition thereto used for
hunting game,
the boundaries of which are plainly marked as such.
(FF) "Waters" includes any lake, pond, reservoir, stream,
channel, lagoon, or other body of water, or any part thereof,
whether natural or artificial.
(GG) "Crib" or "car" refers to that particular compartment
of the net from which the fish are taken when the net is lifted.
(HH) "Commercial fish" means those species of fish
permitted
to be taken, possessed, bought, or sold unless
otherwise
restricted by the Revised Code or division rule and
are alewife
(Alosa pseudoharengus), American eel (Anguilla
rostrata), bowfin
(Amia calva), burbot (Lota lota), carp
(Cyprinus carpio),
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo
(Ictiobus
cyprinellus), black bullhead (Ictalurus
melas), yellow bullhead
(Ictalurus natalis), brown
bullhead
(Ictalurus nebulosus), channel
catfish (Ictalurus punctatus),
flathead catfish (Pylodictis
olivaris), whitefish (Coregonus
sp.), cisco (Coregonus sp.),
freshwater drum or sheepshead
(Aplodinotus grunniens), gar
(Lepisosteus sp.), gizzard shad
(Dorosoma cepedianum), goldfish
(Carassius auratus), lake trout
(Salvelinus namaycush), mooneye
(Hiodon tergisus), quillback
(Carpiodes cyprinus), smelt
(Allosmerus elongatus, Hypomesus sp.,
Osmerus sp., Spirinchus
sp.), sturgeon (Acipenser sp.,
Scaphirhynchus sp.), sucker other
than buffalo and quillback
(Carpiodes sp., Catostomus sp.,
Hypentelium sp., Minytrema sp.,
Moxostoma sp.), white bass (Morone
chrysops), white perch (Roccus
americanus), and yellow perch
(Perca flavescens). When the
common name of a fish is used in
this chapter or Chapter 1533. of
the Revised Code, it refers to
the fish designated by the
scientific name in this definition.
(II) "Fishing" means taking or attempting to take fish by
any method, and all other acts such as placing, setting, drawing,
or using any device commonly used to take fish whether resulting
in a taking or not.
(JJ) "Fillet" means the pieces of flesh taken or cut from
both sides of a fish, joined to form one piece of flesh.
(KK) "Part fillet" means a piece of flesh taken or cut
from
one side of a fish.
(LL) "Round" when used in describing fish means with head
and tail intact.
(MM) "Migrate" means the transit or movement of fish to or
from one place to another as a result of natural forces or
instinct and includes, but is not limited to, movement of fish
induced or caused by changes in the water flow.
(NN) "Spreader bar" means a brail or rigid bar placed
across
the entire width of the back, at the top and bottom of the
cars in
all trap, crib, and fyke nets for the purpose of keeping
the
meshes hanging squarely while the nets are fishing.
(OO) "Fishing guide" means any person who, for
consideration
or hire, operates a boat, rents, leases, or
otherwise furnishes
angling devices, ice fishing shanties or
shelters of any kind, or
other fishing equipment, and
accompanies, guides, directs, or
assists any other person in
order for the other person to engage
in fishing.
(PP) "Net" means fishing devices with meshes composed of
twine or synthetic material and includes, but is not limited to,
trap nets, fyke nets, crib nets, carp aprons, dip nets, and
seines, except minnow seines and minnow dip nets.
(QQ) "Commercial fishing gear" means seines, trap nets,
fyke
nets, dip nets, carp aprons, trotlines, other similar gear,
and
any boat used in conjunction with that gear, but does not
include
gill nets.
(RR) "Native wildlife" means any species of the animal
kingdom indigenous to this state.
(SS) "Gill net" means a single section of fabric or
netting
seamed to a float line at the top and a lead line at the
bottom,
which is designed to entangle fish in the net openings as
they
swim into it.
(TT) "Tag fishing tournament" means a contest in which a
participant pays a fee, or gives other valuable consideration,
for
a chance to win a prize by virtue of catching a tagged or
otherwise specifically marked fish within a limited period of
time.
(UU) "Tenant" means an individual who resides on land for
which
the individual pays rent and whose annual income is
primarily derived
from agricultural production conducted on that
land, as "agricultural
production" is defined in section 929.01 of
the Revised Code.
(VV) "Nonnative wildlife" means any wild animal not
indigenous to this state, but does not include domestic deer.
(WW) "Reptiles" includes common musk turtle
(sternotherus
odoratus), common snapping turtle (Chelydra
serpentina
serpentina), spotted turtle (Clemmys guttata), eastern box
turtle
(Terrapene carolina carolina),
Blanding's turtle (Emydoidea
blandingii), common
map turtle (Graptemys geographica), ouachita
map turtle
(Graptemys pseudogeographica ouachitensis), midland
painted turtle
(Chrysemys picta marginata), red-eared slider
(Trachemys
scripta elegans), eastern spiny softshell turtle
(Apalone spinifera
spinifera), midland smooth softshell turtle
(Apalone mutica
mutica), northern fence lizard (Sceloporus
undulatus
hyacinthinus), ground skink (Scincella lateralis),
five-lined skink
(Eumeces fasciatus), broadhead skink (Eumeces
laticeps),
northern coal skink (Eumeces anthracinus anthracinus),
European wall lizard (Podarcis muralis), queen snake
(Regina
septemvittata), Kirtland's snake (Clonophis
kirtlandii), northern
water snake (Nerodia sipedon sipedon),
Lake
Erie watersnake
(Nerodia sipedon insularum), copperbelly
water snake (Nerodia
erythrogaster
neglecta), northern brown snake (Storeria dekayi
dekayi),
midland brown snake (Storeria
dekayi wrightorum),
northern redbelly snake
(Storeria occipitomaculata
occipitomaculata), eastern garter snake
(Thamnophis sirtalis
sirtalis), eastern plains garter snake
(Thamnophis radix radix),
Butler's garter snake
(Thamnophis butleri), shorthead garter snake
(Thamnophis
brachystoma), eastern ribbon snake (Thamnophis
sauritus sauritus), northern ribbon snake (Thamnophis sauritus
septentrionalis), eastern hognose snake (Heterodon platirhinos),
eastern
smooth earth snake (Virginia valeriae valeriae), northern
ringneck
snake (Diadophis punctatus edwardsii), midwest worm snake
(Carphophis amoenus helenae), eastern worm snake (Carphophis
amoenus amoenus), black racer (Coluber constrictor constrictor),
blue
racer (Coluber constrictor foxii), rough green snake
(opheodrys aestivus), smooth green snake (opheodrys
vernalis
vernalis), black rat snake (Elaphe obsoleta obsoleta),
eastern fox
snake (Elaphe
vulpina gloydi), black kingsnake (Lampropeltis
getula nigra),
eastern milk snake (Lampropeltis triangulum
triangulum), northern
copperhead (Agkistrodon contortrix mokasen),
eastern massasauga
(Sistrurus catenatus catenatus), and timber
rattlesnake
(Crotalus horridus horridus).
(XX) "Amphibians" includes eastern hellbender
(Crytpobranchus
alleganiensis alleganiensis), mudpuppy (Necturus
maculosus
maculosus),
red-spotted newt
(Notophthalmus viridescens
viridescens), Jefferson
salamander (Ambystoma jeffersonianum),
spotted salamander
(Ambystoma maculatum), blue-spotted salamander
(Ambystoma
laterale), smallmouth salamander (Ambystoma texanum),
streamside
salamander (Ambystoma barbouri), marbled salamander
(Ambystoma opacum), eastern tiger salamander (Ambystoma
tigrinum
tigrinum), northern dusky salamander
(Desmognathus fuscus fuscus),
mountain dusky salamander
(Desmognathus ochrophaeus), redback
salamander (Plethodon
cinereus), ravine salamander (Plethodon
richmondi), northern slimy
salamander (Plethodon glutinosus),
Wehrle's salamander
(Plethodon wehrlei), four-toed salamander
(Hemidactylium
scutatum), Kentucky spring salamander (Gyrinophilus
porphyriticus duryi), northern spring salamander (Gyrinophilus
porphyriticus porphyriticus), mud
salamander (Pseudotriton
montanus), northern red salamander
(Pseudotriton ruber ruber),
green salamander (Aneides
aeneus),
northern two-lined salamander
(Eurycea bislineata), longtail
salamander (Eurycea longicauda
longicauda), cave salamander
(Eurycea
lucifuga), southern
two-lined salamander (Eurycea cirrigera),
Fowler's toad (Bufo
woodhousii fowleri),
American toad (Bufo americanus), eastern
spadefoot
(Scaphiopus holbrookii), Blanchard's cricket frog
(Acris
crepitans blanchardi), northern spring peeper
(Pseudacris
crucifer
crucifer), gray treefrog (Hyla versicolor),
Cope's gray treefrog
(Hyla chrysoscelis), western
chorus frog (Pseudacris triseriata
triseriata), mountain chorus frog
(Pseudacris brachyphona),
bullfrog (Rana catesbeiana),
green frog (Rana clamitans melanota),
northern leopard frog
(Rana pipiens), pickerel frog (Rana
palustris), southern
leopard frog (Rana utricularia), and wood
frog (Rana sylvatica).
(YY) "Deer" means white-tailed deer
(Oddocoileus
virginianus).
(ZZ) "Domestic deer" means nonnative
deer that have been
legally acquired or their offspring and that are held in
private
ownership for primarily agricultural purposes.
(AAA) "Migratory game bird" includes waterfowl (Anatidae);
doves (Columbidae); cranes (Gruidae); cormorants (Phalacrocoracidea); rails, coots, and gallinules
(Rallidae); and woodcock and snipe (Scolopacidae).
(BBB) "Accompany" means to go along with another person while staying within a distance from the person that enables uninterrupted, unaided visual and auditory communication.
Sec. 1531.02. The ownership of and the title to all wild
animals in this state, not legally confined or held by private
ownership legally acquired, is in the state, which holds such
title in trust for the benefit of all the people. Individual
possession shall be obtained only in accordance with the Revised
Code or division rules. No person at any
time of the year shall take in any manner or possess any number or
quantity of wild animals, except wild animals that the Revised
Code or division rules permit to be taken, hunted, killed, or
had in possession, and only at the time and place and in the
manner that the Revised Code or division rules prescribe. No
person shall buy, sell, or offer any part of wild animals for
sale, or transport any part of wild animals, except as permitted
by the Revised Code or division rules. No person shall possess
or transport a wild animal that has been taken or possessed unlawfully
outside the state.
A person doing anything prohibited or neglecting to do
anything required by this chapter or Chapter 1533. of the Revised
Code or contrary to any division rule violates this section. A
person who counsels, aids, shields, or harbors an offender under
such those chapters or any division rule, or who knowingly shares in the
proceeds of such a violation, or receives or possesses any wild
animal in violation of the Revised Code or division rule,
violates this section. No person shall use
a rifle, at any time, in taking migratory game birds.
Sec. 1531.04. The division of wildlife, at the direction
of the chief of the division, shall do all of the following:
(A) Plan, develop, and institute programs and policies based on the best
available information, including biological information derived from
professionally accepted practices in wildlife and fisheries management, with
the approval of the director of natural resources;
(B) Have and take the general care, protection, and
supervision of the wildlife in the state parks known as Lake St.
Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye
Lake, Guilford Lake, such part of Pymatuning reservoir as lies in
this state, and all other state parks and lands owned by the state or
in which it is interested or may acquire or become
interested,
except lands and lakes the care and supervision of which are
vested in some other officer, body, board, association, or
organization;
(C) Enforce by proper legal action or proceeding the laws
of the state and division rules for the protection, preservation,
propagation, and management of wild animals and sanctuaries and
refuges for the propagation of those wild animals, and adopt and
carry into effect such measures as it considers necessary in the
performance of its duties;
(D) Promote, educate, and inform the citizens of the state about conservation and the values of fishing, hunting, and trapping, with the approval of the director.
Sec. 1531.06. (A) The chief of the division of wildlife,
with
the approval of the director of natural resources, may
acquire by
gift, lease, purchase, or otherwise lands or surface
rights upon
lands and waters or surface rights upon waters for
wild animals,
fish or game management, preservation, propagation,
and
protection, outdoor and nature activities, public fishing and
hunting grounds, and flora and fauna preservation. The chief,
with the approval of the director, may receive by grant, devise,
bequest, donation, or assignment evidences of indebtedness, the
proceeds of which are to be used for the purchase of such lands
or
surface rights upon lands and waters or surface rights
upon
waters.
(B)(1) The chief shall adopt rules for the protection of
state-owned
or
leased
lands and waters and property under the
division's control of the division of wildlife against
wrongful use or occupancy that will
ensure the carrying out of the
intent of this section, protect
those lands, waters, and
property from depredations, and preserve
them from
molestation, spoilation, destruction, or any improper
use or
occupancy thereof, including rules with respect
to
recreational activities and for the government and use of such
lands, waters, and property.
(2) The chief may adopt rules benefiting wild
animals, fish
or game management, preservation, propagation, and
protection,
outdoor and nature activities, public fishing and
hunting grounds,
and flora and fauna preservation, and regulating the
taking and
possession of wild animals on any lands or waters
owned or leased
or under the division's supervision and control and,
for a
specified period of years, may prohibit or recall the taking
and
possession of any wild animal on any portion of such lands or
waters. The division clearly shall define and mark the
boundaries
of the lands and waters owned or leased or under
its supervision
and control upon which the taking of any
wild animal is
prohibited.
(C) The chief, with the approval of the director, may
acquire
by gift, lease, or purchase land for the purpose of
establishing
state fish hatcheries and game farms and may erect
on
it buildings or structures that are necessary.
The title to or lease of such lands and waters shall be
taken
by the chief in the name of the state. The lease or
purchase
price of all such lands and waters may be paid from
hunting and
trapping and fishing licenses and any other funds.
(D) To provide more public recreation, stream and lake
agreements for public fishing only may be obtained under rules
adopted by the chief.
(E) The chief, with the approval of the director, may
establish
user fees for the use of special public facilities or
participation
in special activities on lands and waters
administered by the
division. The special facilities and
activities may include
hunting or fishing on special designated
public lands and waters
intensively managed or stocked with
artificially propagated game
birds or fish, field trial
facilities, wildlife nature centers,
firearm ranges, boat mooring
facilities, camping sites, and other
similar special facilities
and activities. The chief shall determine whether
the user fees
are refundable and shall ensure that that information is
provided
at the time the user fees are paid.
(F) The chief, with the
approval of the director, may enter
into lease agreements for
rental of concessions or other special
projects situated on
state-owned or leased lands or waters or
other property under
the division's control. The chief shall set
and collect the fees for
concession rentals or other special
projects; regulate through
contracts between the division and
concessionaires the sale of
tangible objects at concessions or
other special projects; and
keep a record of all such fee payments
showing the amount
received, from whom received, and for
what
purpose the
fee was collected.
(G) The chief may sell or donate
conservation-related items
or items that promote wildlife
conservation, including, but not
limited to, stamps, pins,
badges, books, bulletins, maps,
publications, calendars, and any other
educational article or
artifact pertaining to wild animals; sell
confiscated or forfeited
items; and sell surplus structures and
equipment, and timber or
crops from lands owned, administered,
leased, or controlled by the
division.
(H) The chief may sell, lease, or transfer minerals or
mineral rights,
with the approval of the director, when the chief
and the director determine
it to be in the best interest of the
state. Upon approval of the director,
the chief may make,
execute, and deliver contracts, including leases, to mine,
drill,
or excavate iron ore, stone, coal, petroleum, gas, salt, and other
minerals upon and under lands owned by the state and administered
by the
division to any person who complies with the terms of such
a contract. No
such contract shall be valid for more than fifty
years from its effective
date. Consideration for minerals and
mineral rights shall be by rental or
royalty basis as prescribed
by the chief and payable as prescribed by contract. Moneys
collected under
this division shall be paid into the state
treasury to the
credit of the wildlife habitat
fund created in
section 1531.33 of
the Revised Code. Contracts entered
into under
this division also
may provide for
consideration for minerals or
mineral rights in
the form of acquisition of
lands as provided
under divisions (A)
and (C) of this section.
(I) All moneys received under divisions (E), (F), and (G) of
this section
shall be paid into the state treasury to
the credit
of a fund that shall be used for the purposes
outlined in section
1533.15 of the
Revised Code and for the
management of other wild
animals for
their ecological and
nonconsumptive recreational value
or
benefit.
(J) The chief, with
the approval of the director, may barter
or sell wild animals to
other states, state or federal agencies,
and conservation or
zoological organizations. Moneys received
from the sale of wild
animals shall be deposited into the wild
animal fund created in
section 1531.34 of the Revised Code.
(K) The chief shall adopt rules establishing standards
and
guidelines for the administration of contraceptive chemicals
to
noncaptive wild animals. The rules may specify chemical
delivery
methods and devices and monitoring requirements.
The chief shall establish criteria for the issuance of
and
shall issue permits for the administration of contraceptive
chemicals to noncaptive wild animals. No person shall
administer
contraceptive chemicals to noncaptive wild animals
without a
permit issued by the chief.
(L) All fees set by the chief under this section shall be
approved by the wildlife council.
(M) Information contained in the wildlife diversity database that is established pursuant to division (B)(2) of this section and section 1531.25 of the Revised Code may be made available to any individual or public or private agency for research, educational, environmental, land management, or other similar purposes that are not detrimental to the conservation of a species or feature. Information regarding sensitive site locations of species that are listed pursuant to section 1531.25 of the Revised Code and of features that are included in the wildlife diversity database is not subject to section 149.43 of the Revised Code if the chief determines that the release of the information could be detrimental to the conservation of a species or feature.
Sec. 1531.10. In accordance with Chapter 119. of the
Revised Code, the chief of the division of wildlife shall adopt,
and may amend and rescind, rules that are necessary for the
administration and enforcement of this chapter and Chapter 1533.
of the Revised Code. Each such rule shall be filed with the
clerk of the court of common pleas of each county where the rule
is effective and shall be given such additional publicity by
advertising or otherwise as the chief considers necessary or
expedient. As long as a rule of the division of wildlife remains
in effect, a copy of it shall be included and printed in any
authorized compilation of the division lawbook. All such rules
shall be under the seal of the division and shall bear the
signature, or a facsimile thereof, of the chief.
Sec. 1531.20. Any motor vehicle, all-terrain vehicle, or
boat used in the unlawful taking or transporting of wild animals,
and any net, seine, trap, ferret, gun, or other device used in the
unlawful taking of wild animals, is a public nuisance. Each wildlife
officer, or other officer with like authority, shall seize and
safely keep such property and the illegal results of its use, and unless
otherwise ordered by the chief of the
division of wildlife shall institute initiate, within five thirty days,
proceedings in a proper court of the county for its forfeiture. A writ of
replevin shall not lie to take the property from the officer's
custody or from the custody or jurisdiction of the court in which
the proceeding is instituted initiated, nor shall the proceeding affect a
criminal prosecution for the unlawful use or possession of the property.
An action for the forfeiture of any such property shall be
commenced initiated by the filing of an affidavit describing the property
seized and stating the unlawful use made of it, the time and
place of seizure, and the name of the person owning or using it
at the time of seizure. If the name is unknown, that fact shall
be stated. Upon the filing of the affidavit, the court shall
issue a summons setting forth the facts stated in the affidavit
and fixing a time and place for the hearing of the complaint. A
copy of the summons shall be served on the owner or person using
the property at the time of its seizure, if the owner or user
is known, or by leaving a copy thereof at the owner's or
user's usual residence or place of
business in the county, at least three days before the time fixed
for the hearing of the complaint. If the owner or user is
unknown or a nonresident of the county or cannot be found
therein, a copy of the summons shall be posted at a suitable
place nearest the place of seizure, but if the owner's or
user's address is known, a copy of the summons shall be mailed to
the owner or user at least three days before the time fixed
for the hearing of the complaint. On the date fixed for the hearing, the
officer making the service shall make a return of the time and manner of
making the service. Upon
the proper cause shown, the court may postpone the hearing.
If A proceeding for the forfeiture of seized property that is initiated under this section shall not progress to actual forfeiture of the seized property unless so ordered by the court. The court may order the actual forfeiture of the seized property as part of the sentence that it imposes if the owner or person unlawfully using the property at
the time of its seizure is arrested convicted, pleads guilty, and or confesses
that the property at the time of its seizure was being used by
the owner or user in violation of law or division rule, no
proceeding of forfeiture shall be instituted, but the court in
imposing sentence shall order the. Forfeited property so seized forfeited to
shall be the property of the state, to be disposed of thereafter as the chief of the division of
wildlife directs.
Notwithstanding any other provision of this section to
the contrary, a proceeding of forfeiture shall not be instituted
under this section unless the owner of the property or the
person unlawfully using the property is convicted of a violation
of law or division rule.
Sec. 1531.27. The chief of the division of wildlife shall pay
to the treasurers of the several counties wherein lands owned by
the state and administered by the division are located an annual
amount determined in the following manner: in each such county
one per cent of the total value of such lands exclusive of
improvements, as shown on the auditor's records of taxable value
of real property existing at the time when the state acquired the
tract or tracts comprising the lands.
The payments shall be made from funds accruing to the
division from the sale of hunting or fishing licenses
and from fines, penalties, restitution, and forfeitures deposited into the state treasury to the credit of the wildlife fund created in section 1531.17 of the Revised Code. The allocation of
amounts to be paid from those sources shall be determined by the
director of natural resources.
The payments to the treasurers of the several counties
shall be credited to the fund for school purposes within the
school districts wherein the lands are located.
Sec. 1531.99. (A) Whoever violates section 1531.02 of the
Revised Code, or any division rule, other than a rule adopted under
section 1531.25 of the Revised Code, is guilty of a misdemeanor of the fourth
degree.
(B) Whoever violates section 1531.02 of the Revised Code
concerning the taking or possession of deer or violates division
(K) of section 1531.06 or section 1531.07 or 1531.29 of the
Revised Code is guilty of a misdemeanor of the third degree on a first
offense; on each subsequent offense, that person is guilty of a misdemeanor of
the first degree.
(C) Whoever violates section 1531.25 of the Revised Code
is guilty of a misdemeanor of the first degree.
(D) Whoever violates section 1531.02 of the Revised Code concerning the
buying, selling, or offering for sale of any wild animals or parts of wild animals, the
minimum value of which animals or parts, in the aggregate, is more than one
thousand dollars or more as established under section 1531.201 of the Revised Code, is
guilty of a felony of the fifth degree.
(E) A court that imposes sentence for a violation of any
section of this chapter governing the holding, taking, buying, selling, or
possession of wild animals, including, without limitation,
section 1531.11 of the Revised Code, shall require the person who
is convicted of or pleads guilty to the offense, in addition to
any fine, term of imprisonment, seizure, and forfeiture imposed,
to make restitution for the minimum value of the wild animal
illegally held, taken, bought, sold, or possessed as established under section
1531.201 of the Revised Code. An officer who collects moneys
paid as restitution under this section shall pay those moneys to
the treasurer of state who shall deposit them in the state
treasury to the credit of the wildlife fund established under
section 1531.17 of the Revised Code.
Sec. 1533.07. No person shall catch, kill, injure, pursue,
or have in the person's possession, either dead or alive, or
purchase, expose for sale, transport, or ship to a point within or
without
the state, or receive or deliver for transportation any
bird
other than a game bird, or have in the person's possession
any part of the plumage, skin, or body of any bird other than a
game bird,
except as permitted in Chapter 1531. and
this chapter
of the Revised Code, or
disturb or destroy the eggs, nest, or
young of such a bird.
This section does not prohibit the lawful taking, killing,
pursuing, or possession of any game bird during the open season
for the bird. Hawks or owls causing damage to domestic animals
or
fowl may be killed by the owner of the domestic animal or fowl
while the damage is occurring. Bald or golden eagles and
ospreys
shall not be killed or possessed at any time, except that
eagles
or ospreys may be possessed for educational purposes by
governmental or municipal zoological parks, museums, and
scientific or educational institutions. European starlings,
English sparrows, and common pigeons, other than homing pigeons,
may be killed at any time and their nests or eggs
may be
destroyed, at
any time. Blackbirds may be killed at any
time when
doing
damage to grain or other property
or when they become a
nuisance.
Each bird or any part thereof taken or had in possession
contrary to this section constitutes a separate offense.
Sec. 1533.08. Except as otherwise provided by division rule, any person
desiring to collect or possess wild animals that are protected by law or their nests or
eggs for scientific
study, school instruction, other educational uses, or rehabilitation shall
make an annual application to the chief of the division of wildlife for a
wild animal collecting permit on a form furnished by the chief. Each
applicant for a wild animal collecting permit, other than an
applicant desiring to rehabilitate wild animals, shall pay an
annual fee of twenty-five dollars for each permit. No fee shall be charged to an
applicant desiring to rehabilitate wild animals. When it appears
that the application is made in good faith, the The chief shall may issue to the
applicant a permit to take, possess, and transport at any time
and in any a manner that is acceptable to the chief specimens of wild animals protected by law or
their nests and eggs for scientific study, school instruction,
other educational uses, or rehabilitation and under any additional
rules recommended by the wildlife council. Upon the receipt of a
permit, the holder may take, possess, and transport those
wild animals in accordance with the permit.
Each holder of a permit engaged in collecting or who possesses such wild
animals shall carry the permit at all times
and shall exhibit it upon demand to any wildlife officer, constable, sheriff,
deputy sheriff, or police peace officer, as defined in section 2935.01 of the Revised Code, or to the owner or person in
lawful control of the land upon which the permit holder is
collecting, or to any other person possesses the wild animals. Failure to so carry or exhibit the permit
constitutes an offense under this section.
Each permit holder shall keep a daily record of all
specimens collected or possessed under the permit and the disposition of the
specimens and shall exhibit the daily record to any official of
the division upon demand.
Each permit shall remain in effect for one year from
the date of issuance unless it is revoked sooner by the chief.
All moneys received as fees for the issuance of a wild
animal collecting permit shall be transmitted to the director
of natural resources to be paid into the state treasury to the
credit of the fund created by section 1533.15 of the Revised
Code.
Sec. 1533.09. Before the first fifteenth day of February March of each
year, each wild animal collecting permit holder shall file with
the division of wildlife a written report of his the permit
holder's operations under the permit and the disposition of the specimens
collected or possessed during
the preceding calendar year on report blanks furnished by the
chief of the division. Failure to file a report
shall cause the permit to be forfeited as of the first fifteenth day of
February March. Permits are not transferable. No permit holder or
person collecting or possessing wild animals under authority of such a permit shall
take, possess, or transport the wild animals for any purpose not
specified in the permit.
Conviction of a violation of this section, failure to carry
a permit and exhibit it to any person requesting to
see it as provided in section 1533.08 of the Revised Code, or the violation of any other law concerning wild animals
constitutes a revocation and forfeiture of the permit involved.
The former permit holder shall not be entitled to another permit
for a period of one year from the date of the conviction.
Sec. 1533.10. Except as provided in this section or
division (A)(2) of section 1533.12 of the Revised Code, no person
shall hunt any wild bird or wild quadruped without a hunting
license. Each day that any person hunts within the state without
procuring such a license constitutes a separate offense. Except as otherwise provided in this section, every
applicant for a hunting license who is a resident of the state
and eighteen years of age or more shall
procure a resident hunting license or an apprentice resident hunting license,
the fee for which shall be eighteen dollars, unless the rules
adopted under division (B) of section 1533.12 of the Revised Code
provide for issuance of a resident hunting license to the
applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior hunting license, the fee for which shall be one-half of the regular hunting license fee. Every applicant who is under the age of eighteen years shall procure a
special youth hunting license or an apprentice youth hunting license, the fee for which shall be
one-half of the regular hunting license fee. The owner of lands in the
state and the
owner's children of any
age and grandchildren under eighteen years of age may hunt
on the lands
without a hunting license. The tenant and children of
the tenant, residing on lands in the state, may hunt
on them without a hunting license. Except as otherwise provided in division (A)(1) of section 1533.12 of the Revised Code, every applicant for
a hunting
license who is a nonresident of the state and who is eighteen years of age or older shall procure a
nonresident hunting license or an apprentice nonresident hunting license, the fee for which shall be
one hundred twenty-four dollars, unless the applicant is a resident of a state that is a
party to an agreement under section 1533.91 of the Revised Code,
in which case the fee shall be eighteen dollars. Apprentice resident hunting licenses, apprentice youth hunting licenses, and apprentice nonresident hunting licenses are subject to the requirements established under section 1533.102 of the Revised Code and rules adopted pursuant to it.
The chief of the division of wildlife may issue a
small game hunting license expiring three days from the effective
date of the license to a nonresident of the state, the fee for
which shall be thirty-nine dollars. No person shall take or
possess deer, wild turkeys, fur-bearing animals, ducks, geese, brant,
or any nongame animal while
possessing only a
small game hunting license. A
small game hunting license or an apprentice nonresident hunting license does not authorize the taking or possessing of
ducks, geese, or brant without having obtained, in addition to
the small game hunting license or the apprentice nonresident hunting license, a wetlands habitat
stamp as provided in section 1533.112 of the Revised Code. A
small game hunting license or an apprentice nonresident hunting license does not authorize the taking
or possessing of deer, wild turkeys, or fur-bearing animals. A
nonresident of the state who wishes to take or possess deer,
wild turkeys, or fur-bearing animals in this state shall
procure, respectively, a special deer or wild turkey permit as
provided in section 1533.11 of the Revised Code or a fur
taker permit as provided in section 1533.111 of the Revised
Code in addition to a nonresident hunting license, an apprentice nonresident hunting license, a special youth hunting license, or an apprentice youth hunting license, as applicable, as provided in this
section.
No person shall procure or attempt to procure a hunting
license by fraud, deceit, misrepresentation, or any false
statement.
This section does not authorize the taking and possessing
of deer or wild turkeys without first having obtained, in
addition to the hunting license required by this section, a
special deer or wild turkey permit as provided in section 1533.11
of the Revised Code or the taking and possessing of ducks, geese,
or brant without first having obtained, in addition to the
hunting license required by this section, a wetlands habitat
stamp as provided in section 1533.112 of the Revised Code.
This section does not authorize the hunting or trapping of
fur-bearing animals without first having obtained, in addition to
a hunting license required by this section, a fur taker permit as
provided in section 1533.111 of the Revised Code.
No hunting license shall be issued unless it is accompanied by a written
explanation of the law in section 1533.17
of the Revised Code and the penalty for its
violation, including a description of terms of imprisonment and fines that may
be imposed.
No hunting license, other than an apprentice hunting license, shall be issued unless the applicant
presents to the agent authorized to issue the license a
previously held hunting license or evidence of having held such a
license in content and manner approved by the chief, a
certificate of completion issued upon completion of a hunter
education and conservation course approved by the chief, or
evidence of equivalent training in content and manner approved by
the chief. A previously held apprentice hunting license does not satisfy the requirement concerning the presentation of a previously held hunting license or evidence of it.
No person shall issue a hunting license, except an apprentice hunting license, to any person who
fails to present the evidence required by this section. No
person shall purchase or obtain a hunting license, other than an apprentice hunting license, without
presenting to the issuing agent the evidence required by this
section. Issuance of a hunting license in violation of the
requirements of this section is an offense by both the purchaser
of the illegally obtained hunting license and the clerk or agent
who issued the hunting license. Any hunting license issued in
violation of this section is void.
The chief, with approval of the wildlife council, shall
adopt rules prescribing a hunter education and conservation
course for first-time hunting license buyers, other than buyers of apprentice hunting licenses, and for volunteer
instructors. The course shall consist of subjects including, but
not limited to, hunter safety and health, use of hunting
implements, hunting tradition and ethics, the hunter and
conservation, the law in section 1533.17
of the Revised Code along with the penalty for
its
violation, including a description of terms of imprisonment and fines that may
be imposed, and other law relating to hunting.
Authorized
personnel of the division or volunteer instructors approved by
the chief shall conduct such courses with such frequency and at
such locations throughout the state as to reasonably meet the
needs of license applicants. The chief shall issue a certificate
of completion to each person who successfully completes the
course and passes an examination prescribed by the chief.
Sec. 1533.11. (A) Except as provided in this section, no
person shall hunt deer on lands of another without first
obtaining an annual special deer permit. Except as provided in
this section, no person shall hunt wild turkeys on lands of
another without first obtaining an annual special wild turkey
permit. Each applicant for a special deer or wild turkey permit
shall pay an annual fee of twenty-three dollars for each permit unless the rules adopted under division (B)
of section 1533.12 of the Revised Code provide for issuance of a
deer or wild turkey permit to the applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior deer or wild turkey permit, the fee for which shall be one-half of the regular special deer or wild turkey permit fee. Each applicant who is under the age of eighteen years shall procure a special youth deer or wild turkey permit, the fee for which shall be one-half of the regular special deer or wild turkey permit fee.
Except as provided in division (A)(2) of section 1533.12 of the
Revised Code, a deer or wild turkey permit shall run concurrently
with the hunting license. The money received shall be paid into the state
treasury to the credit of the wildlife fund, created in section
1531.17 of the Revised Code, exclusively for the use of the
division of wildlife in the acquisition and development of land
for deer or wild turkey management, for investigating deer or
wild turkey problems, and for the stocking, management, and
protection of deer or wild turkey. Every person, while hunting
deer or wild turkey on lands of another, shall carry the
person's special deer or wild turkey permit and exhibit it
to any enforcement officer so requesting. Failure to so carry and
exhibit such a permit constitutes an offense under this section.
The chief of the division of wildlife shall adopt any additional
rules the chief considers necessary to carry out this section
and section 1533.10 of the Revised Code.
The owner and the children of the owner of lands in this
state may hunt deer or wild turkey thereon without a special deer
or wild turkey permit. The tenant and children of the
tenant may hunt deer or wild turkey on lands where
they reside without a special deer or wild turkey permit.
(B) A special deer or wild turkey permit is not
transferable. No person shall carry a special deer or wild
turkey permit issued in the name of another person.
(C) The wildlife refunds fund is hereby created in the
state treasury. The fund shall consist of money received from
application fees for special deer permits that are not issued.
Money in the fund shall be used to make refunds of such
application fees.
Sec. 1533.12. (A)(1) Except as otherwise provided in division (A)(2) of this section, every person on active duty in the armed forces of the United States who is stationed in this state and who wishes to engage in an activity for which a license, permit, or stamp is required under this chapter first shall obtain the requisite license, permit, or stamp. Such a person is eligible to obtain a resident hunting or fishing license regardless of whether the person qualifies as a resident of this state. To obtain a resident hunting or fishing license, the person shall present a card or other evidence identifying the person as being on active duty in the armed forces of the United States and as being stationed in this state.
(2) Every person on active duty in the
armed forces of the United States, while on leave or furlough,
may take or catch fish of the kind lawfully permitted to be taken
or caught within the state, may hunt any wild bird or wild
quadruped lawfully permitted to be hunted within the state, and
may trap fur-bearing animals lawfully permitted to be trapped
within the state, without procuring a fishing license, a hunting
license, a fur taker permit, or a wetlands habitat stamp required
by this chapter, provided that the person shall carry on the person when
fishing, hunting, or trapping, a card or other
evidence identifying the person as
being on active duty in the armed
forces of the United States, and provided that the person is not
otherwise violating any of the hunting, fishing, and trapping
laws of this state.
In order to hunt deer or wild turkey, any such person shall
obtain a special deer or wild turkey permit, as applicable, under
section 1533.11 of the Revised Code. However, the person need
not obtain a hunting license in order to obtain such a permit.
(B) The chief of the division of wildlife shall provide by
rule adopted under section 1531.10 of the Revised Code all of
the following:
(1) Every resident of this state with a disability that
has been determined by the veterans administration to be
permanently and totally disabling, who receives a pension or
compensation from the veterans administration, and who received
an honorable discharge from the armed forces of the United
States, and every veteran to whom the registrar of motor vehicles
has issued a set of license plates under section 4503.41 of the
Revised Code, shall be issued an annual a fishing license, hunting
license, fur taker permit, deer or wild turkey permit, or
wetlands habitat stamp, or any combination of those licenses,
permits, and stamp, free of charge on an annual, multi-year, or lifetime basis as determined appropriate by the chief when application is made to
the chief in the manner prescribed by and on forms provided by
the chief.
(2) Every resident of the state who was born on or before December 31, 1937, shall be issued an annual fishing license, hunting
license, fur taker permit, deer or wild turkey permit, or
wetlands habitat stamp, or any combination of those licenses,
permits, and stamp, free of charge when application is made to
the chief in the manner prescribed by and on forms provided by
the chief.
(3) Every resident of state or county institutions,
charitable institutions, and military homes in this state shall
be issued an annual fishing license free of charge when
application is made to the chief in the manner prescribed by and
on forms provided by the chief.
(4) Any mobility impaired or blind person, as defined in
section 955.011 of the Revised Code, who is a resident of this state and who is
unable to engage in fishing without the assistance of another
person shall be issued an annual
fishing license free of charge when application is made to the
chief in the manner prescribed by and on forms provided by the
chief. The person who is assisting the mobility
impaired or blind person may
assist in taking or catching fish of the kind permitted to be
taken or caught without procuring the license required under
section 1533.32 of the Revised Code, provided that only one line
is used by both persons.
(5) As used in division (B)(5) of this section,
"prisoner of war" means any regularly appointed, enrolled, enlisted, or
inducted member of the military forces of the United States who was captured,
separated, and incarcerated by an enemy of the United States.
Any person who has been a prisoner of war, was honorably
discharged from the military forces, and is a resident of this
state shall be issued an annual a fishing license, hunting license,
fur taker permit, or wetlands habitat stamp, or any combination
of those licenses, permits, and stamp, free of charge on an annual, multi-year, or lifetime basis as determined appropriate by the chief when
application is made to the chief in the manner prescribed by and
on forms provided by the chief.
(C) The chief shall adopt rules pursuant to section
1531.08 of the Revised Code designating not more than two days,
which need not be consecutive, in each year as "free sport
fishing days" on which any resident may exercise the privileges
accorded the holder of a fishing license issued under section
1533.32 of the Revised Code without procuring such a license,
provided that the person is not otherwise violating any of the
fishing laws of this state.
Sec. 1533.131. The chief of the division of wildlife may
sell gift certificates that may be used to obtain hunting and
fishing licenses, fur taker, special deer, and special wild turkey permits,
and wetlands habitat stamps. For the purposes of this section, the chief
shall adopt rules in accordance with section 1531.10 of the
Revised Code doing all of the following:
(A) Providing that a
gift certificate may be used to obtain a resident or nonresident hunting
license under section 1533.10 of the Revised
Code, a resident or nonresident fishing
license under section 1533.32 of the
Revised
Code, a fur taker permit under section 1533.111 of the
Revised Code, a special deer or wild turkey permit under
section 1533.11 of the Revised Code, a wetlands habitat
stamp under section 1533.112 of the Revised Code, or a
combination of those licenses, permits, and stamps;
(B) Prescribing the form for the gift certificates;
(C) Authorizing persons who are
designated and authorized under section 1533.13 of the
Revised Code to sell licenses and
permits under this chapter also to sell gift certificates under
this section;
(D) Establishing fees for the gift
certificates, which shall equal the total of the fee for a
resident or nonresident hunting license, a resident or nonresident fishing
license, a fur taker permit, a special deer or wild turkey permit, a wetlands
habitat stamp, or a combination of those licenses, permits, and stamps stamp, as
applicable, and the
fee established under section 1533.13 of the
Revised Code;
(E) Requiring gift certificates to
expire one year after the date of purchase.
Nothing in this section or rules adopted under it relieves
an individual who receives a gift certificate for a hunting
license from complying with the requirement established under
section 1533.10 of the Revised
Code to present, when applying
for the license, a previously held hunting license or evidence
of having held such a license in content and manner approved by
the chief, a certificate of completion issued upon completion of
a hunter education and conservation course approved by the
chief, or evidence of equivalent training in content and manner
approved by the chief.
Nothing in this section or rules adopted under it relieves an individual
who receives a gift certificate for a fur taker permit from complying with the
requirements established under section 1533.111 of the Revised
Code to present, when applying for the permit, a previously held
hunting license or trapping or fur taker permit or evidence of having held
such a license or permit in content and manner approved by the chief, a
certificate of completion issued upon completion of a trapper education course
approved by the chief, or evidence of equivalent training in content and
manner approved by the chief.
Sec. 1533.171. (A) No person, in the act of hunting, pursuing, taking, or
killing a wild animal, shall act in a negligent, careless,
or reckless manner so as to injure persons or property.
(B) The court before whom any person is convicted of or
pleads guilty to a violation of division (A) of this section
shall report that fact, together with the violator's name and
address, to the chief of the division of wildlife not later than
ten days after the date of conviction or plea.
(C) Not later than seven days after receiving a
notification under division (B) of this section, the chief shall
revoke, for not less than one year nor more than five years, each
hunting license, fur taker permit, special deer permit, special
wild turkey permit, and wetlands habitat stamp issued to that
person under this chapter. No fee paid for such a license,
permit, or stamp shall be returned to the person.
Upon revoking a license, permit, or stamp, or a combination
thereof, under this division, the chief immediately shall send a
notice of that action by certified mail to the last known
address
of the person. The notice shall state the action taken, order
the person to surrender the revoked license, permit, or stamp, or
combination thereof, and state that the department of natural
resources will not afford a hearing as required under section
119.06 of the Revised Code.
(D) If, after receiving a notice under division (C) of
this section, the person decides to petition for a review of the
revocation, the person shall file a petition for such a
review not later
than thirty days after receiving the notice in the municipal
court or the county court, or, if the person is under eighteen
years of age, the juvenile court, in whose jurisdiction the
violation occurred. The review shall be limited to the question
of the appropriateness of the period of revocation. The court
shall send a copy of the petition to the chief by certified mail
together with timely notice of the date, time, and place of a
hearing on the petition. The filing of a petition for a review
shall not stay the revocation during the pendency of the appeal.
(E) No person whose license, permit, or stamp, or a
combination thereof, has been revoked under this section shall
attempt to purchase, purchase, apply for, or receive any hunting
license, fur taker permit, special deer permit, special wild
turkey permit, or wetlands habitat stamp issued under this
chapter or engage in hunting during the time any such license,
permit, or stamp, or a combination thereof, is revoked.
Sec. 1533.42. Except as otherwise provided by division
rule, every licensee taking fish with commercial fishing gear,
except a trotline of seventy hooks or less, in any of the waters
mentioned in this chapter and Chapter 1531. and this chapter of the Revised Code or
division rule, shall keep accurate reports for each day's catch
upon forms provided, and in the manner prescribed, by the chief
of the division of wildlife.
Every commercial fishing licensee shall keep an accurate
record of each day's catch as prescribed upon a monthly report
form. The report shall include at least the number of pounds of each kind of
fish taken, the locality fished, the kind and amount of fishing gear lifted,
the number of fishing nights, the number of lifts, and any other
data the biologists employed by the division of wildlife require in following
the trend of the fisheries. The licensee shall
report each month, under oath when requested to do so, those data to the
chief.
The daily catch data shall be recorded accurately on the
respective date upon a report form approved by the chief no later
than twelve noon on the day following the day in which the fish
were taken. The monthly report and any other report required
pursuant to this section shall be submitted to the division
no later than the fifteenth day of the month following
the end of the calendar month in which the fish were taken.
A licensee shall contact the chief or the chief's designee when the licensee is in transit to the licensee's trap nets to lift, move, pull, remove, clean, or maintain the trap nets for any reason and also shall contact the chief or the chief's designee when returning to land with a daily catch of fish from a trap net indicating the licensee's estimated time of arrival at a specific port and any other information required by the chief. The licensee shall contact the chief or the chief's designee by using a cellular telephone, radio, or other communication device in a manner prescribed by the chief.
No person shall fail to comply with any report procedure
provided for in this section, other provisions of this section,
or division rule adopted pursuant thereto.
In addition to other penalties provided in the Revised
Code, the license of any person who is convicted of two
violations of this section that occurred within a
twelve-month period is suspended upon the second such conviction by
operation of law for a period of sixty fishing season days
immediately following that conviction.
In addition to other penalties provided in the Revised
Code, the license of any person who is convicted of three or more
violations of this section that occurred within a
twelve-month period is suspended upon the third or subsequent such conviction
by
operation of law for a period of eighteen fishing season months
immediately following that conviction.
During any period of suspension, no person shall use or
engage in fishing with commercial gear owned, used, or controlled
at the time of conviction by the licensee whose license has been suspended.
Sec. 1533.632. (A) As used in this section:
(1) "Aquaculture" means a form of agriculture that
involves the propagation and rearing of aquatic species in
controlled environments under private control, including, but not
limited to, for the purpose of sale for consumption as food.
(2) "Aquaculture species" means any aquatic species that
may be raised through aquaculture that is either a class A
aquaculture species or a class B aquaculture species.
(3) "Class A aquaculture species" includes all of the
following:
(a) Trout and salmon (Onchorhynchus sp., Salmo sp.,
Salvelinus sp.);
(b) Walleye (Stizostedion vitreum);
(c) Sauger (Stizostedion canadense);
(d) Bluegill (Lepomis machrochirus);
(e) Redear sunfish (Lepomis microlophus);
(f) Green sunfish (Lepomis cyanellus);
(g) White crappie (Pomoxis annularis);
(h) Black crappie (Pomoxis nigromaculatus);
(i) Blue catfish (Ictalurus furcatus);
(j) Any species added by rule under division (B) of this
section or listed as commercial fish under section 1531.01 of the
Revised Code except white perch (Morone americana) any species designated as such by the chief of the division of wildlife in rules adopted under division (B) of this section.
(4) "Class B aquaculture species" includes any species,
except for class A aquaculture species, designated as such by the
chief of the division of wildlife in rules adopted under division (B) of this section.
(5) "Aquaculture production facility" means a facility
used for aquaculture that has suitable infrastructure and equipment, as determined by the chief, and that is solely dedicated to the propagation and rearing of an aquaculture species.
(6) "Suitable infrastructure" includes ponds, raceways, and tanks.
(B) The chief, in accordance with Chapter 119. of the
Revised Code, shall adopt rules for the regulation of aquaculture
and may issue permits to persons wishing to engage in aquaculture
for the production of aquaculture species. Rules adopted under
this section shall ensure the protection and preservation of the
wildlife and natural resources of this state. The legal length
and weight limitations established under section 1533.63 of the
Revised Code do not apply to class A or class B aquaculture
species.
A permit may be issued upon application to any person who
satisfies the chief that the person has suitable equipment, of
which the person is the owner or lessee, to engage in
aquaculture for a
given aquaculture species or group of owns or leases an aquaculture species production facility. Each
permit shall be in such form as the chief prescribes. The
permits shall be classified as either class A or class B. A
class A permit shall be required for all class A aquaculture
species that are specified in this section or designated by rule
as a class A aquaculture species. Class B permits shall be
issued on a case-by-case basis. In determining whether to issue
a class B permit, the chief shall take into account the species
for which the class B permit is requested, the location of the
aquaculture production facility, and any other information
determined by the chief to be necessary to protect the wildlife
and natural resources of this state. The annual fee for a class
A permit shall be fifty dollars unless otherwise provided by rule
by the chief. The annual fee for a class B permit shall be set
by the chief at a level between one hundred and five hundred
dollars. In determining the fee to be charged for a class B
permit, the chief shall take into account the additional costs to
the division for the inspection of aquaculture facilities used to
raise a given class B aquaculture species.
The chief may revoke a permit upon a determination that the
person to whom the permit was issued has violated any rule
adopted under this section. The permit shall be reissued upon a
showing by the person that the person is in compliance with
the rules
adopted under this section. A holder of an aquaculture permit
may receive a permit issued under section 1533.301 or
1533.40 of the Revised Code without payment of the fee for that
permit if the conditions for the issuance of the permit have been
met.
(C) No person shall knowingly sell any aquatic species
under an aquaculture permit issued under this section that was
not raised in an aquaculture production facility. In addition to
any other penalties prescribed for violation of this division,
the chief may revoke the permit of any person convicted of a
violation of this division for any period of time the chief
considers necessary.
(D) No person who does not hold a current valid
aquaculture permit shall knowingly sell an aquaculture species
while claiming to possess an aquaculture permit.
Sec. 1533.68. If a person is convicted of a violation of
any law relative to the taking, possession, protection,
preservation, or propagation of wild animals, or a violation of
division (C) of section 2909.08 of the Revised Code while
hunting, or is convicted of a violation of any rule of the
division of wildlife, the court or magistrate before whom the
conviction is had, as an additional part of the penalty in
each case, shall may suspend or revoke each license or permit issued to the
person in accordance with any section of the Revised Code
pertaining to the hunting, fishing, trapping, breeding, and sale of
wild animals or the sale of their hides, skins, or pelts. No fee paid for
such a license or permit shall be returned to the
person.
No person having a license or permit suspended or revoked
as provided in this section, in the event of a hunting or
trapping violation, shall engage in hunting or trapping, in the event
of a violation of division (C) of section 2909.08 of the Revised
Code while hunting, shall engage in hunting, or in the event of a
fishing violation, shall engage in fishing, or purchase, apply for, or
receive any such license or permit for the following periods of time, as
applicable:
(A) Three years after the date of conviction if the person
is convicted of taking or possessing a deer in violation of
section 1531.02 of the Revised Code;
(B) Not more than three years after the date of conviction
if the person is convicted of taking or possessing any other wild
animal in violation of section 1531.02 of the Revised Code, is
convicted of a misdemeanor violation of division (C) of section
2909.08 of the Revised Code while hunting, or is convicted of a
second or subsequent violation of section 1533.17 of the Revised Code
within a period of
three consecutive years after the date of conviction of the immediately
preceding violation of that section;
(C) Not more than five years after the date of conviction
if the person is convicted of violating section 1533.171 or of
taking or possessing an eagle or osprey in violation of section
1533.07 of the Revised Code or is convicted of a felony
violation of division (C) of section 2909.08 of the Revised Code
while hunting;
(D) Not more than five years after the date of conviction if the
person is convicted of violating any section of this chapter or
Chapter 1531. of the Revised Code not specified in division (A),
(B), or (C) of this section.
All licenses and permits suspended or revoked as provided
in this section shall be taken up by the magistrate and sent to
the department of natural resources where they shall be filed
with a record of the arrest until the person who held the
suspended or revoked license or permit is lawfully entitled to
obtain another license or permit.
Sec. 1533.86. As used in sections
1533.86 to 1533.90 of the Revised Code:
(A) "Ginseng" means the plant Panax quinquefolius L., also
known as Panax quinquefolium L., commonly known as American
ginseng.
(B) "Wild ginseng" means ginseng that grows in an uncultivated state and in
its natural habitat whether the plant
occurs naturally from that habitat or was introduced or increased
in abundance by sowing ginseng seed or transplanting ginseng
plants from other areas and performing no other cultivation
practices.
(C) "Cultivated ginseng" means ginseng that grows or has
been grown in tilled beds under the shade of artificial
structures or natural shade and is cultivated according to
standard ginseng horticultural practices.
(D) "Harvest" means to cut, pick, dig, root up, gather, or
otherwise collect ginseng.
(E) "Person" includes any legal entity defined as a person
under section 1.59 6111.01 of the Revised Code and any political
subdivision, instrumentality, or agency of this state, another
state, or the United States.
(F) "Collector" means a person who harvests ginseng.
(G) "Grower" means a person who grows cultivated ginseng.
(H) "Dealer" means a person who buys or otherwise acquires
or conveys ginseng for resale.
(I) "Buy" includes trade or barter.
(J) "Sell" includes trade or barter.
Sec. 1533.882. No person shall do any of the
following:
(A) Without written authorization from the chief of the
division of wildlife, harvest wild
ginseng except during the harvesting season as established by rule
adopted pursuant to section
1533.88 of the
Revised Code;
(B) Without first obtaining written permission from the
person entitled to the ginseng, willfully destroy, injure, or
harvest ginseng that is the property of that person;
(C) Attempt to harvest ginseng in a manner that, if harvested, would constitute a violation of division (A) or (B) of this section;
(D) Ship or otherwise transport out of state ginseng that
has not been certified in accordance with rules adopted
pursuant to division (B) of section 1533.88 of
the Revised Code;
(D)(E) Except during the buying season as established by rule
adopted pursuant to section
1533.88 of the Revised Code, buy, otherwise acquire, or sell
uncertified ginseng;
(E)(F) Fail to keep records as established by rule adopted
pursuant to section 1533.88 of the Revised Code;
(F)(G) Possess ginseng from another state without a
certificate of legal taking issued by that state under its
ginseng management program;
(G)(H) Knowingly provide incorrect or false information on or
in any permit application, report, export certificate, or other
document required by rules adopted pursuant to section
1533.88 of the Revised Code;
(H)(I) Violate any provision of sections 1533.86 to
1533.90 of the Revised Code or rules adopted
pursuant to section 1533.88 of
the Revised Code.
Sec. 1533.99. (A) Whoever violates section 1533.17 of the
Revised Code is guilty of a misdemeanor of the third
degree on a first offense and a misdemeanor of the second degree on each
subsequent offense. In addition to any other sanction imposed under this
division,
on a second or subsequent offense occurring within a period of three
consecutive years after the date of conviction of the immediately preceding
violation of that section
any firearms or other hunting implements in the
possession or under the control of the offender at the time of
the violation are subject to seizure in accordance with section
1531.20 of the Revised Code. If the offender
persists in the offense after reasonable warning or request to
desist, the offender is guilty of a misdemeanor of the
second degree.
(B) Whoever violates section 1533.161, 1533.23, 1533.24,
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55,
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72, 1533.73,
1533.74, 1533.75, 1533.76, 1533.77, 1533.78, 1533.79, or 1533.80, division (F)
of section 1533.731, or division (B) or (C) of section
1533.97 of the
Revised Code is guilty of a misdemeanor of the third degree.
(C) Whoever violates division (B) of section 1533.03,
section 1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35,
1533.42, 1533.51, 1533.63, 1533.64, 1533.67, 1533.68, 1533.721,
1533.881, or 1533.882, division (B)(2) or (3) of
section 1533.731, or
division (A) of section 1533.97 of the Revised Code is guilty of
a misdemeanor of the first degree.
(D) Whoever violates division (D) of section 1533.97 of
the Revised Code is guilty of a misdemeanor of the fourth degree.
The court shall require any person who is convicted of or pleads
guilty to the offense to refund to all participants in the
fishing tournament operated by the person any entry fees paid by
the participants.
(E) Whoever violates division (C) or (D) of section 1533.632 of the Revised
Code is guilty of a felony of the fifth degree.
(F) Whoever violates any section of this chapter for which
no penalty is otherwise provided is guilty of a misdemeanor of
the fourth degree.
(G) A court that imposes sentence for a violation of any
section of this chapter governing the holding, taking, or
possession of wild animals shall require the person who is
convicted of or pleads guilty to the offense, in addition to any
fine, term of imprisonment, seizure, and forfeiture imposed, to
make restitution for the minimum value of the wild animal or
animals illegally held, taken, or possessed as established under
section 1531.201 of the Revised Code. An officer who collects
moneys paid as restitution under this section shall pay those
moneys to the treasurer of state who shall deposit them in the
state treasury to the credit of the wildlife fund established
under section 1531.17 of the Revised Code.
Sec. 1541.03. All lands and waters dedicated and set apart
for state park purposes shall be under the control and management
of the division of parks and recreation, which shall protect,
maintain, and keep them in repair. The division shall have the
following powers over all such lands and waters:
(A) To make alterations and improvements;
(B) To construct and maintain dikes, wharves, landings,
docks, dams, and other works;
(C) To construct and maintain roads and drives in,
around, upon, and to the lands and waters
to make them conveniently accessible and useful to the public;
(D) Except as otherwise provided in this section, to adopt, amend, and rescind,
in accordance with Chapter
119. of the Revised Code, rules necessary for the proper management
of state parks, bodies of water, and the lands adjacent to
them under its jurisdiction and control, including the following:
(1) Governing opening and closing times and dates of the
parks;
(2) Establishing fees and charges for use of facilities in state parks;
(3) Governing camps, camping, and fees for camps and
camping;
(4) Governing the application for and rental of,
rental fees for, and the use of cabins cottages;
(5) Relating to public use of state park lands, and
governing the operation of motor vehicles, including speeds, and
parking on those lands;
(6) Governing all advertising within
state parks and the requirements for the operation of places selling
tangible personal property and control of food service sales on
lands and waters under the control of the division, which rules
shall establish uniform requirements;
(7) Providing uniform standards relating to the size, type,
location, construction, and maintenance of structures and devices
used for fishing or moorage of watercraft, rowboats, sailboats,
and powercraft, as those terms are defined in section 1547.01 of
the Revised Code, over waters under the control of the division
and establishing reasonable fees for the construction of and annual
use permits for those structures and devices;
(8) Governing state beaches, swimming, inflatable devices,
and fees for them;
(9) Governing the removal and disposition of any watercraft,
rowboat, sailboat, or powercraft, as those terms are defined in
section 1547.01 of the Revised Code, left unattended for more
than seven days on any lands or waters under the control of the
division;
(10) Governing the establishment and collection of check collection
charges for checks that are returned to the division or dishonored for any
reason.
The division shall adopt rules under this section establishing a discount program for all persons who are issued a golden buckeye card under section 173.06 of the Revised Code. The discount program shall provide a discount for all park services and rentals, but shall not provide a discount for the purchase of merchandise.
The division shall not adopt rules establishing fees or charges for parking a motor vehicle in a state park or for admission to a state park.
Every resident of this state with a disability that has
been determined by the veterans administration to be permanently
and totally disabling, who receives a pension or compensation
from the veterans administration, and who received an honorable
discharge from the armed forces of the United States, and every
veteran to whom the registrar of motor vehicles has issued a set
of license plates under section 4503.41 of the
Revised Code, shall be exempt from the fees for camping, provided that
the resident or veteran carries in the state park such evidence of
the resident's or veteran's disability as the chief of the division of
parks and recreation prescribes by rule.
Unless otherwise provided by division rule, every resident of this state who is sixty-five years of age
or older or who is permanently and totally disabled and who
furnishes evidence of that age or disability in a manner
prescribed by division rule shall be charged one-half of the
regular fee for camping, except on the weekends and
holidays designated by the division, and
shall
not be charged more than ninety per cent of the regular charges for
state recreational facilities, equipment, services, and food service
operations utilized by the person at any time of year,
whether maintained or operated by the state or leased for operation by another
entity.
As used in this section, "food service operations" means
restaurants that are owned by the department of natural
resources at Hocking Hills, Lake Hope, Malabar Farm, and Rocky
Fork state parks or are part of a state park lodge.
"Food service operations" does not include automatic
vending machines, concession stands, or snack bars.
As used in this section, "prisoner of war" means any
regularly appointed, enrolled, enlisted, or inducted member of
the military forces of the United States who was captured,
separated, and incarcerated by an enemy of the United States.
Any person who has been a prisoner of war, was honorably
discharged from the military forces, and is a resident of this
state is exempt from the fees for camping. To claim this
exemption, the person shall present written evidence in the form
of a record of separation, a letter from one of the military
forces of the United States, or such other evidence as the chief
prescribes by rule that satisfies the eligibility criteria
established by this section.
Sec. 1541.05. (A) The chief of the division of parks and
recreation, with the approval of the director of natural
resources, may dispose of any of the following by sale, donation, trade,
trade-in, recycling, or any other lawful means, in a manner that will benefit
the division:
(1) Standing timber that as a result of wind, storm, pestilence, or any other natural
occurrence may present a hazard to life or property, or timber that has weakened or fallen
on lands under the
control and management of the division, or any timber that requires management to improve wildlife habitat, protect against wildfires, provide access to recreational facilities, or improve the safety, quality, or appearance of any state park area;
(2) Spoils of a dredging operation conducted by the
division in waters under the control and management of the
division. Prior to the disposition of any spoils under this
division, the chief shall notify the director of environmental
protection of his the chief's intent so that the director may
determine if the spoils
constitute solid wastes or
hazardous waste, as those terms are defined in section 3734.01 of
the Revised Code, that shall must be disposed of in accordance with
Chapter 3734. of the Revised Code. If the director does not notify the chief
within thirty
days after receiving notice of the disposition that the spoils
shall must be disposed of in accordance with Chapter 3734. of the
Revised Code, the chief may proceed with the disposition.
(3) Notwithstanding sections 125.12 to 125.14 of the Revised Code, excess
supplies and surplus supplies, as those terms are defined in section 125.12 of
the Revised Code;
(4) Agricultural products that are grown or raised by the division. As used
in this division, "agricultural products" includes products of apiculture,
animal husbandry, or poultry husbandry, field crops, fruits, and vegetables.
(5) Abandoned personal property, including golf balls that are found on
property
under the control and management of the division.
(B) In accordance with Chapter 119. of the Revised Code, the chief shall
adopt, and may amend and rescind, such rules as are necessary to administer
this section.
(C) Proceeds from the disposition of items under this section shall be
deposited in the state
treasury to the credit of the state park fund created in section
1541.22 of the Revised Code.
Sec. 1541.40. There is hereby created in the division of
parks and recreation an Ohio parks and recreation council, which
shall consist of seven members to be appointed by the governor
with the advice and consent of the senate. By reason of his
vocation, employment, or affiliation one of such the members shall be
classed as a representative of municipal parks, one as a
representative of metropolitan park districts, one as a
representative of conservancy districts, one as a representative
of soil conservation districts or of soil and water conservation
districts, one as a representative of private recreational
facilities, and two as representatives of the public.
Terms of office shall be for two three years, commencing on the
first day of February and ending on the thirty-first day of
January, except that upon expiration of the terms ending on
February 3, 1973, the new terms which succeed them shall commence
on February 4, 1974 and end on January 31, 1976, and upon
expiration of the terms ending on February 2, 1975, the new terms
which succeed them shall commence on February 3, 1975 and end on
January 31, 1977. Each member shall hold office from the date of
his appointment until the end of the term for which he the member was
appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his the member's
predecessor was
appointed shall hold office for the remainder of such that term. Any
member shall continue in office subsequent to the expiration date
of his the member's term until his the member's
successor takes office, or until a period
of sixty days has elapsed, whichever occurs first.
The council shall annually select from among its members a
chairman chairperson and a vice-chairman
vice-chairperson.
Members of the council shall receive no compensation, but
shall be reimbursed for their actual and necessary expenses
incurred in the performance of their official duties as members
of the council.
The council shall hold at least one regular meeting in each
quarter of each calendar year, and shall keep a record of its
proceedings, which shall be open to the public for inspection.
Special meetings may be called by the chairman chairperson, and
shall be
called by him the chairperson upon receipt of a written request
therefor signed
by two or more members of the council. A written notice of the
time and place of each meeting shall be sent to each member of
the council. A majority of the members of the council shall
constitute a quorum.
The chief of the division of parks and recreation shall act
as secretary of the council. Technical, legal, and other
services required by the council in the performance of its
official duties shall be furnished by the personnel of the
division of parks and recreation.
The governor may remove any member of the council at any
time for inefficiency, neglect of duty, or malfeasance in office.
Sec. 1547.05. No person born on or after
January 1, 1982, shall operate on
the waters in this state a powercraft powered by more than ten
horsepower, unless the operator successfully has completed
either a safe boater course approved by the national association
of state boating law administrators or a proctored or nonproctored proficiency
examination
that tests knowledge of information included in the curriculum
of such a course, and has received a certificate as evidence of
successful completion of the course or examination.
No person shall permit a powercraft to be operated on the waters in this state in violation of this section.
Sec. 1547.08. (A) No person shall operate a vessel within
or through a designated bathing area or within or through any
area
that has been buoyed off designating it as an area in which
vessels are prohibited.
(B)(1) No person shall operate a vessel at greater than idle
speed or at a speed that creates a wake
under any of the
following
circumstances:
(a) Within three hundred feet
of any marina, boat docking
facility, boat gasoline dock, launch
ramp, recreational boat
harbor, or harbor entrance
on Lake Erie or on the Ohio
river;
(b) During the period
from sunset to sunrise according to
local time within any
water between the Dan Beard bridge and the
Brent Spence bridge on the
Ohio river for any vessel not
documented by the United States coast guard as
commercial;
(c) Within any area buoyed or marked as a no wake area
on
the waters in this state.
(2) Division (B)(1) of this section does not
apply in
either
of the following places:
(a)
An area designated by
the chief of the
division of
watercraft unless it is marked by a
buoy or sign as a
no wake or
idle speed area;
(b) Within any water between the Dan Beard
bridge and the
Brent Spence bridge on the Ohio
river when the United States coast
guard has authorized the
holding of a special event of a community
nature on that water.
(C) No person shall operate a vessel in any area of
restricted or controlled operation in violation of the designated
restriction.
(D) No person shall operate a vessel within three hundred
feet of an official diver's flag unless the person is
tendering
the diving operation.
(E) All areas of restricted or controlled operation as
described in division (A) of this section or as provided for in
section 1547.14 or 1547.61 of the Revised Code shall be marked by
a buoy or sign designating the restriction. All waters
surrounded
by or lying between such a buoy or sign and the
closest shoreline
are thereby designated as an area in which the
designated
restrictions shall apply in the operation of any
vessel.
Markings on buoys designating areas of restricted or
controlled operation shall be so spaced as to show all around the
horizon. Lineal spacing between the buoys shall be such that
under normal conditions of visibility any buoy shall be readily
visible from the next adjacent buoy. No colors or symbols,
except
as provided for in rules of the chief, shall be used on
buoys or
signs for marking closed or
controlled areas of boating waters.
Any state department, conservancy district, or political
subdivision having jurisdiction and control of impounded boating
waters may place such buoys or signs on its waters. Any
political
subdivision may apply to the chief for permission to
place such
buoys or signs on
other waters within its territorial limits. No
person shall
place or cause to
be placed a regulatory buoy or sign
on, into, or along the waters
in this
state unless the person has
complied with all the provisions of
this chapter.
(F) No person shall enter, operate a vessel that enters, or allow a vessel to enter a federally declared security zone as defined in 33 C.F.R. Chapter I, subparts 6.01-1, 6.01-2, 6.01-3, 6.01-4, 6.01-5, 6.04-1, 6.04-5, 6.04-6, 6.04-7, and 6.04-8.
(G) No person shall permit any vessel to be operated on the
waters in this state in violation of this section.
Sec. 1547.51. There is hereby created within the department of natural
resources the division of watercraft. The division shall administer and
enforce all laws relative to the identification, numbering, registration,
titling, use, and operation of vessels operated on the waters in this state and, with the approval of the director of natural resources, educate and inform the citizens of the state about, and promote, conservation, navigation, safety practices, and the benefits of recreational boating.
Sec. 1547.54. (A)(1)
Except as otherwise provided in
section 1547.542 of the Revised Code, the owner of every
watercraft requiring
registration under this chapter shall file an
application for a
triennial registration certificate with the
chief of the division of
watercraft on forms that shall be
provided by the chief or by an electronic
means approved by the
chief. The
application shall be signed by the following:
(a) If the watercraft is owned by two persons under joint
ownership with
right of survivorship established under section
2131.12 of the Revised Code,
by both of those persons as owners of
the watercraft. The
signatures may be done by electronic
signature if the owners themselves are
renewing the registration
and there are no changes in the registration
information since the
issuance of the immediately preceding registration
certificate.
In
all other instances, the signatures
shall be done
manually.
(b) If the watercraft is owned by a minor, by the minor and
a parent or legal
guardian. The signatures may be done by
electronic
signature if the parent or legal guardian and the minor
themselves are
renewing the registration and there are no changes
in the registration
information since the issuance of the
immediately preceding registration
certificate. In all other
instances, the signatures
shall be done manually.
(c) In all other cases, by the owner of the watercraft. The
signature may be done by electronic signature if the owner
is
renewing the registration
personally and there are no
changes in
the registration
information since the issuance of the
immediately
preceding registration
certificate. In all other
instances, the
signatures
shall be done manually.
(2) An application for a triennial registration of a
watercraft filed
under division
(A)(1) of this section shall be
accompanied by the following
fee:
(a) For canoes,
rowboats, and inflatable watercraft
that
are numbered under section 1547.53 of the Revised Code,
twelve
dollars;
(b)
For canoes, row boats, and inflatable watercraft that are
not numbered under section 1547.53 of the Revised Code, seventeen
dollars;
(c) For class A watercraft, including motorized canoes,
thirty
dollars;
(d) For class 1 watercraft, forty-five dollars;
(e) For class 2 watercraft, sixty dollars;
(f) For class 3 watercraft, seventy-five dollars;
(g) For class 4 watercraft, ninety dollars.
(3) For the purpose of registration, any watercraft operated
by
means of power, sail, or any other mechanical or electrical
means
of propulsion, except motorized canoes, shall be
registered
by length as prescribed in this
section.
(4) If an application for registration is filed by two
persons
as owners
under division (A)(1)(a) of this section, the
person who is
listed first on
the title shall serve as and perform
the duties of the "owner"
and shall be
considered the person "in
whose name the watercraft is
registered" for
purposes of divisions
(B) to (Q) of this section and for
purposes
of all other
sections
in this chapter.
(B) All registration certificates
issued under this section
are valid for three years and are
renewable on a
triennial basis
unless sooner terminated or discontinued in
accordance with this
chapter. The renewal date shall be printed
on the registration
certificate. A registration certificate may
be renewed by the
owner in the manner prescribed by the chief. All fees shall
be
charged according to a proration of the time
remaining in the
registration cycle to the nearest year.
(C) In addition to the fees set forth in this section, the
chief, or any authorized agent, shall charge an additional fee of
three dollars for any registration certificate
the chief or
authorized agent issues.
When the registration
certificate is
issued by an authorized
agent, the additional fee of three dollars
shall be retained by the issuing
agent. When the registration
certificate is issued by the chief, the additional fee of three
dollars shall be deposited to the credit of the waterways safety
fund established in section 1547.75 of the Revised Code.
(D)(1) Upon receipt of the application in approved form, the
chief shall enter the same upon the records of the office of the
division of watercraft, assign a number to the watercraft if a number is
required under section 1547.53 of the Revised Code, and issue to
the applicant a registration certificate. If a number is
assigned
by the chief, it shall be set forth on the certificate.
The
registration certificate shall be on the watercraft for which
it
is issued and available at all times for inspection whenever
the
watercraft is in operation, except that livery operators may
retain the registration certificate at the livery where it shall
remain available for inspection at all times
and except as
otherwise provided in division (D)(2) of this section.
(2) A person who is operating on the waters of this state a
canoe, rowboat, or inflatable watercraft that has not been
numbered under section 1547.53 of the Revised Code and who is
stopped by a law enforcement officer in the enforcement of this
chapter or rules adopted under it shall present to the officer,
not later than seventy-two hours after being stopped, a
registration certificate. The registration certificate shall have
been obtained under this section for the canoe, rowboat, or
inflatable watercraft prior to the time that it was stopped.
Failure of the person to present the registration certificate
within seventy-two hours constitutes prima-facie evidence of a
violation of this section.
(E) No person shall issue or be issued a registration
certificate for a watercraft that
is required to be issued a
certificate of title under Chapter 1548.
of the Revised Code
except upon presentation of a certificate of title for the
watercraft as provided in that
chapter,
proof of current
documentation by the United States coast guard,
a renewal
registration form provided by the division of
watercraft, or a
certificate of registration issued under this
section that has
expired if there is no change in the ownership or description
of
the watercraft.
(F) Whenever the ownership of a watercraft changes, a new
application form together with the prescribed fee shall be filed
with the chief or the chief's agent and a new
registration
certificate
shall be issued. The application shall be signed
manually by the
person or persons
specified in division divisions (A)(1)(a)
to (c) of this section and shall be
accompanied by a
two-dollar
transfer fee. Any remaining time on the registration
shall be
transferred. An authorized agent of the chief shall
charge an
additional fee of three dollars, which shall be
retained by the
issuing agent. If the certificate is issued
by the chief, an
additional fee of three dollars for each
certificate issued shall
be collected.
(G) If an agency of the United States has in force an
overall system of identification numbering for watercraft or
certain types of watercraft within the United States, the
numbering system employed by the division shall be in conformity
with that system.
(H)(1) The chief may assign any registration certificates to
any authorized agent for the assignment of the registration certificates. If a person
accepts that authorization, the person may be assigned a
block of
numbers
and certificates that upon assignment, in
conformity
with this chapter and Chapter 1548. of the Revised Code
and with
rules of the division, shall be valid as if assigned
directly by the division. Any person so designated as an agent
by
the chief shall post with the division security as may be
required
by the director of natural resources. The chief may
issue an
order temporarily or permanently restricting or
suspending an
agent's authorization without a hearing if the
chief finds
that
the agent has violated this chapter or Chapter 1548. of the
Revised Code, rules adopted under them, or any agreements
prescribed
by the chief.
(2) A clerk of the court of common pleas may apply for designation as an authorized agent of the chief. The division shall accept the clerk's bond that is required under section 2303.02 of the Revised Code for any security that is required for agents under this division, provided that the bond includes a rider or other provision specifically covering the clerk's duties as an authorized agent of the chief.
(I) All records of the division made or kept pursuant to
this section shall be public records. Those records shall be
available for inspection at reasonable hours and in a manner
compatible with normal operations of the division.
(J) The owner shall furnish the division notice within
fifteen days of the following:
(1) The transfer, other than through the creation of a
security interest in
any watercraft, of all or any part of the
owner's interest
or, if the watercraft is
owned by two persons
under joint ownership with right of survivorship
established under
section 2131.12 of the Revised Code, of all or any part of
the
joint interest of either of the two persons. The transfer shall
not
terminate the registration certificate.
(2) Any change in the address appearing on the
certificate
and, as. As a part of the notification, the owner
shall furnish
the chief with
the owner's new address;.
(3) The destruction or abandonment of the watercraft.
(K) The chief may issue duplicate registration
certificates
or duplicate tags to owners of currently registered
watercraft,
the fee for which shall be four dollars.
(L) If the chief finds that a registration certificate
previously issued to an owner is in error to a degree that would
impair its basic purpose and use, the chief may issue a
corrected
certificate to the owner without charge.
(M) No authorized agent shall issue and no person shall
receive or accept from an authorized agent a registration
certificate assigned to the authorized agent under division (H)
of
this section unless the exact month, day, and year of issue
are
plainly written on the certificate by the agent. Certificates issued
with
incorrect dates of issue are void from the time they are
issued.
(N) The chief, in accordance with Chapter 119. of the
Revised Code,
shall adopt
rules governing the renewal of
watercraft registrations by electronic means.
(O) As used in this section:
(1) "Disabled veteran" means a person who is
included in
either
of the following categories:
(a) Because of a service-connected disability, has been or
is awarded funds for the purchase of a motor vehicle under the
"Disabled Veterans' and Servicemen's Automobile Assistance Act of
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;
(b) Has a service-connected disability rated at one
hundred
per cent by the veterans administration.
(2) "Prisoner of war" means any regularly appointed,
enrolled, enlisted, or inducted member of the military forces of
the United States who was captured, separated, and incarcerated
by
an enemy of the United States at any time, and any regularly
appointed, enrolled, or enlisted member of the military forces of
Great Britain, France,
Australia, Belgium, Brazil, Canada, China,
Denmark, Greece, the
Netherlands, New Zealand, Norway, Poland,
South Africa, or the republics
formerly associated with the Union
of Soviet
Socialist Republics or
Yugoslavia who was a citizen of
the United States at the time of
the appointment, enrollment, or
enlistment, and was captured,
separated, and incarcerated by an
enemy of this country during
World War II.
(P) Any disabled veteran, congressional medal of honor
awardee, or prisoner of war may apply to the chief for a
certificate of registration, or for a renewal of the
certificate
of
registration, without the payment of any fee required by
this
section.
The application for a certificate of registration shall
be accompanied
by evidence of disability or by documentary
evidence
in
support of a congressional medal of honor that the
chief
requires
by rule. The application for a certificate of
registration by any
person who has been a prisoner of war shall be
accompanied by
written evidence in the form of a record of
separation, a letter
from one of the armed forces of a country
listed in division
(O)(2) of this section, or other evidence that
the chief
may
require by rule, that the person was honorably
discharged or is
currently residing in this state on active duty
with
one of the
branches of the armed forces of the United States,
or was a
prisoner of war and was honorably discharged or received
an
equivalent discharge or release from one of the armed forces of
a
country listed in division (O)(2) of this section.
(Q) Annually by the fifteenth day of January, the director
of natural resources shall determine the amount of fees that
would
have been collected in the prior calendar year for each
certificate of registration issued or renewed pursuant to
division
(P)
of this section and shall certify the total amount of foregone
revenue
to the director of budget and management for
reimbursement. The
director of budget and management shall
transfer the
amount certified from the general revenue fund to the
waterways
safety fund created pursuant to section 1547.75 of the
Revised
Code.
Sec. 1547.541. The owner of a wooden watercraft that is
more than twenty-five years old, is essentially as originally
constructed, and is owned primarily as a collector's item and for
participation in club activities, exhibitions, tours, parades,
and similar uses, but is not used for general recreation may
apply to the chief of the division of watercraft for an historic
watercraft identification plate. The chief, by rule, may
establish additional criteria for the registration of historic
watercraft that the chief considers necessary.
The chief shall prescribe the form of application and shall
issue an historic watercraft identification plate, which shall be
securely affixed to the watercraft. The plate shall bear no date,
but shall bear the inscription "historic watercraft." A registration
number assigned by the chief shall be
shown on the
plate. The plate is valid without renewal as long as the
watercraft exists and ownership does not change. The fee for the
plate is twenty-five dollars.
Whenever the ownership of an historic watercraft changes,
an application for transfer of registration, together with a fee
of ten dollars, shall be filed with the division of watercraft,
and a new certificate of registration shall be issued.
The historic watercraft identification plate shall be
shown on the watercraft in the same manner as
a
number required under sections 1547.53 and 1547.57 of the Revised Code.
If the watercraft is to be used for general recreation, it
also shall be registered as required by section 1547.54 of the
Revised Code.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the
Revised Code is guilty of a felony of the fourth degree.
(B) Whoever violates division (F) of section 1547.08, section 1547.10, division (I) of
section 1547.111, section 1547.13, or section 1547.66 of the
Revised Code is guilty of a misdemeanor of the first degree.
(C) Whoever violates a provision of this chapter or a rule
adopted thereunder, for which no penalty is otherwise provided,
is
guilty of a minor misdemeanor.
(D) Whoever violates section 1547.07 or 1547.12 of the
Revised Code without causing injury to persons or damage to
property is guilty of a misdemeanor of the fourth degree.
(E) Whoever violates section 1547.07 or 1547.12 of the
Revised Code causing injury to persons or damage to property is
guilty of a misdemeanor of the third degree.
(F) Whoever violates division (M) of section 1547.54,
division (G) of section 1547.30, or section 1547.131, 1547.25,
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92
of the
Revised Code or a rule adopted under division (A)(2) of
section
1547.52 of the Revised Code is guilty of a misdemeanor of
the
fourth degree.
(G) Whoever violates section 1547.11 of the Revised Code
is
guilty of a misdemeanor of the first degree and shall be
punished
as provided in division (G)(1), (2), or (3) of this
section.
(1) Except as otherwise provided in division (G)(2) or (3)
of this
section, the
court shall sentence the offender to a
jail
term
of
three consecutive days and may sentence
the
offender pursuant to
section
2929.24 of the Revised
Code to a
longer
jail term. In addition, the
court shall impose
upon the
offender a fine of not less than one
hundred fifty nor
more than
one thousand dollars.
The court may suspend the execution of the mandatory
jail
term of three
consecutive days
that it is required
to impose by
division (G)(1) of this section if the court, in
lieu
of the
suspended
jail term, places the offender
under a community control sanction pursuant to section
2929.25 of the Revised Code
and requires the
offender to attend,
for three consecutive days, a
drivers'
intervention program that
is certified pursuant to
section
3793.10 of the Revised Code. The
court also may suspend
the
execution of any part of the mandatory
jail term of three consecutive days
that it is
required to impose by division
(G)(1)
of this section if
the court
places the offender
under a community control
sanction pursuant to section 2929.25 of the Revised Code for
part
of the three
consecutive days; requires the offender to
attend,
for that part
of the three consecutive days, a drivers'
intervention program
that is certified pursuant to section 3793.10
of the Revised
Code; and sentences the offender to a
jail term
equal
to the remainder of the three consecutive days
that the offender
does not spend attending the drivers'
intervention program. The
court may require the offender, as a
condition of
community control, to
attend and
satisfactorily complete any
treatment or education
programs, in
addition to the required
attendance at a drivers'
intervention
program, that the operators
of the drivers'
intervention program
determine that the offender
should attend
and to report
periodically to the court on the
offender's progress
in the
programs. The court also may impose
any other conditions of
community control on the offender that it
considers
necessary.
(2) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to one violation of
section
1547.11 of the Revised Code, of a municipal ordinance
relating to
operating a watercraft or manipulating any water skis,
aquaplane,
or similar device while under the influence of alcohol,
a drug of
abuse, or
a combination of
them, of a municipal ordinance
relating to operating a watercraft
or manipulating any water
skis,
aquaplane, or similar device with
a prohibited
concentration of
alcohol, a controlled substance, or a metabolite of a controlled substance in the
whole blood,
blood
serum or plasma, breath, or
urine, of division
(A)(1) of
section
2903.06 of the Revised Code,
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as
they existed prior to March 23,
2000, in a case in which
the jury
or judge found that the offender
was under the influence
of
alcohol, a drug of abuse, or
a combination of them, the
court
shall
sentence the offender to a
jail term
of
ten
consecutive
days and may sentence the offender pursuant to
section
2929.24 of
the Revised Code to a longer
jail term. In
addition,
the court shall impose upon the
offender a fine of not
less than
one hundred fifty nor more than
one thousand dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code.
(3) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to more than one violation
identified in
division (G)(2) of this section,
the court shall
sentence the offender to a
jail term
of thirty
consecutive days and may sentence the
offender to a longer
jail
term
of not more than one
year. In addition, the
court
shall impose upon the offender a
fine of not less than one
hundred
fifty nor more than one
thousand dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code.
(4) Upon a showing that
serving a jail term
would seriously
affect
the ability of an offender sentenced
pursuant to division
(G)(1),
(2), or (3) of this section to
continue the offender's
employment,
the court may authorize that
the offender be granted work release
after the
offender has served the
mandatory jail term of three, ten,
or
thirty consecutive days
that the court is
required
by division (G)(1), (2), or (3) of this section to
impose. No
court shall authorize work release
during the
mandatory jail term of
three, ten, or thirty consecutive days
that the
court is required by division (G)(1), (2),
or (3) of
this section
to impose. The duration of the work
release shall
not exceed the
time necessary each day for the
offender to
commute to and from
the place of employment and the
place
in which the jail term is served and the
time
actually spent under employment.
(5) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence or the placement of an offender in any treatment program
in lieu of
being imprisoned or serving a jail term,
no court shall suspend the
mandatory jail term of ten or thirty
consecutive days
required to be imposed by
division (G)(2) or (3) of this section or place an offender who
is
sentenced pursuant to division (G)(2) or (3) of this section
in
any treatment program in lieu of
being imprisoned or
serving a jail term until after the
offender has served the
mandatory jail term of ten or thirty consecutive days
required to be imposed pursuant to division (G)(2)
or
(3) of this section. Notwithstanding any section of the
Revised
Code that authorizes the suspension of the imposition or
execution
of a sentence or the placement of an offender in any
treatment
program in lieu of
being imprisoned or serving a jail
term, no court, except as
specifically
authorized by division
(G)(1) of this section, shall
suspend the
mandatory jail term of
three consecutive days
required to be
imposed by
division (G)(1) of this section or place an offender
who is
sentenced pursuant to division (G)(1) of this section in
any
treatment program in lieu of imprisonment until after the
offender
has served the
mandatory jail term of three consecutive days
required to
be imposed pursuant to division (G)(1) of
this
section.
(6) As used in division (G) of this section, "jail term" and
"mandatory jail term" have the same meanings as in section 2929.01
of the Revised Code.
(H) Whoever violates section 1547.304 of the Revised Code
is
guilty of a misdemeanor of the fourth degree and also shall be
assessed any costs incurred by the state or a county, township,
municipal corporation, or other political subdivision in
disposing
of an abandoned junk vessel or outboard motor, less any
money
accruing to the state, county, township, municipal
corporation, or
other political subdivision from that
disposal.
(I) Whoever violates division (B) or (C) of section
1547.49
of the Revised Code is guilty of a minor misdemeanor.
(J) Whoever violates section 1547.31 of the Revised Code is
guilty of a
misdemeanor of the fourth degree on a first offense.
On each subsequent
offense, the person is guilty of a misdemeanor
of the third degree.
(K) Whoever violates section 1547.05 or 1547.051 of the
Revised Code is guilty
of a misdemeanor of the fourth degree if
the violation is not related to a
collision, injury to a person,
or damage to property and a misdemeanor of the
third degree if the
violation is related to a collision, injury to a person,
or damage
to property.
(L) The sentencing court, in addition to the penalty
provided
under this section for a violation of this chapter or a
rule adopted under it
that involves a powercraft powered by more
than ten horsepower and that, in
the opinion of the court,
involves a threat to the safety of persons or
property, shall
order the offender to complete successfully a boating course
approved by the national association of state boating law
administrators
before the offender is allowed to operate a
powercraft powered by more than
ten horsepower on the waters in
this state. Violation of a court order
entered under this
division is punishable as contempt under Chapter
2705. of the
Revised Code.
Sec. 1548.02. The chief of the division of watercraft shall
adopt such
rules as
the chief considers necessary to ensure
uniform and
orderly operation of this chapter, and the clerks of
the courts of common
pleas shall conform
to those rules.
The
chief shall
receive and file in
the chief's office all
information forwarded to
the
chief by the clerks under this
chapter and shall maintain indexes covering
the state at large
for
that information. These indexes shall be for the state
at
large
and not for individual counties.
The chief shall check with
the chief's record all
duplicate
certificates of title received in
the
chief's
office from
the
clerks.
If it appears that
any certificate of title has been
improperly
issued or is no longer required, the chief shall cancel the certificate. Upon
the cancellation of any
certificate of title, the chief shall
notify the clerk who issued it, and the
clerk shall enter the
cancellation in
the clerk's records.
The chief also shall
notify the person to whom the certificate of
title was issued, as
well as any lienholders appearing
on
it, of the
cancellation
and,
if it is a physical certificate of
title, shall
demand the
surrender of the certificate of title, but
the
cancellation
shall not affect the validity of any lien noted
on it. The
holder of
a physical certificate of title
shall return it to
the chief immediately.
The clerks shall keep on hand a sufficient supply of blank
forms that,
except
certificate of title and memorandum
certificate
forms, shall be furnished and
distributed without
charge to
registered manufacturers or dealers or to other
persons residing
within the county. The clerks shall provide the
certificates
of
title, the ribbons for data processing, and
removable backup media
from
moneys provided to the clerks from
the automated title
processing fund in
accordance with division
(B)(3)(b) of section
4505.09 of the Revised Code.
The clerks
shall furnish all other
supplies from other moneys available to
the
clerks.
Sec. 1548.031. (A) No minor under eighteen years of age
shall sell or otherwise dispose of a watercraft or outboard motor or purchase or
otherwise acquire a watercraft or outboard motor unless the application for a
certificate of title is accompanied by a form prescribed by the
chief of the division of watercraft and signed in the presence of a clerk or deputy clerk of a court of common pleas or any notary public by one of the minor's
parents, the minor's guardian, or another person having
custody of the
minor authorizing the sale, disposition, purchase, or acquisition
of the watercraft or outboard motor. At the time the adult signs the form, the adult shall provide identification
establishing that the adult is the individual whose
signature appears on
the form.
(B) No right, title, or claim to or interest in a watercraft or outboard motor shall be acquired by or from a minor unless the
application for a certificate of title is accompanied by the form
required by this section.
(C) No clerk of a court of common pleas shall be held
liable in any civil action that arises under the law of this
state for injury or loss to persons or property caused when a
person has obtained a certificate of title in violation of this
section unless the clerk failed to use reasonable diligence in
ascertaining the age of the minor or the identity of the adult
who signed the form authorizing the sale, disposition, purchase,
or acquisition of the watercraft or outboard motor by the minor.
Sec. 1548.032. (A)(1) If a person who is not an electronic
watercraft dealer owns a watercraft for which a physical
certificate of title
has not been issued by a clerk of a court of
common pleas and the person sells the watercraft to a watercraft dealer registered under section 1547.543 of the Revised Code, the person is not required to
obtain a physical certificate of title to the watercraft in
order to transfer ownership to the dealer. The person shall
present the dealer, in a manner approved by the chief of the division of watercraft,
with sufficient proof of the person's identity
and
complete and sign a form prescribed by the chief
attesting to
the person's identity and assigning the
watercraft to the
dealer. Except as otherwise provided in this section, the watercraft dealer shall present the assignment form to any clerk of a court of common pleas together with an application for a certificate of title and payment of the fees prescribed by section 1548.10 of the Revised Code.
In a case in which an electronic certificate of title has been issued and either the buyer or seller of the watercraft is an electronic watercraft dealer, the electronic watercraft dealer
instead may inform a
clerk of a court of common pleas via electronic means of
the sale
of
the watercraft and assignment of ownership of the watercraft. The clerk shall enter the information relating to
the
assignment into
the automated title processing system,
and
ownership
of the
watercraft passes to the applicant when the clerk
enters this
information into the
system. The dealer is not required to
obtain
a physical certificate of
title to the watercraft in the dealer's
name.
(2) A clerk shall charge and collect from a dealer a fee of
five
dollars for
each watercraft assignment sent by the dealer to the clerk under
division (A)(1) of this section. The fee shall
be distributed in
accordance with section
1548.10 of the Revised Code.
(B) If a person who is not an electronic watercraft
dealer
owns a watercraft for which a physical certificate of
title has
not been issued by a clerk of a court of common pleas
and the person sells the
watercraft to a person who is not a watercraft dealer registered under section 1547.543 of the Revised Code, the
person shall obtain a
physical certificate of title to the watercraft in order to
transfer ownership of the watercraft to
that person.
Sec. 1561.011. Nothing in this chapter applies to activities that are permitted and regulated under Chapter 1514. of the Revised Code.
Sec. 1563.01. Except for section 1563.11 of the Revised Code, nothing in this chapter applies to activities that are permitted and regulated under Chapter 1514. of the Revised Code.
Sec. 1565.01. Nothing in this chapter applies to activities that are permitted and regulated under Chapter 1514. of the Revised Code.
Sec. 1567.01. Nothing in this chapter applies to activities that are permitted and regulated under Chapter 1514. of the Revised Code.
Sec. 1567.35. No gasoline, naphtha, kerosene, fuel oil, or
gas engine shall
be used in a mine, except for operating pumping
machinery where electric,
compressed air, or steam power is not
available or cannot be transmitted to
the pump, in which case the
owner, lessee, or agent shall observe the
following:
(A) Notice shall be given to the chief of the division of
mineral resources
management, before installing, and
the
installation and operation shall be
subject to the chief's
approval.
(B) No wood or inflammable material shall be permitted
within twenty-five
feet of the engine.
(C) The supply tank from which the gasoline, naphtha,
kerosene, or fuel oil
is fed to the engine, shall be of metal,
with a suitable screw cap opening,
fitted with a gasket, so as to
make the tank airtight and prevent the escape
of gas into the
atmosphere, and the tank kept free from leaks.
(D) The gasoline, naphtha, kerosene, or fuel oil shall be
fed from a tank to
the carburetor or mixer by metal tubes securely
connected so as to reduce the
possibility of leaks to a minimum.
(E) The exhaust from the engine shall be conducted by means
of metal pipes
into the return air current, so that the combustion
fumes will not enter the
workings of the mine where the
worker's
workers
are required to
work, or be conducted in an
upcast shaft or slope
not used as a means of ingress or egress or through
metal pipes to
the surface.
(F) At no time shall more than five gallons of such
gasoline, naphtha,
kerosene, or fuel oil be taken into the mine,
including that in the supply
tank.
(G) No gasoline, naphtha, kerosene, or fuel oil shall be
taken into the mine
except in metallic cans, with a screw cap
opening at the top, fitted with a
suitable gasket.
(H) No package, can, or supply tank of an engine, containing
gasoline,
naphtha, kerosene, or fuel oil, shall be opened until
ready to make the
transfer from the package or can to the supply
tank, and in transferring, a
funnel shall be used so as to avoid
spilling the gasoline, naphtha, kerosene,
or fuel oil, and the cap
on the supply tank shall be immediately closed.
(I) In no case shall the package, can, or supply tank be
opened when an open
light or other thing containing fire is within
twenty-five feet of the same,
provided that subject to the
approval of the chief, the restrictions in the
use of fuel oil in
a mine shall not apply to mobile or portable machinery, if
such
the mobile or portable machinery is used in a clay, limestone, shale,
or any
other mine not a coal mine.
Nothing in this section shall be construed to prohibit or impede the use of diesel equipment in an underground coal mine, provided that the chief approves the use of the equipment in underground mines and the equipment satisfies requirements established in rules adopted by the chief under section 1513.02 of the Revised Code governing the use of diesel equipment in underground mines.
No owner, lessee, agent, or operator of a mine shall violate
this section.
Sec. 1571.011. Nothing in this chapter applies to activities that are permitted and regulated under Chapter 1514. of the Revised Code.
Sec. 2305.041. With respect to a lease or license by which a right is granted to operate or to sink or drill wells on land in this state for natural gas or petroleum and that is recorded in accordance with section 5301.09 of the Revised Code, an action alleging breach of any express or implied provision of the lease or license concerning the calculation or payment of royalties shall be brought within the time period that is specified in section 1302.98 of the Revised Code. An action alleging a breach with respect to any other issue that the lease or license involves shall be brought within the time period specified in section 2305.06 of the Revised Code.
Sec. 2923.35. (A)(1) With respect to property ordered
forfeited under section 2923.32 of the Revised Code, with respect
to any fine or civil penalty imposed in any criminal or civil
proceeding under section 2923.32 or 2923.34 of the Revised Code,
and with respect to any fine imposed for a violation of section
2923.01 of the Revised Code for conspiracy to violate section
2923.32 of the Revised Code, the court, upon petition of the
prosecuting attorney, may do any of the following:
(a) Authorize the prosecuting attorney to settle claims;
(b) Award compensation to persons who provide information
that results in a forfeiture, fine, or civil penalty under
section 2923.32 or 2923.34 of the Revised Code;
(c) Grant petitions for mitigation or remission of
forfeiture, fines, or civil penalties, or restore forfeited
property, imposed fines, or imposed civil penalties to persons
injured by the violation;
(d) Take any other action to protect the rights of
innocent persons that is in the interest of justice and that is
consistent with the purposes of sections 2923.31 to 2923.36 of
the Revised Code.
(2) The court shall maintain an accurate record of the
actions it takes under division (A)(1) of this section with
respect to the property ordered forfeited or the fine or civil
penalty. The record is a public record open for inspection under
section 149.43 of the Revised Code.
(B)(1) After the application of division (A) of this
section, any person who prevails in a civil action pursuant to
section 2923.34 of the Revised Code has a right to any property,
or the proceeds of any property, criminally forfeited to the
state pursuant to section 2923.32 of the Revised Code or against
which any fine under that section or civil penalty under division
(I) of section 2923.34 of the Revised Code may be imposed.
The right of any person who prevails in a civil action
pursuant to section 2923.34 of the Revised Code, other than a
prosecuting attorney performing official duties under that
section, to forfeited property, property against which fines and
civil penalties may be imposed, and the proceeds of that property
is superior to any right of the state, a municipal corporation,
or a county to the property or the proceeds of the property, if
the civil action is brought within one hundred eighty days after
the entry of a sentence of forfeiture or a fine pursuant to
section 2923.32 of the Revised Code or the entry of a civil
penalty pursuant to division (I) of section 2923.34 of the
Revised Code.
The right is limited to the total value of the treble
damages, civil penalties, attorney's fees, and costs awarded to
the prevailing party in an action pursuant to section 2923.34 of
the Revised Code, less any restitution received by the person.
(2) If the aggregate amount of claims of persons who have
prevailed in a civil action pursuant to section 2923.34 of the
Revised Code against any one defendant is greater than the total
value of the treble fines, civil penalties, and forfeited
property paid by the person against whom the actions were
brought, all of the persons who brought their actions within one
hundred eighty days after the entry of a sentence or disposition
of forfeiture or a fine pursuant to section 2923.32 of the
Revised Code or the entry of a civil penalty pursuant to division
(I) of section 2923.34 of the Revised Code, first shall receive a
pro rata share of the total amount of the fines, civil penalties,
and forfeited property. After the persons who brought their
actions within the specified one-hundred-eighty-day period have
satisfied their claims out of the fines, civil penalties, and
forfeited property, all other persons who prevailed in civil
actions pursuant to section 2923.34 of the Revised Code shall
receive a pro rata share of the total amount of the fines, civil
penalties, and forfeited property that remains in the custody of
the law enforcement agency or in the corrupt activity
investigation and prosecution fund.
(C)(1) Subject to divisions (A) and (B) of this section
and notwithstanding any contrary provision of section 2933.41 of
the Revised Code, the prosecuting attorney shall order the
disposal of property ordered forfeited in any proceeding under
sections 2923.32 and 2923.34 of the Revised Code as soon as
feasible, making due provisions for the rights of innocent
persons, by any of the following methods:
(a) Transfer to any person who prevails in a civil action
pursuant to section 2923.34 of the Revised Code, subject to the
limit set forth in division (B)(1) of this section;
(c) Transfer to a state governmental agency for official
use;
(d) Sale or transfer to an innocent person;
(e) If the property is contraband and is not needed for
evidence in any pending criminal or civil proceeding, pursuant to
section 2933.41 or any other applicable section of the Revised
Code.
(2) Any interest in personal or real property not disposed
of pursuant to this division and not exercisable by, or
transferable for value to, the state shall expire and shall not
revert to the person found guilty of or adjudicated a delinquent
child for a violation of section 2923.32 of the Revised Code. No
person found guilty of or adjudicated a delinquent child for a
violation of that section and no person acting in concert with a
person found guilty of or adjudicated a delinquent child for
a violation of that section is eligible to purchase forfeited property from
the
state.
(3) Upon application of a person, other than the
defendant, the adjudicated delinquent child, or a person acting
in concert with or on behalf of either the defendant or the
adjudicated delinquent child, the court may restrain or stay the
disposal of the property pursuant to this division pending the
conclusion of any appeal of the criminal case or delinquency case
giving rise to the forfeiture or pending the determination of the
validity of a claim to or interest in the property pursuant to
division (E) of section 2923.32 of the Revised Code, if the
applicant demonstrates that proceeding with the disposal of the
property will result in irreparable injury, harm, or loss to the
applicant.
(4) The prosecuting attorney shall maintain an accurate
record of each item of property disposed of pursuant to this
division, which record shall include the date on which each item
came into the prosecuting attorney's custody, the manner and date
of disposition, and,
if applicable, the name of the person who received the item. The
record shall not identify or enable the identification of the
individual officer who seized the property, and the record is a
public record open for inspection under section 149.43 of the
Revised Code.
Each prosecuting attorney who disposes in any calendar year
of any item of property pursuant to this division shall prepare a
report covering the calendar year that cumulates all of the
information contained in all of the records kept by the
prosecuting attorney pursuant to this division for that calendar
year and shall send the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code.
Not later than the fifteenth day of April in the calendar year
following the calendar year covered by the reports,
the attorney general shall send to the president of the senate and the
speaker of the house of representatives a written notification that does
all of the following:
(a) Indicates that the attorney general has received from
prosecuting attorneys
reports of the type described in this division that cover the previous
calendar year and indicates that the reports were received under this
division;
(b) Indicates that the reports
are open for inspection under section 149.43 of the
Revised Code;
(c) Indicates that the attorney general
will provide a copy of any or all of the reports to the
president of the senate or the speaker of the house of
representatives upon request.
(D)(1)(a) Ten per cent of the proceeds of all property ordered
forfeited by a juvenile court pursuant to section 2923.32 of the Revised Code
shall be applied to one or
more alcohol and drug addiction treatment programs that are certified by the
department of alcohol and drug addiction services under section 3793.06 of
the Revised Code and that are specified in the order of forfeiture. A
juvenile court shall not
specify an alcohol or drug addiction treatment program in the order of
forfeiture unless the program is a certified alcohol and drug addiction
treatment program and, except as provided in division
(D)(1)(a) of this section, unless the program
is located in the county in which the court that orders the forfeiture is
located or in a contiguous county. If no certified alcohol and drug addiction
treatment program is located in any of those counties, the juvenile court may
specify in the order a certified alcohol and drug addiction treatment program
located anywhere within this state. The remaining ninety per cent of the
proceeds shall be disposed of as provided in divisions
(D)(1)(b) and (D)(2) of this section.
All of the proceeds of all property ordered forfeited by a court other than
a juvenile court pursuant to section 2923.32 of the Revised Code shall be
disposed of as provided in divisions (D)(1)(b) and (D)(2) of this section.
(b) The remaining proceeds of all property ordered forfeited
pursuant to section 2923.32 of the Revised Code, after compliance
with division (D)(1)(a) of this section when that
division is applicable,
and all fines and
civil penalties imposed pursuant to sections 2923.32 and 2923.34
of the Revised Code shall be deposited into the state treasury
and credited to the corrupt activity investigation and
prosecution fund, which is hereby created.
(2) The proceeds, fines, and penalties credited to the
corrupt activity investigation and prosecution fund pursuant to
division (D)(1) of this section shall be disposed of in the
following order:
(a) To a civil plaintiff in an action brought within the
one-hundred-eighty-day time period specified in division (B)(1)
of this section, subject to the limit set forth in that division;
(b) To the payment of the fees and costs of the forfeiture
and sale, including expenses of seizure, maintenance, and custody
of the property pending its disposition, advertising, and court
costs;
(c) Except as otherwise provided in division (D)(2)(c) of
this section, the remainder shall be paid to the law enforcement
trust fund of the prosecuting attorney that is established
pursuant to division (D)(1)(c) of section 2933.43 of the Revised
Code and to the law enforcement trust fund of the county sheriff
that is established pursuant to that division if the county
sheriff substantially conducted the investigation, to the law
enforcement trust fund of a municipal corporation that is
established pursuant to that division if its police department
substantially conducted the investigation, to the law enforcement
trust fund of a township that is established pursuant to that
division if the investigation was substantially conducted by a
township police department, township police district police
force, or office of a township constable, or to the law
enforcement trust fund of a park district created pursuant to
section 511.18 or 1545.01 of the Revised Code that is established
pursuant to that division if the investigation was substantially
conducted by its park district police force or law enforcement
department. The prosecuting attorney may decline to accept any
of the remaining proceeds, fines, and penalties, and, if the
prosecuting attorney so declines, they shall be applied to the fund
described in division
(D)(2)(c) of this section that relates to the appropriate law
enforcement agency that substantially conducted the
investigation.
If the state highway patrol substantially conducted the
investigation, the director of budget and management shall
transfer the remaining proceeds, fines, and penalties to the
state highway patrol for deposit into the highway patrol state
contraband, forfeiture, and other fund that is created by
division (D)(1)(c) of section 2933.43 of the Revised Code. If the division of forestry, the division of natural areas and preserves, the division of wildlife, the division of parks and recreation, or the division of watercraft in the department of natural resources substantially conducted the investigation, the director of natural resources shall transfer the remaining proceeds to the applicable division for deposit, respectively, into the applicable fund created by division (D)(1)(c) of section 2933.43 of the Revised Code as follows: the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; or the division of watercraft law enforcement contraband, forfeiture, and other fund. If the department of taxation substantially conducted the investigation, the director shall transfer the remaining proceeds, fines, and penalties to the department for deposit into the department of taxation enforcement fund. If
the state board of pharmacy substantially conducted the
investigation, the director shall transfer the remaining
proceeds, fines, and penalties to the board for deposit into the
board of pharmacy drug law enforcement fund that is created by
division (B)(1) of section 4729.65 of the Revised Code. If a
state law enforcement agency, other than the state highway patrol, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, the department of taxation,
or the state board of pharmacy, substantially conducted the investigation, the
director shall transfer the remaining proceeds, fines, and
penalties to the treasurer of state for deposit into the peace
officer training commission fund.
The remaining proceeds, fines, and penalties that are paid
to a law enforcement trust fund or that are deposited into the
highway patrol state contraband, forfeiture, and other fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund; the department of taxation enforcement fund,; the
board of pharmacy drug law enforcement fund,; or the peace officer
training commission fund pursuant to division (D)(2)(c)
of this
section shall be allocated, used, and expended only in accordance
with division (D)(1)(c) of section 2933.43 of the Revised Code,
only in accordance with a written internal control policy adopted
under division (D)(3) of that section, and, if applicable, only
in accordance with division (B) of section 4729.65 of the Revised
Code. The annual reports that pertain to the funds and that are
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of
the Revised Code also shall address the remaining proceeds,
fines, and penalties that are paid or deposited into the funds
pursuant to division (D)(2)(c) of this section.
(3) If more than one law enforcement agency substantially
conducted the investigation, the court ordering the forfeiture
shall equitably divide the remaining proceeds, fines, and
penalties among the law enforcement agencies that substantially
conducted the investigation, in the manner described in division
(D)(2) of section 2933.43 of the Revised Code for the equitable
division of contraband proceeds and forfeited moneys. The
equitable shares of the proceeds, fines, and penalties so
determined by the court shall be paid or deposited into the
appropriate funds specified in division (D)(2)(c) of this
section.
(E) As used in this section, "law enforcement agency"
includes, but is not limited to, the state board of pharmacy and the department of taxation.
Sec. 2933.43. (A)(1) Except as provided in this division or
in section
2913.34 or sections 2923.44 to 2923.47 or
2925.41 to
2925.45 of the Revised Code,
a law enforcement officer shall seize
any contraband that has been, is
being, or is intended to be used
in violation of division (A) of
section 2933.42 of the Revised
Code. A law enforcement officer
shall seize contraband that is a
watercraft, motor vehicle, or
aircraft and that has been, is
being, or is intended to be used
in violation of division (A) of
section 2933.42 of the Revised
Code only if the watercraft, motor
vehicle, or aircraft is
contraband because of its relationship to
an underlying criminal
offense that is a felony.
Additionally, a law enforcement officer shall seize any
watercraft, motor vehicle, aircraft, or other personal property
that is classified as contraband under division (B) of section
2933.42 of the Revised Code if the underlying offense involved in
the violation of division (A) of that section that resulted in
the
watercraft, motor vehicle, aircraft, or personal property
being
classified as contraband, is a felony.
(2) If a law enforcement officer seizes property that is
titled or registered under law, including a motor vehicle,
pursuant to division (A)(1) of this section, the officer or the
officer's
employing law enforcement agency shall notify the owner
of the
seizure. The notification shall be given to the owner at
the owner's last
known address within seventy-two hours after the
seizure,
and may be given orally by any means, including
telephone, or by
certified mail, return receipt requested.
If the officer or the officer's agency is unable to provide
the
notice required by this division despite reasonable, good
faith
efforts to do so, the exercise of the reasonable, good faith
efforts constitutes fulfillment of the notice requirement imposed
by this division.
(B)(1) A motor vehicle seized pursuant to division (A)(1)
of
this section and the contents of the vehicle may be retained
for a
reasonable period of time, not to exceed seventy-two hours,
for
the purpose of inspection, investigation, and the gathering
of
evidence of any offense or illegal use.
At any time prior to the expiration of the seventy-two-hour
period, the law enforcement agency that seized the motor vehicle
may petition the court of common pleas of the county that has
jurisdiction over the underlying criminal case or administrative
proceeding involved in the forfeiture for an extension of the
seventy-two-hour period if the motor vehicle or its contents are
needed as evidence or if additional time is needed for the
inspection, investigation, or gathering of evidence. Upon the
filing of such a petition, the court immediately shall schedule a
hearing to be held at a time as soon as possible after the
filing,
but in no event at a time later than the end of the next
business
day subsequent to the day on which the petition was
filed, and
upon scheduling the hearing, immediately shall notify
the owner of
the vehicle, at the address at which notification of
the seizure
was provided under division (A) of this section, of
the date,
time, and place of the hearing. If the court, at the
hearing,
determines that the vehicle or its contents, or both,
are needed
as evidence or that additional time is needed for the
inspection,
investigation, or gathering of evidence, the court
may grant the
petition and issue an order authorizing the
retention of the
vehicle or its contents, or both, for an
extended period as
specified by the court in its order. An order
extending a period
of retention issued under this division may be
renewed.
If no petition for the extension of the initial
seventy-two-hour period has been filed, prior to the expiration
of
that period, under this division, if the vehicle was not in
the
custody and control of the owner at the time of its seizure,
and
if, at the end of that seventy-two-hour period, the owner of
the
vehicle has not been charged with an offense or
administrative
violation that includes the use of the vehicle as
an element and
has not been charged with any other offense or
administrative
violation in the actual commission of which the
motor vehicle was
used, the vehicle and its contents shall be
released to its owner
or the owner's agent, provided that the law
enforcement agency
that seized the vehicle may require proof of
ownership of the
vehicle, proof of ownership or legal possession
of the contents,
and an affidavit of the owner that the owner neither
knew of nor
expressly or impliedly consented to the use of the
vehicle that
resulted in its forfeiture as conditions precedent
to release. If
a petition for the extension of the initial
seventy-two-hour
period has been filed, prior to the expiration
of that period,
under this division but the court does not grant
the petition, if
the vehicle was not in the custody and control
of the owner at the
time of its seizure, and if, at the end of
that seventy-two-hour
period, the owner of the vehicle has not
been charged with an
offense or administrative violation that
includes the use of the
vehicle as an element and has not been
charged with any other
offense or administrative violation in the
actual commission of
which the motor vehicle was used, the
vehicle and its contents
shall be released to its owner or the owner's agent,
provided that
the court may require the proof and
affidavit described in the
preceding sentence as conditions
precedent to release. If the
initial seventy-two-hour period has
been extended under this
division, the vehicle and its contents
to which the extension
applies may be retained in accordance with
the extension order.
If, at the end of that extended period, the
owner of the vehicle
has not been charged with an offense or
administrative violation
that includes the use of the vehicle as
an element and has not
been charged with any other offense or
administrative violation in
the actual commission of which the
motor vehicle was used, and if
the vehicle was not in the custody
and control of the owner at the
time of its seizure, the vehicle
and its contents shall be
released to its owner or the owner's agent,
provided that the
court may require the proof and affidavit
described in the third
preceding sentence as conditions precedent
to release. In cases
in which the court may require proof and
affidavits as conditions
precedent to release, the court also may
require the posting of a
bond, with sufficient sureties approved
by the court, in an amount
equal to the value of the property to
be released, as determined
by the court, and conditioned upon the
return of the property to
the court if it is forfeited under this
section, as a further
condition to release. If, at the end of
the initial
seventy-two-hour period or at the end of any extended
period
granted under this section, the owner has been charged
with an
offense or administrative violation that includes the use
of the
vehicle as an element or has been charged with another
offense or
administrative violation in the actual commission of
which the
motor vehicle was used, or if the vehicle was in the
custody and
control of the owner at the time of its seizure, the
vehicle and
its contents shall be retained pending disposition of
the charge,
provided that upon the filing of a motion for release
by the
owner, if the court determines that the motor vehicle or
its
contents, or both, are not needed as evidence in the
underlying
criminal case or administrative proceeding, the court
may permit
the release of the property that is not needed as
evidence to the
owner; as a condition precedent to a release of that nature,
the
court may require the owner to execute a bond with
the court. Any
bond so required shall be in an amount equal to
the value of the
property to be released, as determined by the
court, shall have
sufficient sureties approved by the court, and
shall be
conditioned upon the return of the property to the court
to which
it is forfeited under this section.
The final disposition of a motor vehicle seized pursuant to
division (A)(1) of this section shall be determined in accordance
with division (C) of this section.
(2) Pending a hearing pursuant to division (C) of this
section, and subject to divisions (B)(1) and (C) of this section,
any property lawfully seized pursuant to division (A) of this
section because it was contraband of a type described in division
(A)(13)(b), (d), (e),
(f), (g), (h), (i), or (j) of section
2901.01 of the Revised Code shall not be subject to replevin or
other action in any court and shall not be subject to release
upon
request of the owner, and no judgment shall be enforced
against
the property. Pending the hearing, and subject to
divisions
(B)(1) and (C) of this section, the property shall be
kept in the
custody of the law enforcement agency responsible for
its seizure.
Pending a hearing pursuant to division (C) of this section,
and notwithstanding any provisions of division (B)(1) or (C) of
this section to the contrary, any property lawfully seized
pursuant to division (A) of this section because it was
contraband
of a type described in division (A)(13)(a) or
(c) of section
2901.01 of the Revised Code shall not be
subject to replevin or
other action in any court and shall not be subject
to release upon
request of the owner, and no judgment shall be
enforced against
the property. Pending the hearing, and
notwithstanding any
provisions of division (B)(1) or (C) of this
section to the
contrary, the property shall be kept in the
custody of the law
enforcement agency responsible for its
seizure.
A law enforcement agency that seizes property under
division
(A) of this section because it was contraband of any
type
described in division (A)(13) of section 2901.01 or
division (B)
of section 2933.42 of the Revised Code shall maintain an accurate
record of each item of property so seized, which record shall
include the date on which each item was seized, the manner and
date of its disposition, and if applicable, the name of the
person
who received the item; however, the record shall not
identify or
enable the identification of the individual officer
who seized the
item. The record of property of that nature that no
longer is
needed as evidence shall be open to public inspection
during the
agency's regular business hours. Each law enforcement
agency
that, during any calendar year, seizes property under
division (A)
of this section because it was contraband shall
prepare a report
covering the calendar year that cumulates all of
the information
contained in all of the records kept by the
agency pursuant to
this division for that calendar year, and
shall send a copy of the
cumulative report, no later than the
first day of March in the
calendar year following the calendar
year covered by the report,
to the attorney general. Each report
received by the attorney
general is a public record open for
inspection under section
149.43 of the Revised Code. Not later than the
fifteenth day of
April in the calendar year
in which the reports are received, the
attorney
general shall send to the
president of the senate and the
speaker of the house of
representatives a written notification
that does all of the
following:
(a) Indicates that the attorney general has received from
law enforcement agencies reports
of the type described in this
division that cover the previous
calendar year and indicates that
the reports were received under this
division;
(b) Indicates that the reports
are open for inspection under
section 149.43 of the
Revised Code;
(c) Indicates that the attorney general
will provide a copy
of any or all of the reports to the
president of the senate or the
speaker of the house of
representatives upon request.
(C) The prosecuting attorney, village solicitor, city
director of law, or similar chief legal officer who has
responsibility for the prosecution of the underlying criminal
case
or administrative proceeding, or the attorney general if the
attorney general has that responsibility, shall file a petition
for the forfeiture, to the seizing law enforcement agency of the
contraband seized pursuant to division (A) of this section. The
petition shall be filed in the court that has jurisdiction over
the underlying criminal case or administrative proceeding
involved
in the forfeiture. If the property was seized on the
basis of
both a criminal violation and an administrative
regulation
violation, the petition shall be filed by the officer
and in the
court that is appropriate in relation to the criminal
case.
The petitioner shall conduct or cause to be conducted a
search of the appropriate public records that relate to the
seized
property for the purpose of determining, and shall make or
cause
to be made reasonably diligent inquiries for the purpose of
determining, any person having an ownership or security interest
in the property. The petitioner then shall give notice of the
forfeiture proceedings by personal service or by certified mail,
return receipt requested, to any persons known, because of the
conduct of the search, the making of the inquiries, or otherwise,
to have an ownership or security interest in the property, and
shall publish notice of the proceedings once each week for two
consecutive weeks in a newspaper of general circulation in the
county in which the seizure occurred. The notices shall be
personally served, mailed, and first published at least four
weeks
before the hearing. They shall describe the property
seized;
state the date and place of seizure; name the law
enforcement
agency that seized the property and, if applicable,
that is
holding the property; list the time, date, and place of
the
hearing; and state that any person having an ownership or
security
interest in the property may contest the forfeiture.
If the property seized was determined by the seizing law
enforcement officer to be contraband because of its relationship
to an underlying criminal offense or administrative violation, no
forfeiture hearing shall be held under this section unless the
person pleads guilty to or is convicted of the commission of, or
an attempt or conspiracy to commit, the offense or a different
offense arising out of the same facts and circumstances or unless
the person admits or is adjudicated to have committed the
administrative violation or a different violation arising out of
the same facts and circumstances; a forfeiture hearing shall be
held in a case of that nature no later than forty-five days after
the
conviction or the admission or adjudication of the violation,
unless the time for the hearing is extended by the court for good
cause shown. The owner of any property seized because of its
relationship to an underlying criminal offense or administrative
violation may request the court to release the property to the
owner. Upon
receipt of a request of that nature, if the court
determines that the
property is not needed as evidence in the
underlying criminal
case or administrative proceeding, the court
may permit the
release of the property to the owner. As a
condition precedent
to a release of that nature, the court may
require the owner to execute a
bond with the court. Any bond so
required shall have sufficient
sureties approved by the court,
shall be in a sum equal to the
value of the property, as
determined by the court, and shall be
conditioned upon the return
of the property to the court if the
property is forfeited under
this section. Any property seized
because of its relationship to
an underlying criminal offense or
administrative violation shall
be returned to its owner if
charges are not filed in relation to
that underlying offense or
violation within thirty days after the
seizure, if charges of that nature are
filed and subsequently are
dismissed, or if charges of that nature are filed
and the person
charged does not plead guilty to and is not convicted of the
offense or does not admit and is not found to have committed the
violation.
If the property seized was determined by the seizing law
enforcement officer to be contraband other than because of a
relationship to an underlying criminal offense or administrative
violation, the forfeiture hearing under this section shall be
held
no later than forty-five days after the seizure, unless the
time
for the hearing is extended by the court for good cause
shown.
Where possible, a court holding a forfeiture hearing under
this section shall follow the Rules of Civil Procedure. When a
hearing is conducted under this section, property shall be
forfeited upon a showing, by a preponderance of the evidence, by
the petitioner that the person from which the property was seized
was in violation of division (A) of section 2933.42 of the
Revised
Code. If that showing is made, the court shall issue an
order of
forfeiture. If an order of forfeiture is issued in
relation to
contraband that was released to the owner or the owner's agent
pursuant to this division or division (B)(1) of this
section, the
order shall require the owner to deliver the
property, by a
specified date, to the law enforcement agency that
employed the
law enforcement officer who made the seizure of the
property, and
the court shall deliver a copy of the order to the
owner or send a
copy of it by certified mail, return receipt
requested, to the
owner at the address to which notice of the
seizure was given
under division (A)(2) of this section. Except
as otherwise
provided in this division, all rights, interest, and
title to the
forfeited contraband vests in the state, effective
from the date
of seizure.
No property shall be forfeited pursuant to this division if
the owner of the property establishes, by a preponderance of the
evidence, that the owner neither knew, nor should have known after
a
reasonable inquiry, that the property was used, or was likely to
be used, in a crime or administrative violation. No bona fide
security interest shall be forfeited pursuant to this division if
the holder of the interest establishes, by a preponderance of the
evidence, that the holder of the interest neither knew, nor should
have known
after a
reasonable inquiry, that the property was used,
or likely to be
used, in a crime or administrative violation, that
the holder of the interest
did not
expressly or impliedly consent
to the use of the property in a
crime or administrative violation,
and that the security interest
was perfected pursuant to law prior
to the seizure. If the
holder of the interest satisfies the court
that these
requirements are met, the interest shall be preserved
by the
court. In a case of that nature, the court shall either
order that the
agency to which the property is forfeited reimburse
the holder of the interest
to the extent of the preserved interest
or order that the
holder be paid for the interest from the
proceeds of any
sale pursuant to division (D) of this section.
(D)(1) Contraband ordered forfeited pursuant to this
section
shall be disposed of pursuant to divisions (D)(1) to (7)
of
section 2933.41 of the Revised Code or, if the contraband is
not
described in those divisions, may be used, with the approval
of
the court, by the law enforcement agency that has custody of
the
contraband pursuant to division (D)(8) of that section. In
the
case of contraband not described in any of those divisions
and of
contraband not disposed of pursuant to any of those
divisions, the
contraband shall be sold in accordance with this
division or, in
the case of forfeited moneys, disposed of in
accordance with this
division. If the contraband is to be sold,
the prosecuting
attorney shall cause a notice of the proposed
sale of the
contraband to be given in accordance with law, and
the property
shall be sold, without appraisal, at a public
auction to the
highest bidder for cash. The proceeds of a sale
and forfeited
moneys shall be applied in the following order:
(a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the contraband, the forfeiture
proceeding, and, if any, the sale;
(b) Second, the remaining proceeds or forfeited moneys
after
compliance with division (D)(1)(a) of this section, to the
payment
of the balance due on any security interest preserved
pursuant to
division (C) of this section;
(c) Third, the remaining proceeds or forfeited moneys
after
compliance with divisions (D)(1)(a) and (b) of this
section, as
follows:
(i) If the forfeiture was ordered in a juvenile court, ten
per
cent to one or more alcohol and drug addiction treatment
programs that are
certified by the department of alcohol and drug
addiction services under
section 3793.06 of the Revised Code and
that are specified in the order of
forfeiture. A
juvenile court
shall not certify an alcohol or drug addiction treatment
program
in the order of forfeiture unless the program is a certified
alcohol
and drug addiction treatment program and, except as
provided in division
(D)(1)(c)(i) of this section, unless the
program
is located in the county in which the court that orders
the forfeiture is
located or in a contiguous county. If no
certified alcohol and drug addiction
treatment program is located
in any of those counties, the juvenile court may
specify in the
order a certified alcohol and drug addiction treatment program
located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court,
ninety
per cent, and if the forfeiture was ordered in a court
other than a juvenile
court, one hundred per cent to the law
enforcement trust fund of the
prosecuting
attorney and to the law
enforcement trust fund of the county
sheriff if the county sheriff
made the seizure,; to the law
enforcement trust fund of a municipal
corporation if its police
department made the seizure,; to the law
enforcement trust fund of
a township if the seizure was made by a
township police
department, township police district police force,
or office of a
township constable,; to the law enforcement trust
fund of a park
district created pursuant to section 511.18 or
1545.01 of the
Revised Code if the seizure was made by the park
district police
force or law enforcement department,; to the
highway patrol state
contraband, forfeiture, and other fund if the state
highway
patrol made the seizure,; to the division of forestry law enforcement contraband, forfeiture, and other fund if the division of forestry in the department of natural resources made the seizure, to the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund if the division of natural areas and preserves in that department made the seizure, to the division of wildlife law enforcement contraband, forfeiture, and other fund if the division of wildlife in that department made the seizure, to the division of parks and recreation law enforcement contraband, forfeiture, and other fund if the division of parks and recreation in that department made the seizure, or to the division of watercraft law enforcement contraband, forfeiture, and other fund if the division of watercraft in that department made the seizure; to the department of
public
safety investigative unit contraband, forfeiture, and
other fund
if the investigative unit of the
department of public
safety made
the
seizure,; to the department of taxation enforcement fund if the department of taxation made the seizure,; to
the
board of pharmacy drug law enforcement fund
created by division (B)(1) of section 4729.65 of the Revised Code
if the board made the seizure,; or to the treasurer of state for
deposit into the peace officer training commission fund if a state
law enforcement agency, other than the state highway patrol, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, the
investigative unit of the department of public safety, the enforcement division of the department of taxation, or the
state
board of pharmacy,
made the seizure. The prosecuting
attorney may decline to accept
any of the remaining proceeds or
forfeited moneys, and, if the prosecuting
attorney so
declines,
the remaining proceeds or forfeited moneys shall be
applied to the
fund described in this division that relates to
the law
enforcement agency that made the seizure.
A law enforcement trust fund shall be established by the
prosecuting attorney of each county who intends to receive any
remaining proceeds or forfeited moneys pursuant to this division,
by the sheriff of each county, by the legislative authority of
each municipal corporation, by the board of township trustees of
each township that has a township police department, township
police district police force, or office of the constable, and by
the board of park commissioners of each park district created
pursuant to section 511.18 or 1545.01 of the Revised Code that
has
a park district police force or law enforcement department,
for
the purposes of this division. There is hereby created in
the
state treasury the highway patrol state contraband,
forfeiture,
and other fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund; the department of
public safety investigative unit
contraband, forfeiture, and
other fund,; the department of taxation enforcement fund,; and
the
peace officer
training commission fund, for the purposes
described in this
division.
Proceeds or forfeited moneys distributed to any municipal
corporation, township, or park district law enforcement trust
fund
shall be allocated from the fund by the legislative
authority only
to the police department of the municipal
corporation, by the
board of township trustees only to the
township police department,
township police district police
force, or office of the constable,
and by the board of park
commissioners only to the park district
police force or law
enforcement department.
Additionally, no proceeds or forfeited moneys shall be
allocated to or used by the state highway patrol, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, the department
of public safety, the department of taxation, the state board of pharmacy, or a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department unless the state highway
patrol, division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, department of public safety, department of taxation, state board of pharmacy,
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department has adopted a written
internal
control policy under division (D)(3) of this section
that
addresses the use of moneys received from the highway
patrol state
contraband, forfeiture, and other fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund; the
department of public
safety investigative unit
contraband, forfeiture, and other fund,;
the department of taxation enforcement fund,; the board of pharmacy drug law
enforcement fund,; or the
appropriate law enforcement trust fund.
The
highway patrol state contraband, forfeiture, and other
fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund;
the department of public safety investigative
unit
contraband, forfeiture, and other fund,; the department of taxation enforcement fund,; and a law
enforcement
trust fund shall be expended only in accordance with
the written
internal control policy so adopted by the recipient,
and, subject
to the requirements specified in division
(D)(3)(a)(ii) of this
section, only to pay the costs of
protracted or complex
investigations or prosecutions, to provide
reasonable technical
training or expertise, to provide matching
funds to obtain federal
grants to aid law enforcement, in the
support of DARE programs or
other programs designed to educate
adults or children with respect
to the dangers associated with
the use of drugs of abuse,
to pay
the costs of emergency action taken under section 3745.13 of the
Revised Code relative to the operation of an illegal
methamphetamine laboratory if the forfeited property or money
involved was that of a person responsible for the operation of the
laboratory, or for other law enforcement
purposes that the
superintendent of the state highway patrol, division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources,
department of public
safety, department of taxation, prosecuting attorney, county
sheriff, legislative
authority, board of township trustees, or
board of park
commissioners determines to be appropriate. The
board of pharmacy
drug law enforcement fund shall be expended
only in accordance
with the written internal control policy so
adopted by the board
and only in accordance with section 4729.65
of the Revised Code,
except that it also may be expended to pay the costs of emergency
action taken under section 3745.13 of the Revised Code relative to
the operation of an illegal methamphetamine laboratory if the
forfeited property or money involved was that of a person
responsible for the operation of the laboratory. The
highway patrol state contraband,
forfeiture, and other fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund; the
department of
public safety investigative unit contraband,
forfeiture, and
other fund,; the department of taxation enforcement fund,; the
board
of pharmacy drug law
enforcement
fund,; and a law enforcement trust fund shall not be
used to meet
the operating costs of the state highway patrol, of the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, of
the
investigative
unit of the department of
public safety, of the department of taxation enforcement division, of the
state board of pharmacy, of
any political subdivision, or of any
office of a prosecuting
attorney or county sheriff that are
unrelated to law enforcement. In addition, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources shall not use the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; or the division of watercraft law enforcement contraband, forfeiture, and other fund to pay the salaries of employees of the applicable division or to provide for any other remuneration of personnel.
Proceeds and forfeited moneys that are paid into the state
treasury to be deposited into the peace officer training
commission fund shall be used by the commission
only to pay the
costs of peace
officer training.
Any sheriff or prosecuting attorney who receives proceeds
or
forfeited moneys pursuant to this division during any calendar
year shall file a report with the county auditor, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any
Any municipal corporation police
department that is allocated proceeds or forfeited moneys from a
municipal corporation law enforcement trust fund pursuant to this
division during any calendar year shall file a report with the
legislative authority of the municipal corporation, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any
Any township police department,
township police district police force, or office of the constable
that is allocated proceeds or forfeited moneys from a township
law
enforcement trust fund pursuant to this division during any
calendar year shall file a report with the board of township
trustees of the township, no later than the thirty-first day of
January of the next calendar year, verifying that the proceeds
and
forfeited moneys were expended only for the purposes
authorized by
this division and division (D)(3)(a)(ii) of this
section and
specifying the amounts expended for each authorized
purpose. Any
Any
park district police force or law enforcement
department that is
allocated proceeds or forfeited moneys from a
park district law
enforcement trust fund pursuant to this
division during any
calendar year shall file a report with the
board of park
commissioners of the park district, no later than
the thirty-first
day of January of the next calendar year,
verifying that the
proceeds and forfeited moneys were expended
only for the purposes
authorized by this division and division
(D)(3)(a)(ii) of this
section and specifying the amounts expended
for each authorized
purpose. The
The superintendent of the state
highway patrol shall
file a report with the attorney general, no
later than the
thirty-first day of January of each calendar year,
verifying that
proceeds and forfeited moneys paid into the
highway patrol state
contraband, forfeiture, and other fund pursuant to
this division
during the prior calendar year were used by the
state highway
patrol during the prior calendar year only for the
purposes
authorized by this division and specifying the amounts
expended
for each authorized purpose. The
The chiefs of the divisions of forestry, natural areas and preserves, wildlife, parks and recreation, and watercraft in the department of natural resources each shall file a report with the attorney general, not later than the thirty-first day of January of each calendar year, verifying that proceeds and forfeited moneys paid into the division of forestry law enforcement contraband, forfeiture, and other fund, the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund, the division of wildlife law enforcement contraband, forfeiture, and other fund, the division of parks and recreation law enforcement contraband, forfeiture, and other fund, and the division of watercraft law enforcement contraband, forfeiture, and other fund, respectively, pursuant to this division during the prior calendar year were used by the appropriate division in the department of natural resources during the prior calendar year only for the purposes authorized by this division and specifying the amounts expended for each authorized purpose.
The executive director of
the state
board of pharmacy shall file a report with the attorney
general,
no later than the thirty-first day of January of each
calendar
year, verifying that proceeds and forfeited moneys paid
into the
board of pharmacy drug law enforcement fund during the
prior
calendar year were used only in accordance with section
4729.65 of
the Revised Code and specifying the amounts expended
for each
authorized purpose. The
The peace officer training
commission shall
file a report with the attorney general, no later than
the
thirty-first day of January of each calendar year, verifying that
proceeds and forfeited moneys paid into the peace officer
training
commission fund pursuant to this division
during the prior
calendar year were used by the commission during the
prior
calendar
year only to pay the costs of peace officer training and
specifying the amount used for that purpose.
The tax commissioner shall file a report with the attorney general, not later than the thirty-first day of January of each calendar year, verifying that proceeds and forfeited moneys paid into the department of taxation enforcement fund pursuant to this division during the prior calendar year were used by the enforcement division during the prior calendar year to pay only the costs of enforcing the tax laws and specifying the amount used for that purpose.
(2) If more than one law enforcement agency is
substantially
involved in the seizure of contraband that is
forfeited pursuant
to this section, the court ordering the
forfeiture shall equitably
divide the proceeds or forfeited
moneys, after calculating any
distribution to the law enforcement
trust fund of the prosecuting
attorney pursuant to division
(D)(1)(c) of this section, among any
county sheriff whose office
is determined by the court to be
substantially involved in the
seizure, any legislative authority
of a municipal corporation
whose police department is determined
by the court to be
substantially involved in the seizure, any
board of township
trustees whose law enforcement agency is
determined by the court
to be substantially involved in the
seizure, any board of park
commissioners of a park district whose
police force or law
enforcement department is determined by the
court to be
substantially involved in the seizure, the state board
of
pharmacy if it is determined by the court to be substantially
involved in the seizure, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources if it is determined by the court to be substantially involved in the seizure, the investigative unit of the department
of
public safety
if it
is determined by the court to be
substantially involved in the
seizure, the enforcement division of the department of taxation if it is determined by the court to be substantially involved in the seizure and the state highway
patrol if it is determined by the
court to be substantially
involved in the seizure. The proceeds
or forfeited moneys shall
be deposited in the respective law
enforcement trust funds of the
county sheriff, municipal
corporation, township, and park
district,; the board of pharmacy
drug law enforcement fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund; the
department of public safety investigative
unit
contraband,
forfeiture, and other fund,; the department of taxation enforcement fund,; or the highway
patrol state
contraband,
forfeiture, and other fund, in accordance with
division (D)(1)(c)
of this section. If a state law enforcement
agency, other than
the state highway patrol, the investigative
unit of the department of
public safety,
the department of taxation, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, or the state board of
pharmacy, is determined by the court to be
substantially involved
in the seizure, the state agency's
equitable share of the proceeds
and forfeited moneys shall be
paid to the treasurer of state for
deposit into the peace officer
training commission fund.
(3)(a)(i) Prior to being allocated or using any proceeds
or
forfeited moneys out of the highway patrol state contraband,
forfeiture, and other fund,; the division of forestry law enforcement contraband, forfeiture, and other fund; the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund; the division of wildlife law enforcement contraband, forfeiture, and other fund; the division of parks and recreation law enforcement contraband, forfeiture, and other fund; the division of watercraft law enforcement contraband, forfeiture, and other fund; the department of
public safety
investigative unit contraband, forfeiture, and
other fund,; the department of taxation enforcement fund,; the
board of
pharmacy drug law enforcement
fund,; or a law enforcement
trust fund under division (D)(1)(c) of
this section, the state
highway patrol, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, the department of public safety, the department of taxation, the
state board
of pharmacy, and a county sheriff,
prosecuting attorney, municipal
corporation police department,
township police department,
township police district police
force, office of the constable, or
park district police force or
law enforcement department shall
adopt a written internal control
policy that addresses the state
highway patrol's, division of forestry's, division of natural areas and preserves', division of wildlife's, division of parks and recreation's, division of watercraft's, department of
public safety's, department of taxation's, state board of
pharmacy's, sheriff's,
prosecuting attorney's, police
department's, police force's,
office of the constable's, or law
enforcement department's use
and disposition of all the proceeds
and forfeited moneys received
and that provides for the keeping of
detailed financial records
of the receipts of the proceeds and
forfeited moneys, the general
types of expenditures made out of
the proceeds and forfeited
moneys, the specific amount of each
general type of expenditure,
and the amounts, portions, and
programs described in division
(D)(3)(a)(ii) of this section. The
policy shall not provide for
or permit the identification of any
specific expenditure that is
made in an ongoing investigation.
All financial records of the receipts of the proceeds and
forfeited moneys, the general types of expenditures made out of
the proceeds and forfeited moneys, the specific amount of each
general type of expenditure by the state highway patrol, by the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, by the
department of public safety, by the department of taxation, by the state board of pharmacy, and
by a sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department, and the amounts, portions,
and programs described in division (D)(3)(a)(ii) of this section
are public records open for inspection under section 149.43 of
the
Revised Code. Additionally, a written internal control
policy
adopted under this division is a public record of that nature, and
the state highway patrol, the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, the department of public safety, the department of taxation, the
state board of pharmacy, or the sheriff, prosecuting attorney,
municipal corporation police department, township police
department, township police district police force, office of the
constable, or park district police force or law enforcement
department that adopted it shall comply with it.
(ii) The written internal control policy of a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department shall provide that at least
ten per cent of the first one hundred thousand dollars of
proceeds
and forfeited moneys deposited during each calendar year
in the
sheriff's, prosecuting attorney's, municipal
corporation's,
township's, or park district's law enforcement
trust fund pursuant
to division (B)(7)(c)(ii) of section 2923.46
or division
(B)(8)(c)(ii) of section 2925.44 of
the Revised Code, and at least
twenty per cent of the proceeds
and forfeited moneys exceeding one
hundred thousand dollars that
are so deposited, shall be used in
connection with community
preventive education programs. The
manner in which the described
percentages are so used shall be
determined by the sheriff,
prosecuting attorney, department,
police force, or office of the
constable after the receipt and
consideration of advice on
appropriate community preventive
education programs from the
county's board of alcohol, drug
addiction, and mental health
services, from the county's alcohol
and drug addiction services
board, or through appropriate
community dialogue. The financial
records described in division
(D)(3)(a)(i) of this section shall
specify the amount of the
proceeds and forfeited moneys deposited
during each calendar year
in the sheriff's, prosecuting
attorney's, municipal corporation's,
township's, or park
district's law enforcement trust fund pursuant
to division
(B)(7)(c)(ii) of section 2923.46 or division
(B)(8)(c)(ii) of
section 2925.44 of the Revised Code, the portion
of
that amount that was used pursuant to the requirements of this
division, and the community preventive education programs in
connection with which the portion of that amount was so used.
As used in this division,
"community preventive education
programs" includes, but is not limited to, DARE programs and
other
programs designed to educate adults or children with
respect to
the dangers associated with the use of drugs of abuse.
(b) Each sheriff, prosecuting attorney, municipal
corporation police department, township police department,
township police district police force, office of the constable,
or
park district police force or law enforcement department that
receives in any calendar year any proceeds or forfeited moneys
out
of a law enforcement trust fund under division (D)(1)(c) of
this
section or uses any proceeds or forfeited moneys in its law
enforcement trust fund in any calendar year shall prepare a
report
covering the calendar year that cumulates all of the
information
contained in all of the public financial records kept
by the
sheriff, prosecuting attorney, municipal corporation
police
department, township police department, township police
district
police force, office of the constable, or park district
police
force or law enforcement department pursuant to division
(D)(3)(a)
of this section for that calendar year, and shall send
a copy of
the cumulative report, no later than the first day of
March in the
calendar year following the calendar year covered by
the report,
to the attorney general.
The superintendent of the state highway patrol shall
prepare
a report covering each calendar year in which the state
highway
patrol uses any proceeds or forfeited moneys in the
highway
patrol state contraband, forfeiture, and other fund under
division
(D)(1)(c) of this section, that cumulates all of the
information
contained in all of the public financial records kept
by the state
highway patrol pursuant to division (D)(3)(a) of
this section for
that calendar year, and shall send a copy of the
cumulative
report, no later than the first day of March in the
calendar year
following the calendar year covered by the report,
to the attorney
general.
The chiefs of the divisions of forestry, natural areas and preserves, wildlife, parks and recreation, and watercraft in the department of natural resources each shall prepare a report covering each calendar year in which the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources, respectively, uses any proceeds or forfeited moneys in the division of forestry contraband, forfeiture, and other fund, the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund, the division of wildlife law enforcement contraband, forfeiture, and other fund, the division of parks and recreation law enforcement contraband, forfeiture, and other fund, or the division of watercraft law enforcement contraband, forfeiture, and other fund, respectively, under division (D)(1)(c) of this section that cumulates all of the information contained in all of the public financial records kept by the appropriate division of the department of natural resources pursuant to division (D)(3)(a) of this section for that calendar year and shall send a copy of the cumulative report, not later than the first day of March in the calendar year following the calendar year covered by the report, to the attorney general.
The department of public safety shall prepare a report
covering each fiscal year in which the department uses any
proceeds or forfeited moneys in the department of public safety
investigative unit contraband, forfeiture, and other fund under
division (D)(1)(c) of this section that
cumulates all of the
information contained in all of the public
financial records kept
by the department pursuant to division
(D)(3)(a) of this section
for that fiscal year. The department
shall send a copy of the
cumulative report to the attorney
general no later than the first
day of August in the fiscal year
following the fiscal year covered
by the report. The director of
public safety shall include in the
report a verification that
proceeds and forfeited moneys paid into
the department of
public safety investigative unit contraband,
forfeiture, and other fund under division (D)(1)(c) of this
section during the
preceding
fiscal year were used by the
department during that fiscal year only for
the purposes
authorized by that division and shall specify the
amount used for
each authorized purpose.
The tax commissioner shall prepare a report covering each calendar year in which the department of taxation enforcement division uses any proceeds or forfeited moneys in the department of taxation enforcement fund under division (D)(1)(c) of this section, that cumulates all of the information contained in all of the public financial records kept by the department of taxation enforcement division pursuant to division (D)(3)(a) of this section for that calendar year, and shall send a copy of the cumulative report, not later than the first day of March in the calendar year following the calendar year covered by the report, to the attorney general.
The executive director of the state board of pharmacy shall
prepare a report covering each calendar year in which the board
uses any proceeds or forfeited moneys in the board of pharmacy
drug law enforcement fund under division (D)(1)(c) of this
section, that cumulates all of the information contained in all
of
the public financial records kept by the board pursuant to
division (D)(3)(a) of this section for that calendar year, and
shall send a copy of the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each
Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. Not later
than the
fifteenth day of April in the calendar year in
which the
reports are received, the attorney
general shall send to the
president of the senate and the speaker of the house of
representatives a written notification that does all of the
following:
(i) Indicates that the attorney general has received from
entities or persons specified in this division reports
of the type
described in this division that cover the previous
calendar year
and indicates that the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection
under section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a
copy of any or all of the reports to the
president of the senate
or the speaker of the house of
representatives upon request.
(4)(a) A law enforcement agency that receives pursuant to
federal law proceeds from a sale of forfeited contraband, proceeds
from
another disposition of forfeited contraband, or
forfeited
contraband moneys shall deposit, use, and account for
the proceeds
or forfeited moneys in accordance with, and
otherwise comply with,
the applicable federal law.
(b)(i) If the state highway patrol receives from the United States department of justice pursuant to federal
law proceeds
from a sale of forfeited contraband, proceeds from
another disposition of
forfeited contraband, or forfeited
contraband moneys, the appropriate
governmental officials shall
deposit the proceeds into the highway patrol justice contraband fund, which is hereby created in the state treasury. All interest or other earnings derived from the
investment of the proceeds or forfeited moneys shall be credited to the fund. The state highway
patrol
shall use and account for that interest or other earnings
in accordance with
the applicable federal law.
(ii) If the state highway patrol receives from the United States department of the treasury pursuant to federal law proceeds from a sale of forfeited contraband, proceeds from another disposition of forfeited contraband, or forfeited contraband moneys, the appropriate governmental officials shall deposit the proceeds into the highway patrol treasury contraband fund, which is hereby created in the state treasury. All interest or other earnings derived from the investment of the proceeds or forfeited moneys shall be credited to the fund. The state highway patrol shall use and account for that interest or other earnings in accordance with the applicable federal law.
(c) If the chief of the division of forestry, natural areas and preserves, wildlife, parks and recreation, or watercraft in the department of natural resources receives pursuant to federal law proceeds from a sale of forfeited contraband, proceeds from another disposition of forfeited contraband, or forfeited contraband moneys, the appropriate government officials shall deposit into the division of forestry law enforcement contraband, forfeiture, and other fund, the division of natural areas and preserves law enforcement contraband, forfeiture, and other fund, the division of wildlife law enforcement contraband, forfeiture, and other fund, the division of parks and recreation law enforcement contraband, forfeiture, and other fund, or the division of watercraft law enforcement contraband, forfeiture, and other fund, as appropriate, all interest or other earnings derived from the investment of the proceeds or forfeited moneys. The appropriate division shall use and account for that interest or other earnings in accordance with the applicable federal law.
(d) If the investigative unit of the
department of public
safety receives pursuant to federal law proceeds from a
sale of
forfeited contraband, proceeds from another disposition of
forfeited contraband, or forfeited contraband moneys, the
appropriate governmental officials shall deposit the proceeds into the
department of
public safety investigative unit
federal equitable share account fund, which is hereby created in the state treasury. All interest
or other earnings derived
from the investment of the proceeds or
forfeited moneys shall be credited to the fund. The
department shall use and account for that
interest or other
earnings in accordance with the applicable
federal law.
(d)(e) If the tax commissioner receives pursuant to federal law proceeds from a sale of forfeited contraband, proceeds from another disposition of forfeited contraband, or forfeited contraband moneys, the appropriate governmental officials shall deposit into the department of taxation enforcement fund all interest or other earnings derived from the investment of the proceeds or forfeited moneys. The department shall use and account for that interest or other earnings in accordance with the applicable federal law.
(e)(f) Divisions (D)(1) to (3) of this section do not apply to
proceeds
or
forfeited moneys received pursuant to federal law or
to the interest or other
earnings that are derived from the
investment of proceeds or forfeited moneys
received pursuant to
federal law and that are described in division (D)(4)(b)
of this
section.
(E) Upon the sale pursuant to this section of any property
that is required to be titled or registered under law, the state
shall issue an appropriate certificate of title or registration
to
the purchaser. If the state is vested with title pursuant to
division (C) of this section and elects to retain property that
is
required to be titled or registered under law, the state shall
issue an appropriate certificate of title or registration.
(F) Notwithstanding any provisions of this section to the
contrary, any property that is lawfully seized in relation to a
violation of section 2923.32 of the Revised Code shall be subject
to forfeiture and disposition in accordance with sections 2923.32
to 2923.36
of the Revised Code; any property that is forfeited
pursuant
to section 2923.44 or 2923.45 of the Revised Code in
relation to a violation of section
2923.42 of the Revised Code or
in relation to an act of a juvenile that is a violation of
section
2923.42 of the Revised Code may be subject to forfeiture and
disposition in
accordance with sections 2923.44 to 2923.47 of the
Revised Code;
and any
property that is forfeited pursuant to
section 2925.42 or 2925.43
of the Revised Code in relation to a
felony drug abuse offense,
as defined in section 2925.01 of the
Revised Code, or in relation
to an act that, if committed by an
adult, would be a felony
drug abuse offense of that nature, may be
subject to forfeiture and
disposition in accordance with sections
2925.41 to 2925.45 of the Revised Code
or this section.
(G) Any failure of a law enforcement officer or agency, a
prosecuting attorney, village solicitor, city director of law, or
similar chief legal officer, a court, or the attorney general to
comply with any duty imposed by this section in relation to any
property seized or with any other provision of this section in
relation to any property seized does not affect the validity of
the seizure of the property, provided that the seizure itself was made
in accordance with law, and is not and shall not be considered to
be the basis for the suppression of any evidence resulting from
the seizure of the property, provided that the seizure itself was made
in accordance with law.
(H) Contraband that has been forfeited pursuant to
division
(C) of this section shall not be available for use to
pay any fine
imposed upon a person who is convicted of or pleads
guilty to an
underlying criminal offense or a different offense
arising out of
the same facts and circumstances.
Sec. 4115.04. (A)(1) Every public authority authorized to
contract for or construct with its own forces a public
improvement, before advertising for bids or undertaking such
construction with its own forces, shall have the director
of
commerce
determine the prevailing rates of wages of
mechanics and
laborers in accordance with section 4115.05 of the
Revised Code
for the class of work called for by the public
improvement, in the
locality where the work is to be performed.
Such Except as provided in division (A)(2) of this section, that schedule of wages
shall be attached to and made part of the
specifications for the
work, and shall be printed on the bidding
blanks where the work is
done by contract. A copy of the bidding
blank shall be filed with
the director before such
the contract is awarded. A
minimum rate of
wages for
common laborers, on work coming under the jurisdiction
of the
department of transportation, shall be fixed in each county
of
the state by said the department of transportation, in accordance
with section 4115.05 of the Revised Code.
(2) In the case of contracts that are administered by the department of natural resources, the director of natural resources or the director's designee shall include language in the contracts requiring wage rate determinations and updates to be obtained directly from the department of commerce through electronic or other means as appropriate. Contracts that include this requirement are exempt from the requirements established in division (A)(1) of this section that involve attaching the schedule of wages to the specifications for the work, making the schedule part of those specifications, and printing the schedule on the bidding blanks where the work is done by contract.
(B) Sections 4115.03 to 4115.16 of the Revised Code do not
apply to:
(1) Public improvements in any case where the federal
government or any of
its agencies
furnishes by loan or grant all
or any part of the funds used in
constructing such improvements,
provided that the federal government
or any of its agencies prescribes
predetermined minimum wages to
be paid to mechanics and laborers
employed in the construction of
such improvements;
(2) A participant in a work activity,
developmental
activity, or an alternative work
activity under sections
5107.40
to 5107.69 of the Revised Code when a public authority
directly
uses the labor of the participant to construct a public
improvement
if the participant is not
engaged in paid employment
or subsidized employment pursuant to the
activity;
(3) Public improvements undertaken by, or under contract
for, the board of
education of any school district or the
governing board of any educational
service center;
(4) Public improvements undertaken by, or under contract
for, a
county hospital operated pursuant to Chapter 339. of the
Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code if none
of the
funds
used in constructing the
improvements
are the proceeds of bonds or other obligations
which
that are secured by the full faith and credit
of the state, a county,
a township, or a municipal corporation and none of
the funds
used
in
constructing the improvements, including funds used to repay
any
amounts borrowed to construct the improvements, are funds that
have been
appropriated for that purpose by the state, a board of county
commissioners,
a township, or a municipal corporation
from funds generated by
the levy of a tax;, provided, however, that
a
county hospital or municipal hospital may elect to apply sections 4115.03 to 4115.16
of
the Revised Code to a public improvement undertaken by, or
under contract for, the
hospital.
Sec. 5577.081. (A) Except when transferring unfinished aggregate material between facilities that are under the control of the same owner or operator that is subject to Chapter 1514. of the Revised Code or when unloading or loading finished aggregate product within a ten-mile radius of a surface mining operation that is permitted and regulated under that chapter, all vehicles entering or leaving such an operation that have a gross vehicle weight as defined in division (JJ) of section 4501.01 of the Revised Code that is in excess of sixty-six thousand pounds shall use the specific roads designated pursuant to sections 303.14 and 303.141 or 519.14 and 519.141 of the Revised Code as the primary means of ingress to and egress from the facilities or operation.
(B) The owner or operator of a surface mining operation that is permitted under Chapter 1514. of the Revised Code and that is subject to the use of specific roads as the primary means of ingress to and egress from the operation pursuant to sections 303.14 and 303.141 or 519.14 and 519.141 of the Revised Code shall post a sign in a conspicuous location to inform the drivers of trucks entering and leaving the operation of the roads to use as the primary means of ingress to and egress from the operation.
(C)(1) Whoever violates this section shall receive a written warning in such a manner that it becomes a part of the person's permanent record that is maintained by the bureau of motor vehicles and assists in monitoring violations of this section.
(2) A person who commits a second offense within one year after committing the first offense is guilty of a minor misdemeanor.
(3) A person who commits a third or subsequent offense within one year after committing the first offense is guilty of a misdemeanor of the fourth degree.
(D) Fine money that is collected under division (C) of this section shall be deposited in the state treasury to the credit of the surface mining fund created in section 1514.06 of the Revised Code.
Sec. 5749.02. (A) For the purpose of providing revenue to
administer the state's coal mining and reclamation regulatory
program, to meet the environmental and resource management needs
of this state, and to reclaim land affected by mining, an excise
tax is hereby levied on the privilege of engaging in the
severance of natural resources from the soil or water of this
state. The tax shall be imposed upon the severer and shall be:
(1) Seven Ten and six-tenths cents per ton of coal;
(2) Four cents per ton of salt;
(3) Two cents per ton of limestone or dolomite;
(4) Two cents per ton of sand and gravel;
(5) Ten cents per barrel of oil;
(6) Two and one-half cents per thousand cubic feet of
natural gas;
(7) One cent per ton of clay, sandstone or conglomerate,
shale, gypsum, or quartzite;
(8) Except as otherwise provided in this division or in rules adopted by the reclamation forfeiture fund advisory board under section 1513.182 of the Revised Code, an additional fourteen cents per ton of coal produced from an area under a coal mining and reclamation permit issued under Chapter 1513. of the Revised Code for which the performance security is provided under division (C)(2) of section 1513.08 of the Revised Code. If at the end of a fiscal biennium the balance of the reclamation forfeiture fund created in section 1513.18 of the Revised Code is equal to or greater than ten million dollars, the rate levied shall be twelve cents per ton. If at the end of a fiscal biennium the balance of the fund is equal to five million dollars, but less than ten million dollars, the rate levied shall be fourteen cents per ton. If at the end of a fiscal biennium the balance of the fund is less than five million dollars, the rate levied shall be sixteen cents per ton.
(B) Of the moneys received by the treasurer of state from
the tax levied in division (A)(1) of this section, six and
three-tenths four and seventy-six-hundredths per cent shall be credited to the geological mapping
fund created in section 1505.09 of the Revised Code, fourteen and
two-tenths per cent shall be credited to the
reclamation forfeiture fund
created in section 1513.18 of the Revised Code,
fifty-seven and nine-tenths eighty and ninety-five-hundredths per cent shall be credited to the
coal mining administration and reclamation reserve fund created
in section 1513.181 of the Revised Code, and the remainder fourteen and twenty-nine-hundredths per cent shall
be credited to the unreclaimed lands fund created in section
1513.30 of the Revised Code. When, at any time during a fiscal year, the
chief
of the division of mineral resources
management
finds that the balance of the coal mining
administration and reclamation reserve fund is below two million
dollars, the chief shall certify that fact to the director of
budget and management. Upon receipt of the chief's
certification, the director shall direct the tax commissioner
to instead credit to the coal mining administration and
reclamation reserve fund during the remainder of the fiscal year for
which the
certification is made the fourteen and two-tenths per cent of the
moneys collected from the tax levied in division (A)(1) of this
section and otherwise required by this division to be credited to
the reclamation forfeiture fund.
Fifteen per cent of the moneys received by the treasurer of
state from the tax levied in division (A)(2) of this section
shall be credited to the geological mapping fund and the
remainder shall be credited to the unreclaimed lands fund.
Of the moneys received by the treasurer of state from the
tax levied in divisions (A)(3) and (4) of this section, seven and
five-tenths per cent shall be credited to the geological mapping
fund, forty-two and five-tenths per cent shall be credited to the
unreclaimed lands fund, and the remainder shall be credited to
the surface mining fund created in section
1514.06 of the Revised Code.
Of the moneys received by the treasurer of state from the
tax levied in divisions (A)(5) and (6) of this section,
ninety per cent shall be credited to the oil and gas well
fund created in section 1509.02 of
the Revised Code and ten per cent shall be credited to the
geological mapping fund. All of the
moneys received by the treasurer of state from the tax levied in
division (A)(7) of this section shall be credited to the surface
mining fund.
All of the moneys received by the treasurer of state from the tax levied in division (A)(8) of this section shall be credited to the reclamation forfeiture fund.
(C) For the purpose of paying the state's expenses for
reclaiming mined lands that the operator failed to reclaim
under a coal
mining and reclamation permit issued under Chapter 1513. of the Revised Code,
or under a surface mining permit issued under Chapter 1514. of the Revised
Code, for
which the operator's bond is not
sufficient to pay the state's expense for reclamation, there is
hereby levied an excise tax on the privilege of engaging in the
severance of coal from the soil or water of this state in
addition to the taxes levied by divisions (A)(1) and (D) of this
section. The tax shall be imposed at the rate of one cent per
ton of coal. Moneys received by
the treasurer of state from the tax levied under this division
shall be credited to the reclamation forfeiture fund
created in section 1513.18 of the Revised
Code.
(D) For the purpose of paying the state's expenses for
reclaiming coal mined lands that the operator failed to reclaim
in accordance with Chapter 1513. of the Revised Code under a coal
mining and reclamation permit issued after April 10, 1972, but
before September 1, 1981, for which the operator's bond is not
sufficient to pay the state's expense for reclamation and paying
the expenses for administering the state's coal mining and
reclamation regulatory program, there is hereby levied an excise
tax on the privilege of engaging in the severance of coal from
the soil or water of this state in addition to the taxes levied
by divisions (A)(1) and (C) of this section. The tax shall be
imposed at the rate of one cent per ton of coal as prescribed in
this division. Moneys received by the treasurer of state from
the tax levied by this division shall be credited to the
reclamation forfeiture fund created
in section 1513.18
of the Revised Code.
When, at the close of any fiscal year, the chief finds that
the balance of the reclamation
forfeiture fund, plus estimated transfers
to it from the coal mining administration and reclamation reserve fund under
section 1513.181 of the Revised Code, plus the estimated revenues
from the tax levied by this division (A)(8) of this section for the remainder of the
calendar year that includes the close of the fiscal year, are
sufficient to complete the reclamation of such lands for which the performance security has been provided under division (C)(2) of section 1513.08 of the Revised Code, the
purposes for which the tax under this division (A)(8) of this section is levied shall be
deemed accomplished at the end of that calendar year. The chief,
within thirty days after the close of the fiscal year,
shall certify those findings to the tax commissioner, and
the tax levied under division (A)(8) of this section shall
cease to be imposed after the last day of that calendar year on coal produced from an area under a coal mining and reclamation permit issued under Chapter 1513. of the Revised Code if the permittee has made tax payments under division (A)(8) of this section during each of the preceding five full calendar years.
Sec. 5749.11. (A) There is hereby allowed a nonrefundable credit against the taxes imposed under division (A)(8) of section 5749.02 of the Revised Code for any severer to which a reclamation tax credit certificate is issued under section 1513.171 of the Revised Code. The credit shall be claimed in the amount shown on the certificate. The credit shall be claimed by deducting the amount of the credit from the amount of the first tax payment due under section 5749.06 of the Revised Code after the certificate is issued. If a certificate is transferred under division (B) of this section, the credit shall be claimed by the transferee by deducting the amount of the credit from the amount of the transferee's first tax payment due after the certificate is transferred.
If the amount of the credit shown on a certificate exceeds the amount of the tax otherwise due with that first payment, the excess shall be claimed against the amount of tax otherwise due on succeeding payment dates until the entire credit amount has been deducted. The total amount of credit claimed against payments shall not exceed the total amount of credit shown on the certificate.
(B) A severer receiving a reclamation tax credit certificate issued under section 1513.171 of the Revised Code may transfer the certificate to any other severer that is subject to taxation under division (A)(8) of section 5749.02 of the Revised Code and holds a license or permit issued under or referred to in section 5749.04 of the Revised Code. The transferee of a certificate may transfer the certificate to any other severer that is subject to that tax and holds such a license or permit. A transfer of a certificate shall be made before the due date of the transferor's first tax payment occurring after the certificate is received by the transferor pursuant to issuance of the certificate by the chief of the division of mineral resources management in the department of natural resources or pursuant to a prior transfer.
Transfers may be made for consideration or pursuant to terms agreed to by the transferor and transferee. If a severer transfers a certificate, the severer shall provide to the tax commissioner written notification of the transfer in the form or manner prescribed by the tax commissioner. The notification shall include, at a minimum, the identity of the severer and the number of the certificate issued by the chief of the division of mineral resources management under section 1513.171 of the Revised Code. The tax commissioner shall maintain a record of all transfers of which the commissioner is notified.
(C) A severer claiming a credit under this section shall retain a reclamation tax credit certificate for not less than four years following the date of the last tax payment against which the credit allowed under that certificate was applied. Severers shall make tax credit certificates available for inspection by the tax commissioner upon the tax commissioner's request.
Section 2. That existing sections 123.04, 303.14, 307.37, 519.14, 1501.011, 1501.02, 1501.07, 1501.23, 1501.32, 1502.01, 1502.03, 1502.12, 1504.02, 1506.04, 1507.01, 1510.04, 1511.021, 1513.01, 1513.02, 1513.07, 1513.071, 1513.08, 1513.13, 1513.16, 1513.17, 1513.18, 1513.181, 1513.29, 1513.30, 1513.37, 1514.01, 1514.03, 1514.04, 1514.05, 1514.06, 1514.09, 1514.11, 1514.99, 1515.10, 1515.211, 1517.02, 1517.10, 1517.11, 1520.02, 1520.03, 1520.05, 1520.07, 1521.01, 1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 1521.064, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1531.01, 1531.02, 1531.04, 1531.06, 1531.10, 1531.20, 1531.27, 1531.99, 1533.07, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131, 1533.171, 1533.42, 1533.632, 1533.68, 1533.86, 1533.882, 1533.99, 1541.03, 1541.05, 1541.40, 1547.05, 1547.08, 1547.51, 1547.54, 1547.541, 1547.99, 1548.02, 1567.35, 2923.35, 2933.43, 4115.04, and 5749.02 and sections 1502.11, 1513.10, 1521.08, and 1533.78 of the Revised Code are hereby repealed.
Section 3. It is the intent of the General Assembly to appropriate five million dollars for the reclamation of land affected by the surface mining of coal. Of that five million dollars, not more than fifty thousand dollars shall be used to study the management of the financial resources of the coal mining regulatory program of the Division of Mineral Resources Management in the Department of Natural Resources. The Chief of the Division of Mineral Resources Management, in consultation with a statewide association representing the coal mining industry and a statewide association representing environmental advocacy, shall develop an outline of the subjects for the study. The Chief shall select an objective third party that has knowledge in the management of finances to conduct the study. Upon completion of the study, the third party shall prepare a report of its findings and submit the report to the Director of Natural Resources.
Section 4. Not later than five years after the effective date of this act, the Chief of the Division of Mineral Resources Management shall submit a report to the Governor summarizing the activities of the Division of Mineral Resources Management under sections 1514.40 to 1514.47 of the Revised Code, as enacted by this act, trends in miner accident rates, and the number and causes of life-threatening accidents and fatalities since the effective date of this act. In addition, the report shall compare those trends and accident rates with the trends and accident rates that occurred ten years prior to the effective date of this act and, if necessary, recommend changes to those sections in order to improve miner health or safety.
Section 5. The amendment of section 1541.40 of the Revised Code by this act applies to members appointed to the Ohio Parks and Recreation Council on and after the effective date of this act.
Section 6. Section 1533.10 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 66 and H.B. 296 of the 126th General Assembly. Section 1547.54 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 345 and Sub. S.B. 150 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composites are the resulting
versions of the sections in effect prior to the effective date of
the sections as presented in this act.