As Reported by the House Agriculture and Natural Resources Committee

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 443

Representatives Uecker, Aslanides, McGregor, J., Domenick, Setzer 

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A BILL

To amend sections 123.04, 303.14, 307.37, 519.14,

1

1501.011, 1501.02, 1501.07, 1501.23, 1501.32,

2

1502.01, 1502.03, 1502.12, 1504.02, 1506.04,

3

1507.01, 1510.04, 1511.021, 1513.01, 1513.02,

4

1513.07, 1513.071, 1513.08, 1513.13, 1513.16,

5

1513.17, 1513.18, 1513.181, 1513.29, 1513.30,

6

1513.37, 1514.01, 1514.03, 1514.04, 1514.05,

7

1514.06, 1514.09, 1514.11, 1514.99, 1515.10,

8

1515.211, 1517.02, 1517.10, 1517.11, 1520.02,

9

1520.03, 1520.05, 1520.07, 1521.01, 1521.04,

10

1521.05, 1521.06, 1521.061, 1521.062, 1521.064,

11

1521.13, 1521.14, 1521.18, 1521.19, 1521.99,

12

1531.01, 1531.02, 1531.04, 1531.06, 1531.10,

13

1531.20, 1531.27, 1531.99, 1533.07, 1533.08,

14

1533.09, 1533.10, 1533.11, 1533.12, 1533.131,

15

1533.171, 1533.42, 1533.632, 1533.68, 1533.86,

16

1533.882, 1533.99, 1541.03, 1541.05, 1541.40,

17

1547.05, 1547.08, 1547.51, 1547.54, 1547.541,

18

1547.99, 1548.02, 1567.35, 2923.35, 2933.43,

19

4115.04, and 5749.02; to enact sections 303.141,

20

519.141, 1513.075, 1513.081, 1513.171, 1513.182,

21

1513.371, 1514.011, 1514.051, 1514.40 to 1514.47,

22

1514.50, 1515.093, 1548.031, 1548.032, 1561.011,

23

1563.01, 1565.01, 1567.01, 1571.011, 2305.041,

24

5577.081, and 5749.11; and to repeal sections

25

1502.11, 1513.10, 1521.08, and 1533.78 of the

26

Revised Code to revise the statutes governing the

27

Department of Natural Resources; to make changes

28

to the law governing coal mining, including

29

increasing the severance tax on coal and revising

30

the distribution of revenue from that tax; to make

31

changes to the law governing the mining of

32

industrial minerals, including revising zoning

33

provisions related to such mining; and to make

34

other changes.

35

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

Section 1. That sections 123.04, 303.14, 307.37, 519.14,	36
1501.011, 1501.02, 1501.07, 1501.23, 1501.32, 1502.01, 1502.03,	37
1502.12, 1504.02, 1506.04, 1507.01, 1510.04, 1511.021, 1513.01,	38
1513.02, 1513.07, 1513.071, 1513.08, 1513.13, 1513.16, 1513.17,	39
1513.18, 1513.181, 1513.29, 1513.30, 1513.37, 1514.01, 1514.03,	40
1514.04, 1514.05, 1514.06, 1514.09, 1514.11, 1514.99, 1515.10,	41
1515.211, 1517.02, 1517.10, 1517.11, 1520.02, 1520.03, 1520.05,	42
1520.07, 1521.01, 1521.04, 1521.05, 1521.06, 1521.061, 1521.062,	43
1521.064, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1531.01,	44
1531.02, 1531.04, 1531.06, 1531.10, 1531.20, 1531.27, 1531.99,	45
1533.07, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131,	46
1533.171, 1533.42, 1533.632, 1533.68, 1533.86, 1533.882, 1533.99,	47
1541.03, 1541.05, 1541.40, 1547.05, 1547.08, 1547.51, 1547.54,	48
1547.541, 1547.99, 1548.02, 1567.35, 2923.35, 2933.43, 4115.04,	49
and 5749.02 be amended and sections 303.141, 519.141, 1513.075,	50
1513.081, 1513.171, 1513.182, 1513.371, 1514.011, 1514.051,	51
1514.40, 1514.41, 1514.42, 1514.43, 1514.44, 1514.45, 1514.46,	52
1514.47, 1514.50, 1515.093, 1548.031, 1548.032, 1561.011, 1563.01,	53
1565.01, 1567.01, 1571.011, 2305.041, 5577.081, and 5749.11 of the	54
Revised Code be enacted to read as follows:	55

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

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

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

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

70

(A) Hear and decide appeals where it is alleged there is	71
error in any order, requirement, decision, or determination made	72
by an administrative official in the enforcement of sections	73
303.01 to 303.25 of the Revised Code, or of any resolution adopted	74
pursuant thereto;	75

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

(C) Grant conditional zoning certificates for the use of	82
land, buildings, or other structures if such certificates for	83
specific uses are provided for in the zoning resolution;. If the	84
board considers conditional zoning certificates for activities	85
that are permitted and regulated under Chapter 1514. of the	86
Revised Code or activities that are related to making finished	87
aggregate products, the board shall proceed in accordance with	88
section 303.141. of the Revised Code.	89

(D) Revoke an authorized variance or conditional zoning	90
certificate granted for the extraction of minerals, if any	91
condition of the variance or certificate is violated.	92

The board shall notify the holder of the variance or	93
certificate by certified mail of its intent to revoke the variance	94
or certificate under division (D) of this section and of histhe	95
holder's right to a hearing before the board within thirty days of	96
the mailing of the notice if hethe holder so requests. If the	97
holder requests a hearing, the board shall set a time and place	98
for the hearing and notify the holder. At the hearing, the holder	99
may appear in person, by his attorney, or by other representative,	100
or hethe holder may present histhe holder's position in writing.	101
HeThe holder may present evidence and examine witnesses appearing	102
for or against himthe holder. If no hearing is requested, the	103
board may revoke the variance or certificate without a hearing.	104
The authority to revoke a variance or certificate is in addition	105
to any other means of zoning enforcement provided by law.	106

In exercising the above-mentioned powers, suchthe board may,	107
in conformity with such sections, reverse or affirm, wholly or	108
partly, or modify the order, requirement, decision, or	109
determination appealed from and may make such order, requirement,	110
decision, or determination as ought to be made, and to that end	111
has all powers of the officer from whom the appeal is taken.	112

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

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

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

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

(4) Compliance with reasonable noise abatement measures;

133

(5) Compliance with reasonable dust abatement measures;

134

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

(7) Establishment of a complaint procedure;

137

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

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

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

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

(b) The present condition of each road;

165

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) The board may adopt regulations for participation in the	276
national flood insurance program established in the "Flood	277
Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002,	278
as amended,defined in section 1521.01 of the Revised Code and	279
regulations adopted for the purposes of section 1506.04 or 1506.07	280
of the Revised Code governing the prohibition, location, erection,	281
construction, redevelopment, or floodproofing of new buildings or	282
structures, substantial improvements to existing buildings or	283
structures, or other development in unincorporated territory	284
within flood hazard areas identified under the "Flood Disaster	285
Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as	286
amended, or within Lake Erie coastal erosion areas identified	287
under section 1506.06 of the Revised Code, including, but not	288
limited to, residential, commercial, institutional, or industrial	289
buildings or structures or other permanent structures, as defined	290
in section 1506.01 of the Revised Code. Rules adopted under	291
division (B)(2) of this section shall not conflict with the state	292
residential and nonresidential building codes adopted pursuant to	293
section 3781.10 of the Revised Code.	294

(3)(a) A board may adopt regulations that provide for a	295
review of the specific effects of a proposed new construction on	296
existing surface or subsurface drainage. The regulations may	297
require reasonable drainage mitigation and reasonable alteration	298
of a proposed new construction before a building permit is issued	299
in order to prevent or correct any adverse effects that the	300
proposed new construction may have on existing surface or	301
subsurface drainage. The regulations shall not be inconsistent	302
with, more stringent than, or broader in scope than standards	303
adopted by the natural resource conservation service in the United	304
States department of agriculture concerning drainage or rules	305
adopted by the environmental protection agency for reducing,	306
controlling, or mitigating storm water runoff from construction	307
sites, where applicable. The regulations shall allow a person who	308
is registered under Chapter 4703. or 4733. of the Revised Code to	309
prepare and submit relevant plans and other documents for review,	310
provided that the person is authorized to prepare the plans and	311
other documents pursuant to the person's registration.	312

(b) If regulations are adopted under division (B)(3) of this	313
section, the board shall specify in the regulations a procedure	314
for the review of the specific effects of a proposed new	315
construction on existing surface or subsurface drainage. The	316
procedure shall include at a minimum all of the following:	317

(i) A meeting at which the proposed new construction shall be	318
examined for those specific effects. The meeting shall be held	319
within thirty days after an application for a building permit is	320
filed or a review is requested unless the applicant agrees in	321
writing to extend that time period or to postpone the meeting to	322
another date, time, or place. The meeting shall be scheduled	323
within five days after an application for a building permit is	324
filed or a review is requested.	325

(ii) Written notice of the date, time, and place of that	326
meeting, sent by regular mail to the applicant. The written notice	327
shall be mailed at least seven days before the scheduled meeting	328
date.	329

(iii) Completion of the review by the board of county	330
commissioners not later than thirty days after the application for	331
a building permit is filed or a review is requested unless the	332
applicant has agreed in writing to extend that time period or	333
postpone the meeting to a later time, in which case the review	334
shall be completed not later than two days after the date of the	335
meeting. A complete review shall include the issuance of any order	336
of the board of county commissioners regarding necessary	337
reasonable drainage mitigation and necessary reasonable	338
alterations to the proposed new construction to prevent or correct	339
any adverse effects on existing surface or subsurface drainage so	340
long as those alterations comply with the state residential and	341
nonresidential building codes adopted pursuant to section 3781.10	342
of the Revised Code. If the review is not completed within the	343
thirty-day period or an extended or postponed period that the	344
applicant has agreed to, the proposed new construction shall be	345
deemed to have no adverse effects on existing surface or	346
subsurface drainage, and those effects shall not be a valid basis	347
for the denial of a building permit.	348

(iv) A written statement, provided to the applicant at the	349
meeting or in an order for alterations to a proposed new	350
construction, informing the applicant of the right to seek	351
appellate review of the denial of a building permit under division	352
(B)(3)(b)(iii) of this section by filing a petition in accordance	353
with Chapter 2506. of the Revised Code.	354

(c) The regulations may authorize the board, after obtaining	355
the advice of the county engineer, to enter into an agreement with	356
the county engineer or another qualified person or entity to carry	357
out any necessary inspections and make evaluations about what, if	358
any, alterations are necessary to prevent or correct any adverse	359
effects that a proposed new construction may have on existing	360
surface or subsurface drainage.	361

(d) Regulations adopted pursuant to division (B)(3) of this	362
section shall not apply to any property that a platting authority	363
has approved under section 711.05, 711.09, or 711.10 of the	364
Revised Code and shall not govern the same subject matter as the	365
state residential or nonresidential building codes adopted	366
pursuant to section 3781.10 of the Revised Code.	367

(e) As used in division (B)(3) of this section, "subsurface	368
drainage" does not include a household sewage treatment system as	369
defined in section 3709.091 of the Revised Code.	370

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

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

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

(2) Each day during which an illegal location, erection,	391
construction, floodproofing, repair, alteration, development,	392
redevelopment, or maintenance continues may be considered a	393
separate offense.	394

(E) Regulations or amendments the board adopts pursuant to	395
this section, with the exception of an existing structures code,	396
do not affect buildings or structures that exist or on which	397
construction has begun on or before the date the board adopts the	398
regulation or amendment.	399

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

(2) The board may direct the building department, upon	408
certification, to exercise enforcement authority and to accept and	409
approve plans pursuant to sections 3781.03 and 3791.04 of the	410
Revised Code for the class of building for which the department	411
and personnel are certified.	412

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

413

(A) Hear and decide appeals where it is alleged there is	414
error in any order, requirement, decision, or determination made	415
by an administrative official in the enforcement of sections	416
519.02 to 519.25 of the Revised Code, or of any resolution adopted	417
pursuant thereto;	418

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

(C) Grant conditional zoning certificates for the use of	425
land, buildings, or other structures if such certificates for	426
specific uses are provided for in the zoning resolution. If the	427
board considers conditional zoning certificates for activities	428
that are permitted and regulated under Chapter 1514. of the	429
Revised Code or activities that are related to making finished	430
aggregate products, the board shall proceed in accordance with	431
section 519.141 of the Revised Code.	432

(D) Revoke an authorized variance or conditional zoning	433
certificate granted for the extraction of minerals, if any	434
condition of the variance or certificate is violated.	435

The board shall notify the holder of the variance or	436
certificate by certified mail of its intent to revoke the variance	437
or certificate under division (D) of this section and of histhe	438
holder's right to a hearing before the board, within thirty days	439
of the mailing of the notice, if hethe holder so requests. If the	440
holder requests a hearing, the board shall set a time and place	441
for the hearing and notify the holder. At the hearing, the holder	442
may appear in person, by histhe holder's attorney, or by other	443
representative, or hethe holder may present histhe holder's	444
position in writing. HeThe holder may present evidence and	445
examine witnesses appearing for or against himthe holder. If no	446
hearing is requested, the board may revoke the variance or	447
certificate without a hearing. The authority to revoke a variance	448
or certificate is in addition to any other means of zoning	449
enforcement provided by law.	450

In exercising the above-mentioned powers, suchthe board may,	451
in conformity with such sections, reverse or affirm, wholly or	452
partly, or may modify the order, requirement, decision, or	453
determination appealed from, and may make such order, requirement,	454
decision, or determination as ought to be made, and to that end	455
has all powers of the officer from whom the appeal is taken.	456

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

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

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

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

(4) Compliance with reasonable noise abatement measures;

478

(5) Compliance with reasonable dust abatement measures;

479

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

(7) Establishment of a complaint procedure;

482

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

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

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

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

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

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

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

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

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

Sec. 1501.011. (A) The department of natural resources has	525
the following powers in addition to its other powers: to prepare,	526
or contract to be prepared, surveys, general and detailed plans,	527
specifications, bills of materials, and estimates of cost for, to	528
enter into contracts for, and to supervise the performance of	529
labor, the furnishing of materials, or the construction, repair,	530
or maintenance of any projects, improvements, or buildings, on	531
lands and waters under the control of the department, as may be	532
authorized by legislative appropriations or any other funds	533
available therefor.	534

(B) Except in cases of extreme public exigency or emergency	535
as provided in division (E) of this section, the director of	536
natural resources shall publish notice in a newspaper of general	537
circulation in the countyregion where the contractactivity for	538
which bids are submitted is to be letoccur and in any other	539
newspapers that the director determines are appropriate, at least	540
once each week for four consecutive weeks, the last publication to	541
be at least eight days preceding the day for opening bids, seeking	542
proposals on each contract for the performance of labor, the	543
furnishing of materials, or the construction, repair, or	544
maintenance of projects, improvements, or buildings, as necessary	545
for compliance with provisions of the act to make appropriations	546
for capital improvements or the act to make general	547
appropriations, and hethe director may also advertise in such	548
trade journals as will afford adequate information to the public	549
of the terms of the contract and the nature of the work to be	550
performed, together with the time of the letting and place and	551
manner of receiving proposals, and the places where plans and	552
specifications are on file. A proposal is invalid and shall not be	553
considered by the department unless the form for proposals	554
specified by the department is used without change, alteration, or	555
addition.	556

(C) Each bidder for a contract for the performance of labor,	557
the furnishing of materials, or the maintenance, construction,	558
demolition, alteration, repair, or reconstruction of an	559
improvement shall meet the requirements of section 153.54 of the	560
Revised Code. The director may require each bidder to furnish him	561
under oath, upon such printed forms as hethe director may	562
prescribe, detailed information with respect to histhe bidder's	563
financial resources, equipment, past performance record,	564
organization personnel, and experience, together with such other	565
information as the director considers necessary.	566

(D) The director shall award the contract to the lowest	567
responsive and responsible bidder in accordance with section 9.312	568
of the Revised Code. The award shall be made within a reasonable	569
time after the date on which the bids were opened, and the	570
successful bidder shall enter into a contract within ten days from	571
the date hethe successful bidder is notified that hethe contract	572
has been awarded the contract, or within any longer period which	573
that the director considers necessary. When an exigency occurs, or	574
there is immediate danger of such occurrence, which would	575
materially impair the construction or completion of any project,	576
improvement, or building, the director may make necessary plan and	577
specification change orders. Nothing in this section shall	578
preclude the rejection of any bid the acceptance of which is not	579
in the best interests of the state. No contract shall be entered	580
into until the bureau of workers' compensation has certified that	581
the corporation, partnership, or person awarded the contract has	582
complied with Chapter 4123. of the Revised Code and until, if the	583
bidder awarded the contract is a foreign corporation, the	584
secretary of state has certified that suchthe corporation is	585
authorized to do business in this state, and until, if the bidder	586
so awarded the contract is a person or partnership nonresident of	587
this state, suchthe person or partnership has filed with the	588
secretary of state a power of attorney designating the secretary	589
of state as its agency for the purpose of accepting service of	590
process.	591

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

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

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

(F) The director may insert in any contract awarded under	610
this section a clause providing for value engineering change	611
proposals, under which a contractor who has been awarded a	612
contract may propose a change in the plans and specifications of	613
the project that saves the department time or money on the project	614
without impairing any of the essential functions and	615
characteristics of the project such as service life, reliability,	616
economy of operation, ease of maintenance, safety, and necessary	617
standardized features. If the director adopts the value	618
engineering proposal, the savings from the proposal shall be	619
divided between the department and the contractor according to	620
guidelines established by the director, provided that the	621
contractor shall receive at least fifty per cent of the savings	622
from the proposal. The adoption of a value engineering proposal	623
does not invalidate the award of the contract or require the	624
director to rebid the project.	625

(G) When in the opinion of the department the work under any	626
contract made under this section or any law of the state is	627
neglected by the contractor, the work completed is deficient in	628
quality or materials, or suchthe work is not prosecuted with the	629
diligence and force specified or intended in the contract, the	630
department may make requisition uponrequire the contractor for	631
such additional specific force or materials to be brought into the	632
work under such contract or to remove improper materials from the	633
grounds as in their judgment the contract and its faithful	634
fulfillment requires. Not less than five days' notice in writing	635
of such action shall be served upon the contractor or his agent in	636
charge of the workto provide, at no additional expense to the	637
department, any additional labor and materials that are necessary	638
to complete the improvements at the level of quality and within	639
the time of performance specified in the contract. Procedures	640
concerning such a requirement together with its format shall be	641
specified in the contract. If the contractor fails to comply with	642
such requisitionthe requirement within fifteen daysthe period	643
specified in the contract, the department may employ upontake	644
action to complete the work the additional force, or supply the	645
special materials or such part of either as it considers proper,	646
and may remove improper materials from the groundsthrough other	647
means, up to and including termination of the contract.	648

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

Sec. 1501.02.  The director of natural resources may enter	658
into cooperative or contractual arrangements with the United	659
States or any agency or department thereof, other states, other	660
departments and subdivisions of this state, or any other person or	661
body politic for the accomplishment of the purposes for which the	662
department of natural resources was created. The director shall	663
cooperate with, and not infringe upon the rights of, other state	664
departments, divisions, boards, commissions, and agencies,	665
political subdivisions, and other public officials and public and	666
private agencies in the conduct of conservation plans and other	667
matters in which the interests of the department of natural	668
resources and the other departments and agencies overlap.	669

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

All funds made available by the United States for the	674
exclusive use of any division shall be expended only by that	675
division and only for the purposes for which the funds were	676
appropriated. In accepting any such funds for the acquisition of	677
lands or interests in them to be used for open-space purposes	678
including park, recreational, historical, or scenic purposes, or	679
for conservation of land or other natural resources, the director	680
may agree on behalf of the state that lands or interests in them	681
acquired in part with those funds shall not be converted to other	682
uses except pursuant to further agreement between the director and	683
the United States.	684

The director shall adopt rules in accordance with Chapter	685
119. of the Revised Code establishing guidelines for entering into	686
and may enter into a cooperative or contractual arrangement with	687
any individual, agency, organization, or business entity to assist	688
the department in funding a program or project of the department,	689
its divisions, or its offices, through securing, without	690
limitation, donations, sponsorships, marketing, advertising, and	691
licensing arrangements. State moneys appropriated to the	692
department shall continue to be used as authorized and shall not	693
be redirected to any other purpose as a result of financial	694
savings resulting from the department's entering into the	695
cooperative or contractual arrangement.	696

The director may enter into a mutual aid compact with the	697
chief law enforcement officer of any federal agency, state agency,	698
county, township, municipal corporation, or other political	699
subdivision or with the superintendent of the state highway patrol	700
to enable forest officers, preserve officers, park officers, and	701
state watercraft officers and the law enforcement officers of the	702
respective federal or state agencies or political subdivisions or	703
the state highway patrol to assist each other in the provision of	704
police services within each other's jurisdiction.	705

Sec. 1501.07.  The department of natural resources through	706
the division of parks and recreation may plan, supervise, acquire,	707
construct, enlarge, improve, erect, equip, and furnish public	708
service facilities such as inns, lodges, hotels, cabinscottages,	709
camping sites, scenic trails, picnic sites, restaurants,	710
commissaries, golf courses, boating and bathing facilities, and	711
other similar facilities in state parks reasonably necessary and	712
useful in promoting the public use of state parks under its	713
control and may purchase lands or interests in lands in the name	714
of the state necessary for suchthose purposes.	715

The chief of the division of parks and recreation shall	716
administer state parks, establish rules, fix fees and charges for	717
admission to parks and for the use of public service facilities	718
therein, establish rentals for the lease of lands or interests	719
therein within a state park the chief is authorized by law to	720
lease, and exercise all powers of the chief, in conformity with	721
all covenants of the director of natural resources in or with	722
respect to state park revenue bonds and trust agreements securing	723
such bonds and all terms, provisions, and conditions of such bonds	724
and trust agreements. In the administration of state parks with	725
respect to which state park revenue bonds are issued and	726
outstanding, or any part of the moneys received from fees and	727
charges for admission to or the use of facilities, from rentals	728
for the lease of lands or interests or facilities therein, or for	729
the lease of public service facilities are pledged for any such	730
bonds, the chief shall exercise the powers and perform the duties	731
of the chief subject to the control and approval of the director.	732
The acquisition of such lands or interests therein and facilities	733
shall be planned with regard to the needs of the people of the	734
state and with regard to the purposes and uses of such state parks	735
and, except for facilities constructed in consideration of a lease	736
under section 1501.012 of the Revised Code, shall be paid for from	737
the state park fund created in section 1541.22 of the Revised Code	738
or from the proceeds of the sale of bonds issued under sections	739
1501.12 to 1501.15 of the Revised Code. Sections 125.81 and 153.04	740
of the Revised Code, insofar as they require a certification by	741
the chief of the division of capital planning and improvement, do	742
not apply to the acquisition of lands or interests therein and	743
public service facilities to be paid for from the proceeds of	744
bonds issued under sections 1501.12 to 1501.15 of the Revised	745
Code.	746

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

(A) State reservoirs described and identified in section	749
1541.06 of the Revised Code;	750

(B) All lands or interests therein whichthat are denominated	751
as state parks in division (B) of section 1531.12 and in section	752
1541.083 of the Revised Code;	753

(C) All lands or interests therein of the state identified as	754
administered by the division of parks and recreation in the	755
"inventory of state owned lands administered by department of	756
natural resources as of June 1, 1963," as recorded in the journal	757
of the director, which inventory was prepared by the real estate	758
section of the department and is supported by maps on file in the	759
division of real estate and land management;	760

(D) All lands or interests in lands of the state hereafter	761
designated as state parks in the journal of the director with the	762
approval of the recreation and resources council.	763

All such state parks shall be exclusively under the control	764
and administration of the division of parks and recreation. With	765
the approval of the council, the director by order may remove from	766
the classification as state parks any of the lands or interests	767
therein so classified by divisions (C) and (D) of this section,	768
subject to the limitations, provisions, and conditions in any	769
order authorizing state park revenue bonds or in any trust	770
agreement securing such bonds. Lands or interests therein so	771
removed shall be transferred to other divisions of the department	772
for administration or may be sold as provided by law. Proceeds of	773
any sale shall be used or transferred as provided in the order	774
authorizing state park revenue bonds or in the trust agreement	775
and, if no such provision is made, shall be transferred to the	776
state park fund. State parks do not include any lands or interest	777
in lands of the state administered jointly by two or more	778
divisions of the department. The designation of lands as state	779
parks under divisions (A) to (D) of this section shall be	780
conclusive, and those lands shall be under the control of and	781
administered by the division of parks and recreation. No order or	782
proceeding designating lands as state parks or park purchase areas	783
shall be subject to any appeal or review by any officer, board,	784
commission, or court.	785

Sec. 1501.23.  The department of natural resources may	786
utilize the services of volunteers to implement clean-up and	787
beautification programs or any other programs that accomplish any	788
of the purposes of the department. The director of natural	789
resources shall approve all volunteer programs and may recruit,	790
train, and supervise the services of community volunteers or	791
volunteer groups for volunteer programs. In accordance with state	792
guidelines, the director may reimburse volunteers for necessary	793
and appropriate expenses, such as travel expenses, that they incur	794
in the course of their volunteer service to the department. The	795
director may designate volunteers in a volunteer program as state	796
employees for the purpose of motor vehicle accident liability	797
insurance under section 9.83 of the Revised Code, for the purpose	798
of immunity under section 9.86 of the Revised Code, and for the	799
purpose of indemnification from liability incurred in the	800
performance of their duties under section 9.87 of the Revised	801
Code.	802

Sec. 1501.32.  (A) No person shall divert more than one	803
hundred thousand gallons per day of any waters of the state out of	804
the Lake Erie or Ohio river drainage basins to another basin	805
without having a permit to do so issued by the director of natural	806
resources. An application for such a permit shall be filed with	807
the director upon such forms as hethe director prescribes. The	808
application shall state the quantity of water to be diverted, the	809
purpose of the diversion, the life of the project for which the	810
water is to be diverted, and such other information as the	811
director may require by rule. Each application shall be	812
accompanied by a nonrefundable fee of one thousand dollars, which	813
shall be credited to the water management fund, which is hereby	814
created.	815

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

(1) During the life of the project for which the water is to	819
be diverted, some or all of the water to be diverted will be	820
needed for use within the basin;.	821

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

(3) The applicant has not demonstrated that the proposed	824
diversion is a reasonable and beneficial use and is necessary to	825
serve the applicant's present and future needs;.	826

(4) The applicant has not demonstrated that reasonable	827
efforts have been made to develop and conserve water resources in	828
the importing basin and that further development of those	829
resources would engender overriding, adverse economic, social, or	830
environmental impacts;.	831

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

(6) The proposed diversion, alone or in combination with	834
other diversions and water losses, will have a significant adverse	835
impact on in-stream uses or on economic or ecological aspects of	836
water levels.	837

The director may hold public hearings upon any application	838
for a permit.	839

(C) Whenever the director receives an application under this	840
section to divert water out of the Lake Erie drainage basin, he	841
the director shall notify the governors and premiers of the other	842
great lakes states and provinces, the appropriate water management	843
agencies of those states and provinces, and, when appropriate, the	844
international joint commission and shall solicit their comments	845
and concerns regarding the application. In the event of an	846
objection to the proposed diversion, the director shall consult	847
with the affected great lakes states and provinces to consider the	848
issues involved and seek mutually agreeable recommendations.	849
Before rendering a decision on the permit application, the	850
director shall consider the concerns, comments, and	851
recommendations of the other great lakes states and provinces and	852
the international joint commission, and, in accordance with	853
section 1109 of the "Water Resources Development Act of 1986," 100	854
Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall not approve a	855
permit application for any diversion to which that section	856
pertains unless that diversion is approved by the governor of each	857
great lakes state as defined in section 1109(c) of that act.	858

(D) The director shall determine the period for which each	859
permit approved under this section will be valid and specify the	860
expiration date, but in no case shall a permit be valid beyond the	861
life of the project as stated in the application.	862

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

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

(a) Notify the applicant that an application hethe applicant	869
filed under this section is approved or denied and, if denied, the	870
reason for denial;	871

(b) Notify the applicant of any modification necessary to	872
qualify the application for approval.	873

(2) Any person who receives notice of a denial or	874
modification under division (E)(1) of this section is entitled to	875
a hearing under Chapter 119. of the Revised Code if the person	876
sends a written request for a hearing to the director within	877
thirty days after the date on which the notice is mailed or	878
otherwise provided to the applicant.	879

(F) The director shall revoke a permit under this section	880
without a prior hearing if hethe director determines that the	881
quantity of water being diverted exceeds the quantity stated in	882
the permit application.	883

The director may suspend a permit if hethe director	884
determines that the continued diversion of water will endanger the	885
public health, safety, or welfare. Before suspending a permit, the	886
director shall make a reasonable attempt to notify the permittee	887
that hethe director intends to suspend the permit. If the attempt	888
fails, notification shall be given as soon as practicable	889
following the suspension. Within five days after the suspension,	890
the director shall provide the permittee an opportunity to be	891
heard and to present evidence that the continued diversion of	892
water will not endanger the public health, safety, or welfare.	893

If the director determines before the expiration date of a	894
suspended permit that the diversion of water can be resumed	895
without danger to the public health, safety, or welfare, hethe	896
director shall, upon request of the permittee, reinstate the	897
permit.	898

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

The petition shall identify the permittee and detail the	903
reasons why the petitioners believe that grounds exist for the	904
revocation or suspension of the permit under this section.	905

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

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

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

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

Sec. 1502.01.  As used in this chapter:

927

(A) "Litter" means garbage, trash, waste, rubbish, ashes,	928
cans, bottles, wire, paper, cartons, boxes, automobile parts,	929
furniture, glass, or anything else of an unsightly or unsanitary	930
nature thrown, dropped, discarded, placed, or deposited by a	931
person on public property, on private property not owned by the	932
person, or in or on waters of the state unless one of the	933
following applies:	934

(1) The person has been directed to do so by a public	935
official as part of a litter collection drive;.	936

(2) The person has thrown, dropped, discarded, placed, or	937
deposited the material in a receptacle in a manner that prevented	938
its being carried away by the elements;.	939

(3) The person has been issued a permit or license covering	940
the material pursuant to Chapter 3734. or 6111. of the Revised	941
Code.	942

(B) "Recycling" means the process of collecting, sorting,	943
cleansing, treating, and reconstituting waste or other discarded	944
materials for the purpose of recovering and reusing the materials.	945

(C) "Agency of the state" includes, but is not limited to, an	946
"agency" subject to Chapter 119. of the Revised Code and a "state	947
university or college" as defined in section 3345.12 of the	948
Revised Code.	949

(D) "WasteSource reduction" means activities that decrease	950
the initial production of waste materials at their point of	951
origin.	952

(E) "Enterprise" means a business with its principal place of	953
business in this state and that proposes to engage in research and	954
development or recycling in this state.	955

(F) "Research and development" means inquiry,	956
experimentation, or demonstration to advance basic scientific or	957
technical knowledge or the application, adaptation, or use of	958
existing or newly discovered scientific or technical knowledge	959
regarding recycling, wastesource reduction, or litter prevention.	960

(G) "Recyclables" means waste materials that are collected,	961
separated, or processed and used as raw materials or products.	962

(H) "Recycling market development" means activities that	963
stimulate the demand for recycled products, provide for a	964
consistent supply of recyclables to meet the needs of recycling	965
industries, or both.	966

(I) "Solid waste management districts" means solid waste	967
management districts established under Chapter 343. of the Revised	968
Code.	969

(J) "Synthetic rubber" means produced or extended rubber and	970
products made from a synthetic rubber base material originating	971
from petrochemical feedstocks, including scrap tires, tire molds,	972
automobile engine belts, brake pads and hoses, weather stripping,	973
fittings, electrical insulation, and other molded objects and	974
parts.	975

Sec. 1502.03.  (A) The chief of the division of recycling and	976
litter prevention shall establish and implement statewide waste	977
source reduction, recycling, recycling market development, and	978
litter prevention programs that include all of the following:	979

(1) The assessment of waste generation within the state and	980
implementation of wastesource reduction practices;	981

(2) The implementation of recycling and recycling market	982
development activities and projects, including all of the	983
following:	984

(a) Collection of recyclables;

985

(b) Separation of recyclables;

986

(c) Processing of recyclables;

987

(d) Facilitation and encouragement of the use of recyclables	988
and products made with recyclables;	989

(e) Education and training concerning recycling and products	990
manufactured with recyclables;	991

(f) Public awareness campaigns to promote recycling;

992

(g) Other activities and projects that promote recycling and	993
recycling market development.	994

(3) Litter prevention assistance to enforce antilitter laws,	995
educate the public, and stimulate collection and containment of	996
litter;	997

(4) Research and development regarding wastesource	998
reduction, recycling, and litter prevention, including, without	999
limitation, research and development regarding materials or	1000
products manufactured with recyclables.	1001

(B) The chief, with the approval of the director of natural	1002
resources, may enter into contracts or other agreements and may	1003
execute any instruments necessary or incidental to the discharge	1004
of the chief's responsibilities under this chapter.	1005

Sec. 1502.12. (A) There is hereby created in the state	1006
treasury the scrap tire grant fund, consisting of moneys	1007
transferred to the fund under section 3734.82 of the Revised Code.	1008
The chief of the division of recycling and litter prevention, with	1009
the approval of the director of natural resources, may make grants	1010
from the fund for the purpose of supporting market development	1011
activities for scrap tires and synthetic rubber from tire	1012
manufacturing processes and tire recycling processes. The grants	1013
may be awarded to individuals, businesses, and entities certified	1014
under division (A) of section 1502.04 of the Revised Code.	1015

(B) Projects and activities that are eligible for grants	1016
under this section shall be evaluated for funding using, at a	1017
minimum, the following criteria:	1018

(1) The degree to which a proposed project contributes to the	1019
increased use of scrap tires generated in this state;	1020

(2) The degree of local financial support for a proposed	1021
project;	1022

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

1023

Sec. 1504.02.  (A) The division of real estate and land	1024
management shall do all of the following:	1025

(1) Except as otherwise provided in the Revised Code,	1026
coordinate and conduct all real estate functions for the	1027
department of natural resources, including at least acquisitions	1028
by purchase, lease, gift, devise, bequest, appropriation, or	1029
otherwise; grants through sales, leases, exchanges, easements, and	1030
licenses; inventories of land; and other related general	1031
management duties;	1032

(2) Assist the department and its divisions by providing	1033
department-wide planning, including at least master planning,	1034
comprehensive planning, capital improvements planning, and special	1035
purpose planning such as trails coordination and planning under	1036
section 1519.03 of the Revised Code;	1037

(3) On behalf of the director of natural resources,	1038
administer the coastal management program established under	1039
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised	1040
Code and consult with and provide coordination among state	1041
agencies, political subdivisions, the United States and agencies	1042
of it, and interstate, regional, and areawide agencies to assist	1043
the director in executing the director's duties and	1044
responsibilities under that program and to assist the department	1045
as the lead agency for the development and implementation of the	1046
program;	1047

(4) On behalf of the director, administer sections 1506.10	1048
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code;	1049

(5) Cooperate with the United States and agencies of it and	1050
with political subdivisions in administering federal recreation	1051
moneys under the "Land and Water Conservation Fund Act of 1965,"	1052
78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare and	1053
distribute the statewide comprehensive outdoor recreation plan;	1054
and administer the state recreational vehicle fund created in	1055
section 4519.11 of the Revised Code;	1056

(6)(a) Support the geographic information system needs for	1057
the department as requested by the director, which shall include,	1058
but not be limited to, all of the following:	1059

(i) Assisting in the training and education of department	1060
resource managers, administrators, and other staff in the	1061
application and use of geographic information system technology;	1062

(ii) Providing technical support to the department in the	1063
design, preparation of data, and use of appropriate geographic	1064
information system applications in order to help solve resource	1065
related problems and to improve the effectiveness and efficiency	1066
of department delivered services;	1067

(iii) Creating, maintaining, and documenting spatial digital	1068
data bases for the division and for other divisions as assigned by	1069
the director.	1070

(b) Provide information to and otherwise assist government	1071
officials, planners, and resource managers in understanding land	1072
use planning and resource management;	1073

(c) Provide continuing assistance to local government	1074
officials and others in natural resource digital data base	1075
development and in applying and utilizing the geographic	1076
information system for land use planning, current agricultural use	1077
value assessment, development reviews, coastal management, and	1078
other resource management activities;	1079

(d) Coordinate and administer the remote sensing needs of the	1080
department, including the collection and analysis of aerial	1081
photography, satellite data, and other data pertaining to land,	1082
water, and other resources of the state;	1083

(e) Prepare and publish maps and digital data relating to the	1084
state's land use and land cover over time on a local, regional,	1085
and statewide basis;	1086

(f) Locate and distribute hard copy maps, digital data,	1087
aerial photography, and other resource data and information to	1088
government agencies and the public.	1089

(7) Prepare special studies and execute any other duties,	1090
functions, and responsibilities requested by the director.	1091

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

1092

(1) Coordinate such environmental matters concerning the	1093
department and the state as are necessary to comply with the	1094
"National Environmental Policy Act of 1969," 83 Stat. 852, 42	1095
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act	1096
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water	1097
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, as	1098
amended, and regulations adopted under those acts;	1099

(2) On behalf of the director, administer Chapter 1520. of	1100
the Revised Code, except divisions (B) to (F) of section 1520.03	1101
of the Revised Code, division (A) of section 1520.04 of the	1102
Revised Code as it pertains to those divisions, and section	1103
1520.05 of the Revised CodeWith the approval of the director,	1104
coordinate and administer compensatory mitigation grant programs	1105
and other programs for streams and wetlands as approved in	1106
accordance with certifications and permits issued under sections	1107
401 and 404 of the "Federal Water Pollution Control Act", 91 Stat.	1108
1566(1977), 33 U.S.C.A. 1251, as amended, by the environmental	1109
protection agency and the United States army corps of engineers;	1110

(3) Administer any state or federally funded grant program	1111
that is related to natural resources and recreation as considered	1112
necessary by the director.	1113

Sec. 1506.04.  (A) No later than six months after the	1114
effective date of this sectionSeptember 15, 1989, each county or	1115
municipal corporation within whose jurisdiction is a coastal flood	1116
hazard area shall either participate in and remain in compliance	1117
with the national flood insurance program established in the	1118
"Flood Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A.	1119
4002, as amended, or shall adopt resolutions or ordinances	1120
governing the coastal flood hazard area that meet or exceed the	1121
standards required for participation in the regular phase of the	1122
national flood insurance program.	1123

(B) If the director of natural resources determines at any	1124
time that a county or municipal corporation that is participating	1125
in the national flood insurance program as described in division	1126
(A) of this section or has adopted resolutions or ordinances under	1127
that division (A) of this section is not in compliance with that	1128
program or those resolutions or ordinances, as applicable, hethe	1129
director shall so notify the legislative authority of the county	1130
or municipal corporation and shall also notify the legislative	1131
authority that it may respond to histhe determination in	1132
accordance with the procedure for doing so established by rules	1133
adopted under section 1506.02 of the Revised Code. If after	1134
considering the legislative authority's response the director	1135
determines that the county or municipal corporation is still not	1136
in compliance with the national flood insurance program or	1137
resolutions or ordinances adopted under division (A) of this	1138
section, as applicable, hethe director may request the attorney	1139
general in writing to, and the attorney general shall, bring an	1140
action for appropriate relief in a court of competent jurisdiction	1141
against the county or municipal corporation.	1142

(C) The attorney general, upon the written request of the	1143
director, shall bring an action for appropriate relief in a court	1144
of competent jurisdiction against any development that meets both	1145
of the following criteria:	1146

(1) Is located in a county or municipal corporation that is	1147
not in compliance with division (A) of this section;	1148

(2) Is not in compliance with the standards of the national	1149
flood insurance program established in the "Flood Disaster	1150
Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as	1151
amended.	1152

As used in this division, "development" means any artificial	1153
change to improved or unimproved real estate, including, without	1154
limitation, the construction of buildings and other structures and	1155
mining, dredging, filling, grading, paving, excavation, and	1156
drilling operations.	1157

(D) This section does not apply to any permits or approvals	1158
issued by any state agency prior to the effective date of rules	1159
adopted under section 1506.02 of the Revised Code for the	1160
implementation of this section.	1161

(E) As used in this section, "national flood insurance	1162
program" and "development" have the same meanings as in section	1163
1521.01 of the Revised Code.	1164

Sec. 1507.01.  There is hereby created in the department of	1165
natural resources the division of engineering to be administered	1166
by the chief engineer of the department, who shall be a	1167
professional engineer registered under Chapter 4733. or a	1168
professional architect certified under Chapter 4703. of the	1169
Revised Code. The chief engineer shall do all of the following:	1170

(A) Administer this chapter;

1171

(B) Provide engineering, architectural, land surveying, and	1172
related administrative and maintenance support services to the	1173
other divisions in the department;	1174

(C) Upon request of the director of natural resources,	1175
implement the department's capital improvement program and	1176
facility maintenance projects, including all associated	1177
engineering, architectural, design, contracting, surveying,	1178
inspection, and management responsibilities and requirements;	1179

(D) With the approval of the director, act as contracting	1180
officer in departmental engineering, architectural, surveying, and	1181
construction matters regarding capital improvements except for	1182
those matters otherwise specifically provided for in law;	1183

(E) Provide engineering support for the coastal management	1184
program established under Chapter 1506. of the Revised Code;	1185

(F) Coordinate the department's roadway maintenance program	1186
with the department of transportation pursuant to section 5511.05	1187
of the Revised Code and maintain the roadway inventory of the	1188
department of natural resources;	1189

(G) Coordinate the department's projects, programs, policies,	1190
procedures, and activities with the United States army corps of	1191
engineers;	1192

(H) Subject to the approval of the director, employ	1193
professional and technical assistants and such other employees as	1194
are necessary for the performance of the activities required or	1195
authorized under this chapter, other work of the division, and any	1196
other work agreed to under working agreements or contractual	1197
arrangements; prescribe their duties; and fix their compensation	1198
in accordance with such schedules as are provided by law for the	1199
compensation of state employees.	1200

Sec. 1510.04.  (A) Independent producers in this state may	1201
present the technical advisory council with a petition signed by	1202
the lesser of one hundred or ten per cent of all such producers	1203
requesting that the council hold a referendum in accordance with	1204
section 1510.05 of the Revised Code to establish a marketing	1205
program for oil and natural gas or to amend an existing program.	1206

(B) At the time of presentation of the petition to the	1207
council under division (A) of this section, the petitioners also	1208
shall present the proposed program or amendment, which shall	1209
include all of the following:	1210

(1) The rate of assessment to be made on the production of	1211
oil and natural gas in this state, which shall not exceed one cent	1212
five cents per each gross barrel of oil and one-tenth of one cent	1213
per thousand cubic feet of natural gas;	1214

(2) Terms, conditions, limitations, and other qualifications	1215
for assessment;	1216

(3) Procedures to refund the assessment.

1217

(C) Before making a decision under this division to approve	1218
or disapprove a proposed program or amendment, the council shall	1219
publish in at least two appropriate periodicals designated by the	1220
council a notice that the program or amendment has been proposed	1221
and informing interested persons of the procedures for submitting	1222
comments regarding the proposal. After publishing the notice, the	1223
council shall provide interested persons with a copy of the	1224
proposed program or amendment and an opportunity to comment on the	1225
proposed program or amendment for thirty days after the	1226
publication of the notice. The petitioners may make changes to the	1227
proposed program or amendment based upon the comments received.	1228
The council may make technical changes to the proposal to ensure	1229
compliance with this chapter. Subsequent to any changes made by	1230
the petitioners or any technical changes made by the council to a	1231
proposed program or amendment, the council may approve or	1232
disapprove the proposed program or amendment.	1233

(D) If the council approves the proposed program or	1234
amendment, with any changes made under division (C) of this	1235
section, the council shall hold a referendum in accordance with	1236
section 1510.05 of the Revised Code to establish a marketing	1237
program for oil and natural gas or to amend an existing program.	1238

Sec. 1511.021.  (A) Any person who owns or operates	1239
agricultural land or a concentrated animal feeding operation may	1240
develop and operate under an operation and management plan	1241
approved by the chief of the division of soil and water	1242
conservation under section 1511.02 of the Revised Code or by the	1243
supervisors of the local soil and water conservation district	1244
under section 1515.08 of the Revised Code.	1245

(B) Any person who wishes to make a complaint regarding	1246
nuisances involving agricultural pollution may do so onlyorally	1247
or by submitting a written, signed, and dated complaint to the	1248
chief or to the chief's designee. After receiving an oral	1249
complaint, the chief or the chief's designee may cause an	1250
investigation to be conducted to determine whether agricultural	1251
pollution has occurred or is imminent. After receiving a written,	1252
signed, and dated complaint, the chief or the chief's designee	1253
shall cause such an investigation to be conducted.	1254

(C) In a private civil action for nuisances involving	1255
agricultural pollution, it is an affirmative defense if the person	1256
owning, operating, or otherwise responsible for agricultural land	1257
or a concentrated animal feeding operation is operating under and	1258
in substantial compliance with an approved operation and	1259
management plan developed under division (A) of this section, with	1260
an operation and management plan developed by the chief under	1261
section 1511.02 of the Revised Code or by the supervisors of the	1262
local soil and water conservation district under section 1515.08	1263
of the Revised Code, or with an operation and management plan	1264
required by an order issued by the chief under division (G) of	1265
section 1511.02 of the Revised Code. Nothing in this section is in	1266
derogation of the authority granted to the chief in division (E)	1267
of section 1511.02 and in section 1511.07 of the Revised Code.	1268

Sec. 1513.01.  As used in this chapter:

1269

(A) "Approximate original contour" means that surface	1270
configuration achieved by backfilling and grading of a mined area	1271
so that the reclaimed area, including any terracing or access	1272
roads, closely resembles the general surface configuration of the	1273
land prior to mining and blends into and complements the drainage	1274
pattern of the surrounding terrain, with all highwalls and spoil	1275
piles eliminated; water impoundments may be permitted where the	1276
chief of the division of mineral resources management determines	1277
that they are in compliance with division (A)(8) of section	1278
1513.16 of the Revised Code.	1279

(B) "Coal mining and reclamation operations" means coal	1280
mining operations and all activities necessary and incident to the	1281
reclamation of such operations.	1282

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

1283

(D) "Deposition of sediment" means placing or causing to be	1284
placed in any waters of the state, in stream beds on or off the	1285
land described in an application for a coal mining permit, or upon	1286
other lands any organic or inorganic matter that settles or is	1287
capable of settling to the bottom of the waters and onto the beds	1288
or lands.	1289

(E) "Imminent danger to the health and safety of the public"	1290
means the existence of any condition or practice or violation of a	1291
permit or other requirement of this chapter or rule adopted	1292
thereunder in a coal mining and reclamation operation, which	1293
condition, practice, or violation could reasonably be expected to	1294
cause substantial physical harm to persons outside the permit area	1295
before the condition, practice, or violation can be abated. A	1296
reasonable expectation of death or serious injury before abatement	1297
exists if a rational person subjected to the same conditions or	1298
practices giving rise to the peril would not expose oneself to the	1299
danger during the time necessary for abatement.	1300

(F) "Lands eligible for remining" means those lands that	1301
otherwise would be eligible for expenditures under division (C)(1)	1302
of section 1513.37 of the Revised Code.	1303

(G) "Mountain top removal" means a coal mining operation that	1304
will remove an entire coal seam or seams running through the upper	1305
fraction of a mountain, ridge, or hill by removing all of the	1306
overburden and creating a level plateau with no highwalls	1307
remaining instead of restoring to approximate original contour,	1308
and is capable of supporting postmining uses in accordance with	1309
the requirements established by the chief.	1310

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

1311

(1) Activities conducted on the surface of lands in	1312
connection with a coal mine, the removal of coal from coal refuse	1313
piles, and surface impacts incident to an underground coal mine.	1314
Such activities include excavation for the purpose of obtaining	1315
coal, including such common methods as contour, strip, auger,	1316
mountaintop removal, box cut, open pit, and area mining; the use	1317
of explosives and blasting; in situ distillation or retorting;	1318
leaching or other chemical or physical processing; and the	1319
cleaning, concentrating, or other processing or preparation of	1320
coal. Such activities also include the loading of coal at or near	1321
the mine site. Such activities do not include any of the	1322
following:	1323

(a) The extraction of coal incidental to the extraction of	1324
other minerals if the weight of coal extracted is less than	1325
one-sixth the total weight of minerals removed, including coal;	1326

(b) The extraction of coal as an incidental part of federal,	1327
state, or local highway or other government-financed construction	1328
when approved by the chief;	1329

(c) Coal exploration subject to section 1513.072 of the	1330
Revised Code.	1331

(2) The areas upon which such activities occur or where such	1332
activities disturb the natural land surface. Such areas include	1333
any adjacent land the use of which is incidental to any such	1334
activities, all lands affected by the construction of new roads or	1335
the improvement or use of existing roads to gain access to the	1336
site of such activities, and for hauling, and excavation,	1337
workings, impoundments, dams, ventilation shafts, entryways,	1338
refuse banks, dumps, stockpiles, overburden piles, spoil banks,	1339
culm banks, holes or depressions, repair areas, storage areas,	1340
processing areas, shipping areas, and other areas upon which are	1341
sited structures, facilities, or other property or materials on	1342
the surface, resulting from or incident to such activities.	1343
Separation by a stream, roadway, or utility easement does not	1344
preclude two or more contiguous tracts of land from being	1345
considered contiguous.	1346

(I) "Operator" means any person conducting a coal mining	1347
operation.	1348

(J) "Overburden" means all of the earth and other materials,	1349
except topsoil, covering a natural deposit of coal, and also means	1350
such earth and other materials after removal from their natural	1351
state in the process of coal mining.	1352

(K) "Permit" means a permit to conduct coal mining and	1353
reclamation operations issued by the chief pursuant to section	1354
1513.07 or 1513.074 of the Revised Code.	1355

(L) "Permit area" means the area of land to be affected	1356
indicated on the approved map submitted by the operator with the	1357
application required by section 1513.07 or 1513.074 of the Revised	1358
Code.	1359

(M) "Person" has the same meaning as in section 1.59 of the	1360
Revised Code and also includes any political subdivision,	1361
instrumentality, or agency of this state or the United States.	1362

(N) "Pollution" means placing any sediments, solids, or	1363
waterborne mining related wastes, including, but not limited to,	1364
acids, metallic cations, or their salts, in excess of amounts	1365
prescribed by the chief into any waters of the state or affecting	1366
the properties of any waters of the state in a manner that renders	1367
those waters harmful or inimical to the public health, or to	1368
animal or aquatic life, or to the use of the waters for domestic	1369
water supply, industrial or agricultural purposes, or recreation.	1370

(O) "Prime farmland" has the same meaning as that previously	1371
prescribed by the secretary of the United States department of	1372
agriculture as published in the federal register on August 23,	1373
1977, or subsequent revisions thereof, on the basis of such	1374
factors as moisture availability, temperature regime, chemical	1375
balance, permeability, surface layer composition, susceptibility	1376
to flooding, and erosion characteristics and that historically has	1377
been used for intensive agricultural purposes, and as published in	1378
the rules adopted pursuant to this chapter.	1379

(P) "Reclamation" means backfilling, grading, resoiling,	1380
planting, and other work that has the effect of restoring an area	1381
of land affected by coal mining so that it may be used for forest	1382
growth, grazing, agricultural, recreational, and wildlife purpose,	1383
or some other useful purpose of equal or greater value than	1384
existed prior to any mining.	1385

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

1386

(R) "Steep slope" means any slope above twenty degrees or	1387
such lesser slope as may be defined by the chief after considering	1388
soil, climate, and other characteristics of a region.	1389

(S) "Strip mining" means those coal mining and reclamation	1390
operations incident to the extraction of coal from the earth by	1391
removing the materials over a coal seam, before recovering the	1392
coal, by auger coal mining, or by recovery of coal from a deposit	1393
that is not in its original geologic location.	1394

(T) "Unwarranted failure to comply" means the failure of a	1395
permittee to prevent the occurrence of any violation of any	1396
requirement of this chapter due to indifference, lack of	1397
diligence, or lack of reasonable care, or the failure to abate any	1398
violation of the permit or this chapter due to indifference, lack	1399
of diligence, or lack of reasonable care.	1400

(U) "Waters of the state" means all streams, lakes, ponds,	1401
marshes, watercourses, waterways, wells, springs, irrigation	1402
systems, drainage systems, and other bodies or accumulations of	1403
water, surface or underground, natural or artificial, regardless	1404
of the depth of the strata in which underground water is located,	1405
that are situated wholly or partly within, or border upon, this	1406
state, or are within its jurisdiction.	1407

(V) "Public roadway" means a road that is all of the	1408
following:	1409

(1) Designated as a public road in the jurisdiction within	1410
which it is located;	1411

(2) Constructed in a manner consistent with other public	1412
roads within the jurisdiction within which it is located;	1413

(3) Regularly maintained with public funds;

1414

(4) Subject to and available for substantial use by the	1415
public.	1416

(W) "Performance security" means a form of financial	1417
assurance, including, without limitation, a surety bond issued by	1418
a surety licensed to do business in this state; an annuity; cash;	1419
a negotiable certificate of deposit; an irrevocable letter of	1420
credit that automatically renews; a negotiable bond of the United	1421
States, this state, or a municipal corporation in this state; a	1422
trust fund of which the state is named a conditional beneficiary;	1423
or other form of financial guarantee or financial assurance that	1424
is acceptable to the chief.	1425

Sec. 1513.02.  (A) The division of mineral resources	1426
management shall administer, enforce, and implement this chapter.	1427
The chief of the division of mineral resources management shall do	1428
all of the following:	1429

(1) Adopt, amend, and rescind rules:

1430

(a) To administer and enforce this chapter;

1431

(b) To implement the requirements of this chapter for the	1432
reclamation of lands affected by coal mining, including such rules	1433
governing mining practices and procedures, segregation and	1434
placement of soil and topsoil, backfilling, grading, terracing,	1435
resoiling, soil conditioning and reconditioning, planting,	1436
establishment of drainage patterns, construction of impoundments,	1437
and the construction, maintenance, and disposition of haul roads,	1438
ditches, and dikes, as may be necessary or desirable, under	1439
varying conditions of slope, drainage, physical and chemical	1440
characteristics of soil and overburden, erodability of materials,	1441
season, growth characteristics of plants, and other factors	1442
affecting coal mining and reclamation, to facilitate the return of	1443
the land to a condition required by this chapter; to prevent	1444
pollution or substantial diminution of waters of the state,	1445
substantial erosion, substantial deposition of sediment,	1446
landslides, accumulation and discharge of acid water, and	1447
flooding, both during mining and reclamation and thereafter; to	1448
restore the recharge capacity of the mined area to approximate	1449
premining conditions; and to ensure full compliance with all	1450
requirements of this chapter relating to reclamation, and the	1451
attainment of those objectives in the interest of the public	1452
health, safety, and welfare to which these reclamation	1453
requirements are directed;	1454

(c) To meet the requirements of the "Surface Mining Control	1455
and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 1201.	1456

(2) Issue orders to enforce this chapter and rules adopted	1457
under it;	1458

(3) Adopt rules for the internal management of the division	1459
that do not affect private rights;	1460

(4) Adopt programs, rules, and procedures designed to assist	1461
the coal operator in this state with the permitting process and	1462
complying with the environmental standards of this chapter. Upon	1463
request of the applicant for a permit, the chief shall make a	1464
determination of the probable hydrologic consequences required in	1465
division (B)(2)(1)(k) of section 1513.07 of the Revised Code	1466
within sixty days after a permit has been submitted to the	1467
division for those applications requesting the chief to perform	1468
the study. The chief shall perform the chemical analysis of test	1469
borings or core samplings for operators who have a total annual	1470
production of coal at all locations that does not exceed one	1471
hundred thousand tons.	1472

(5) Adopt programs, rules, and procedures designed to ensure	1473
that reclamation is performed on operations for which the	1474
performance bondsecurity has been forfeited pursuant to section	1475
1513.16 of the Revised Code;	1476

(6) Receive, administer, and expend moneys obtained from the	1477
United States department of the interior and other federal	1478
agencies to implement the state's permanent coal regulatory	1479
program;	1480

(7)(a) Regulate the beneficial use of coal combustion	1481
byproducts at coal mining and reclamation operations and abandoned	1482
mine lands that are regulated under this chapter and rules adopted	1483
under it. The beneficial use of coal combustion byproducts at such	1484
coal mining and reclamation operations and abandoned mine lands is	1485
subject to all applicable performance standards and requirements	1486
established under this chapter and rules adopted under it,	1487
including, without limitation, standards and requirements	1488
established under section 1513.16 of the Revised Code and rules	1489
adopted pursuant to it.	1490

The beneficial use of coal combustion byproducts that is	1491
authorized at coal mining and reclamation operations and abandoned	1492
mine lands that are regulated under this chapter and rules adopted	1493
under it is not subject to the following provisions of Chapters	1494
3734. and 6111. of the Revised Code and rules adopted under those	1495
provisions:	1496

(i) Permit and license requirements for solid waste	1497
facilities established under sections 3734.02 and 3734.05 of the	1498
Revised Code;	1499

(ii) The prohibition against the open dumping of solid wastes	1500
established in section 3734.03 of the Revised Code;	1501

(iii) Solid waste generation and disposal fees established	1502
under sections 3734.57 to 3734.574 of the Revised Code;	1503

(iv) Permit to install and plan approval requirements	1504
established under sections 6111.03, 6111.44, and 6111.45 of the	1505
Revised Code.	1506

Nothing in division (A)(7) of this section shall be construed	1507
to limit any other requirements that are applicable to the	1508
beneficial use of coal combustion byproducts and that are	1509
established under Chapter 3704., 3714., 3734., or 6111. of the	1510
Revised Code or under local or federal laws, including, without	1511
limitation, requirements governing air pollution control permits,	1512
hazardous waste, national pollutant discharge elimination system	1513
permits, and section 401 water quality certifications.	1514

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

1515

(i) "Coal combustion byproducts" means fly ash, bottom ash,	1516
coal slag, flue gas desulphurization and fluidized bed combustion	1517
byproducts, air or water pollution control residues from the	1518
operation of a coal-fired electric or steam generation facility,	1519
and any material from a clean coal technology demonstration	1520
project or other innovative process at a coal-fired electric or	1521
steam generation facility.	1522

(ii) "Beneficial use" means the use of coal combustion	1523
byproducts in a manner that is not equivalent to the establishment	1524
of a disposal system or a solid waste disposal facility and that	1525
is unlikely to affect human health or safety or the environment	1526
adversely or to degrade the existing quality of the land, air, or	1527
water. "Beneficial use" includes, without limitation, land	1528
application uses for agronomic value; land reclamation uses; and	1529
discrete, controlled uses for structural fill, pavement aggregate,	1530
pipe bedding aggregate, mine sealing, alternative drainage or	1531
capping material, and pilot demonstration projects.	1532

(iii) "Structural fill" means the discrete, controlled use of	1533
a coal combustion byproduct as a substitute for a conventional	1534
aggregate, raw material, or soil under or immediately adjacent to	1535
a building or structure. "Structural fill" does not include uses	1536
that involve general filling or grading operations or valley	1537
fills.	1538

(iv) "Pavement aggregate" means the discrete, controlled use	1539
of a coal combustion byproduct as a subbase material or drainage	1540
layer under or immediately adjacent to a paved road or a paved	1541
parking lot where the coal combustion byproduct is a substitute	1542
for a conventional aggregate, raw material, or soil.	1543

(v) "Pipe bedding aggregate" means the discrete, controlled	1544
use of a coal combustion byproduct as a substitute for a	1545
conventional aggregate, raw material, or soil under, around, or	1546
immediately adjacent to a water, sewer, or other pipeline.	1547

(vi) "Coal-fired electric or steam generation facility"	1548
includes any boiler that is fired with coal or with coal in	1549
combination with petroleum coke, oil, natural gas, or any other	1550
fossil fuel.	1551

(vii) "Solid waste disposal facility" means a facility for	1552
the disposal of solid wastes as provided in Chapter 3734. of the	1553
Revised Code and rules adopted under it.	1554

(viii) "Disposal system" has the same meaning as in section	1555
6111.01 of the Revised Code.	1556

(8) If this state becomes covered by a state programmatic	1557
general permit issued by the United States army corps of engineers	1558
for the discharge of dredged or fill material into the waters of	1559
the United States by operations that conduct surface and	1560
underground coal mining and reclamation operations and the	1561
restoration of abandoned mine lands, establish programs and adopt	1562
rules and procedures designed to implement the terms, limitations,	1563
and conditions of the permit. The purpose of the programs, rules,	1564
and procedures shall be to enable the state to reduce or eliminate	1565
duplicative state and federal project evaluation, simplify the	1566
regulatory approval process, provide environmental protection for	1567
aquatic resources that is equivalent to federal protection, and	1568
satisfy the requirements of the United States army corps of	1569
engineers regulatory program under which the permit is issued and	1570
that is established under section 404 of the "Federal Water	1571
Pollution Control Act," 86 Stat. 48 (1972), 33 U.S.C. 1344, as	1572
amended by the "Clean Water Act of 1977," 91 Stat. 1600, 33 U.S.C.	1573
1344; section 10 of the "Rivers and Harbors Act of 1899," 30 Stat.	1574
1151, 33 U.S.C. 403; and section 103 of the "Marine Protection,	1575
Research, and Sanctuaries Act of 1972," 86 Stat. 1055, 33 U.S.C.	1576
1413.	1577

(9) Establish programs and adopt rules and procedures	1578
governing terms, limitations, and conditions for the use of diesel	1579
equipment in an underground coal mine.	1580

(B) The chief, by rule, may designate as unsuitable for coal	1581
mining natural areas maintained on the registry of natural areas	1582
of the department of natural resources pursuant to Chapter 1517.	1583
of the Revised Code, wild, scenic, or recreational river areas	1584
designated pursuant to that chapter, publicly owned or dedicated	1585
parks, and other areas of unique and irreplaceable natural beauty	1586
or condition, or areas within specified distances of a public	1587
road, occupied dwelling, public building, school, church,	1588
community, or institutional building, public park, or cemetery.	1589
Such a designation may include land adjacent to the perimeters of	1590
those areas that may be necessary to protect their integrity.	1591

(C)(1) The adoption, amendment, and rescission of rules under	1592
divisions (A)(1), (4), and (5) and (B) of this section are subject	1593
to Chapter 119. of the Revised Code.	1594

(2) The issuance of orders under division (A)(2) of this	1595
section and appeals therefrom are not governed by or subject to	1596
Chapter 119. of the Revised Code, but are governed by this	1597
chapter.	1598

(D)(1) When the chief or an authorized representative of the	1599
chief determines that any condition or practice exists or that any	1600
permittee is in violation of any requirement of this chapter or	1601
any permit condition required by this chapter, which condition,	1602
practice, or violation creates an imminent danger to the health or	1603
safety of the public or is causing, or can reasonably be expected	1604
to cause, significant, imminent environmental harm to land, air,	1605
or water resources, the chief or the authorized representative	1606
immediately shall order the cessation of coal mining and	1607
reclamation operations or the portion thereof relevant to the	1608
condition, practice, or violation. The cessation order shall	1609
remain in effect until the chief or the authorized representative	1610
determines that the condition, practice, or violation has been	1611
abated or until the order is modified, vacated, or terminated by	1612
the chief or the authorized representative pursuant to division	1613
(D)(4) of this section or by the reclamation commission pursuant	1614
to section 1513.13 of the Revised Code. When the chief or the	1615
authorized representative finds that the ordered cessation of coal	1616
mining and reclamation operations or any portion thereof will not	1617
completely abate the imminent danger to the health or safety of	1618
the public or the significant, imminent environmental harm to	1619
land, air, or water resources, the chief or the authorized	1620
representative, in addition to the cessation order, shall order	1621
the operator to take whatever steps the chief or the authorized	1622
representative considers necessary to abate the imminent danger or	1623
the significant environmental harm.	1624

(2) When the chief or an authorized representative of the	1625
chief determines that any person is in violation of any	1626
requirement of this chapter or any permit condition required by	1627
this chapter, but the violation does not create an imminent danger	1628
to the health or safety of the public or cannot reasonably be	1629
expected to cause significant, imminent environmental harm to	1630
land, air, or water resources, the chief or the authorized	1631
representative shall issue a notice of violation to the person or	1632
the person's agent fixing a reasonable time for the abatement of	1633
the violation, provided that the time afforded a person to abate	1634
the violation shall not exceed the time limitations prescribed by	1635
the secretary of the interior in 30 C.F.R. Part 843 for an	1636
approvable state regulatory program under the "Surface Mining	1637
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.	1638
1201.	1639

If, upon expiration of the period of time as originally fixed	1640
or subsequently extended for good cause shown and upon the written	1641
finding of the chief or the authorized representative, the chief	1642
or the authorized representative finds that the violation has not	1643
been abated, the chief or the authorized representative	1644
immediately shall order the cessation of coal mining and	1645
reclamation operations or the portion thereof relevant to the	1646
violation. The cessation order shall remain in effect until the	1647
chief or the authorized representative determines that the	1648
violation has been abated or until the order is modified, vacated,	1649
or terminated by the chief or the authorized representative	1650
pursuant to division (D)(4) of this section or by the reclamation	1651
commission pursuant to section 1513.13 of the Revised Code. In a	1652
cessation order issued under division (D)(2) of this section, the	1653
chief or the authorized representative shall prescribe the steps	1654
necessary to abate the violation in the most expeditious manner	1655
possible.	1656

(3) When in the judgment of the chief or an authorized	1657
representative of the chief a pattern of violations of any	1658
requirements of this chapter or any permit conditions required by	1659
this chapter exists or has existed and the violations are caused	1660
by the unwarranted failure of the permittee to comply with any	1661
requirements of this chapter or any permit conditions or are	1662
willfully caused by the permittee, the chief or the authorized	1663
representative immediately shall issue an order to the permittee	1664
to show cause why the permit should not be suspended or revoked.	1665
If a hearing is requested, the chief shall inform all interested	1666
parties of the time and place of the hearing and conduct the	1667
hearing pursuant to division (D) of section 1513.13 of the Revised	1668
Code. Upon the permittee's failure to show cause why the permit	1669
should not be suspended or revoked, the chief or the authorized	1670
representative immediately shall suspend or revoke the permit.	1671

(4) Notices of violation and orders issued pursuant to this	1672
section shall set forth with reasonable specificity the nature of	1673
the violation and the remedial action required, the period of time	1674
established for abatement, and a reasonable description of the	1675
portion of the coal mining and reclamation operation to which the	1676
notice or order applies. Each notice or order issued under this	1677
section shall be given promptly to the alleged violator or the	1678
agent of the alleged violator by the chief or an authorized	1679
representative of the chief who issues the notice or order.	1680
Notices and orders shall be in writing and shall be signed by the	1681
chief or the authorized representative and may be modified,	1682
vacated, or terminated by the chief or the authorized	1683
representative. Any notice or order issued pursuant to this	1684
section that requires cessation of mining by the operator shall	1685
expire within thirty days after actual notice to the operator	1686
unless a public hearing pursuant to section 1513.13 of the Revised	1687
Code is held at the site or within such reasonable proximity to	1688
the site that any viewings of the site can be conducted during the	1689
course of the public hearing.	1690

(E)(1) A person who violates a permit condition or any other	1691
provision of this chapter may be assessed a civil penalty by the	1692
chief, except that if the violation leads to the issuance of a	1693
cessation order under division (D) of this section, the civil	1694
penalty shall be assessed for each day until the person initiates	1695
the necessary corrective steps. The penalty shall not exceed five	1696
thousand dollars for each violation. Each day of continuing	1697
violation may be deemed a separate violation for purposes of	1698
penalty assessments. In determining the amount of the penalty,	1699
consideration shall be given to the person's history of previous	1700
violation at the particular coal mining operation; the seriousness	1701
of the violation, including any irreparable harm to the	1702
environment and any hazard to the health or safety of the public;	1703
whether the person was negligent; and the demonstrated diligence	1704
of the person charged in attempting to achieve rapid compliance	1705
after notification of the violation.	1706

(2) A civil penalty shall be assessed by the chief only after	1707
the person charged with a violation under division (E)(1) of this	1708
section has been given an opportunity for a public hearing. If a	1709
person charged with such a violation fails to avail oneself of the	1710
opportunity for a public hearing, a civil penalty shall be	1711
assessed by the chief after the chief has determined that a	1712
violation did occur, and the amount of the penalty that is	1713
warranted, and has issued an order requiring that the penalty be	1714
paid.	1715

(3) Upon the issuance of a notice or order charging that a	1716
violation of this chapter has occurred, the chief shall inform the	1717
operator within thirty days of the proposed amount of the penalty	1718
and provide opportunity for an adjudicatory hearing pursuant to	1719
section 1513.13 of the Revised Code. The person charged with the	1720
penalty then shall have thirty days to pay the proposed penalty in	1721
full or, if the person wishes to contest either the amount of the	1722
penalty or the fact of the violation, file a petition for review	1723
of the proposed assessment with the secretary of the reclamation	1724
commission pursuant to section 1513.13 of the Revised Code. If,	1725
after the hearing, the commission affirms or modifies the proposed	1726
amount of the penalty, the person charged with the penalty then	1727
shall have thirty days after receipt of the written decision to	1728
pay the amount in full or file an appeal with the court of appeals	1729
in accordance with section 1513.14 of the Revised Code. At the	1730
time the petition for review of the proposed assessment is filed	1731
with the secretary, the person shall forward the amount of the	1732
penalty to the secretary for placement in the reclamation penalty	1733
fund, which is hereby created. The fund shall be in the custody of	1734
the treasurer of state, but shall not be a part of the state	1735
treasury. Pursuant to administrative or judicial review of the	1736
penalty, the secretary, within thirty days, shall remit the	1737
appropriate amount of the penalty to the person, with interest, if	1738
it is determined that no violation occurred or that the amount of	1739
the penalty should be reduced, and the secretary shall forward the	1740
balance of the penalty or, if the penalty was not reduced, the	1741
entire amount of the penalty, with interest, to the chief for	1742
deposit in the coal mining administration and reclamation reserve	1743
forfeiture fund created in section 1513.1811513.18 of the Revised	1744
Code. Failure to forward the money to the secretary within thirty	1745
days after the chief informs the operator of the proposed amount	1746
of the penalty shall result in a waiver of all legal rights to	1747
contest the violation or the amount of the penalty. Within fifteen	1748
days after being informed of the penalty, the person charged with	1749
the penalty may request in writing an informal assessment	1750
conference to review the amount of the penalty. The conference	1751
shall be presided over by the chief or an individual appointed by	1752
the chief other than the inspector that issued the notice of	1753
violation or order upon which the penalty is based. The chief	1754
shall adopt rules governing procedures to be followed in informal	1755
conferences. Time allowed for payment of the penalty or appeal to	1756
the commission shall be tolled while the penalty is being reviewed	1757
in an informal conference.	1758

(4) An operator who fails to correct a violation for which a	1759
notice of violation or order has been issued under division (D) of	1760
this section within the period permitted for its correction shall	1761
be assessed a civil penalty of not less than seven hundred fifty	1762
dollars for each day during which the failure or violation	1763
continues. However, a civil penalty shall not be assessed under	1764
division (E)(4) of this section if the commission orders the	1765
suspension of the abatement requirement after determining, based	1766
upon the findings of an expedited hearing held under section	1767
1513.13 of the Revised Code at the request of the operator, that	1768
the operator will suffer irreparable loss or damage from the	1769
application of the abatement requirement or if the court orders	1770
suspension of the abatement requirement pursuant to review	1771
proceedings held under section 1513.14 of the Revised Code at the	1772
request of the operator.	1773

(F) The chief may enter into a cooperative agreement with the	1774
secretary of the interior to provide for state regulation of coal	1775
mining and reclamation operations on federal lands within the	1776
state.	1777

(G) The chief may prohibit augering if necessary to maximize	1778
the utilization, recoverability, or conservation of the solid fuel	1779
resources or to protect against adverse water quality impacts.	1780

(H) The chief shall transmit copies of all schedules	1781
submitted under section 1513.07 of the Revised Code pertaining to	1782
violations of air or water quality laws and rules adopted and	1783
orders issued under those laws in connection with coal mining	1784
operations to the director of environmental protection for	1785
verification.	1786

(I) For the purposes of sections 1513.18, 1513.24, 1513.37,	1787
and 1514.06 of the Revised Code, the chief triennially shall	1788
determine the average wage rate for companies performing	1789
reclamation work for the division under those sections by	1790
averaging the wage rate paid by all companies performing such	1791
reclamation work during the three years immediately preceding the	1792
determination. However, in making the initial determination under	1793
this division, the chief shall average the wage rate paid by all	1794
companies performing such reclamation work during the ten years	1795
immediately preceding October 29, 1995.	1796

Sec. 1513.07.  (A)(1) No operator shall conduct a coal mining	1797
operation without a permit for the operation issued by the chief	1798
of the division of mineral resources management.	1799

(2) All permits issued pursuant to this chapter shall be	1800
issued for a term not to exceed five years, except that, if the	1801
applicant demonstrates that a specified longer term is reasonably	1802
needed to allow the applicant to obtain necessary financing for	1803
equipment and the opening of the operation and if the application	1804
is full and complete for the specified longer term, the chief may	1805
grant a permit for the longer term. A successor in interest to a	1806
permittee who applies for a new permit within thirty days after	1807
succeeding to the interest and who is able to obtain the bond	1808
coverageperformance security of the original permittee may	1809
continue coal mining and reclamation operations according to the	1810
approved mining and reclamation plan of the original permittee	1811
until the successor's application is granted or denied.	1812

(3) A permit shall terminate if the permittee has not	1813
commenced the coal mining operations covered by the permit within	1814
three years after the issuance of the permit, except that the	1815
chief may grant reasonable extensions of the time upon a showing	1816
that the extensions are necessary by reason of litigation	1817
precluding the commencement or threatening substantial economic	1818
loss to the permittee or by reason of conditions beyond the	1819
control and without the fault or negligence of the permittee, and	1820
except that with respect to coal to be mined for use in a	1821
synthetic fuel facility or specified major electric generating	1822
facility, the permittee shall be deemed to have commenced coal	1823
mining operations at the time construction of the synthetic fuel	1824
or generating facility is initiated.	1825

(4)(a) Any permit issued pursuant to this chapter shall carry	1826
with it the right of successive renewal upon expiration with	1827
respect to areas within the boundaries of the permit. The holders	1828
of the permit may apply for renewal and the renewal shall be	1829
issued unless the chief determines by written findings, subsequent	1830
to fulfillment of the public notice requirements of this section	1831
and section 1513.071 of the Revised Code through demonstrations by	1832
opponents of renewal or otherwise, that one or more of the	1833
following circumstances exists:	1834

(i) The terms and conditions of the existing permit are not	1835
being satisfactorily met;.	1836

(ii) The present coal mining and reclamation operation is not	1837
in compliance with the environmental protection standards of this	1838
chapter;.	1839

(iii) The renewal requested substantially jeopardizes the	1840
operator's continuing responsibilities on existing permit areas;.	1841

(iv) The applicant has not provided evidence that the	1842
performance bondsecurity in effect for the operation will	1843
continue in effect for any renewal requested in the application;.	1844

(v) Any additional, revised, or updated information required	1845
by the chief has not been provided. Prior to the approval of any	1846
renewal of a permit, the chief shall provide notice to the	1847
appropriate public authorities as prescribed by rule of the chief.	1848

(b) If an application for renewal of a valid permit includes	1849
a proposal to extend the mining operation beyond the boundaries	1850
authorized in the existing permit, the portion of the application	1851
for renewal of a valid permit that addresses any new land areas	1852
shall be subject to the full standards applicable to new	1853
applications under this chapter.	1854

(c) A permit renewal shall be for a term not to exceed the	1855
period of the original permit established by this chapter.	1856
Application for permit renewal shall be made at least one hundred	1857
twenty days prior to the expiration of the valid permit.	1858

(5) A permit issued pursuant to this chapter does not	1859
eliminate the requirements for obtaining a permit to install or	1860
modify a disposal system or any part thereof or to discharge	1861
sewage, industrial waste, or other wastes into the waters of the	1862
state in accordance with Chapter 6111. of the Revised Code.	1863

(B)(1) Each application for a coal mining and reclamation	1864
permit or renewal of such a permit shall be accompanied by a	1865
permit or renewal fee in an amount equal to the product of	1866
seventy-five dollars multiplied by the number of acres, estimated	1867
in the application, that will comprise the area of land to be	1868
affected within the permit or renewal period by the coal mining	1869
operation for which the permit or renewal is requested.	1870

(2) The permit application shall be submitted in a manner	1871
satisfactory to the chief and shall contain, among other things,	1872
all of the following:	1873

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

1874

(i) The permit applicant;

1875

(ii) Every legal owner of record of the property, surface and	1876
mineral, to be mined;	1877

(iii) The holders of record of any leasehold interest in the	1878
property;	1879

(iv) Any purchaser of record of the property under a real	1880
estate contract;	1881

(v) The operator if different from the applicant;

1882

(vi) If any of these are business entities other than a	1883
single proprietor, the names and addresses of the principals,	1884
officers, and statutory agent for service of process.	1885

(b) The names and addresses of the owners of record of all	1886
surface and subsurface areas adjacent to any part of the permit	1887
area;	1888

(c) A statement of any current or previous coal mining	1889
permits in the United States held by the applicant, the permit	1890
identification, and any pending applications;	1891

(d) If the applicant is a partnership, corporation,	1892
association, or other business entity, the following where	1893
applicable: the names and addresses of every officer, partner,	1894
director, or person performing a function similar to a director,	1895
of the applicant, the name and address of any person owning, of	1896
record, ten per cent or more of any class of voting stock of the	1897
applicant, a list of all names under which the applicant, partner,	1898
or principal shareholder previously operated a coal mining	1899
operation within the United States within the five-year period	1900
preceding the date of submission of the application, and a list of	1901
the person or persons primarily responsible for ensuring that the	1902
applicant complies with the requirements of this chapter and rules	1903
adopted pursuant thereto while mining and reclaiming under the	1904
permit;	1905

(e) A statement of whether the applicant, any subsidiary,	1906
affiliate, or persons controlled by or under common control with	1907
the applicant, any partner if the applicant is a partnership, any	1908
officer, principal shareholder, or director if the applicant is a	1909
corporation, or any other person who has a right to control or in	1910
fact controls the management of the applicant or the selection of	1911
officers, directors, or managers of the applicant:	1912

(i) Has ever held a federal or state coal mining permit that	1913
in the five-year period prior to the date of submission of the	1914
application has been suspended or revoked or has had a coal mining	1915
bond, performance security, or similar security deposited in lieu	1916
of bond forfeited and, if so, a brief explanation of the facts	1917
involved;	1918

(ii) Has been an officer, partner, director, principal	1919
shareholder, or person having the right to control or has in fact	1920
controlled the management of or the selection of officers,	1921
directors, or managers of a business entity that has had a coal	1922
mining or surface mining permit that in the five-year period prior	1923
to the date of submission of the application has been suspended or	1924
revoked or has had a coal mining or surface mining bond,	1925
performance security, or similar security deposited in lieu of	1926
bond forfeited and, if so, a brief explanation of the facts	1927
involved.	1928

(f) A copy of the applicant's advertisement to be published	1929
in a newspaper of general circulation in the locality of the	1930
proposed site at least once a week for four successive weeks,	1931
which shall include the ownership of the proposed mine, a	1932
description of the exact location and boundaries of the proposed	1933
site sufficient to make the proposed operation readily	1934
identifiable by local residents, and the location where the	1935
application is available for public inspection;	1936

(g) A description of the type and method of coal mining	1937
operation that exists or is proposed, the engineering techniques	1938
proposed or used, and the equipment used or proposed to be used;	1939

(h) The anticipated or actual starting and termination dates	1940
of each phase of the mining operation and number of acres of land	1941
to be affected;	1942

(i) An accurate map or plan, to an appropriate scale, clearly	1943
showing the land to be affected and the land upon which the	1944
applicant has the legal right to enter and commence coal mining	1945
operations, copies of those documents upon which is based the	1946
applicant's legal right to enter and commence coal mining	1947
operations, and a statement whether that right is the subject of	1948
pending litigation. This chapter does not authorize the chief to	1949
adjudicate property title disputes.	1950

(j) The name of the watershed and location of the surface	1951
stream or tributary into which drainage from the operation will be	1952
discharged;	1953

(k) A determination of the probable hydrologic consequences	1954
of the mining and reclamation operations, both on and off the mine	1955
site, with respect to the hydrologic regime, providing information	1956
on the quantity and quality of water in surface and ground water	1957
systems including the dissolved and suspended solids under	1958
seasonal flow conditions and the collection of sufficient data for	1959
the mine site and surrounding areas so that an assessment can be	1960
made by the chief of the probable cumulative impacts of all	1961
anticipated mining in the area upon the hydrology of the area and	1962
particularly upon water availability, but this determination shall	1963
not be required until hydrologic information of the general area	1964
prior to mining is made available from an appropriate federal or	1965
state agency; however, the permit shall not be approved until the	1966
information is available and is incorporated into the application;	1967

(l) When requested by the chief, the climatological factors	1968
that are peculiar to the locality of the land to be affected,	1969
including the average seasonal precipitation, the average	1970
direction and velocity of prevailing winds, and the seasonal	1971
temperature ranges;	1972

(m) Accurate maps prepared by or under the direction of and	1973
certified by a qualified registered professional engineer,	1974
registered surveyor, or licensed landscape architect to an	1975
appropriate scale clearly showing all types of information set	1976
forth on topographical maps of the United States geological survey	1977
of a scale of not more than four hundred feet to the inch,	1978
including all artificial features and significant known	1979
archeological sites. The map, among other things specified by the	1980
chief, shall show all boundaries of the land to be affected, the	1981
boundary lines and names of present owners of record of all	1982
surface areas abutting the permit area, and the location of all	1983
buildings within one thousand feet of the permit area.	1984

(n)(i) Cross-section maps or plans of the land to be affected	1985
including the actual area to be mined, prepared by or under the	1986
direction of and certified by a qualified registered professional	1987
engineer or certified professional geologist with assistance from	1988
experts in related fields such as hydrology, hydrogeology,	1989
geology, and landscape architecture, showing pertinent elevations	1990
and locations of test borings or core samplings and depicting the	1991
following information: the nature and depth of the various strata	1992
of overburden; the nature and thickness of any coal or rider seam	1993
above the coal seam to be mined; the nature of the stratum	1994
immediately beneath the coal seam to be mined; all mineral crop	1995
lines and the strike and dip of the coal to be mined within the	1996
area to be affected; existing or previous coal mining limits; the	1997
location and extent of known workings of any underground mines,	1998
including mine openings to the surface; the location of spoil,	1999
waste, or refuse areas and topsoil preservation areas; the	2000
location of all impoundments for waste or erosion control; any	2001
settling or water treatment facility; constructed or natural	2002
drainways and the location of any discharges to any surface body	2003
of water on the land to be affected or adjacent thereto; profiles	2004
at appropriate cross sections of the anticipated final surface	2005
configuration that will be achieved pursuant to the operator's	2006
proposed reclamation plan; the location of subsurface water, if	2007
encountered; the location and quality of aquifers; and the	2008
estimated elevation of the water table. Registered surveyors shall	2009
be allowed to perform all plans, maps, and certifications under	2010
this chapter as they are authorized under Chapter 4733. of the	2011
Revised Code.	2012

(ii) A statement of the quality and locations of subsurface	2013
water. The chief shall provide by rule the number of locations to	2014
be sampled, frequency of collection, and parameters to be analyzed	2015
to obtain the statement required.	2016

(o) A statement of the results of test borings or core	2017
samplings from the permit area, including logs of the drill holes,	2018
the thickness of the coal seam found, an analysis of the chemical	2019
properties of the coal, the sulfur content of any coal seam,	2020
chemical analysis of potentially acid or toxic forming sections of	2021
the overburden, and chemical analysis of the stratum lying	2022
immediately underneath the coal to be mined, except that this	2023
division may be waived by the chief with respect to the specific	2024
application by a written determination that its requirements are	2025
unnecessary;. If the test borings or core samplings from the	2026
permit area indicate the existence of potentially acid forming or	2027
toxic forming quantities of sulfur in the coal or overburden to be	2028
disturbed by mining, the application also shall include a	2029
statement of the acid generating potential and the acid	2030
neutralizing potential of the rock strata to be disturbed as	2031
calculated in accordance with section 1513.075 of the Revised	2032
Code.	2033

(p) For those lands in the permit application that a	2034
reconnaissance inspection suggests may be prime farmlands, a soil	2035
survey shall be made or obtained according to standards	2036
established by the secretary of the United States department of	2037
agriculture in order to confirm the exact location of the prime	2038
farmlands, if any;	2039

(q) A certificate issued by an insurance company authorized	2040
to do business in this state certifying that the applicant has a	2041
public liability insurance policy in force for the coal mining and	2042
reclamation operations for which the permit is sought or evidence	2043
that the applicant has satisfied other state self-insurance	2044
requirements. The policy shall provide for personal injury and	2045
property damage protection in an amount adequate to compensate any	2046
persons damaged as a result of coal mining and reclamation	2047
operations, including the use of explosives, and entitled to	2048
compensation under the applicable provisions of state law. The	2049
policy shall be maintained in effect during the term of the permit	2050
or any renewal, including the length of all reclamation	2051
operations. The insurance company shall give prompt notice to the	2052
permittee and the chief if the public liability insurance policy	2053
lapses for any reason including the nonpayment of insurance	2054
premiums. Upon the lapse of the policy, the chief may suspend the	2055
permit and all other outstanding permits until proper insurance	2056
coverage is obtained.	2057

(r) The business telephone number of the applicant;

2058

(s) If the applicant seeks an authorization under division	2059
(E)(7) of this section to conduct coal mining and reclamation	2060
operations on areas to be covered by the permit that were affected	2061
by coal mining operations before August 3, 1977, that have	2062
resulted in continuing water pollution from or on the previously	2063
mined areas, such additional information pertaining to those	2064
previously mined areas as may be required by the chief, including,	2065
without limitation, maps, plans, cross sections, data necessary to	2066
determine existing water quality from or on those areas with	2067
respect to pH, iron, and manganese, and a pollution abatement plan	2068
that may improve water quality from or on those areas with respect	2069
to pH, iron, and manganese.	2070

(3)(2) Information pertaining to coal seams, test borings,	2071
core samplings, or soil samples as required by this section shall	2072
be made available by the chief to any person with an interest that	2073
is or may be adversely affected, except that information that	2074
pertains only to the analysis of the chemical and physical	2075
properties of the coal, excluding information regarding mineral or	2076
elemental content that is potentially toxic in the environment,	2077
shall be kept confidential and not made a matter of public record.	2078

(4)(3)(a) If the chief finds that the probable total annual	2079
production at all locations of any operator will not exceed three	2080
hundred thousand tons, the following activities, upon the written	2081
request of the operator in connection with a permit application,	2082
shall be performed by a qualified public or private laboratory or	2083
another public or private qualified entity designated by the	2084
chief, and the cost of the activities shall be assumed by the	2085
chief, provided that sufficient moneys for such assistance are	2086
available:	2087

(i) The determination of probable hydrologic consequences	2088
required under division (B)(2)(1)(k) of this section;	2089

(ii) The development of cross-section maps and plans required	2090
under division (B)(2)(1)(n)(i) of this section;	2091

(iii) The geologic drilling and statement of results of test	2092
borings and core samplings required under division (B)(2)(1)(o) of	2093
this section;	2094

(iv) The collection of archaeological information required	2095
under division (B)(2)(1)(m) of this section and any other	2096
archaeological and historical information required by the chief,	2097
and the preparation of plans necessitated thereby;	2098

(v) Pre-blast surveys required under division (E) of section	2099
1513.161 of the Revised Code;	2100

(vi) The collection of site-specific resource information and	2101
production of protection and enhancement plans for fish and	2102
wildlife habitats and other environmental values required by the	2103
chief under this chapter.	2104

(b) A coal operator that has received assistance under	2105
division (B)(4)(3)(a) of this section shall reimburse the chief	2106
for the cost of the services rendered if the chief finds that the	2107
operator's actual and attributed annual production of coal for all	2108
locations exceeds three hundred thousand tons during the twelve	2109
months immediately following the date on which the operator was	2110
issued a coal mining and reclamation permit.	2111

(5)(4) Each applicant for a permit shall submit to the chief	2112
as part of the permit application a reclamation plan that meets	2113
the requirements of this chapter.	2114

(6)(5) Each applicant for a coal mining and reclamation	2115
permit shall file a copy of the application for a permit,	2116
excluding that information pertaining to the coal seam itself, for	2117
public inspection with the county recorder or an appropriate	2118
public office approved by the chief in the county where the mining	2119
is proposed to occur.	2120

(7)(6) Each applicant for a coal mining and reclamation	2121
permit shall submit to the chief as part of the permit application	2122
a blasting plan that describes the procedures and standards by	2123
which the operator will comply with section 1513.161 of the	2124
Revised Code.	2125

(C) Each reclamation plan submitted as part of a permit	2126
application shall include, in the detail necessary to demonstrate	2127
that reclamation required by this chapter can be accomplished, a	2128
statement of:	2129

(1) The identification of the lands subject to coal mining	2130
operations over the estimated life of those operations and the	2131
size, sequence, and timing of the subareas for which it is	2132
anticipated that individual permits for mining will be sought;	2133

(2) The condition of the land to be covered by the permit	2134
prior to any mining including all of the following:	2135

(a) The uses existing at the time of the application and, if	2136
the land has a history of previous mining, the uses that preceded	2137
any mining;	2138

(b) The capability of the land prior to any mining to support	2139
a variety of uses, giving consideration to soil and foundation	2140
characteristics, topography, and vegetative cover and, if	2141
applicable, a soil survey prepared pursuant to division	2142
(B)(2)(1)(p) of this section;	2143

(c) The productivity of the land prior to mining, including	2144
appropriate classification as prime farmlands as well as the	2145
average yield of food, fiber, forage, or wood products obtained	2146
from the land under high levels of management.	2147

(3) The use that is proposed to be made of the land following	2148
reclamation, including information regarding the utility and	2149
capacity of the reclaimed land to support a variety of alternative	2150
uses, the relationship of the proposed use to existing land use	2151
policies and plans, and the comments of any owner of the land and	2152
state and local governments or agencies thereof that would have to	2153
initiate, implement, approve, or authorize the proposed use of the	2154
land following reclamation;	2155

(4) A detailed description of how the proposed postmining	2156
land use is to be achieved and the necessary support activities	2157
that may be needed to achieve the proposed land use;	2158

(5) The engineering techniques proposed to be used in mining	2159
and reclamation and a description of the major equipment; a plan	2160
for the control of surface water drainage and of water	2161
accumulation; a plan, where appropriate, for backfilling, soil	2162
stabilization, and compacting, grading, and appropriate	2163
revegetation; a plan for soil reconstruction, replacement, and	2164
stabilization, pursuant to the performance standards in section	2165
1513.16 of the Revised Code, for those food, forage, and forest	2166
lands identified in that section; and an estimate of the cost per	2167
acre of the reclamation, including a statement as to how the	2168
permittee plans to comply with each of the requirements set out in	2169
section 1513.16 of the Revised Code;	2170

(6) A description of the means by which the utilization and	2171
conservation of the solid fuel resource being recovered will be	2172
maximized so that reaffecting the land in the future can be	2173
minimized;	2174

(7) A detailed estimated timetable for the accomplishment of	2175
each major step in the reclamation plan;	2176

(8) A description of the degree to which the coal mining and	2177
reclamation operations are consistent with surface owner plans and	2178
applicable state and local land use plans and programs;	2179

(9) The steps to be taken to comply with applicable air and	2180
water quality laws and regulations and any applicable health and	2181
safety standards;	2182

(10) A description of the degree to which the reclamation	2183
plan is consistent with local physical, environmental, and	2184
climatological conditions;	2185

(11) A description of all lands, interests in lands, or	2186
options on such interests held by the applicant or pending bids on	2187
interests in lands by the applicant, which lands are contiguous to	2188
the area to be covered by the permit;	2189

(12) The results of test borings that the applicant has made	2190
at the area to be covered by the permit, or other equivalent	2191
information and data in a form satisfactory to the chief,	2192
including the location of subsurface water, and an analysis of the	2193
chemical properties, including acid forming properties of the	2194
mineral and overburden; except that information that pertains only	2195
to the analysis of the chemical and physical properties of the	2196
coal, excluding information regarding mineral or elemental	2197
contents that are potentially toxic in the environment, shall be	2198
kept confidential and not made a matter of public record;	2199

(13) A detailed description of the measures to be taken	2200
during the mining and reclamation process to ensure the protection	2201
of all of the following:	2202

(a) The quality of surface and ground water systems, both on-	2203
and off-site, from adverse effects of the mining and reclamation	2204
process;	2205

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

2206

(c) The quantity of surface and ground water systems, both	2207
on- and off-site, from adverse effects of the mining and	2208
reclamation process or, where such protection of quantity cannot	2209
be assured, provision of alternative sources of water.	2210

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

2211

(D)(1) Any information required by division (C) of this	2212
section that is not on public file pursuant to this chapter shall	2213
be held in confidence by the chief.	2214

(2) With regard to requests for an exemption from the	2215
requirements of this chapter for coal extraction incidental to the	2216
extraction of other minerals, as described in division (H)(1)(a)	2217
of section 1513.01 of the Revised Code, confidential information	2218
includes and is limited to information concerning trade secrets or	2219
privileged commercial or financial information relating to the	2220
competitive rights of the persons intending to conduct the	2221
extraction of minerals.	2222

(E)(1) Upon the basis of a complete mining application and	2223
reclamation plan or a revision or renewal thereof, as required by	2224
this chapter, and information obtained as a result of public	2225
notification and public hearing, if any, as provided by section	2226
1513.071 of the Revised Code, the chief shall grant, require	2227
modification of, or deny the application for a permit in a	2228
reasonable time set by the chief and notify the applicant in	2229
writing. The applicant for a permit or revision of a permit has	2230
the burden of establishing that the application is in compliance	2231
with all the requirements of this chapter. Within ten days after	2232
the granting of a permit, the chief shall notify the boards of	2233
township trustees and county commissioners, the mayor, and the	2234
legislative authority in the township, county, and municipal	2235
corporation in which the area of land to be affected is located	2236
that a permit has been issued and shall describe the location of	2237
the land. However, failure of the chief to notify the local	2238
officials shall not affect the status of the permit.	2239

(2) No permit application or application for revision of an	2240
existing permit shall be approved unless the application	2241
affirmatively demonstrates and the chief finds in writing on the	2242
basis of the information set forth in the application or from	2243
information otherwise available, which shall be documented in the	2244
approval and made available to the applicant, all of the	2245
following:	2246

(a) The application is accurate and complete and all the	2247
requirements of this chapter have been complied with.	2248

(b) The applicant has demonstrated that the reclamation	2249
required by this chapter can be accomplished under the reclamation	2250
plan contained in the application.	2251

(c)(i) Assessment of the probable cumulative impact of all	2252
anticipated mining in the general and adjacent area on the	2253
hydrologic balance specified in division (B)(2)(1)(k) of this	2254
section has been made by the chief, and the proposed operation has	2255
been designed to prevent material damage to hydrologic balance	2256
outside the permit area.	2257

(ii) There shall be an ongoing process conducted by the chief	2258
in cooperation with other state and federal agencies to review all	2259
assessments of probable cumulative impact of coal mining in light	2260
of post-mining data and any other hydrologic information as it	2261
becomes available to determine if the assessments were realistic.	2262
The chief shall take appropriate action as indicated in the review	2263
process.	2264

(d) The area proposed to be mined is not included within an	2265
area designated unsuitable for coal mining pursuant to section	2266
1513.073 of the Revised Code or is not within an area under study	2267
for such designation in an administrative proceeding commenced	2268
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the	2269
Revised Code unless in an area as to which an administrative	2270
proceeding has commenced pursuant to division (A)(3)(c) or (B) of	2271
section 1513.073 of the Revised Code, the operator making the	2272
permit application demonstrates that, prior to January 1, 1977,	2273
the operator made substantial legal and financial commitments in	2274
relation to the operation for which a permit is sought.	2275

(e) In cases where the private mineral estate has been	2276
severed from the private surface estate, the applicant has	2277
submitted to the chief one of the following:	2278

(i) The written consent of the surface owner to the	2279
extraction of coal by strip mining methods;	2280

(ii) A conveyance that expressly grants or reserves the right	2281
to extract the coal by strip mining methods;	2282

(iii) If the conveyance does not expressly grant the right to	2283
extract coal by strip mining methods, the surface-subsurface legal	2284
relationship shall be determined under the law of this state. This	2285
chapter does not authorize the chief to adjudicate property rights	2286
disputes.	2287

(3)(a) The applicant shall file with the permit application a	2288
schedule listing all notices of violations of any law, rule, or	2289
regulation of the United States or of any department or agency	2290
thereof or of any state pertaining to air or water environmental	2291
protection incurred by the applicant in connection with any coal	2292
mining operation during the three-year period prior to the date of	2293
application. The schedule also shall indicate the final resolution	2294
of such a notice of violation. Upon receipt of an application, the	2295
chief shall provide a schedule listing all notices of violations	2296
of this chapter pertaining to air or water environmental	2297
protection incurred by the applicant during the three-year period	2298
prior to receipt of the application and the final resolution of	2299
all such notices of violation. The chief shall provide this	2300
schedule to the applicant for filing by the applicant with the	2301
application filed for public review, as required by division	2302
(B)(6)(5) of this section. When the schedule or other information	2303
available to the chief indicates that any coal mining operation	2304
owned or controlled by the applicant is currently in violation of	2305
such laws, the permit shall not be issued until the applicant	2306
submits proof that the violation has been corrected or is in the	2307
process of being corrected to the satisfaction of the regulatory	2308
authority, department, or agency that has jurisdiction over the	2309
violation and that any civil penalties owed to the state for a	2310
violation and not the subject of an appeal have been paid. No	2311
permit shall be issued to an applicant after a finding by the	2312
chief that the applicant or the operator specified in the	2313
application controls or has controlled mining operations with a	2314
demonstrated pattern of willful violations of this chapter of a	2315
nature and duration to result in irreparable damage to the	2316
environment as to indicate an intent not to comply with or a	2317
disregard of this chapter.	2318

(b) For the purposes of division (E)(3)(a) of this section,	2319
any violation resulting from an unanticipated event or condition	2320
at a surface coal mining operation on lands eligible for remining	2321
under a permit held by the person submitting an application for a	2322
coal mining permit under this section shall not prevent issuance	2323
of that permit. As used in this division, "unanticipated event or	2324
condition" means an event or condition encountered in a remining	2325
operation that was not contemplated by the applicable surface coal	2326
mining and reclamation permit.	2327

(4)(a) In addition to finding the application in compliance	2328
with division (E)(2) of this section, if the area proposed to be	2329
mined contains prime farmland as determined pursuant to division	2330
(B)(2)(1)(p) of this section, the chief, after consultation with	2331
the secretary of the United States department of agriculture and	2332
pursuant to regulations issued by the secretary of the interior	2333
with the concurrence of the secretary of agriculture, may grant a	2334
permit to mine on prime farmland if the chief finds in writing	2335
that the operator has the technological capability to restore the	2336
mined area, within a reasonable time, to equivalent or higher	2337
levels of yield as nonmined prime farmland in the surrounding area	2338
under equivalent levels of management and can meet the soil	2339
reconstruction standards in section 1513.16 of the Revised Code.	2340

(b) Division (E)(4)(a) of this section does not apply to a	2341
permit issued prior to August 3, 1977, or revisions or renewals	2342
thereof.	2343

(5) The chief shall issue an order denying a permit after	2344
finding that the applicant has misrepresented or omitted any	2345
material fact in the application for the permit.	2346

(6) The chief may issue an order denying a permit after	2347
finding that the applicant, any partner, if the applicant is a	2348
partnership, any officer, principal shareholder, or director, if	2349
the applicant is a corporation, or any other person who has a	2350
right to control or in fact controls the management of the	2351
applicant or the selection of officers, directors, or managers of	2352
the applicant has been a sole proprietor or partner, officer,	2353
director, principal shareholder, or person having the right to	2354
control or has in fact controlled the management of or the	2355
selection of officers, directors, or managers of a business entity	2356
that ever has had a coal mining license or permit issued by this	2357
or any other state or the United States suspended or revoked, ever	2358
has forfeited a coal or surface mining bond, performance security,	2359
or similar security deposited in lieu of bond in this or any other	2360
state or with the United States, or ever has substantially or	2361
materially failed to comply with this chapter.	2362

(7) When issuing a permit under this section, the chief may	2363
authorize an applicant to conduct coal mining and reclamation	2364
operations on areas to be covered by the permit that were affected	2365
by coal mining operations before August 3, 1977, that have	2366
resulted in continuing water pollution from or on the previously	2367
mined areas for the purpose of potentially reducing the pollution	2368
loadings of pH, iron, and manganese from discharges from or on the	2369
previously mined areas. Following the chief's authorization to	2370
conduct such operations on those areas, the areas shall be	2371
designated as pollution abatement areas for the purposes of this	2372
chapter.	2373

The chief shall not grant an authorization under division	2374
(E)(7) of this section to conduct coal mining and reclamation	2375
operations on any such previously mined areas unless the applicant	2376
demonstrates to the chief's satisfaction that all of the following	2377
conditions are met:	2378

(a) The applicant's pollution abatement plan for mining and	2379
reclaiming the previously mined areas represents the best	2380
available technology economically achievable;.	2381

(b) Implementation of the plan will potentially reduce	2382
pollutant loadings of pH, iron, and manganese resulting from	2383
discharges of surface waters or ground water from or on the	2384
previously mined areas within the permit area;.	2385

(c) Implementation of the plan will not cause any additional	2386
degradation of surface water quality off the permit area with	2387
respect to pH, iron, and manganese;.	2388

(d) Implementation of the plan will not cause any additional	2389
degradation of ground water;.	2390

(e) The plan meets the requirements governing mining and	2391
reclamation of such previously mined pollution abatement areas	2392
established by the chief in rules adopted under section 1513.02 of	2393
the Revised Code;.	2394

(f) Neither the applicant; any partner, if the applicant is a	2395
partnership; any officer, principal shareholder, or director, if	2396
the applicant is a corporation; any other person who has a right	2397
to control or in fact controls the management of the applicant or	2398
the selection of officers, directors, or managers of the	2399
applicant; nor any contractor or subcontractor of the applicant,	2400
has any of the following:	2401

(i) Responsibility or liability under this chapter or rules	2402
adopted under it as an operator for treating the discharges of	2403
water pollutants from or on the previously mined areas for which	2404
the authorization is sought;	2405

(ii) Any responsibility or liability under this chapter or	2406
rules adopted under it for reclaiming the previously mined areas	2407
for which the authorization is sought;	2408

(iii) During the eighteen months prior to submitting the	2409
permit application requesting an authorization under division	2410
(E)(7) of this section, had a coal mining and reclamation permit	2411
suspended or revoked under division (D)(3) of section 1513.02 of	2412
the Revised Code for violating this chapter or Chapter 6111. of	2413
the Revised Code or rules adopted under them with respect to water	2414
quality, effluent limitations, or surface or ground water	2415
monitoring;	2416

(iv) Ever forfeited a coal or surface mining bond,	2417
performance security, or similar security deposited in lieu of a	2418
bond in this or any other state or with the United States.	2419

(F)(1) During the term of the permit, the permittee may	2420
submit an application for a revision of the permit, together with	2421
a revised reclamation plan, to the chief.	2422

(2) An application for a revision of a permit shall not be	2423
approved unless the chief finds that reclamation required by this	2424
chapter can be accomplished under the revised reclamation plan.	2425
The revision shall be approved or disapproved within ninety days	2426
after receipt of a complete revision application. The chief shall	2427
establish, by rule, criteria for determining the extent to which	2428
all permit application information requirements and procedures,	2429
including notice and hearings, shall apply to the revision	2430
request, except that any revisions that propose significant	2431
alterations in the reclamation plan, at a minimum, shall be	2432
subject to notice and hearing requirements.	2433

(3) Any extensions to the area covered by the permit except	2434
incidental boundary revisions shall be made by application for a	2435
permit.	2436

(G) No transfer, assignment, or sale of the rights granted	2437
under a permit issued pursuant to this chapter shall be made	2438
without the written approval of the chief.	2439

(H) The chief, within a time limit prescribed in the chief's	2440
rules, shall review outstanding permits and may require reasonable	2441
revision or modification of a permit. A revision or modification	2442
shall be based upon a written finding and subject to notice and	2443
hearing requirements established by rule of the chief.	2444

(I)(1) If an informal conference has been held pursuant to	2445
section 1513.071 of the Revised Code, the chief shall issue and	2446
furnish the applicant for a permit, persons who participated in	2447
the informal conference, and persons who filed written objections	2448
pursuant to division (B) of section 1513.071 of the Revised Code,	2449
with the written finding of the chief granting or denying the	2450
permit in whole or in part and stating the reasons therefor within	2451
sixty days of the conference.	2452

(2) If there has been no informal conference held pursuant to	2453
section 1513.071 of the Revised Code, the chief shall notify the	2454
applicant for a permit within a reasonable time as provided by	2455
rule of the chief, taking into account the time needed for proper	2456
investigation of the site, the complexity of the permit	2457
application, whether or not a written objection to the application	2458
has been filed, and whether the application has been approved or	2459
disapproved in whole or in part.	2460

(3) If the application is approved, the permit shall be	2461
issued. If the application is disapproved, specific reasons	2462
therefor shall be set forth in the notification. Within thirty	2463
days after the applicant is notified of the final decision of the	2464
chief on the permit application, the applicant or any person with	2465
an interest that is or may be adversely affected may appeal the	2466
decision to the reclamation commission pursuant to section 1513.13	2467
of the Revised Code.	2468

(4) Any applicant or any person with an interest that is or	2469
may be adversely affected who has participated in the	2470
administrative proceedings as an objector and is aggrieved by the	2471
decision of the reclamation commission, or if the commission fails	2472
to act within the time limits specified in this chapter, may	2473
appeal in accordance with section 1513.14 of the Revised Code.	2474

Sec. 1513.071.  (A) Simultaneously with the filing of an	2475
application for a permit or significant revision of an existing	2476
permit under section 1513.07 of the Revised Code, the applicant	2477
shall submit to the chief of the division of mineral resources	2478
management a copy of histhe applicant's advertisement of the	2479
ownership, precise location, and boundaries of the land to be	2480
affected. At the time of submission, the advertisement shall be	2481
placed by the applicant in a newspaper of general circulation in	2482
the locality of the proposed coal mine at least once a week for	2483
four consecutive weeks. The chief shall notify, in each county or	2484
part of a county in which a proposed area to be permitted is	2485
located, the board of county commissioners, the board of township	2486
trustees, the legislative authorities of municipal corporations,	2487
private water companies, regional councils of governments, and the	2488
boards of directors of conservancy districts informing them of the	2489
operator's intention to conduct a coal mining operation on a	2490
particularly described tract of land and indicating the permit	2491
application number and where a copy of the proposed mining and	2492
reclamation plan may be inspected. The chief shall also notify the	2493
planning commissions with jurisdiction over all or part of the	2494
area to be permitted. These agencies, authorities, or companies	2495
may submit written comments on the application with respect to the	2496
effects of the proposed operation on the environment that are	2497
within their area of responsibility in quadruplicate to the chief	2498
within thirty days after notification by the chief of receipt of	2499
the application. The chief shall immediately transmit these	2500
comments to the applicant and make them available to the public at	2501
the same locations at which the mining application is available	2502
for inspection.	2503

(B) A person having an interest that is or may be adversely	2504
affected or the officer or head of any federal, state, or local	2505
governmental agency or authority may file written objections to	2506
the proposed initial or revised application for a coal mining and	2507
reclamation permit with the chief within thirty days after the	2508
last publication of the notice required by division (A) of this	2509
section. The objections shall immediately be transmitted to the	2510
applicant by the chief and shall be made available to the public.	2511
If written objections are filed and an informal conference	2512
requested, the chief or histhe chief's representative shall then	2513
hold an informal conference on the application for a permit within	2514
a reasonable time in the county where the largest area of the area	2515
to be permitted is located. The date, time, and location of the	2516
informal conference shall be advertised by the chief in a	2517
newspaper of general circulation in the locality at least two	2518
weeks prior to the scheduled conference date. The chief may	2519
arrange with the applicant, upon request by any objecting party,	2520
access to the proposed mining area for the purpose of gathering	2521
information relevant to the proceeding. An electronic or	2522
stenographic record shall be made of the conference proceeding	2523
unless waived by all parties. The record shall be maintained and	2524
shall be accessible to the parties until final release of the	2525
applicant's performance bondsecurity. If all parties requesting	2526
the informal conference stipulate agreement prior to the requested	2527
informal conference and withdraw their request, the informal	2528
conference need not be held.	2529

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

2530

(1) "Potential acidity" means a laboratory measurement of the	2531
amount of acidity that could be produced by material in a rock	2532
strata proposed to be disturbed by mining and that is expressed by	2533
a numeral indicating the number of tons of that acidity that would	2534
be present in one thousand tons of disturbed overburden.	2535

(2) "Neutralization potential" means a laboratory measurement	2536
of the alkalinity of a rock strata expressed as the amount of	2537
acidity that would be neutralized by material proposed to be	2538
disturbed by mining and that is expressed by a numeral indicating	2539
the number of tons of that alkalinity that would be present in one	2540
thousand tons of disturbed overburden.	2541

(3) "Test borings or core samplings" refer to test borings or	2542
core samplings performed on rock strata in an area proposed to be	2543
covered by a permit for a coal mining operation, the results of	2544
which must be stated in the permit application in accordance with	2545
division (B)(1)(o) of section 1513.07 of the Revised Code.	2546

(B) For purposes of the determination of the chief of the	2547
division of mineral resources management regarding whether to	2548
approve an application for a permit for a coal mining operation	2549
based on criteria established in divisions (E)(2)(a) and (c) of	2550
section 1513.07 of the Revised Code and related performance	2551
standards established in division (A)(10) of section 1513.16 of	2552
the Revised Code, the potential acidity and the neutralization	2553
potential of the rock strata that would be disturbed under the	2554
permit shall be calculated in accordance with this section.	2555

(C) The measurement of potential acidity shall be based on	2556
laboratory analyses of the sulfur content of the coal and	2557
overburden to be disturbed by mining. If the results of test	2558
borings or core samplings include laboratory analyses of the	2559
pyritic form of sulfur, the applicant may base the calculation of	2560
the potential acidity for the area on the pyritic sulfur content	2561
of the coal and overburden to be disturbed by mining rather than	2562
on the total sulfur content.	2563

(D) The tons of rock in the area represented by each core	2564
hole resulting from test boring or core sampling shall be	2565
estimated and used to calculate the tons of potential acidity and	2566
tons of neutralization potential for each rock stratum. The sum of	2567
those values across the proposed permit area shall be used to	2568
calculate the site's overall neutralization potential and	2569
potential acidity.	2570

(E) The proposed permit area shall not be considered to have	2571
the potential to create acid or other toxic mine drainage if	2572
either of the following applies:	2573

(1) The numeral that indicates the site's overall	2574
neutralization potential divided by the numeral that indicates the	2575
site's overall potential acidity results in a quotient that is	2576
equal to or greater than two.	2577

(2) The numeral that indicates the neutralization potential	2578
subtracted from the numeral that indicates the potential acidity	2579
results in a remainder that is equal to or less than either of the	2580
following:	2581

(a) Negative five in the case that the total sulfur content	2582
of rock strata is used to calculate potential acidity;	2583

(b) Negative ten in the case that the pyritic sulfur content	2584
of rock strata is used to calculate potential acidity.	2585

Sec. 1513.08.  (A) After a coal mining and reclamation permit	2586
application has been approved, but before the permit is issued,	2587
the applicant shall file with the chief of the division of mineral	2588
resources management, on a form prescribed and furnished by the	2589
chief, a bond for performance payable, as appropriate, to the	2590
state and conditioned upon faithful performance of all the	2591
requirements of this chapter and the permitthe performance	2592
security required under this section. The bond	2593

(B) Using the information contained in the permit	2594
application; the requirements contained in the approved permit and	2595
reclamation plan; and, after considering the topography, geology,	2596
hydrology, and revegetation potential of the area of the approved	2597
permit, the probable difficulty of reclamation; the chief shall be	2598
in the amount of twenty-five hundred dollars times the number of	2599
acres of land upon which the operator states in the application	2600
for a permit the operator will initiate and conduct coal mining	2601
anddetermine the estimated cost of reclamation operations within	2602
under the initial term of the permit if the reclamation has to be	2603
performed by the division of mineral resources management in the	2604
event of forfeiture of the performance security by the applicant.	2605
The minimum amount of a bond shall be ten thousand dollars. The	2606
bondThe chief shall send written notice of the amount of the	2607
estimated cost of reclamation by certified mail to the applicant.	2608
The applicant shall send written notice to the chief indicating	2609
the method by which the applicant will provide the performance	2610
security pursuant to division (C) of this section.	2611

(C) The applicant shall provide the performance security in	2612
an amount using one of the following:	2613

(1) If the applicant elects to provide performance security	2614
without reliance on the reclamation forfeiture fund created in	2615
section 1513.18 of the Revised Code, the amount of the estimated	2616
cost of reclamation as determined by the chief under division (B)	2617
of this section for the increments of land on which the operator	2618
will conduct a coal mining and reclamation operation under the	2619
initial term of the permit as indicated in the application;	2620

(2) If the applicant elects to provide performance security	2621
together with reliance on the reclamation forfeiture fund through	2622
payment of the additional tax on the severance of coal that is	2623
levied under division (A)(8) of section 5749.02 of the Revised	2624
Code, an amount of twenty-five hundred dollars per acre of land on	2625
which the operator will conduct coal mining and reclamation under	2626
the initial term of the permit as indicated in the application.	2627
However, in order to be eligible to provide performance security	2628
in accordance with division (C)(2) of this section, an applicant	2629
shall have held a permit issued under this chapter for any coal	2630
mining and reclamation operation for a period of not less than	2631
five years. In the event of forfeiture of performance security	2632
that was provided in accordance with division (C)(2) of this	2633
section, the difference between the amount of that performance	2634
security and the estimated cost of reclamation as determined by	2635
the chief under division (B) of this section shall be obtained	2636
from money in the reclamation forfeiture fund as needed to	2637
complete the reclamation.	2638

The performance security provided under division (C) of this	2639
section for the entire area to be mined under one permit issued	2640
under this chapter shall not be less than ten thousand dollars.	2641

The performance security shall cover areas of land affected	2642
by mining within or immediately adjacent to the permitted area, so	2643
long as the total number of acres does not exceed the number of	2644
acres bondedfor which the performance security is provided.	2645
However, the authority for bondthe performance security to cover	2646
areas of land immediately adjacent to the permitted area does not	2647
authorize a permittee to mine areas outside an approved permit	2648
area. As succeeding increments of coal mining and reclamation	2649
operations are to be initiated and conducted within the permit	2650
area, the permittee shall file with the chief an additional bond	2651
or bondsperformance security to cover the increments in	2652
accordance with this section. In the event of forfeiture of a	2653
bond, if the bond is insufficient to complete the reclamation, the	2654
chief shall complete the reclamation in accordance with section	2655
1513.18 of the Revised Code using funds from the reclamation	2656
forfeiture fund created in that sectionIf a permittee intends to	2657
mine areas outside the approved permit area, the permittee shall	2658
provide additional performance security in accordance with this	2659
section to cover the areas to be mined.	2660

(B) LiabilityAn applicant shall provide performance security	2661
in accordance with division (C)(1) of this section in the full	2662
amount of the estimated cost of reclamation as determined by the	2663
chief for a permitted coal preparation plant or coal refuse	2664
disposal area that is not located within a permitted area of a	2665
mine. A permittee shall provide the performance security not later	2666
than one year after the effective date of this amendment for a	2667
permitted coal preparation plant or coal refuse disposal area that	2668
is in existence on the effective date of this amendment and that	2669
is not located within a permitted area of a mine.	2670

(D) A permittee's liability under the performance security	2671
shall be limited to the obligations established under the permit,	2672
which include completion of the reclamation plan in order to make	2673
the land capable of supporting the postmining land use that was	2674
approved in the permit. The period of liability under the bond	2675
performance security shall be for the duration of the coal mining	2676
and reclamation operation and for a period coincident with the	2677
operator's responsibility for revegetation requirements under	2678
section 1513.16 of the Revised Code. The bond	2679

(E) The amount of the estimated cost of reclamation	2680
determined under division (B) of this section and the amount of a	2681
permittee's performance security provided in accordance with	2682
division (C)(1) of this section may be adjusted by the chief as	2683
the land that is affected by mining increases or decreases or if	2684
the cost of reclamation increases or decreases. If the performance	2685
security was provided in accordance with division (C)(2) of this	2686
section and the chief has issued a cessation order under division	2687
(D)(2) of section 1513.02 of the Revised Code for failure to abate	2688
a violation of the contemporaneous reclamation requirement under	2689
division (A)(15) of section 1513.16 of the Revised Code, the chief	2690
may require the permittee to increase the amount of performance	2691
security from twenty-five hundred dollars per acre of land to five	2692
thousand dollars per acre of land.	2693

The chief shall notify the permittee, each surety, and any	2694
person who has a property interest in the performance security and	2695
who has requested to be notified of any proposed adjustment to the	2696
performance security. The permittee may request an informal	2697
conference with the chief concerning the proposed adjustment, and	2698
the chief shall provide such an informal conference.	2699

If the chief increases the amount of performance security	2700
under this division, the permittee shall provide additional	2701
performance security in an amount determined by the chief. If the	2702
chief decreases the amount of performance security under this	2703
division, the chief shall determine the amount of the reduction of	2704
the performance security and send written notice of the amount of	2705
reduction to the permittee. The permittee may reduce the amount of	2706
the performance security in the amount determined by the chief.	2707

(F) A permittee may request a reduction in the amount of the	2708
performance security by submitting to the chief documentation	2709
proving that the amount of the performance security provided by	2710
the permittee exceeds the estimated cost of reclamation if the	2711
reclamation would have to be performed by the division in the	2712
event of forfeiture of the performance security. The chief shall	2713
examine the documentation and determine whether the permittee's	2714
performance security exceeds the estimated cost of reclamation. If	2715
the chief determines that the performance security exceeds that	2716
estimated cost, the chief shall determine the amount of the	2717
reduction of the performance security and send written notice of	2718
the amount to the permittee. The permittee may reduce the amount	2719
of the performance security in the amount determined by the chief.	2720
Adjustments in the amount of performance security under this	2721
division shall not be considered release of performance security	2722
and are not subject to section 1513.16 of the Revised Code.	2723

(G) If the performance security is a bond, it shall be	2724
executed by the operator and a corporate surety licensed to do	2725
business in this state, except that the operator may elect to	2726
deposit. If the performance security is a cash, negotiable bonds	2727
of the United States or this state,deposit or negotiable	2728
certificates of deposit of anya bank or savings and loan	2729
association organized or transacting business in the United	2730
States, the bank or savings and loan association shall be licensed	2731
and operating in this state. The cash deposit or market value of	2732
the securities shall be equal to or greater than the amount of the	2733
bondperformance security required for the bonded areaunder this	2734
section. The chief shall review any documents pertaining to the	2735
performance security and approve or disapprove the documents. The	2736
chief shall notify the applicant of the chief's determination.	2737

(C) The(H) If the performance security is a bond, the chief	2738
may accept the bond of the applicant itself without separate	2739
surety when the applicant demonstrates to the satisfaction of the	2740
chief the existence of a suitable agent to receive service of	2741
process and a history of financial solvency and continuous	2742
operation sufficient for authorization to self-insure or bond the	2743
amount.	2744

(D) Cash or securities so deposited shall be deposited upon	2745
the same terms as the terms upon which surety bonds may be	2746
deposited. The securities shall be security for the repayment of	2747
the negotiable certificate of deposit.	2748

(E) The amount of the bond or deposit required and the terms	2749
of each acceptance of the applicant's bond shall be adjusted by	2750
the chief from time to time as affected land acreages are	2751
increased or decreased(I) Performance security provided under	2752
this section may be held in trust, provided that the state is the	2753
conditional beneficiary of the trust and the custodian of the	2754
performance security held in trust is a bank, trust company, or	2755
other financial institution that is licensed and operating in this	2756
state. The chief shall review the trust document and approve or	2757
disapprove the document. The chief shall notify the applicant of	2758
the chief's determination.	2759

(J) If a surety, bank, savings and loan association, trust	2760
company, or other financial institution that holds the performance	2761
security required under this section becomes insolvent, the	2762
permittee shall notify the chief of the insolvency, and the chief	2763
shall order the permittee to submit a plan for replacement	2764
performance security within thirty days after receipt of notice	2765
from the chief. If the permittee provided performance security in	2766
accordance with division (C)(1) of this section, the permittee	2767
shall provide the replacement performance security within ninety	2768
days after receipt of notice from the chief. If the permittee	2769
provided performance security in accordance with division (C)(2)	2770
of this section, the permittee shall provide the replacement	2771
performance security within one year after receipt of notice from	2772
the chief, and, for a period of one year after the permittee's	2773
receipt of notice from the chief or until the permittee provides	2774
the replacement performance security, whichever occurs first,	2775
money in the reclamation forfeiture fund shall be the permittee's	2776
replacement performance security in an amount not to exceed the	2777
estimated cost of reclamation as determined by the chief.	2778

(K) A permittee's responsibility for repairing material	2779
damage and replacement of water supply resulting from subsidence	2780
may be satisfied by liability insurance required under this	2781
chapter in lieu of the permittee's performance security if the	2782
liability insurance policy contains terms and conditions that	2783
specifically provide coverage for repairing material damage and	2784
replacement of water supply resulting from subsidence.	2785

(L) If the performance security provided in accordance with	2786
this section exceeds the estimated cost of reclamation, the chief	2787
may authorize the amount of the performance security that exceeds	2788
the estimated cost of reclamation together with any interest or	2789
other earnings on the performance security to be paid to the	2790
permittee.	2791

Sec. 1513.081. (A) If an operator becomes insolvent, the	2792
division of mineral resources management shall have a priority	2793
lien in front of all other interested creditors against the assets	2794
of that operator for the amount of any reclamation that is	2795
required as a result of the operator's mining activities. The	2796
chief of the division of mineral resources management shall file a	2797
statement in the office of the county recorder of each county in	2798
which the mined land lies of the estimated cost to reclaim the	2799
land. The estimated cost to reclaim the land shall include the	2800
direct and indirect costs of the development, design,	2801
construction, management, and administration of the reclamation.	2802
The statement shall constitute a lien on the assets of the	2803
operator as of the date of the filing. The lien shall continue in	2804
force so long as any portion of the lien remains unpaid or until	2805
the chief issues a certificate of release of the lien. If the	2806
chief issues a certificate of release of the lien, the chief shall	2807
file the certificate of release in the office of each applicable	2808
county recorder.	2809

(B) The chief promptly shall issue a certificate of release	2810
of a lien under any of the following circumstances:	2811

(1) Upon the repayment in full of the money that is necessary	2812
to complete the reclamation;	2813

(2) Upon the transfer of an existing permit that includes the	2814
areas of the operation for which reclamation was not completed to	2815
a different operator;	2816

(3) Any other circumstance that the chief determines to be in	2817
the best interests of the state.	2818

(C) The chief may modify the amount of a lien under this	2819
section. If the chief modifies a lien, the chief shall file a	2820
statement in the office of the county recorder of each applicable	2821
county of the new amount of the lien.	2822

(D) The chief may authorize an agent to hold a certificate of	2823
release in escrow for a period not to exceed one hundred eighty	2824
days for the purpose of facilitating the transfer of unreclaimed	2825
mine land.	2826

(E) All money from the collection of liens under this section	2827
shall be deposited in the state treasury to the credit of the	2828
reclamation forfeiture fund created in section 1513.18 of the	2829
Revised Code.	2830

Sec. 1513.13.  (A)(1) Any person having an interest that is	2831
or may be adversely affected by a notice of violation, order, or	2832
decision of the chief of the division of mineral resources	2833
management, other than a show cause order or an order that adopts	2834
a rule, or by any modification, vacation, or termination of such a	2835
notice, order, or decision, may appeal by filing a notice of	2836
appeal with the reclamation commission for review of the notice,	2837
order, or decision within thirty days after the notice, order, or	2838
decision is served upon the person or within thirty days after its	2839
modification, vacation, or termination and by filing a copy of the	2840
notice of appeal with the chief within three days after filing the	2841
notice of appeal with the commission. The notice of appeal shall	2842
contain a copy of the notice of violation, order, or decision	2843
complained of and the grounds upon which the appeal is based. The	2844
commission has exclusive original jurisdiction to hear and decide	2845
such appeals. The filing of a notice of appeal under division	2846
(A)(1) of this section does not operate as a stay of any order,	2847
notice of violation, or decision of the chief.	2848

(2) The permittee, the chief, and other interested persons	2849
shall be given written notice of the time and place of the hearing	2850
at least five days prior thereto. The hearing shall be of record.	2851

(3) Any person authorized under this section to appeal to the	2852
commission may request an informal review by the chief or the	2853
chief's designee by filing a written request with the chief within	2854
thirty days after a notice, order, decision, modification,	2855
vacation, or termination is served upon the person. Filing of the	2856
written request shall toll the time for appeal before the	2857
commission, but shall not operate as a stay of any order, notice	2858
of violation, or decision of the chief. The chief's determination	2859
of an informal review is appealable to the commission under this	2860
section.	2861

(B) The commission shall affirm the notice of violation,	2862
order, or decision of the chief unless the commission determines	2863
that it is arbitrary, capricious, or otherwise inconsistent with	2864
law; in that case the commission may modify the notice of	2865
violation, order, or decision or vacate it and remand it to the	2866
chief for further proceedings that the commission may direct.	2867

The commission shall conduct hearings and render decisions in	2868
a timely fashion, except that all of the following apply:	2869

(1) When the appeal concerns an order for the cessation of	2870
coal mining and reclamation operations issued pursuant to division	2871
(D)(1) or (2) of section 1513.02 of the Revised Code, the	2872
commission shall issue its written decision within thirty days	2873
after the receipt of the appeal unless temporary relief has been	2874
granted by the chairperson pursuant to division (C) of this	2875
section.	2876

(2) When the appeal concerns an application for a permit	2877
under division (I) of section 1513.07 of the Revised Code, the	2878
commission shall hold a hearing within thirty days after receipt	2879
of the notice of appeal and issue its decision within thirty days	2880
after the hearing.	2881

(3) When the appeal concerns a decision of the chief	2882
regarding release of bonda performance security under division	2883
(F) of section 1513.16 of the Revised Code, the commission shall	2884
hold a hearing within thirty days after receipt of the notice of	2885
appeal and issue its decision within sixty days after the hearing.	2886

(4) When the appeal concerns a decision of the chief	2887
regarding the location of a well in a coal bearing township under	2888
section 1509.08 of the Revised Code, the commission shall hold a	2889
hearing and issue its decision within thirty days after receipt of	2890
the notice of appeal.	2891

(C) The chairperson of the commission, under conditions the	2892
chairperson prescribes, may grant temporary relief the chairperson	2893
considers appropriate pending final determination of an appeal if	2894
all of the following conditions are met:	2895

(1) All parties to the appeal have been notified and given an	2896
opportunity for a hearing to be held in the locality of the	2897
subject site on the request for temporary relief and the	2898
opportunity to be heard on the request.	2899

(2) The person requesting relief shows that there is a	2900
substantial likelihood that the person will prevail on the merits.	2901

(3) The relief will not adversely affect public health or	2902
safety or cause significant imminent environmental harm to land,	2903
air, or water resources.	2904

The chairperson shall issue a decision expeditiously, except	2905
that when the applicant requests relief from an order for the	2906
cessation of coal mining and reclamation operations issued	2907
pursuant to division (D)(1) or (2) of section 1513.02 of the	2908
Revised Code, the decision shall be issued within five days after	2909
its receipt.	2910

Any party to an appeal filed with the commission who is	2911
aggrieved or adversely affected by a decision of the chairperson	2912
to grant or deny temporary relief under this section may appeal	2913
that decision to the commission. The commission may confine its	2914
review to the record developed at the hearing before the	2915
chairperson.	2916

The appeal shall be filed with the commission within thirty	2917
days after the chairperson issues the decision on the request for	2918
temporary relief. The commission shall issue a decision as	2919
expeditiously as possible, except that when the appellant requests	2920
relief from an order for the cessation of coal mining and	2921
reclamation operations issued pursuant to division (D)(1) or (2)	2922
of section 1513.02 of the Revised Code, the decision of the	2923
commission shall be issued within five days after receipt of the	2924
notice of appeal.	2925

The commission shall affirm the decision of the chairperson	2926
granting or denying temporary relief unless it determines that the	2927
decision is arbitrary, capricious, or otherwise inconsistent with	2928
law.	2929

(D) Following the issuance of an order to show cause as to	2930
why a permit should not be suspended or revoked pursuant to	2931
division (D)(3) of section 1513.02 of the Revised Code, the chief	2932
or a representative of the chief shall hold a public adjudicatory	2933
hearing after giving written notice of the time, place, and date	2934
thereof. The hearing shall be of record.	2935

Within sixty days following the public hearing, the chief	2936
shall issue and furnish to the permittee and all other parties to	2937
the hearing a written decision, and the reasons therefor,	2938
concerning suspension or revocation of the permit. If the chief	2939
revokes the permit, the permittee immediately shall cease coal	2940
mining operations on the permit area and shall complete	2941
reclamation within a period specified by the chief, or the chief	2942
shall declare as forfeited the performance bondssecurity for the	2943
operation.	2944

(E)(1) Whenever an enforcement order or permit decision is	2945
appealed under this section or any action is filed under division	2946
(B) of section 1513.15 or 1513.39 of the Revised Code, at the	2947
request of a prevailing party, a sum equal to the aggregate amount	2948
of all costs and expenses, including attorney's fees, as	2949
determined to have been necessary and reasonably incurred by the	2950
prevailing party for or in connection with participation in the	2951
enforcement proceedings before the commission, the court under	2952
section 1513.15 of the Revised Code, or the chief under section	2953
1513.39 of the Revised Code, may be awarded, as considered proper,	2954
in accordance with divisions (E)(1)(a) to (c) of this section. In	2955
no event shall attorney's fees awarded under this section exceed,	2956
for the kind and quality of services, the prevailing market rates	2957
at the time the services were furnished under division (A) of this	2958
section. A party may be entitled to costs and expenses related	2959
solely to the preparation, defense, and appeal of a petition for	2960
costs and expenses, provided that the costs and expenses are	2961
limited and proportionate to costs and expenses otherwise allowed	2962
under division (E) of this section.	2963

(a) A party, other than the permittee or the division of	2964
mineral resources management, shall file a petition, if any, for	2965
an award of costs and expenses, including attorney's fees, with	2966
the chief, who shall review the petition. If the chief finds that	2967
the party, other than the permittee or the division, prevailed in	2968
whole or in part, made a substantial contribution to a full and	2969
fair determination of the issues, and made a contribution separate	2970
and distinct from the contribution made by any other party, the	2971
chief may award to that party the party's costs and expenses,	2972
including attorney's fees that were necessary and reasonably	2973
incurred by the petitioning party for, or in connection with,	2974
participation in the proceeding before the commission.	2975

(b) If a permittee who made a request under division (E)(1)	2976
of this section demonstrates that a party other than a permittee	2977
who initiated an appeal under this section or participated in such	2978
an appeal initiated or participated in the appeal in bad faith and	2979
for the purpose of harassing or embarrassing the permittee, the	2980
permittee may file a petition with the chief. The chief may award	2981
to the permittee the costs and expenses reasonably incurred by the	2982
permittee in connection with participation in the appeal and	2983
assess those costs and expenses against the party who initiated	2984
the appeal.	2985

(c) The division may file, with the commission, a request for	2986
an award to the division of the costs and expenses reasonably	2987
incurred by the division in connection with an appeal initiated	2988
under this section. The commission may assess those costs and	2989
expenses against the party who initiated the appeal if the	2990
division demonstrates that the party initiated or participated in	2991
the appeal in bad faith and for the purpose of harassing or	2992
embarrassing the division.	2993

(2) Whenever an order issued under this section or as a	2994
result of any administrative proceeding under this chapter is the	2995
subject of judicial review, at the request of any party, a sum	2996
equal to the aggregate amount of all costs and expenses, including	2997
attorney's fees, as determined by the court to have been necessary	2998
and reasonably incurred by the party for or in connection with	2999
participation in the proceedings, may be awarded to either party,	3000
in accordance with division (E)(1) of this section, as the court,	3001
on the basis of judicial review, considers proper.	3002

Sec. 1513.16.  (A) Any permit issued under this chapter to	3003
conduct coal mining operations shall require that the operations	3004
meet all applicable performance standards of this chapter and such	3005
other requirements as the chief of the division of mineral	3006
resources management shall adopt by rule. General performance	3007
standards shall apply to all coal mining and reclamation	3008
operations and shall require the operator at a minimum to do all	3009
of the following:	3010

(1) Conduct coal mining operations so as to maximize the	3011
utilization and conservation of the solid fuel resource being	3012
recovered so that reaffecting the land in the future through coal	3013
mining can be minimized;	3014

(2) Restore the land affected to a condition capable of	3015
supporting the uses that it was capable of supporting prior to any	3016
mining, or higher or better uses of which there is reasonable	3017
likelihood, so long as the uses do not present any actual or	3018
probable hazard to public health or safety or pose any actual or	3019
probable threat of diminution or pollution of the waters of the	3020
state, and the permit applicants' declared proposed land uses	3021
following reclamation are not considered to be impractical or	3022
unreasonable, to be inconsistent with applicable land use policies	3023
and plans, to involve unreasonable delay in implementation, or to	3024
violate federal, state, or local law;	3025

(3) Except as provided in division (B) of this section, with	3026
respect to all coal mining operations, backfill, compact where	3027
advisable to ensure stability or to prevent leaching of toxic	3028
materials, and grade in order to restore the approximate original	3029
contour of the land with all highwalls, spoil piles, and	3030
depressions eliminated unless small depressions are needed in	3031
order to retain moisture to assist revegetation or as otherwise	3032
authorized pursuant to this chapter, provided that if the operator	3033
demonstrates that due to volumetric expansion the amount of	3034
overburden and the spoil and waste materials removed in the course	3035
of the mining operation are more than sufficient to restore the	3036
approximate original contour, the operator shall backfill, grade,	3037
and compact the excess overburden and other spoil and waste	3038
materials to attain the lowest grade, but not more than the angle	3039
of repose, and to cover all acid-forming and other toxic materials	3040
in order to achieve an ecologically sound land use compatible with	3041
the surrounding region in accordance with the approved mining	3042
plan. The overburden or spoil shall be shaped and graded in such a	3043
way as to prevent slides, erosion, and water pollution and shall	3044
be revegetated in accordance with this chapter.	3045

(4) Stabilize and protect all surface areas, including spoil	3046
piles affected by the coal mining and reclamation operation, to	3047
control erosion and attendant air and water pollution effectively;	3048

(5) Remove the topsoil from the land in a separate layer,	3049
replace it on the backfill area, or, if not utilized immediately,	3050
segregate it in a separate pile from the spoil, and when the	3051
topsoil is not replaced on a backfill area within a time short	3052
enough to avoid deterioration of the topsoil, maintain a	3053
successful cover by quick-growing plants or other means thereafter	3054
so that the topsoil is preserved from wind and water erosion,	3055
remains free of any contamination by acid or other toxic material,	3056
and is in a usable condition for sustaining vegetation when	3057
restored during reclamation. If the topsoil is of insufficient	3058
quantity or of poor quality for sustaining vegetation or if other	3059
strata can be shown to be more suitable for vegetation	3060
requirements, the operator shall remove, segregate, and preserve	3061
in a like manner such other strata as are best able to support	3062
vegetation.	3063

(6) Restore the topsoil or the best available subsoil that is	3064
best able to support vegetation;	3065

(7) For all prime farmlands as identified in division	3066
(B)(2)(1)(p) of section 1513.07 of the Revised Code to be mined	3067
and reclaimed, perform soil removal, storage, replacement, and	3068
reconstruction in accordance with specifications established by	3069
the secretary of the United States department of agriculture under	3070
the "Surface Mining Control and Reclamation Act of 1977," 91 Stat.	3071
445, 30 U.S.C.A. 1201. The operator, at a minimum, shall be	3072
required to do all of the following:	3073

(a) Segregate the A horizon of the natural soil, except where	3074
it can be shown that other available soil materials will create a	3075
final soil having a greater productive capacity, and, if not	3076
utilized immediately, stockpile this material separately from the	3077
spoil and provide needed protection from wind and water erosion or	3078
contamination by acid or other toxic material;	3079

(b) Segregate the B horizon of the natural soil, or	3080
underlying C horizons or other strata, or a combination of such	3081
horizons or other strata that are shown to be both texturally and	3082
chemically suitable for plant growth and that can be shown to be	3083
equally or more favorable for plant growth than the B horizon, in	3084
sufficient quantities to create in the regraded final soil a root	3085
zone of comparable depth and quality to that which existed in the	3086
natural soil, and, if not utilized immediately, stockpile this	3087
material separately from the spoil and provide needed protection	3088
from wind and water erosion or contamination by acid or other	3089
toxic material;	3090

(c) Replace and regrade the root zone material described in	3091
division (A)(7)(b) of this section with proper compaction and	3092
uniform depth over the regraded spoil material;	3093

(d) Redistribute and grade in a uniform manner the surface	3094
soil horizon described in division (A)(7)(a) of this section.	3095

(8) Create, if authorized in the approved mining and	3096
reclamation plan and permit, permanent impoundments of water on	3097
mining sites as part of reclamation activities only when it is	3098
adequately demonstrated by the operator that all of the following	3099
conditions will be met:	3100

(a) The size of the impoundment is adequate for its intended	3101
purposes.	3102

(b) The impoundment dam construction will be so designed as	3103
to achieve necessary stability with an adequate margin of safety	3104
compatible with that of structures constructed under the	3105
"Watershed Protection and Flood Prevention Act," 68 Stat. 666	3106
(1954), 16 U.S.C. 1001, as amended.	3107

(c) The quality of impounded water will be suitable on a	3108
permanent basis for its intended use and discharges from the	3109
impoundment will not degrade the water quality below water quality	3110
standards established pursuant to applicable federal and state law	3111
in the receiving stream.	3112

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

3113

(e) Final grading will provide adequate safety and access for	3114
proposed water users.	3115

(f) The water impoundments will not result in the diminution	3116
of the quality or quantity of water utilized by adjacent or	3117
surrounding landowners for agricultural, industrial, recreational,	3118
or domestic uses.	3119

(9) Conduct any augering operation associated with strip	3120
mining in a manner to maximize recoverability of mineral reserves	3121
remaining after the operation and reclamation are complete and	3122
seal all auger holes with an impervious and noncombustible	3123
material in order to prevent drainage, except where the chief	3124
determines that the resulting impoundment of water in such auger	3125
holes may create a hazard to the environment or the public health	3126
or safety. The chief may prohibit augering if necessary to	3127
maximize the utilization, recoverability, or conservation of the	3128
solid fuel resources or to protect against adverse water quality	3129
impacts.	3130

(10) Minimize the disturbances to the prevailing hydrologic	3131
balance at the mine site and in associated offsite areas and to	3132
the quality and quantity of water in surface and ground water	3133
systems both during and after coal mining operations and during	3134
reclamation by doing all of the following:	3135

(a) Avoiding acid or other toxic mine drainage by such	3136
measures as, but not limited to:	3137

(i) Preventing or removing water from contact with toxic	3138
producing deposits;	3139

(ii) Treating drainage to reduce toxic content that adversely	3140
affects downstream water upon being released to water courses in	3141
accordance with rules adopted by the chief in accordance with	3142
section 1513.02 of the Revised Code;	3143

(iii) Casing, sealing, or otherwise managing boreholes,	3144
shafts, and wells, and keeping acid or other toxic drainage from	3145
entering ground and surface waters.	3146

(b)(i) Conducting coal mining operations so as to prevent, to	3147
the extent possible using the best technology currently available,	3148
additional contributions of suspended solids to streamflow or	3149
runoff outside the permit area, but in no event shall	3150
contributions be in excess of requirements set by applicable state	3151
or federal laws;	3152

(ii) Constructing any siltation structures pursuant to	3153
division (A)(10)(b)(i) of this section prior to commencement of	3154
coal mining operations. The structures shall be certified by	3155
persons approved by the chief to be constructed as designed and as	3156
approved in the reclamation plan.	3157

(c) Cleaning out and removing temporary or large settling	3158
ponds or other siltation structures from drainways after disturbed	3159
areas are revegetated and stabilized, and depositing the silt and	3160
debris at a site and in a manner approved by the chief;	3161

(d) Restoring recharge capacity of the mined area to	3162
approximate premining conditions;	3163

(e) Avoiding channel deepening or enlargement in operations	3164
requiring the discharge of water from mines;	3165

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

3166

(11) With respect to surface disposal of mine wastes,	3167
tailings, coal processing wastes, and other wastes in areas other	3168
than the mine working areas or excavations, stabilize all waste	3169
piles in designated areas through construction in compacted	3170
layers, including the use of noncombustible and impervious	3171
materials if necessary, and ensure that the final contour of the	3172
waste pile will be compatible with natural surroundings and that	3173
the site can and will be stabilized and revegetated according to	3174
this chapter;	3175

(12) Refrain from coal mining within five hundred feet of	3176
active and abandoned underground mines in order to prevent	3177
breakthroughs and to protect the health or safety of miners. The	3178
chief shall permit an operator to mine near, through, or partially	3179
through an abandoned underground mine or closer than five hundred	3180
feet to an active underground mine if both of the following	3181
conditions are met:	3182

(a) The nature, timing, and sequencing of the approximate	3183
coincidence of specific strip mine activities with specific	3184
underground mine activities are approved by the chief;.	3185

(b) The operations will result in improved resource recovery,	3186
abatement of water pollution, or elimination of hazards to the	3187
health and safety of the public.	3188

(13) Design, locate, construct, operate, maintain, enlarge,	3189
modify, and remove or abandon, in accordance with the standards	3190
and criteria developed pursuant to rules adopted by the chief, all	3191
existing and new coal mine waste piles consisting of mine wastes,	3192
tailings, coal processing wastes, or other liquid and solid	3193
wastes, and used either temporarily or permanently as dams or	3194
embankments;	3195

(14) Ensure that all debris, acid-forming materials, toxic	3196
materials, or materials constituting a fire hazard are treated or	3197
buried and compacted or otherwise disposed of in a manner designed	3198
to prevent contamination of ground or surface waters and that	3199
contingency plans are developed to prevent sustained combustion;	3200

(15) Ensure that all reclamation efforts proceed in an	3201
environmentally sound manner and as contemporaneously as	3202
practicable with the coal mining operations, except that where the	3203
applicant proposes to combine strip mining operations with	3204
underground mining operations to ensure maximum practical recovery	3205
of the mineral resources, the chief may grant a variance for	3206
specific areas within the reclamation plan from the requirement	3207
that reclamation efforts proceed as contemporaneously as	3208
practicable to permit underground mining operations prior to	3209
reclamation if:	3210

(a) The chief finds in writing that:

3211

(i) The applicant has presented, as part of the permit	3212
application, specific, feasible plans for the proposed underground	3213
mining operations.	3214

(ii) The proposed underground mining operations are necessary	3215
or desirable to ensure maximum practical recovery of the mineral	3216
resource and will avoid multiple disturbance of the surface.	3217

(iii) The applicant has satisfactorily demonstrated that the	3218
plan for the underground mining operations conforms to	3219
requirements for underground mining in this state and that permits	3220
necessary for the underground mining operations have been issued	3221
by the appropriate authority.	3222

(iv) The areas proposed for the variance have been shown by	3223
the applicant to be necessary for the implementing of the proposed	3224
underground mining operations.	3225

(v) No substantial adverse environmental damage, either	3226
on-site or off-site, will result from the delay in completion of	3227
reclamation as required by this chapter.	3228

(vi) Provisions for the off-site storage of spoil will comply	3229
with division (A)(21) of this section.	3230

(b) The chief has adopted specific rules to govern the	3231
granting of such variances in accordance with this division and	3232
has imposed such additional requirements as the chief considers	3233
necessary.	3234

(c) Variances granted under this division shall be reviewed	3235
by the chief not more than three years from the date of issuance	3236
of the permit.	3237

(d) Liability under the bondperformance security filed by	3238
the applicant with the chief pursuant to section 1513.08 of the	3239
Revised Code shall be for the duration of the underground mining	3240
operations and until the requirements of this section and section	3241
1513.08 of the Revised Code have been fully complied with.	3242

(16) Ensure that the construction, maintenance, and	3243
postmining conditions of access roads into and across the site of	3244
operations will control or prevent erosion and siltation,	3245
pollution of water, and damage to fish or wildlife or their	3246
habitat, or to public or private property;	3247

(17) Refrain from the construction of roads or other access	3248
ways up a stream bed or drainage channel or in such proximity to	3249
the channel as to seriously alter the normal flow of water;	3250

(18) Establish, on the regraded areas and all other lands	3251
affected, a diverse, effective, and permanent vegetative cover of	3252
the same seasonal variety native to the area of land to be	3253
affected and capable of self-regeneration and plant succession at	3254
least equal in extent of cover to the natural vegetation of the	3255
area, except that introduced species may be used in the	3256
revegetation process where desirable and necessary to achieve the	3257
approved postmining land use plan;	3258

(19)(a) Assume the responsibility for successful	3259
revegetation, as required by division (A)(18) of this section, for	3260
a period of five full years after the last year of augmented	3261
seeding, fertilizing, irrigation, or other work in order to ensure	3262
compliance with that division, except that when the chief approves	3263
a long-term intensive agricultural postmining land use, the	3264
applicable five-year period of responsibility for revegetation	3265
shall commence at the date of initial planting for that long-term	3266
intensive agricultural postmining land use, and except that when	3267
the chief issues a written finding approving a long-term intensive	3268
agricultural postmining land use as part of the mining and	3269
reclamation plan, the chief may grant an exception to division	3270
(A)(18) of this section;	3271

(b) On lands eligible for remining, assume the responsibility	3272
for successful revegetation, as required by division (A)(18) of	3273
this section, for a period of two full years after the last year	3274
of augmented seeding, fertilizing, irrigation, or other work in	3275
order to ensure compliance with that division.	3276

(20) Protect off-site areas from slides or damage occurring	3277
during the coal mining and reclamation operations and not deposit	3278
spoil material or locate any part of the operations or waste	3279
accumulations outside the permit area;	3280

(21) Place all excess spoil material resulting from coal	3281
mining and reclamation operations in such a manner that all of the	3282
following apply:	3283

(a) Spoil is transported and placed in a controlled manner in	3284
position for concurrent compaction and in such a way as to ensure	3285
mass stability and to prevent mass movement.	3286

(b) The areas of disposal are within the bonded permit areas	3287
for which performance security has been provided. All organic	3288
matter shall be removed immediately prior to spoil placement	3289
except in the zoned concept method.	3290

(c) Appropriate surface and internal drainage systems and	3291
diversion ditches are used so as to prevent spoil erosion and mass	3292
movement.	3293

(d) The disposal area does not contain springs, natural	3294
watercourses, or wet weather seeps unless lateral drains are	3295
constructed from the wet areas to the main underdrains in such a	3296
manner that filtration of the water into the spoil pile will be	3297
prevented unless the zoned concept method is used.	3298

(e) If placed on a slope, the spoil is placed upon the most	3299
moderate slope among those slopes upon which, in the judgment of	3300
the chief, the spoil could be placed in compliance with all the	3301
requirements of this chapter and is placed, where possible, upon,	3302
or above, a natural terrace, bench, or berm if that placement	3303
provides additional stability and prevents mass movement.	3304

(f) Where the toe of the spoil rests on a downslope, a rock	3305
toe buttress of sufficient size to prevent mass movement is	3306
constructed.	3307

(g) The final configuration is compatible with the natural	3308
drainage pattern and surroundings and suitable for intended uses.	3309

(h) Design of the spoil disposal area is certified by a	3310
qualified registered professional engineer in conformance with	3311
professional standards.	3312

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

3313

(22) Meet such other criteria as are necessary to achieve	3314
reclamation in accordance with the purpose of this chapter, taking	3315
into consideration the physical, climatological, and other	3316
characteristics of the site;	3317

(23) To the extent possible, using the best technology	3318
currently available, minimize disturbances and adverse impacts of	3319
the operation on fish, wildlife, and related environmental values,	3320
and achieve enhancement of such resources where practicable;	3321

(24) Provide for an undisturbed natural barrier beginning at	3322
the elevation of the lowest coal seam to be mined and extending	3323
from the outslope for such distance as the chief shall determine	3324
to be retained in place as a barrier to slides and erosion.	3325

(B)(1) The chief may permit mining operations for the	3326
purposes set forth in division (B)(3) of this section.	3327

(2) When an applicant meets the requirements of divisions	3328
(B)(3) and (4) of this section, a permit without regard to the	3329
requirement to restore to approximate original contour known as	3330
mountain top removal set forth in divisions (A)(3) or (C)(2) and	3331
(3) of this section may be granted for the mining of coal where	3332
the mining operation will remove an entire coal seam or seams	3333
running through the upper fraction of a mountain, ridge, or hill,	3334
except as provided in division (B)(4)(a) of this section, by	3335
removing all of the overburden and creating a level plateau or a	3336
gently rolling contour with no highwalls remaining, and capable of	3337
supporting postmining uses in accordance with this division.	3338

(3) In cases where an industrial, commercial, agricultural,	3339
residential, or public facility use, including recreational	3340
facilities, is proposed for the postmining use of the affected	3341
land, the chief may grant a permit for a mining operation of the	3342
nature described in division (B)(2) of this section when all of	3343
the following apply:	3344

(a) After consultation with the appropriate land use planning	3345
agencies, if any, the proposed postmining land use is considered	3346
to constitute an equal or better economic or public use of the	3347
affected land, as compared with premining use.	3348

(b) The applicant presents specific plans for the proposed	3349
postmining land use and appropriate assurances that the use will	3350
be all of the following:	3351

(i) Compatible with adjacent land uses;

3352

(ii) Obtainable according to data regarding expected need and	3353
market;	3354

(iii) Assured of investment in necessary public facilities;

3355

(iv) Supported by commitments from public agencies where	3356
appropriate;	3357

(v) Practicable with respect to private financial capability	3358
for completion of the proposed use;	3359

(vi) Planned pursuant to a schedule attached to the	3360
reclamation plan so as to integrate the mining operation and	3361
reclamation with the postmining land use;	3362

(vii) Designed by a registered engineer in conformity with	3363
professional standards established to ensure the stability,	3364
drainage, and configuration necessary for the intended use of the	3365
site.	3366

(c) The proposed use is consistent with adjacent land uses	3367
and existing state and local land use plans and programs.	3368

(d) The chief provides the governing body of the unit of	3369
general-purpose local government in which the land is located, and	3370
any state or federal agency that the chief, in the chief's	3371
discretion, determines to have an interest in the proposed use, an	3372
opportunity of not more than sixty days to review and comment on	3373
the proposed use.	3374

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

3375

(4) In granting a permit pursuant to this division, the chief	3376
shall require that each of the following is met:	3377

(a) The toe of the lowest coal seam and the overburden	3378
associated with it are retained in place as a barrier to slides	3379
and erosion.	3380

(b) The reclaimed area is stable.

3381

(c) The resulting plateau or rolling contour drains inward	3382
from the outslopes except at specified points.	3383

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

3384

(e) Spoil will be placed on the mountaintop bench as is	3385
necessary to achieve the planned postmining land use, except that	3386
all excess spoil material not retained on the mountaintop bench	3387
shall be placed in accordance with division (A)(21) of this	3388
section.	3389

(f) Stability of the spoil retained on the mountaintop bench	3390
is ensured and the other requirements of this chapter are met.	3391

(5) The chief shall adopt specific rules to govern the	3392
granting of permits in accordance with divisions (B)(1) to (4) of	3393
this section and may impose such additional requirements as the	3394
chief considers necessary.	3395

(6) All permits granted under divisions (B)(1) to (4) of this	3396
section shall be reviewed not more than three years from the date	3397
of issuance of the permit unless the applicant affirmatively	3398
demonstrates that the proposed development is proceeding in	3399
accordance with the terms of the approved schedule and reclamation	3400
plan.	3401

(C) All of the following performance standards apply to	3402
steep-slope coal mining and are in addition to those general	3403
performance standards required by this section, except that this	3404
division does not apply to those situations in which an operator	3405
is mining on flat or gently rolling terrain on which an occasional	3406
steep slope is encountered through which the mining operation is	3407
to proceed, leaving a plain or predominantly flat area, or where	3408
an operator is in compliance with division (B) of this section:	3409

(1) The operator shall ensure that when performing coal	3410
mining on steep slopes, no debris, abandoned or disabled	3411
equipment, spoil material, or waste mineral matter is placed on	3412
the downslope below the bench or mining cut. Spoil material in	3413
excess of that required for the reconstruction of the approximate	3414
original contour under division (A)(3) or (C)(2) of this section	3415
shall be permanently stored pursuant to division (A)(21) of this	3416
section.	3417

(2) The operator shall complete backfilling with spoil	3418
material to cover completely the highwall and return the site to	3419
the approximate original contour, which material will maintain	3420
stability following mining and reclamation.	3421

(3) The operator shall not disturb land above the top of the	3422
highwall unless the chief finds that the disturbance will	3423
facilitate compliance with the environmental protection standards	3424
of this section, except that any such disturbance involving land	3425
above the highwall shall be limited to that amount of land	3426
necessary to facilitate compliance.	3427

(D)(1) The chief may permit variances for the purposes set	3428
forth in division (D)(3) of this section, provided that the	3429
watershed control of the area is improved and that complete	3430
backfilling with spoil material shall be required to cover	3431
completely the highwall, which material will maintain stability	3432
following mining and reclamation.	3433

(2) Where an applicant meets the requirements of divisions	3434
(D)(3) and (4) of this section, a variance from the requirement to	3435
restore to approximate original contour set forth in division	3436
(C)(2) of this section may be granted for the mining of coal when	3437
the owner of the surface knowingly requests in writing, as a part	3438
of the permit application, that such a variance be granted so as	3439
to render the land, after reclamation, suitable for an industrial,	3440
commercial, residential, or public use, including recreational	3441
facilities, in accordance with divisions (D)(3) and (4) of this	3442
section.	3443

(3) A variance pursuant to division (D)(2) of this section	3444
may be granted if:	3445

(a) After consultation with the appropriate land use planning	3446
agencies, if any, the potential use of the affected land is	3447
considered to constitute an equal or better economic or public	3448
use.	3449

(b) The postmining land condition is designed and certified	3450
by a registered professional engineer in conformity with	3451
professional standards established to ensure the stability,	3452
drainage, and configuration necessary for the intended use of the	3453
site.	3454

(c) After approval of the appropriate state environmental	3455
agencies, the watershed of the affected land is considered to be	3456
improved.	3457

(4) In granting a variance pursuant to division (D) of this	3458
section, the chief shall require that only such amount of spoil	3459
will be placed off the mine bench as is necessary to achieve the	3460
planned postmining land use, ensure stability of the spoil	3461
retained on the bench, and meet all other requirements of this	3462
chapter. All spoil placement off the mine bench shall comply with	3463
division (A)(21) of this section.	3464

(5) The chief shall adopt specific rules to govern the	3465
granting of variances under division (D) of this section and may	3466
impose such additional requirements as the chief considers	3467
necessary.	3468

(6) All variances granted under division (D) of this section	3469
shall be reviewed not more than three years from the date of	3470
issuance of the permit unless the permittee affirmatively	3471
demonstrates that the proposed development is proceeding in	3472
accordance with the terms of the reclamation plan.	3473

(E) The chief shall establish standards and criteria	3474
regulating the design, location, construction, operation,	3475
maintenance, enlargement, modification, removal, and abandonment	3476
of new and existing coal mine waste piles referred to in division	3477
(A)(13) of this section and division (A)(5) of section 1513.35 of	3478
the Revised Code. The standards and criteria shall conform to the	3479
standards and criteria used by the chief of the United States army	3480
corps of engineers to ensure that flood control structures are	3481
safe and effectively perform their intended function. In addition	3482
to engineering and other technical specifications, the standards	3483
and criteria developed pursuant to this division shall include	3484
provisions for review and approval of plans and specifications	3485
prior to construction, enlargement, modification, removal, or	3486
abandonment; performance of periodic inspections during	3487
construction; issuance of certificates of approval upon completion	3488
of construction; performance of periodic safety inspections; and	3489
issuance of notices for required remedial or maintenance work.	3490

(F)(1) The permittee may file a request with the chief for	3491
release of a part of a performance bond or depositsecurity under	3492
division (F)(3) of this section. Within thirty days after any	3493
request for bond or depositperformance security release under	3494
this section has been filed with the chief, the operator shall	3495
submit a copy of an advertisement placed at least once a week for	3496
four successive weeks in a newspaper of general circulation in the	3497
locality of the coal mining operation. The advertisement shall be	3498
considered part of any bondperformance security release	3499
application and shall contain a notification of the precise	3500
location of the land affected, the number of acres, the permit	3501
number and the date approved, the amount of the bondperformance	3502
security filed and the portion sought to be released, the type and	3503
appropriate dates of reclamation work performed, and a description	3504
of the results achieved as they relate to the operator's approved	3505
reclamation plan and, if applicable, the operator's pollution	3506
abatement plan. In addition, as part of any bondperformance	3507
security release application, the applicant shall submit copies of	3508
the letters sent to adjoining property owners, local governmental	3509
bodies, planning agencies, and sewage and water treatment	3510
authorities or water companies in the locality in which the coal	3511
mining and reclamation activities took place, notifying them of	3512
the applicant's intention to seek release from the bond	3513
performance security.	3514

(2) Upon receipt of a copy of the advertisement and request	3515
for release of a bond or depositperformance security under	3516
division (F)(3)(c) of this section, the chief, within thirty days,	3517
shall conduct an inspection and evaluation of the reclamation work	3518
involved. The evaluation shall consider, among other things, the	3519
degree of difficulty to complete any remaining reclamation,	3520
whether pollution of surface and subsurface water is occurring,	3521
the probability of continuation or future occurrence of the	3522
pollution, and the estimated cost of abating the pollution. The	3523
chief shall notify the permittee in writing of the decision to	3524
release or not to release all or part of the performance bond or	3525
depositsecurity within sixty days after the filing of the request	3526
if no public hearing is held pursuant to division (F)(6) of this	3527
section or, if there has been a public hearing held pursuant to	3528
division (F)(6) of this section, within thirty days thereafter.	3529

(3) The chief may release the bond or depositperformance	3530
security if the reclamation covered by the bond or deposit	3531
performance security or portion thereof has been accomplished as	3532
required by this chapter and rules adopted under it according to	3533
the following schedule:	3534

(a) When the operator completes the backfilling, regrading,	3535
and drainage control of a bondedan area for which performance	3536
security has been provided in accordance with the approved	3537
reclamation plan, and, if the area covered by the bond or deposit	3538
performance security is one for which an authorization was made	3539
under division (E)(7) of section 1513.07 of the Revised Code, the	3540
operator has complied with the approved pollution abatement plan	3541
and all additional requirements established by the chief in rules	3542
adopted under section 1513.02 of the Revised Code governing coal	3543
mining and reclamation operations on pollution abatement areas,	3544
the chief shall grant a release of fifty per cent of the bond or	3545
depositperformance security for the applicable permit area.	3546

(b) After resoiling and revegetation have been established on	3547
the regraded mined lands in accordance with the approved	3548
reclamation plan, the chief shall grant a release in an amount not	3549
exceeding thirty-five per cent of the original bond or deposit	3550
performance security for all or part of the affected area under	3551
the permit. When determining the amount of bondperformance	3552
security to be released after successful revegetation has been	3553
established, the chief shall retain that amount of bond	3554
performance security for the revegetated area that would be	3555
sufficient for a third party to cover the cost of reestablishing	3556
revegetation for the period specified for operator responsibility	3557
in this section for reestablishing revegetation. No part of the	3558
bond or depositperformance security shall be released under this	3559
division so long as the lands to which the release would be	3560
applicable are contributing suspended solids to streamflow or	3561
runoff outside the permit area in excess of the requirements of	3562
this section or until soil productivity for prime farmlands has	3563
returned to equivalent levels of yield as nonmined land of the	3564
same soil type in the surrounding area under equivalent management	3565
practices as determined from the soil survey performed pursuant to	3566
section 1513.07 of the Revised Code. If the area covered by the	3567
bond or depositperformance security is one for which an	3568
authorization was made under division (E)(7) of section 1513.07 of	3569
the Revised Code, no part of the bond or depositperformance	3570
security shall be released under this division until the operator	3571
has complied with the approved pollution abatement plan and all	3572
additional requirements established by the chief in rules adopted	3573
under section 1513.02 of the Revised Code governing coal mining	3574
and reclamation operations on pollution abatement areas. Where a	3575
silt dam is to be retained as a permanent impoundment pursuant to	3576
division (A)(10) of this section, the portion of bondperformance	3577
security may be released under this division so long as provisions	3578
for sound future maintenance by the operator or the landowner have	3579
been made with the chief.	3580

(c) When the operator has completed successfully all coal	3581
mining and reclamation activities, including, if applicable, all	3582
additional requirements established in the pollution abatement	3583
plan approved under division (E)(7) of section 1513.07 of the	3584
Revised Code and all additional requirements established by the	3585
chief in rules adopted under section 1513.02 of the Revised Code	3586
governing coal mining and reclamation operations on pollution	3587
abatement areas, the chief shall release all or any of the	3588
remaining portion of the bond or depositperformance security for	3589
all or part of the affected area under a permit, but not before	3590
the expiration of the period specified for operator responsibility	3591
in this section, except that the chief may adopt rules for a	3592
variance to the operator period of responsibility considering	3593
vegetation success and probability of continued growth and consent	3594
of the landowner, provided that no bondperformance security shall	3595
be fully released until all reclamation requirements of this	3596
chapter are fully met.	3597

(4) If the chief disapproves the application for release of	3598
the bond or depositperformance security or portion thereof, the	3599
chief shall notify the permittee, in writing, stating the reasons	3600
for disapproval and recommending corrective actions necessary to	3601
secure the release, and allowing the opportunity for a public	3602
adjudicatory hearing.	3603

(5) When any application for total or partial bond	3604
performance security release is filed with the chief under this	3605
section, the chief shall notify the municipal corporation in which	3606
the coal mining operation is located by certified mail at least	3607
thirty days prior to the release of all or a portion of the bond	3608
performance security.	3609

(6) A person with a valid legal interest that might be	3610
adversely affected by release of a bondperformance security under	3611
this section or the responsible officer or head of any federal,	3612
state, or local government agency that has jurisdiction by law or	3613
special expertise with respect to any environmental, social, or	3614
economic impact involved in the operation or is authorized to	3615
develop and enforce environmental standards with respect to such	3616
operations may file written objections to the proposed release	3617
from the bondperformance security with the chief within thirty	3618
days after the last publication of the notice required by division	3619
(F)(1) of this section. If written objections are filed and an	3620
informal conference is requested, the chief shall inform all	3621
interested parties of the time and place of the conference. The	3622
date, time, and location of the informal conference shall be	3623
advertised by the chief in a newspaper of general circulation in	3624
the locality of the coal mining operation proposed for bond	3625
performance security release for at least once a week for two	3626
consecutive weeks. The informal conference shall be held in the	3627
locality of the coal mining operation proposed for bond	3628
performance security release or in Franklin county, at the option	3629
of the objector, within thirty days after the request for the	3630
conference. An electronic or stenographic record shall be made of	3631
the conference proceeding unless waived by all parties. The record	3632
shall be maintained and shall be accessible to the parties until	3633
final release of the performance bondsecurity at issue. In the	3634
event all parties requesting the informal conference stipulate	3635
agreement prior to the requested informal conference and withdraw	3636
their request, the informal conference need not be held.	3637

(7) If an informal conference has been held pursuant to	3638
division (F)(6) of this section, the chief shall issue and furnish	3639
the applicant and persons who participated in the conference with	3640
the written decision regarding the release within sixty days after	3641
the conference. Within thirty days after notification of the final	3642
decision of the chief regarding the bondperformance security	3643
release, the applicant or any person with an interest that is or	3644
may be adversely affected by the decision may appeal the decision	3645
to the reclamation commission pursuant to section 1513.13 of the	3646
Revised Code.	3647

(8)(a) Except as provided in division (F)(8)(c) of this	3648
section, if the chief determines that a permittee is responsible	3649
for mine drainage that requires water treatment after reclamation	3650
is completed under the terms of the permit or that a permittee	3651
must provide an alternative water supply after reclamation is	3652
completed under the terms of the permit, the permittee shall	3653
provide alternative financial security in an amount determined by	3654
the chief prior to the release of the remaining portion of	3655
performance security under division (F)(3)(c) of this section. The	3656
alternative financial security shall be in an amount that is equal	3657
to or greater than the present value of the estimated cost over	3658
time to develop and implement mine drainage plans and provide	3659
water treatment or in an amount that is necessary to provide and	3660
maintain an alternative water supply, as applicable. The	3661
alternative financial security shall include a contract, trust, or	3662
other agreement or mechanism that is enforceable under law to	3663
provide long-term water treatment or a long-term alternative water	3664
supply, or both.	3665

(b) The chief shall adopt rules in accordance with Chapter	3666
119. of the Revised Code that are necessary for the administration	3667
of division (F)(8)(a) of this section.	3668

(c) Division (F)(8)(a) of this section does not apply while	3669
the chief's determination of a permittee's responsibility under	3670
that division is the subject of a good faith administrative or	3671
judicial appeal contesting the validity of the determination. If	3672
after completion of the appeal there is an enforceable	3673
administrative or judicial decision affirming or modifying the	3674
chief's determination, the permittee shall provide the alternative	3675
financial security in an amount established in the administrative	3676
or judicial decision.	3677

(9) Final release of the performance security in accordance	3678
with division (F)(3)(c) of this section terminates the	3679
jurisdiction of the chief under this chapter over the reclaimed	3680
site of a surface coal mining and reclamation operation or	3681
applicable portion of an operation. However, the chief shall	3682
reassert jurisdiction over such a site if the release was based on	3683
fraud, collusion, or misrepresentation of a material fact and the	3684
chief, in writing, demonstrates evidence of the fraud, collusion,	3685
or misrepresentation. Any person with an interest that is or may	3686
be adversely affected by the chief's determination may appeal the	3687
determination to the reclamation commission in accordance with	3688
section 1513.13 of the Revised Code.	3689

(G) The chief shall adopt rules governing the criteria for	3690
forfeiture of bondperformance security, the method of determining	3691
the forfeited amount, and the procedures to be followed in the	3692
event of forfeiture. Cash received as the result of such	3693
forfeiture is the property of the state.	3694

Sec. 1513.17.  (A) No person shall:

3695

(1) Engage in coal mining or conduct a coal mining operation	3696
without a permit issued by the chief of the division of mineral	3697
resources management;	3698

(2) Knowingly violate a condition or exceed the limits of a	3699
permit;	3700

(3) Knowingly fail to comply with an order of the chief	3701
issued under this chapter;	3702

(4) Knowingly violate any provision of this chapter not	3703
specifically mentioned in this section;	3704

(5) Knowingly make any false statement, representation, or	3705
certification or knowingly fail to make any statement,	3706
representation, or certification in any application, record,	3707
report, plan, or other document filed or required to be maintained	3708
under this chapter or under a final order or decision issued by	3709
the chief;	3710

(6) Knowingly prevent, hinder, delay, or otherwise obstruct	3711
the operator from completing backfilling, grading, resoiling,	3712
establishing successful vegetation, and meeting all other	3713
reclamation requirements of this chapter prior to the final	3714
release of the operator's bondperformance security.	3715

(B) Division (A)(1) of this section imposes strict criminal	3716
liability.	3717

Sec. 1513.171. (A) For the purpose of claiming a credit under	3718
section 5749.11 of the Revised Code, an operator with a valid	3719
permit issued under section 1513.07 of the Revised Code may submit	3720
an application to the chief of the division of mineral resources	3721
management to perform reclamation on land or water resources that	3722
are not within the area of the applicant's permit and that have	3723
been adversely affected by past coal mining for which the	3724
performance security was forfeited. The chief shall provide the	3725
application form. The application shall include all of the	3726
following:	3727

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

3728

(2) The valid permit number of the operator;

3729

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

3730

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

3731

(5) A reclamation plan that describes the work to be done to	3732
reclaim the land or water resources. The plan shall include a	3733
description of how the plan is consistent with local physical,	3734
environmental, and climatological conditions and the measures to	3735
be taken during the reclamation to ensure the protection of water	3736
systems.	3737

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

3738

(7) An estimate of the timetables for accomplishing the	3739
reclamation;	3740

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

3741

The chief shall approve, disapprove, or approve with	3742
modifications the application concerning the proposed reclamation	3743
work. If the chief approves the application, the applicant may	3744
commence reclamation in accordance with the timetables included in	3745
the application. Upon the completion of the reclamation to the	3746
satisfaction of the chief, the chief shall issue a numbered	3747
reclamation tax credit certificate showing the amount of the	3748
credit and the identity of the recipient.	3749

(B) The chief shall determine the amount of the credit in	3750
accordance with this section and rules adopted under it. The	3751
amount of the credit shall be equal to the cost that the division	3752
of mineral resources management would have expended from the	3753
reclamation forfeiture fund created in section 1513.18 of the	3754
Revised Code to complete the reclamation.	3755

(C) The chief shall adopt rules in accordance with Chapter	3756
119. of the Revised Code that are necessary to administer this	3757
section. The rules shall establish all of the following:	3758

(1) A procedure that the chief shall use to determine the	3759
amount of the credit issued under this section;	3760

(2) A procedure by which the chief may obtain consent of the	3761
owners of land or water resources to allow reclamation work for	3762
purposes of this section;	3763

(3) A procedure for delivery of notice to the owners of land	3764
or water resources on which the reclamation work is to be	3765
performed. The rules shall require the notice to include the date	3766
on which the reclamation work is scheduled to begin.	3767

Sec. 1513.18.  (A) All money that becomes the property of the	3768
state under division (G) of section 1513.16 of the Revised Code	3769
shall be deposited in the reclamation forfeiture fund, which is	3770
hereby created in the state treasury. Disbursements from the fund	3771
shall be made by the chief of the division of mineral resources	3772
management for the purpose of reclaiming areas of land affected by	3773
coal mining under a coal mining and reclamation permit issued on	3774
or after September 1, 1981, on which an operator has defaulted.	3775

(B) The fund also shall consist of any moneys transferred to	3776
it under this division from the unreclaimed lands fund created in	3777
section 1513.30all money from the collection of liens under	3778
section 1513.081 of the Revised Code, any moneys transferred to it	3779
under section 1513.181 of the Revised Code from the coal mining	3780
and reclamation reserve fund created in that section, fines	3781
collected under division (E) of section 1513.02 and section	3782
1513.99 of the Revised Code, fines collected for a violation of	3783
section 2921.31 of the Revised Code that, prior to July 1, 1996,	3784
would have been a violation of division (G) of section 1513.17 of	3785
the Revised Code as it existed prior to that date, and moneys	3786
collected and credited to it pursuant to section 5749.02 of the	3787
Revised Code. Disbursements from the fund shall be made by the	3788
chief in accordance with division (D) of this section for the	3789
purpose of reclaiming areas that an operator has affected by	3790
mining and failed to reclaim under a coal mining and reclamation	3791
permit issued under this chapter or under a surface mining permit	3792
issued under Chapter 1514. of the Revised Code. The chief's	3793
priority for management of the fund, including the selection of	3794
projects and transfer of moneys, shall be to ensure that	3795
sufficient moneys are available for the reclamation of areas	3796
affected by mining under a coal mining and reclamation permit.	3797

The chief may expend moneys from the fund to pay necessary	3798
administrative costs, including engineering and design services,	3799
incurred by the division of mineral resources management in	3800
reclaiming these areas. The chief also may expend moneys from the	3801
fund to pay necessary administrative costs of the reclamation	3802
forfeiture fund advisory board created in section 1513.182 of the	3803
Revised Code as authorized by the board under that section.	3804
Expenditures from the fund to pay such administrative costs need	3805
not be made under contract.	3806

As moneys are spent from the fund, the director of budget and	3807
management, upon the certification of the chief, shall transfer	3808
additional moneys from the unreclaimed lands fund created in	3809
section 1513.30 of the Revised Code that the chief requests,	3810
provided that the director shall not transfer more than one	3811
million dollars from the unreclaimed lands fund to the reclamation	3812
forfeiture fund during any fiscal year.	3813

(C) Except when paying necessary administrative costs	3814
authorized by division (B) of this section, expenditures from the	3815
fund shall be made under contracts entered into by the chief, with	3816
the approval of the director of natural resources, in accordance	3817
with procedures established by the chief, by rules adopted in	3818
accordance with section 1513.02 of the Revised Code. The chief	3819
may reclaim the land in the same manner as set forth in sections	3820
1513.21 to 1513.24 of the Revised Code. Each contract awarded by	3821
the chief shall be awarded to the lowest responsive and	3822
responsible bidder, in accordance with section 9.312 of the	3823
Revised Code, after sealed bids are received, opened, and	3824
published at the time and place fixed by the chief. The chief	3825
shall publish notice of the time and place at which bids will be	3826
received, opened, and published, at least once and at least ten	3827
days before the date of the opening of the bids, in a newspaper of	3828
general circulation in the county in which the area of land to be	3829
reclaimed under the contract is located. If, after advertising, no	3830
bids are received at the time and place fixed for receiving them,	3831
the chief may advertise again for bids, or, if the chief considers	3832
the public interest will best be served, the chief may enter into	3833
a contract for the reclamation of the area of land without further	3834
advertisement for bids. The chief may reject any or all bids	3835
received and again publish notice of the time and place at which	3836
bids for contracts will be received, opened, and published. The	3837
chief, with the approval of the director, may enter into a	3838
contract with the landowner, a coal mine operator or surface mine	3839
operator mining under a current, valid permit issued under this	3840
chapter or Chapter 1514. of the Revised Code, or a contractor	3841
hired by the surety or trustee, if the performance security is	3842
held in trust, to complete reclamation to carry out reclamation on	3843
land affected by coal mining on which an operator has defaulted	3844
without advertising for bids.	3845

(D) If the amount of(1) The chief shall expend money	3846
credited to the reclamation forfeiture fund from the forfeiture of	3847
the bondperformance security applicable to thean area of land is	3848
not sufficient to pay the cost of doing all of the reclamation	3849
work on land that the operator should have done, but failed to do	3850
under a coal mining and reclamation permit, the chief may expend	3851
from the moneys credited to the fund under section 5749.02 of the	3852
Revised Code or transferred to the fund under division (B) of this	3853
section or under section 1513.181 of the Revised Code the amount	3854
of money necessary to completeto pay for the cost of the	3855
reclamation work to the standards required by this chapterof the	3856
land.	3857

(2) If the performance security for the area of land was	3858
provided under division (C)(1) of section 1513.08 of the Revised	3859
Code, the chief shall use the money from the forfeited performance	3860
security to complete the reclamation that the operator failed to	3861
do under the operator's applicable coal mining and reclamation	3862
permit issued under this chapter.	3863

(3) If the performance security for the area of land was	3864
provided under division (C)(2) of section 1513.08 of the Revised	3865
Code, the chief shall use the money from the forfeited performance	3866
security to complete the reclamation that the operator failed to	3867
do under the operator's applicable coal mining and reclamation	3868
permit issued under this chapter. If the money credited to the	3869
reclamation forfeiture fund from the forfeiture of the performance	3870
security provided under division (C)(2) of section 1513.08 of the	3871
Revised Code is not sufficient to complete the reclamation, the	3872
chief shall notify the reclamation forfeiture fund advisory board	3873
of the amount of the insufficiency. Upon receipt of the	3874
notification, the board shall authorize an expenditure of money	3875
from the fund in an amount equal to the insufficiency. The chief	3876
may expend, in the amount authorized by the board, money credited	3877
to the reclamation forfeiture fund under section 5749.02 of the	3878
Revised Code or transferred to the fund under section 1513.181 of	3879
the Revised Code to complete the reclamation. The board shall not	3880
authorize the expenditure of and the chief shall not expend money	3881
from the fund in an amount that exceeds the difference between the	3882
amount of the performance security provided under division (C)(2)	3883
of section 1513.08 of the Revised Code and the estimated cost of	3884
reclamation as determined by the chief under divisions (B) and (E)	3885
of that section.	3886

(4) Money from the reclamation forfeiture fund shall not be	3887
used for reclamation of land or water resources affected by	3888
material damage from subsidence, mine drainage that requires	3889
extended water treatment after reclamation is completed under the	3890
terms of the permit, or coal preparation plants or coal refuse	3891
disposal areas not located within a permitted area of a mine if	3892
performance security for the area of land was provided under	3893
division (C)(2) of section 1513.08 of the Revised Code.	3894

(E) The chief shall keep a detailed accounting of the	3895
expenditures from the reclamation forfeiture fund to complete	3896
reclamation of the land and, upon completion of the reclamation,	3897
shall certify the expenditures to the attorney general. Upon the	3898
chief's certification of the expenditures from the reclamation	3899
forfeiture fund, the attorney general shall bring an action for	3900
that amount of money. The operator is liable for that expense in	3901
addition to any other liabilities imposed by law. Moneys so	3902
recovered shall be credited to the reclamation forfeiture fund.	3903
The chief shall not postpone the reclamation because of any action	3904
brought by the attorney general under this division. Prior to	3905
completing reclamation, the chief may collect through the attorney	3906
general any additional amount that the chief believes will be	3907
necessary for reclamation in excess of the forfeited bond	3908
performance security amount applicable to the land that the	3909
operator should have, but failed to, reclaim.	3910

(F) IfExcept as otherwise provided in division (H) of this	3911
section, if any part of the moneys in the reclamation forfeiture	3912
fund remains in the fund after the chief has caused the area of	3913
land to be reclaimed and has paid all the reclamation costs and	3914
expenses, the chief may expend those moneys to complete other	3915
reclamation work performed under this section on forfeiture areas	3916
affected under a coal mining and reclamation permit issued on or	3917
after September 1, 1981.	3918

(G) The chief shall require every contractor performing	3919
reclamation work pursuant to this section to pay workers at the	3920
greater of their regular rate of pay, as established by contract,	3921
agreement, or prior custom or practice, or the average wage rate	3922
paid in this state for the same or similar work as determined by	3923
the chief under section 1513.02 of the Revised Code.	3924

(H) All investment earnings of the fund shall be credited to	3925
the fund and shall be used only for the reclamation of land for	3926
which performance security was provided under division (C)(2) of	3927
section 1513.08 of the Revised Code.	3928

Sec. 1513.181.  There is hereby created in the state treasury	3929
the coal mining administration and reclamation reserve fund. The	3930
fund shall be used for the administration and enforcement of this	3931
chapter. The chief of the division of mineral resources management	3932
may transfer not more than one million dollars annually from the	3933
fund to the reclamation forfeiture fund created in section 1513.18	3934
of the Revised Code to complete reclamation of lands affected by	3935
coal mining under a permit issued under this chapter, or by	3936
surface mining under a surface mining permit issued under Chapter	3937
1514. of the Revised Code, that the operator failed to reclaim and	3938
for which the operator's bondperformance security is insufficient	3939
to complete the reclamation. Within ten days before or after the	3940
beginning of each calendar quarter, the chief may certify to the	3941
director of budget and management the amount of money needed to	3942
perform such reclamation during the quarter for transfer from the	3943
coal mining administration and reclamation reserve fund to the	3944
reclamation forfeiture fund.	3945

Fines collected under division (E) of section 1513.02 and	3946
section 1513.99 of the Revised Code, and fines collected for a	3947
violation of section 2921.31 of the Revised Code that, prior to	3948
July 1, 1996, would have been a violation of division (G) of	3949
section 1513.17 of the Revised Code as it existed prior to that	3950
date, shall be paid into the coal mining administration and	3951
reclamation reserve fund.	3952

If the director of natural resources determines it to be	3953
necessary, the director may request the controlling board to	3954
transfer an amount of money from the coal mining administration	3955
and reclamation reserve fund to the unreclaimed lands fund created	3956
in section 1513.30 of the Revised Code.	3957

Sec. 1513.182. (A) There is hereby created the reclamation	3958
forfeiture fund advisory board consisting of the director of	3959
natural resources, the director of insurance, and five members	3960
appointed by the governor with the advice and consent of the	3961
senate. Of the governor's appointments, one shall be a certified	3962
public accountant, one shall be a registered professional engineer	3963
with experience in reclamation of mined land, one shall represent	3964
agriculture, agronomy, or forestry, one shall be a representative	3965
of operators of coal mining operations that have valid permits	3966
issued under this chapter and that have provided performance	3967
security under division (C)(1) of section 1513.08 of the Revised	3968
Code, and one shall be a representative of operators of coal	3969
mining operations that have valid permits issued under this	3970
chapter and that have provided performance security under division	3971
(C)(2) of section 1513.08 of the Revised Code.	3972

Of the original members appointed by the governor, two shall	3973
serve an initial term of two years, two an initial term of three	3974
years, and one an initial term of four years. Thereafter, terms of	3975
appointed members shall be for four years, with each term ending	3976
on the same date as the original date of appointment. An appointed	3977
member shall hold office from the date of appointment until the	3978
end of the term for which the member was appointed. Vacancies	3979
shall be filled in the same manner as original appointments. A	3980
member appointed to fill a vacancy occurring prior to the	3981
expiration of the term for which the member's predecessor was	3982
appointed shall hold office for the remainder of that term. A	3983
member shall continue in office subsequent to the expiration date	3984
of the member's term until the member's successor takes office or	3985
until a period of sixty days has elapsed, whichever occurs first.	3986
The governor may remove an appointed member of the board for	3987
misfeasance, nonfeasance, or malfeasance.	3988

The directors of natural resources and insurance shall not	3989
receive compensation for serving on the board, but shall be	3990
reimbursed for the actual and necessary expenses incurred in the	3991
performance of their duties as members of the board. The members	3992
appointed by the governor shall receive per diem compensation	3993
fixed pursuant to division (J) of section 124.15 of the Revised	3994
Code and reimbursement for the actual and necessary expenses	3995
incurred in the performance of their duties.	3996

(B) The board annually shall elect from among its members a	3997
chairperson, a vice-chairperson, and a secretary to record the	3998
board's meetings.	3999

(C) The board shall hold meetings as often as necessary as	4000
the chairperson or a majority of the members determines.	4001

(D) The board shall establish procedures for conducting	4002
meetings and for the election of its chairperson,	4003
vice-chairperson, and secretary.	4004

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

4005

(1) Review the deposits into and expenditures from the	4006
reclamation forfeiture fund created in section 1513.18 of the	4007
Revised Code;	4008

(2) Authorize the expenditure of money from the reclamation	4009
forfeiture fund in accordance with section 1513.18 of the Revised	4010
Code to pay the administrative costs of the board and to pay	4011
reclamation costs specified in division (D)(3) of that section;	4012

(3) Retain periodically a qualified actuary to perform an	4013
actuarial study of the reclamation forfeiture fund;	4014

(4) Based on an actuarial study and as determined necessary	4015
by the board, adopt rules in accordance with Chapter 119. of the	4016
Revised Code to adjust the rate of the tax levied under division	4017
(A)(8) of section 5749.02 of the Revised Code and the balance of	4018
the reclamation forfeiture fund that pertains to that rate;	4019

(5) Evaluate any rules, procedures, and methods for	4020
estimating the cost of reclamation for purposes of determining the	4021
amount of performance security that is required under section	4022
1513.08 of the Revised Code; the collection of forfeited	4023
performance security; payments to the reclamation forfeiture fund;	4024
reclamation of sites for which operators have forfeited the	4025
performance security; and the compliance of operators with their	4026
reclamation plans;	4027

(6) Provide a forum for discussion of issues related to the	4028
reclamation forfeiture fund and the performance security that is	4029
required under section 1513.08 of the Revised Code;	4030

(7) Submit a report biennially to the governor that describes	4031
the financial status of the reclamation forfeiture fund and the	4032
adequacy of the amount of money in the fund to accomplish the	4033
purposes of the fund and that may discuss any matter related to	4034
the performance security that is required under section 1513.08 of	4035
the Revised Code;	4036

(8) Make recommendations to the governor, if necessary, of	4037
alternative methods of providing money for or using money in the	4038
reclamation forfeiture fund and issues related to the reclamation	4039
of land or water resources that have been adversely affected by	4040
past coal mining for which the performance security was forfeited;	4041

(9) Adopt rules in accordance with Chapter 119. of the	4042
Revised Code that are necessary to administer this section.	4043

Sec. 1513.29.  There is hereby created the council on	4044
unreclaimed strip mined lands. Its members are the chief of the	4045
division of mineral resources management, four persons appointed	4046
by the director of natural resources, two members of the house of	4047
representatives appointed by the speaker of the house of	4048
representatives, one member of the house of representatives	4049
appointed by the minority leader of the house of representatives,	4050
two members of the senate appointed by the president of the	4051
senate, and one member of the senate appointed by the minority	4052
leader of the senate.	4053

Members who are members of the general assembly shall serve	4054
terms of four years or until their legislative terms end,	4055
whichever is sooner. Members appointed by the director shall serve	4056
terms of four years, except that the terms of the first four	4057
members shall be for two and four years, as designated by the	4058
director. Any vacancy in the office of a member of the council	4059
shall be filled by the appointing authority for the unexpired term	4060
of the member whose office will be vacant. The appointing	4061
authority may at any time remove a member of the council for	4062
misfeasance, nonfeasance, malfeasance, or conflict of interest in	4063
office.	4064

The council shall hold at least four regular quarterly	4065
meetings each year. Special meetings may be heldas necessary at	4066
the call of the chairperson or a majority of the members. The	4067
council shall annually elect from among its members a chairperson,	4068
a vice-chairperson, and a secretary to keep a record of its	4069
proceedings.	4070

The council shall gather information, study, and make	4071
recommendations concerning the number of acres, location,	4072
ownership, condition, environmental damage resulting from the	4073
condition, cost of acquiring, reclaiming, and possible future uses	4074
and value of eroded lands within the state, including land	4075
affected by strip mining for which no cash is held in the strip	4076
mining reclamation forfeiture fund created in section 1513.18 of	4077
the Revised Code.	4078

The council may employ such staff and hire such consultants	4079
as necessary to perform its duties. Members appointed by the	4080
director and, notwithstanding section 101.26 of the Revised Code,	4081
members who are members of the general assembly, when engaged in	4082
their official duties as members of the council, shall be	4083
compensated on a per diem basis in accordance with division (J) of	4084
section 124.15 of the Revised Code. Members shall be reimbursed	4085
for their necessary expenses. Expenses incurred by the council and	4086
compensation provided under this section shall be paid by the	4087
chief of the division of mineral resources management from the	4088
unreclaimed lands fund created in section 1513.30 of the Revised	4089
Code.	4090

The council shall report its findings and recommendations to	4091
the governor and the general assembly not later than January 1,	4092
1974, and biennially thereafter.	4093

Sec. 1513.30.  There is hereby created in the state treasury	4094
the unreclaimed lands fund, to be administered by the chief of the	4095
division of mineral resources management and used for the purpose	4096
of reclaiming land, public or private, affected by mining, or	4097
controlling mine drainage, for which no cash is held in the	4098
reclamation forfeiture fund created in section 1513.18 of the	4099
Revised Code or the surface mining fund created in section 1514.06	4100
of the Revised Code and also for the purpose of paying the	4101
expenses and compensation of the council on unreclaimed strip	4102
mined lands as required by section 1513.29 of the Revised Code.	4103

In order to direct expenditures from the unreclaimed lands	4104
fund toward reclamation projects that fulfill priority needs and	4105
provide the greatest public benefits, the chief periodically shall	4106
submit to the council project proposals to be financed from the	4107
unreclaimed lands fund, together with benefit and cost data and	4108
other pertinent information. For the purpose of selecting project	4109
areas and determining the boundaries of project areas, the council	4110
shall consider the feasibility, cost, and public benefits of	4111
reclaiming the areas, their potential for being mined, the	4112
availability of federal or other financial assistance for	4113
reclamation, and the geographic distribution of project areas to	4114
ensure fair distribution among affected areas.	4115

The council shall give priority to areas where there is	4116
little or no likelihood of mining within the foreseeable future,	4117
reclamation is feasible at reasonable cost with available funds,	4118
and either of the following applies:	4119

(A) The pollution of the waters of the state and damage to	4120
adjacent property are most severe and widespread;.	4121

(B) Reclamation will make possible public uses for soil,	4122
water, forest, or wildlife conservation or public recreation	4123
purposes, will facilitate orderly commercial or industrial site	4124
development, or will facilitate the use or improve the enjoyment	4125
of nearby public conservation or recreation lands.	4126

At least two weeks before any meeting of the council on	4127
unreclaimed strip mined lands at which the chief will submit a	4128
project proposal, a project area will be selected, or the	4129
boundaries of a project area will be determined, the chief shall	4130
mail notice by first class mail to the board of county	4131
commissioners of the county and the board of township trustees of	4132
the township in which the proposed project lies and the chief	4133
executive and the legislative authority of each municipal	4134
corporation within the proposed project area. The chief also shall	4135
give reasonable notice to the news media in the county where the	4136
proposed project lies.	4137

Expenditures from the unreclaimed lands fund for reclamation	4138
projects may be made only for projects that are within the	4139
boundaries of project areas approved by the council, and	4140
expenditures for a particular project may not exceed any	4141
applicable limits set by the council. Expenditures from the	4142
unreclaimed lands fund shall be made by the chief, with the	4143
approval of the director of natural resources.	4144

The controlling board may transfer excess funds from the oil	4145
and gas well fund created in section 1509.02 of the Revised Code,	4146
after recommendation by the council on unreclaimed strip mined	4147
lands, to meet deficiencies in the unreclaimed lands fund.	4148

The chief may expend an amount not to exceed twenty per cent	4149
of the moneys credited annually by the treasurer of state to the	4150
unreclaimed lands fund for the purpose of administering the fund.	4151

The chief may engage in cooperative projects under this	4152
section with any agency of the United States, appropriate state	4153
agencies, or state universities or colleges as defined in section	4154
3345.27 of the Revised Code and may transfer money from the fund,	4155
with the approval of the council, to other appropriate state	4156
agencies or to state universities or colleges in order to carry	4157
out the reclamation activities authorized by this section.	4158

If the director of natural resources determines it to be	4159
necessary, the director may request the controlling board to	4160
transfer an amount of money from the fund to the coal mining	4161
administration and reclamation reserve fund created in section	4162
1513.181 of the Revised Code.	4163

Sec. 1513.37.  (A) There is hereby created in the state	4164
treasury the abandoned mine reclamation fund, which shall be	4165
administered by the chief of the division of mineral resources	4166
management. The fund shall consist of grants from the secretary of	4167
the interior from the federal abandoned mine reclamation fund	4168
established by Title IV of the "Surface Mining Control and	4169
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201,	4170
regulations adopted under it, and amendments to the act and	4171
regulations. Expenditures from the abandoned mine reclamation	4172
fund shall be made by the chief for the following purposes:	4173

(1) Reclamation and restoration of land and water resources	4174
adversely affected by past coal mining, including, but not limited	4175
to, reclamation and restoration of abandoned strip mine areas,	4176
abandoned coal processing areas, and abandoned coal refuse	4177
disposal areas; sealing and filling of abandoned deep mine entries	4178
and voids; planting of land adversely affected by past coal	4179
mining; prevention of erosion and sedimentation; prevention,	4180
abatement, treatment, and control of water pollution created by	4181
coal mine drainage, including restoration of streambeds and	4182
construction and operation of water treatment plants; prevention,	4183
abatement, and control of burning coal refuse disposal areas and	4184
burning coal in situ; and prevention, abatement, and control of	4185
coal mine subsidence;	4186

(2) Acquisition and filling of voids and sealing of tunnels,	4187
shafts, and entryways of noncoal lands;	4188

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

4189

(4) Administrative expenses incurred in accomplishing the	4190
purposes of this section;	4191

(5) All other necessary expenses to accomplish the purposes	4192
of this section.	4193

(B) Expenditures of moneys from the fund on land and water	4194
eligible pursuant to division (C) of this section shall reflect	4195
the following priorities in the order stated:	4196

(1) The protection of public health, safety, general welfare,	4197
and property from extreme danger of adverse effects of coal mining	4198
practices;	4199

(2) The protection of public health, safety, and general	4200
welfare from adverse effects of coal mining practices;	4201

(3) The restoration of land and water resources and the	4202
environment previously degraded by adverse effects of coal mining	4203
practices, including measures for the conservation and development	4204
of soil and water (excluding channelization), woodland, fish and	4205
wildlife, recreation resources, and agricultural productivity;	4206

(4) Research and demonstration projects relating to the	4207
development of coal mining reclamation and water quality control	4208
program methods and techniques;	4209

(5) The protection, repair, replacement, construction, or	4210
enhancement of public facilities such as utilities, roads,	4211
recreation facilities, and conservation facilities adversely	4212
affected by coal mining practices;	4213

(6) The development of publicly owned land adversely affected	4214
by coal mining practices, including land acquired as provided in	4215
this section for recreation and historic purposes, conservation	4216
and reclamation purposes, and open space benefits.	4217

(C)(1) Lands and water eligible for reclamation or drainage	4218
abatement expenditures under this section are those that were	4219
mined for coal or were affected by such mining, wastebanks, coal	4220
processing, or other coal mining processes and that meet one of	4221
the following criteria:	4222

(a) Are lands that were abandoned or left in an inadequate	4223
reclamation status prior to August 3, 1977, and for which there is	4224
no continuing reclamation responsibility under state or federal	4225
laws;	4226

(b) Are lands for which the chief finds that surface coal	4227
mining operations occurred at any time between August 4, 1977, and	4228
August 16, 1982, and that any moneys for reclamation or abatement	4229
that are available pursuant to a bond, performance security, or	4230
other form of financial guarantee or from any other source are not	4231
sufficient to provide for adequate reclamation or abatement at the	4232
site;	4233

(c) Are lands for which the chief finds that surface coal	4234
mining operations occurred at any time between August 4, 1977, and	4235
November 5, 1990, that the surety of the mining operator became	4236
insolvent during that time, and that, as of November 5, 1990, any	4237
moneys immediately available from proceedings relating to that	4238
insolvency or from any financial guarantee or other source are not	4239
sufficient to provide for adequate reclamation or abatement at the	4240
site.	4241

(2) In determining which sites to reclaim pursuant to	4242
divisions (C)(1)(b) and (c) of this section, the chief shall	4243
follow the priorities stated in divisions (B)(1) and (2) of this	4244
section and shall ensure that priority is given to those sites	4245
that are in the immediate vicinity of a residential area or that	4246
have an adverse economic impact on a local community.	4247

(3) Surface coal mining operations on lands eligible for	4248
remining shall not affect the eligibility of those lands for	4249
reclamation and restoration under this section after the release	4250
of the bond, performance security, or other form of financial	4251
guarantee for any such operation as provided under division (F) of	4252
section 1513.16 of the Revised Code. If the bond, performance	4253
security, or other form of financial guarantee for a surface coal	4254
mining operation on lands eligible for remining is forfeited,	4255
moneys available under this section may be used if the amount of	4256
the bond, performance security, or other form of financial	4257
guarantee is not sufficient to provide for adequate reclamation or	4258
abatement, except that if conditions warrant, the chief	4259
immediately shall exercise the authority granted under division	4260
(L) of this section.	4261

(D) The chief may submit to the secretary of the interior a	4262
state reclamation plan and annual projects to carry out the	4263
purposes of this section.	4264

(1) The reclamation plan generally shall identify the areas	4265
to be reclaimed, the purposes for which the reclamation is	4266
proposed, the relationship of the lands to be reclaimed and the	4267
proposed reclamation to surrounding areas, the specific criteria	4268
for ranking and identifying projects to be funded, and the legal	4269
authority and programmatic capability to perform the work in	4270
accordance with this section.	4271

(2) On an annual basis, the chief may submit to the secretary	4272
an application for support of the abandoned mine reclamation fund	4273
and implementation of specific reclamation projects. The annual	4274
requests shall include such information as may be requested by the	4275
secretary.	4276

Before submitting an annual application to the secretary, the	4277
chief first shall submit it to the council on unreclaimed strip	4278
mined lands for review and approval by the council. The chief	4279
shall not submit such an application to the secretary until it has	4280
been approved by the council. The chief shall submit applications	4281
for administrative costs, imminent hazards, or emergency projects	4282
to the council for review.	4283

(3) The costs for each proposed project under this section	4284
shall include actual construction costs, actual operation and	4285
maintenance costs of permanent facilities, planning and	4286
engineering costs, construction inspection costs, and other	4287
necessary administrative expenses.	4288

(4) Before making any expenditure of funds from the fund to	4289
implement any specific reclamation project under this section, the	4290
chief first shall submit to the council a project proposal and any	4291
other pertinent information regarding the project requested by the	4292
council for review and approval of the specific project by the	4293
council.	4294

(5) The chief may submit annual and other reports required by	4295
the secretary when funds are provided by the secretary under Title	4296
IV of the "Surface Mining Control and Reclamation Act of 1977," 91	4297
Stat. 445, 30 U.S.C.A. 1201, regulations adopted under it, and	4298
amendments to the act and regulations.	4299

(E)(1) There is hereby created in the state treasury the acid	4300
mine drainage abatement and treatment fund, which shall be	4301
administered by the chief. The fund shall consist of grants from	4302
the secretary of the interior from the federal abandoned mine	4303
reclamation fund pursuant to section 402(g)(6) of Title IV of the	4304
"Surface Mining Control and Reclamation Act of 1977," 91 Stat.	4305
445, 30 U.S.C.A. 1201. All investment earnings of the fund shall	4306
be credited to the fund.	4307

(2) The chief shall make expenditures from the fund, in	4308
consultation with the United States department of agriculture,	4309
soil conservation service, to implement acid mine drainage	4310
abatement and treatment plans approved by the secretary. The plans	4311
shall provide for the comprehensive abatement of the causes and	4312
treatment of the effects of acid mine drainage within qualified	4313
hydrologic units affected by coal mining practices and shall	4314
include at least all of the following:	4315

(a) An identification of the qualified hydrologic unit. As	4316
used in division (E) of this section, "qualified hydrologic unit"	4317
means a hydrologic unit that meets all of the following criteria:	4318

(i) The water quality in the unit has been significantly	4319
affected by acid mine drainage from coal mining practices in a	4320
manner that has an adverse impact on biological resources.	4321

(ii) The unit contains lands and waters that meet the	4322
eligibility requirements established under division (C) of this	4323
section and any of the priorities established in divisions (B)(1)	4324
to (3) of this section.	4325

(iii) The unit contains lands and waters that are proposed to	4326
be the subject of expenditures from the reclamation forfeiture	4327
fund created in section 1513.18 of the Revised Code or the	4328
unreclaimed lands fund created in section 1513.30 of the Revised	4329
Code.	4330

(b) The extent to which acid mine drainage is affecting the	4331
water quality and biological resources within the hydrologic unit;	4332

(c) An identification of the sources of acid mine drainage	4333
within the hydrologic unit;	4334

(d) An identification of individual projects and the measures	4335
proposed to be undertaken to abate and treat the causes or effects	4336
of acid mine drainage within the hydrologic unit;	4337

(e) The cost of undertaking the proposed abatement and	4338
treatment measures;	4339

(f) An identification of existing and proposed sources of	4340
funding for those measures;	4341

(g) An analysis of the cost-effectiveness and environmental	4342
benefits of abatement and treatment measures.	4343

(3) The chief may make grants of moneys from the acid mine	4344
drainage abatement and treatment fund to watershed groups for	4345
conducting projects to accomplish the purposes of this section. A	4346
grant may be made in an amount equal to not more than fifty per	4347
cent of each of the following:	4348

(a) Reasonable and necessary expenses for the collection and	4349
analysis of data sufficient to do either or both of the following:	4350

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

4351

(ii) Monitor the quality of water in a qualified hydrologic	4352
unit before, during, and at any time after completion of the	4353
project by the watershed group.	4354

(b) Engineering design costs and construction costs involved	4355
in the project, provided that the project is conducted in a	4356
qualified hydrologic unit and the chief considers the project to	4357
be a priority.	4358

A watershed group that wishes to obtain a grant under	4359
division (E)(3) of this section shall submit an application to the	4360
chief on forms provided by the division of mineral resources	4361
management, together with detailed estimates and timetables for	4362
accomplishing the stated goals of the project and any other	4363
information that the chief requires.	4364

For the purposes of establishing priorities for awarding	4365
grants under division (E)(3) of this section, the chief shall	4366
consider each project's feasibility, cost-effectiveness, and	4367
environmental benefit, together with the availability of matching	4368
funding, including in-kind services, for the project.	4369

The chief shall enter into a contract for funding with each	4370
applicant awarded a grant to ensure that the moneys granted are	4371
used for the purposes of this section and that the work that the	4372
project involves is done properly. The contract is not subject to	4373
division (B) of section 127.16 of the Revised Code. The final	4374
payment of grant moneys shall not be made until the chief inspects	4375
and approves the completed project.	4376

The chief shall require each applicant awarded a grant under	4377
this section who conducts a project involving construction work to	4378
pay workers at the greater of their regular rate of pay, as	4379
established by contract, agreement, or prior custom or practice,	4380
or the average wage rate paid in this state for the same or	4381
similar work performed in the same or a similar locality by	4382
private companies doing similar work on similar projects.	4383

As used in division (E)(3) of this section, "watershed group"	4384
means a charitable organization as defined in section 1716.01 of	4385
the Revised Code that has been established for the purpose of	4386
conducting reclamation of land and waters adversely affected by	4387
coal mining practices and specifically for conducting acid mine	4388
drainage abatement.	4389

(F)(1) If the chief makes a finding of fact that land or	4390
water resources have been adversely affected by past coal mining	4391
practices; the adverse effects are at a stage where, in the public	4392
interest, action to restore, reclaim, abate, control, or prevent	4393
the adverse effects should be taken; the owners of the land or	4394
water resources where entry must be made to restore, reclaim,	4395
abate, control, or prevent the adverse effects of past coal mining	4396
practices are not known or are not readily available; or the	4397
owners will not give permission for the state, political	4398
subdivisions, or their agents, employees, or contractors to enter	4399
upon the property to restore, reclaim, abate, control, or prevent	4400
the adverse effects of past coal mining practices; then, upon	4401
giving notice by mail to the owners, if known, or, if not known,	4402
by posting notice upon the premises and advertising once in a	4403
newspaper of general circulation in the municipal corporation or	4404
county in which the land lies, the chief or the chief's agents,	4405
employees, or contractors may enter upon the property adversely	4406
affected by past coal mining practices and any other property to	4407
have access to the property to do all things necessary or	4408
expedient to restore, reclaim, abate, control, or prevent the	4409
adverse effects. The entry shall be construed as an exercise of	4410
the police power for the protection of the public health, safety,	4411
and general welfare and shall not be construed as an act of	4412
condemnation of property nor of trespass on it. The moneys	4413
expended for the work and the benefits accruing to any such	4414
premises so entered upon shall be chargeable against the land and	4415
shall mitigate or offset any claim in or any action brought by any	4416
owner of any interest in the premises for any alleged damages by	4417
virtue of the entry, but this provision is not intended to create	4418
new rights of action or eliminate existing immunities.	4419

(2) The chief or the chief's authorized representatives may	4420
enter upon any property for the purpose of conducting studies or	4421
exploratory work to determine the existence of adverse effects of	4422
past coal mining practices and to determine the feasibility of	4423
restoration, reclamation, abatement, control, or prevention of	4424
such adverse effects. The entry shall be construed as an exercise	4425
of the police power for the protection of the public health,	4426
safety, and general welfare and shall not be construed as an act	4427
of condemnation of property nor trespass on it.	4428

(3) The chief may acquire any land by purchase, donation, or	4429
condemnation that is adversely affected by past coal mining	4430
practices if the chief determines that acquisition of the land is	4431
necessary to successful reclamation and that all of the following	4432
apply:	4433

(a) The acquired land, after restoration, reclamation,	4434
abatement, control, or prevention of the adverse effects of past	4435
coal mining practices, will serve recreation and historic	4436
purposes, serve conservation and reclamation purposes, or provide	4437
open space benefits.	4438

(b) Permanent facilities such as a treatment plant or a	4439
relocated stream channel will be constructed on the land for the	4440
restoration, reclamation, abatement, control, or prevention of the	4441
adverse effects of past coal mining practices.	4442

(c) Acquisition of coal refuse disposal sites and all coal	4443
refuse thereon will serve the purposes of this section or public	4444
ownership is desirable to meet emergency situations and prevent	4445
recurrences of the adverse effects of past coal mining practices.	4446

(4)(a) Title to all lands acquired pursuant to this section	4447
shall be in the name of the state. The price paid for land	4448
acquired under this section shall reflect the market value of the	4449
land as adversely affected by past coal mining practices.	4450

(b) The chief may receive grants on a matching basis from the	4451
secretary of the interior for the purpose of carrying out this	4452
section.	4453

(5)(a) Where land acquired pursuant to this section is	4454
considered to be suitable for industrial, commercial, residential,	4455
or recreational development, the chief may sell the land by public	4456
sale under a system of competitive bidding at not less than fair	4457
market value and under other requirements imposed by rule to	4458
ensure that the lands are put to proper use consistent with local	4459
and state land use plans, if any, as determined by the chief.	4460

(b) The chief, when requested, and after appropriate public	4461
notice, shall hold a public meeting in the county, counties, or	4462
other appropriate political subdivisions of the state in which	4463
lands acquired pursuant to this section are located. The meetings	4464
shall be held at a time that shall afford local citizens and	4465
governments the maximum opportunity to participate in the decision	4466
concerning the use or disposition of the lands after restoration,	4467
reclamation, abatement, control, or prevention of the adverse	4468
effects of past coal mining practices.	4469

(6) In addition to the authority to acquire land under	4470
division (F)(3) of this section, the chief may use money in the	4471
fund to acquire land by purchase, donation, or condemnation, and	4472
to reclaim and transfer acquired land to a political subdivision,	4473
or to any person, if the chief determines that it is an integral	4474
and necessary element of an economically feasible plan for the	4475
construction or rehabilitation of housing for persons disabled as	4476
the result of employment in the mines or work incidental to that	4477
employment, persons displaced by acquisition of land pursuant to	4478
this section, persons dislocated as the result of adverse effects	4479
of coal mining practices that constitute an emergency as provided	4480
in the "Surface Mining Control and Reclamation Act of 1977," 91	4481
Stat. 466, 30 U.S.C.A. 1240, or amendments to it, or persons	4482
dislocated as the result of natural disasters or catastrophic	4483
failures from any cause. Such activities shall be accomplished	4484
under such terms and conditions as the chief requires, which may	4485
include transfers of land with or without monetary consideration,	4486
except that to the extent that the consideration is below the fair	4487
market value of the land transferred, no portion of the difference	4488
between the fair market value and the consideration shall accrue	4489
as a profit to those persons. No part of the funds provided under	4490
this section may be used to pay the actual construction costs of	4491
housing. The chief may carry out the purposes of division (F)(6)	4492
of this section directly or by making grants and commitments for	4493
grants and may advance money under such terms and conditions as	4494
the chief may require to any agency or instrumentality of the	4495
state or any public body or nonprofit organization designated by	4496
the chief.	4497

(G)(1) Within six months after the completion of projects to	4498
restore, reclaim, abate, control, or prevent adverse effects of	4499
past coal mining practices on privately owned land, the chief	4500
shall itemize the moneys so expended and may file a statement of	4501
the expenditures in the office of the county recorder of the	4502
county in which the land lies, together with a notarized appraisal	4503
by an independent appraiser of the value of the land before the	4504
restoration, reclamation, abatement, control, or prevention of	4505
adverse effects of past coal mining practices if the moneys so	4506
expended result in a significant increase in property value. The	4507
statement shall constitute a lien upon the land as of the date of	4508
the expenditures of the moneys and shall have priority as a lien	4509
second only to the lien of real property taxes imposed upon the	4510
land. The lien shall not exceed the amount determined by the	4511
appraisal to be the increase in the fair market value of the land	4512
as a result of the restoration, reclamation, abatement, control,	4513
or prevention of the adverse effects of past coal mining	4514
practices. No lien shall be filed under division (G) of this	4515
section against the property of any person who owned the surface	4516
prior to May 2, 1977, and did not consent to, participate in, or	4517
exercise control over the mining operation that necessitated the	4518
reclamation performed.	4519

(2) The landowner may petition, within sixty days after the	4520
filing of the lien, to determine the increase in the fair market	4521
value of the land as a result of the restoration, reclamation,	4522
abatement, control, or prevention of the adverse effects of past	4523
coal mining practices. The amount reported to be the increase in	4524
value of the premises shall constitute the amount of the lien and	4525
shall be recorded with the statement provided in this section. Any	4526
party aggrieved by the decision may appeal as provided by state	4527
law.	4528

(3) The lien provided in division (G) of this section shall	4529
be recorded and indexed, under the name of the state and the	4530
landowner, in a lien index in the office of the county recorder of	4531
the county in which the land lies. The county recorder shall	4532
impose no charge for the recording or indexing of the lien. If the	4533
land is registered, the county recorder shall make a notation and	4534
enter a memorial of the lien upon the page of the register in	4535
which the last certificate of title to the land is registered,	4536
stating the name of the claimant, amount claimed, volume and page	4537
of the record where recorded, and exact time the memorial was	4538
entered.	4539

(4) The lien shall continue in force so long as any portion	4540
of the amount of the lien remains unpaid. If the lien remains	4541
unpaid at the time of conveyance of the land on which the lien was	4542
placed, the conveyance may be set aside. Upon repayment in full	4543
of the moneys expended under this section, the chief promptly	4544
shall issue a certificate of release of the lien. Upon	4545
presentation of the certificate of release, the county recorder of	4546
the county in which the lien is recorded shall record the lien as	4547
having been discharged.	4548

(5) A lien imposed under this section shall be foreclosed	4549
upon the substantial failure of a landowner to pay any portion of	4550
the amount of the lien. Before foreclosing any lien under this	4551
section, the chief shall make a written demand upon the landowner	4552
for payment. If the landowner does not pay the amount due within	4553
sixty days, the chief shall refer the matter to the attorney	4554
general, who shall institute a civil action to foreclose the lien.	4555

(H)(1) The chief may fill voids, seal abandoned tunnels,	4556
shafts, and entryways, and reclaim surface impacts of underground	4557
or strip mines that the chief determines could endanger life and	4558
property, constitute a hazard to the public health and safety, or	4559
degrade the environment.	4560

(2) In those instances where mine waste piles are being	4561
reworked for conservation purposes, the incremental costs of	4562
disposing of the wastes from those operations by filling voids and	4563
sealing tunnels may be eligible for funding, provided that the	4564
disposal of these wastes meets the purposes of this section.	4565

(3) The chief may acquire by purchase, donation, easement, or	4566
otherwise such interest in land as the chief determines necessary	4567
to carry out division (H) of this section.	4568

(I) The chief shall report annually to the secretary of the	4569
interior on operations under the fund and include recommendations	4570
as to its future uses.	4571

(J)(1) The chief may engage in any work and do all things	4572
necessary or expedient, including the adoption of rules, to	4573
implement and administer this section.	4574

(2) The chief may engage in cooperative projects under this	4575
section with any agency of the United States, any other state, or	4576
their governmental agencies or with any state university or	4577
college as defined in section 3345.27 of the Revised Code. The	4578
cooperative projects are not subject to division (B) of section	4579
127.16 of the Revised Code.	4580

(3) The chief may request the attorney general to initiate in	4581
any court of competent jurisdiction an action in equity for an	4582
injunction to restrain any interference with the exercise of the	4583
right to enter or to conduct any work provided in this section,	4584
which remedy is in addition to any other remedy available under	4585
this section.	4586

(4) The chief may construct or operate a plant or plants for	4587
the control and treatment of water pollution resulting from mine	4588
drainage. The extent of this control and treatment may be	4589
dependent upon the ultimate use of the water. Division (J)(4) of	4590
this section does not repeal or supersede any portion of the	4591
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33	4592
U.S.C.A. 1151, as amended, and no control or treatment under	4593
division (J)(4) of this section, in any way, shall be less than	4594
that required by that act. The construction of a plant or plants	4595
may include major interceptors and other facilities appurtenant to	4596
the plant.	4597

(5) The chief may transfer money from the abandoned mine	4598
reclamation fund and the acid mine drainage abatement and	4599
treatment fund to other appropriate state agencies or to state	4600
universities or colleges in order to carry out the reclamation	4601
activities authorized by this section.	4602

(K) The chief may contract for any part of work to be	4603
performed under this section, with or without advertising for	4604
bids, if the chief determines that a condition exists that could	4605
reasonably be expected to cause substantial physical harm to	4606
persons, property, or the environment and to which persons or	4607
improvements on real property are currently exposed.	4608

The chief shall require every contractor performing	4609
reclamation work under this section to pay its workers at the	4610
greater of their regular rate of pay, as established by contract,	4611
agreement, or prior custom or practice, or the average wage rate	4612
paid in this state for the same or similar work as determined by	4613
the chief under section 1513.02 of the Revised Code.	4614

(L)(1) The chief may contract for the emergency restoration,	4615
reclamation, abatement, control, or prevention of adverse effects	4616
of mining practices on eligible lands if the chief determines that	4617
an emergency exists constituting a danger to the public health,	4618
safety, or welfare and that no other person or agency will act	4619
expeditiously to restore, reclaim, abate, control, or prevent	4620
those adverse effects. The chief may enter into a contract for	4621
emergency work under division (L) of this section without	4622
advertising for bids. Any such contract or any purchase of	4623
materials for emergency work under division (L) of this section is	4624
not subject to division (B) of section 127.16 of the Revised Code.	4625

(2) The chief or the chief's agents, employees, or	4626
contractors may enter on any land where such an emergency exists,	4627
and on other land in order to have access to that land, in order	4628
to restore, reclaim, abate, control, or prevent the adverse	4629
effects of mining practices and to do all things necessary or	4630
expedient to protect the public health, safety, or welfare. Such	4631
an entry shall be construed as an exercise of the police power and	4632
shall not be construed as an act of condemnation of property or of	4633
trespass. The moneys expended for the work and the benefits	4634
accruing to any premises so entered upon shall be chargeable	4635
against the land and shall mitigate or offset any claim in or any	4636
action brought by any owner of any interest in the premises for	4637
any alleged damages by virtue of the entry. This provision is not	4638
intended to create new rights of action or eliminate existing	4639
immunities.	4640

Sec. 1513.371. There is hereby created in the state treasury	4641
the mined land set aside fund consisting of grants made by the	4642
United States secretary of the interior from the federal abandoned	4643
mine reclamation fund pursuant to section 402 of the "Surface	4644
Mining Control and Reclamation Act of 1977," 91 Stat. 445, 30	4645
U.S.C. 1232. The chief of the division of mineral resources	4646
management shall administer the fund. Money in the fund shall be	4647
used solely for the purposes specified in divisions (B)(1) to (4)	4648
of section 1513.37 of the Revised Code. All investment earnings of	4649
the fund shall be credited to the fund.	4650

Sec. 1514.01.  As used in this chapter:

4651

(A) "Surface mining" means all or any part of a process	4652
followed in the production of minerals from the earth or from the	4653
surface of the land by surface excavation methods, such as open	4654
pit mining, dredging, placering, or quarrying, and includes the	4655
removal of overburden for the purpose of determining the location,	4656
quantity, or quality of mineral deposits, and the incidental	4657
removal of coal at a rate less than one-sixth the total weight of	4658
minerals and coal removed during the year, but does not include:	4659
test or exploration boring; mining operations carried out beneath	4660
the surface by means of shafts, tunnels, or similar mine openings;	4661
the extraction of minerals, other than coal, by a landowner for	4662
the landowner's own noncommercial use where such material is	4663
extracted and used in an unprocessed form on the same tract of	4664
land; the extraction of minerals, other than coal, from borrow	4665
pits for highway construction purposes, provided that the	4666
extraction is performed under a bond, a contract, and	4667
specifications that substantially provide for and require	4668
reclamation practices consistent with the requirements of this	4669
chapter; the removal of minerals incidental to construction work,	4670
provided that the owner or person having control of the land upon	4671
which the construction occurs, the contractor, or the construction	4672
firm possesses a valid building permit; the removal of minerals to	4673
a depth of not more than five feet, measured from the highest	4674
original surface elevation of the area to be excavated, where not	4675
more than one acre of land is excavated during twelve successive	4676
calendar months; routine dredging of a watercourse for purely	4677
navigational or flood control purposes during which materials are	4678
removed for noncommercial purposes; or the extraction or movement	4679
of soil or minerals within a solid waste facility, as defined in	4680
section 3734.01 of the Revised Code, that is a sanitary landfill	4681
when the soil or minerals are used exclusively for the	4682
construction, operation, closure, and post-closure care of the	4683
facility or for maintenance activities at the facility.	4684

(B) "Minerals" means sand, gravel, clay, shale, gypsum,	4685
halite, limestone, dolomite, sandstone, other stone, metalliferous	4686
or nonmetalliferous ore, or other material or substance of	4687
commercial value excavated in a solid state from natural deposits	4688
on or in the earth, but does not include coal or peat.	4689

(C) "Overburden" means all of the earth and other materials	4690
that cover a natural deposit of minerals and also means such earth	4691
and other materials after removal from their natural state in the	4692
process of surface mining.	4693

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

4694

(E) "Area of land affected" means the area of land that has	4695
been excavated, or upon which a spoil bank exists, or both.	4696

(F)(1) "Operation" or "surface mining operation" means all of	4697
the premises, facilities, and equipment used in the process of	4698
removing minerals, or minerals and incidental coal, by surface	4699
mining from a mining area in the creation of which mining area	4700
overburden or minerals, or minerals and incidental coal, are	4701
disturbed or removed, such surface mining area being located upon	4702
a single tract of land or upon two or more contiguous tracts of	4703
land. Separation by a stream or roadway shall not preclude the	4704
tracts from being considered contiguous.	4705

(2) When the context indicates, "operation" or "in-stream	4706
mining operation" means all of the premises, facilities, and	4707
equipment used in the process of removing minerals by in-stream	4708
mining from a mining area.	4709

(G) "Operator" means any person engaged in surface mining who	4710
removes minerals, or minerals and incidental coal, from the earth	4711
by surface mining or who removes overburden for the purpose of	4712
determining the location, quality, or quantity of a mineral	4713
deposit. "Operator" also means any person engaged in in-stream	4714
mining who removes minerals from the bottom of the channel of a	4715
watercourse by in-stream mining.	4716

(H) "Performance bond" means the surety bond required to be	4717
filed under section 1514.04 of the Revised Code and includes cash,	4718
an irrevocable letter of credit, and negotiable certificates of	4719
deposit authorized to be deposited in lieu of the surety bond	4720
under that section.	4721

(I) "Dewatering" means the withdrawal of ground water from an	4722
aquifer or saturated zone that may result in the lowering of the	4723
water level within the aquifer or saturated zone or a decline of	4724
the potentiometric surface within that aquifer or saturated zone.	4725

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

4726

(K) "Cone of depression" means a depression or low point in	4727
the water table or potentiometric surface of a body of ground	4728
water that develops around a location from which ground water is	4729
being withdrawn.	4730

(L) "High water mark" means the line on the shore that is	4731
established by the fluctuations of water and indicated by physical	4732
characteristics such as a natural line impressed on the bank;	4733
shelving; changes in the character of soil; destruction of	4734
terrestrial vegetation; the presence of litter and debris; or	4735
other appropriate means that consider the characteristics of the	4736
surrounding area.	4737

(M) "In-stream mining" means all or any part of a process	4738
followed in the production of minerals from the bottom of the	4739
channel of a watercourse that drains a surface area of more than	4740
one hundred square miles. "In-stream mining" may be accomplished	4741
by using any technique or by using surface excavation methods,	4742
such as open pit mining, dredging, placering, or quarrying, and	4743
includes the removal of overburden for the purpose of determining	4744
the location, quantity, or quality of mineral deposits. "In-stream	4745
mining" does not include either of the following:	4746

(1) Routine dredging for purely navigational or flood control	4747
purposes during which materials are removed for noncommercial	4748
purposes;	4749

(2) The extraction of minerals, other than coal, by a	4750
landowner for the landowner's own noncommercial use when the	4751
material is extracted and used in an unprocessed form on the same	4752
tract of land.	4753

For purposes of division (M) of this section, the number of	4754
square miles of surface area that a watercourse drains shall be	4755
determined by consulting the "gazetteer of Ohio streams," which is	4756
a portion of the Ohio water plan inventory published in 1960 by	4757
the division of water in the department of natural resources, or	4758
its successor, if any.	4759

(N) In provisions concerning in-stream mining, when the	4760
context is appropriate, "land" is deemed to include an area of a	4761
watercourse.	4762

(O) "Watercourse" means any naturally occurring perennial or	4763
intermittent stream, river, or creek flowing within a defined	4764
stream bed and banks.	4765

(P) "Certified mine foreperson" means the person whom the	4766
operator of a surface mining operation places in charge of the	4767
conditions and practices at the mine, who is responsible for	4768
conducting workplace examinations under 30 C.F.R. part 56, as	4769
amended, and who has passed an examination for the position	4770
administered by the division of mineral resources management.	4771

Sec. 1514.011. The division of mineral resources management	4772
has authority over all surface mining operations located in the	4773
state and shall exercise that authority as provided in this	4774
chapter.	4775

Sec. 1514.03.  Within thirty days after each anniversary date	4777
of issuance of a surface or in-stream mining permit, the operator	4778
shall file with the chief of the division of mineral resources	4779
management an annual report, on a form prescribed and furnished by	4780
the chief, that, for the period covered by the report, shall state	4781
the amount of and identify the types of minerals and coal, if any	4782
coal, produced and shall state the number of acres affected and	4783
the number of acres estimated to be affected during the next year	4784
of operation. An annual report is not required to be filed if a	4785
final report is filed in lieu thereof.	4786

Each annual report for a surface mining operation shall	4787
include a progress map indicating the location of areas of land	4788
affected during the period of the report and the location of the	4789
area of land estimated to be affected during the next year. The	4790
map shall be prepared in accordance with division (A)(11) or (12)	4791
of section 1514.02 of the Revised Code, as appropriate, except	4792
that a map prepared in accordance with division (A)(12) of that	4793
section may be certified by the operator or authorized agent of	4794
the operator in lieu of certification by a professional engineer	4795
or surveyor registered under Chapter 4733. of the Revised Code.	4796
However, the chief may require that an annual progress map or a	4797
final map be prepared by a registered professional engineer or	4798
registered surveyor if the chief has reason to believe that the	4799
operator exceeded the boundaries of the permit area or, if the	4800
operator filed the map required under division (A)(11) of section	4801
1514.02 of the Revised Code, that the operator extracted ten	4802
thousand tons or more of minerals during the period covered by the	4803
report.	4804

Each annual report for an in-stream mining operation shall	4805
include a statement of the total tonnage removed by in-stream	4806
mining for each month and of the surface acreage and depth of	4807
material removed by in-stream mining and shall include a map that	4808
identifies the area affected by the in-stream mining, soundings	4809
that depict the cross-sectional views of the channel bottom of the	4810
watercourse, and water elevations for the watercourse.	4811

Each annual report shall be accompanied by a filing fee in	4812
the amount of five hundred dollars, except in the case of an	4813
annual report filed by a small operator or an in-stream mining	4814
operator. A small operator, which is a surface mine operator who	4815
intends to extract fewer than ten thousand tons of minerals and no	4816
coal during the next year of operation under the permit, or an	4817
in-stream mining operator shall include a filing fee in the amount	4818
of two hundred fifty dollars with each annual report. The annual	4819
report of any operator also shall be accompanied by an acreage fee	4820
in the amount of seventy-five dollars multiplied by the number of	4821
acres estimated in the report to be affected during the next year	4822
of operation under the permit. The acreage fee shall be adjusted	4823
by subtracting a credit of seventy-five dollars per excess acre	4824
paid for the preceding year if the acreage paid for the preceding	4825
year exceeds the acreage actually affected or by adding an	4826
additional amount of seventy-five dollars per excess acre affected	4827
if the acreage actually affected exceeds the acreage paid for the	4828
preceding year.	4829

With each annual report the operator shall file a performance	4830
bond in the amount, unless otherwise provided by rule, of one	4831
thousandfive hundred dollars multiplied by the number of acres	4832
estimated to be affected during the next year of operation under	4833
the permit for which no performance bond previously was filed.	4834
Unless otherwise provided by rule, the bond shall be adjusted by	4835
subtracting a credit of one thousandfive hundred dollars per	4836
excess acre for which bond was filed for the preceding year if the	4837
acreage for which the bond was filed for the preceding year	4838
exceeds the acreage actually affected, or by adding an amount of	4839
one thousandfive hundred dollars per excess acre affected if the	4840
acreage actually affected exceeds the acreage for which bond was	4841
filed for the preceding year.	4842

Within thirty days after the expiration of the surface or	4843
in-stream mining permit, or completion or abandonment of the	4844
operation, whichever occurs earlier, the operator shall submit a	4845
final report containing the same information required in an annual	4846
report, but covering the time from the last annual report to the	4847
expiration of the permit, or completion or abandonment of the	4848
operation, whichever occurs earlier.	4849

Each final report shall include a map indicating the location	4850
of the area of land affected during the period of the report and	4851
the location of the total area of land affected under the permit.	4852
The map shall be prepared in accordance with division (A)(11) or	4853
(12) of section 1514.02 of the Revised Code, as appropriate.	4854

In the case of a final report for an in-stream mining	4855
operation, the map also shall include the information required	4856
under division (A)(18) of section 1514.02 of the Revised Code.	4857

If the final report and certified map, as verified by the	4858
chief, show that the number of acres affected under the permit is	4859
larger than the number of acres for which the operator has paid an	4860
acreage fee or filed a performance bond, upon notification by the	4861
chief, the operator shall pay an additional acreage fee in the	4862
amount of seventy-five dollars multiplied by the difference	4863
between the number of acres affected under the permit and the	4864
number of acres for which the operator has paid an acreage fee and	4865
shall file an additional performance bond in the amount, unless	4866
otherwise provided by rule, of one thousandfive hundred dollars	4867
multiplied by the difference between the number of acres affected	4868
under the permit and the number of acres for which the operator	4869
has filed bond.	4870

If the final report and certified map, as verified by the	4871
chief, show that the number of acres affected under the permit is	4872
smaller than the number of acres for which the operator has filed	4873
a performance bond, the chief shall order release of the excess	4874
bond. However, the chief shall retain a performance bond in a	4875
minimum amount of ten thousand dollars irrespective of the number	4876
of acres affected under the permit. The release of the excess bond	4877
shall be in an amount, unless otherwise provided by rule, equal to	4878
one thousandfive hundred dollars multiplied by the difference	4879
between the number of acres affected under the permit and the	4880
number of acres for which the operator has filed bond.	4881

The fees collected pursuant to this section and section	4882
1514.02 of the Revised Code shall be deposited with the treasurer	4883
of state to the credit of the surface mining fund created under	4884
section 1514.06 of the Revised Code.	4885

If upon inspection the chief finds that any filing fee,	4886
acreage fee, performance bond, or part thereof is not paid when	4887
due or is paid on the basis of false or substantially inaccurate	4888
reports, the chief may request the attorney general to recover the	4889
unpaid amounts that are due the state, and the attorney general	4890
shall commence appropriate legal proceedings to recover the unpaid	4891
amounts.	4892

Sec. 1514.04. (A) Upon receipt of notification from the	4893
chief of the division of mineral resources management of the	4894
chief's intent to issue an order granting a surface or in-stream	4895
mining permit to the applicant, the applicant shall file a surety	4896
bond, cash, an irrevocable letter of credit, or certificates of	4897
deposit in the amount, unless otherwise provided by rule, of ten	4898
thousand dollars plus one thousand. If the amount of land to be	4899
affected is more than twenty acres, the applicant also shall file	4900
a surety bond, cash, an irrevocable letter of credit, or	4901
certificates of deposit in the amount of five hundred dollars per	4902
acre of land to be affected that exceeds twenty acres. Upon	4903
receipt of notification from the chief of the chief's intent to	4904
issue an order granting an amendment to a surface or in-stream	4905
mining permit, the applicant shall file a surety bond, cash, an	4906
irrevocable letter of credit, or certificates of deposit in the	4907
amount, unless otherwise provided by rule, of one thousand dollars	4908
per acre of land to be affectedrequired in this division.	4909

In the case of a surface mining permit, the bond shall be	4910
filed forbased on the number of acres estimated to be affected	4911
during the first year of operation under the permit. In the case	4912
of an amendment to a surface mining permit, the bond shall be	4913
filed forbased on the number of acres estimated to be affected	4914
during the balance of the period until the next anniversary date	4915
of the permit.	4916

In the case of an in-stream mining permit, the bond shall be	4917
filed forbased on the number of acres of land within the limits	4918
of the in-stream mining permit for the entire permit period. In	4919
the case of an amendment to an in-stream mining permit, the bond	4920
shall be filed forbased on the number of any additional acres of	4921
land to be affected within the limits of the in-stream mining	4922
permit.	4923

(B) A surety bond filed pursuant to this section and sections	4924
1514.02 and 1514.03 of the Revised Code shall be upon the form	4925
that the chief prescribes and provides and shall be signed by the	4926
operator as principal and by a surety company authorized to	4927
transact business in the state as surety. The bond shall be	4928
payable to the state and shall be conditioned upon the faithful	4929
performance by the operator of all things to be done and performed	4930
by the operator as provided in this chapter and the rules and	4931
orders of the chief adopted or issued pursuant thereto.	4932

The operator may deposit with the chief, in lieu of a surety	4933
bond, cash in an amount equal to the surety bond as prescribed in	4934
this section, an irrevocable letter of credit or negotiable	4935
certificates of deposit issued by any bank organized or	4936
transacting business in this state, or an irrevocable letter of	4937
credit or certificates of deposit issued by any savings and loan	4938
association as defined in section 1151.01 of the Revised Code,	4939
having a cash value equal to or greater than the amount of the	4940
surety bond as prescribed in this section. Cash or certificates of	4941
deposit shall be deposited upon the same terms as the terms upon	4942
which surety bonds may be deposited. If one or more certificates	4943
of deposit are deposited with the chief in lieu of a surety bond,	4944
the chief shall require the bank or savings and loan association	4945
that issued any such certificate to pledge securities of a cash	4946
value equal to the amount of the certificate, or certificates,	4947
that is in excess of the amount insured by the federal deposit	4948
insurance corporation. The securities shall be security for the	4949
repayment of the certificate of deposit.	4950

(C) Immediately upon a deposit of cash, a letter of credit,	4951
or certificates with the chief, the chief shall deliver it to the	4952
treasurer of state who shall hold it in trust for the purposes for	4953
which it has been deposited. The treasurer of state shall be	4954
responsible for the safekeeping of such deposits. An operator	4955
making a deposit of cash, a letter of credit, or certificates of	4956
deposit may withdraw and receive from the treasurer of state, on	4957
the written order of the chief, all or any part of the cash,	4958
letter of credit, or certificates in the possession of the	4959
treasurer of state, upon depositing with the treasurer of state	4960
cash, an irrevocable letter of credit, or negotiable certificates	4961
of deposit issued by any bank organized or transacting business in	4962
this state, or an irrevocable letter of credit or certificates of	4963
deposit issued by any savings and loan association, equal in value	4964
to the value of the cash, letter of credit, or certificates	4965
withdrawn. An operator may demand and receive from the treasurer	4966
of state all interest or other income from any certificates as it	4967
becomes due. If certificates deposited with and in the possession	4968
of the treasurer of state mature or are called for payment by the	4969
issuer thereof, the treasurer of state, at the request of the	4970
operator who deposited them, shall convert the proceeds of the	4971
redemption or payment of the certificates into such other	4972
negotiable certificates of deposit issued by any bank organized or	4973
transacting business in this state, such other certificates of	4974
deposit issued by any savings and loan association, or cash, as	4975
may be designated by the operator.	4976

(D) A governmental agency, as defined in division (A) of	4977
section 1514.022 of the Revised Code, or a board or commission	4978
that derives its authority from a governmental agency shall not	4979
require a surface or in-stream mining operator to file a surety	4980
bond or any other form of financial assurance for the reclamation	4981
of land to be affected by a surface or in-stream mining operation	4982
authorized under this chapter.	4983

Sec. 1514.05.  (A) At any time within the period allowed an	4984
operator by section 1514.02 of the Revised Code to reclaim an area	4985
of land affected by surface or in-stream mining, the operator may	4986
file a request, on a form provided by the chief of the division of	4987
mineral resources management, for inspection of the area of land	4988
upon which a phase of the reclamation, other than any required	4989
planting, is completed. For purposes of inspections and subsequent	4990
releases of performance bonds or cash, irrevocable letters of	4991
credit, or certificates of deposit deposited in lieu of bonds	4992
under this section, reclamation shall be considered to occur in	4993
two phases. The first phase involves grading, contouring,	4994
terracing, resoiling, and initial planting. The second phase	4995
involves the establishment of vegetative cover together with the	4996
maintenance and the completion of all reclamation required under	4997
this chapter or rules adopted under it.The	4998

A request for inspection at the completion of a phase of	4999
reclamation shall include all of the following:	5000

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

5001

(2) The permit number;

5002

(3) The amount of performance bond on deposit at the time of	5003
the request to ensure reclamation of the area;	5004

(4) A map showing the location of the acres reclaimed,	5005
prepared and certified in accordance with division (A)(11) or (12)	5006
of section 1514.02 of the Revised Code, as appropriate. In the	5007
case of an in-stream mining operation, the map also shall include	5008
the information required under division (A)(18) of section 1514.02	5009
of the Revised Code.	5010

In addition, a request for inspection of the second phase of	5011
reclamation shall include a description of the type and date of	5012
any required planting and a statement regarding the degree of	5013
success of the growth.	5014

(B) The chief shall make an inspection and evaluation of the	5015
reclamation of the area of land for which athe request was	5016
submitted within ninety days after receipt of the request or, if	5017
the operator fails to complete the reclamation or file the request	5018
as required, as soon as the chief learns of the default.	5019
Thereupon, if the chief approves the first phase of the	5020
reclamation, other than any required planting, as meeting the	5021
requirements of this chapter, rules adopted thereunder, any orders	5022
issued during the mining or reclamation, and the specifications of	5023
the plan for mining and reclaiming, the chief shall issue an order	5024
to the operator and the operator's surety releasing them from	5025
liability for the applicable percentage specified in this division	5026
one-half of the total amount of their surety bond on deposit to	5027
ensure reclamation for the area upon which reclamation is	5028
completed. If the chief approves the second phase of the	5029
reclamation, the chief shall order release of the remaining	5030
performance bond, after completing the inspection and evaluation,	5031
in the same manner as in the case of approval of the first phase	5032
of reclamation, and the treasurer of state shall proceed as in	5033
that case.	5034

On approval of the first phase of reclamation, the chief	5035
shall release seventy-five per cent of the amount of the surety	5036
bond on deposit. On approval of the second phase of reclamation,	5037
the chief shall release the remaining amount of the surety bond	5038
that originally was on deposit.	5039

If the operator has deposited cash, an irrevocable letter of	5040
credit, or certificates of deposit in lieu of a surety bond to	5041
ensure reclamation, the chief shall issue an order to the operator	5042
releasing one-half of the amount so held in the same manner and in	5043
the same percentages that apply to the release of a surety bond	5044
and promptly shall transmit a certified copy of the order to the	5045
treasurer of state. Upon presentation of the order to the	5046
treasurer of state by the operator to whom it was issued, or by	5047
the operator's authorized agent, the treasurer of state shall	5048
deliver to the operator or the operator's authorized agent the	5049
cash, irrevocable letter of credit, or certificates of deposit	5050
designated in the order.	5051

(C) If the chief does not approve a phase of the reclamation,	5052
other than any required planting, the chief shall notify the	5053
operator by certified mail. The notice shall be an order stating	5054
the reasons for unacceptability, ordering further actions to be	5055
taken, and setting a time limit for compliance. If the operator	5056
does not comply with the order within the time limit specified,	5057
the chief may order an extension of time for compliance after	5058
determining that the operator's noncompliance is for good cause,	5059
resulting from developments partially or wholly beyond the	5060
operator's control. If the operator complies within the time limit	5061
or the extension of time granted for compliance, the chief shall	5062
order release of the performance bond in the same manner as in the	5063
case of approval of reclamation, other than any required planting,	5064
by the chief, and the treasurer of state shall proceed as in that	5065
case. If the operator does not comply within the time limit and	5066
the chief does not order an extension, or if the chief orders an	5067
extension of time and the operator does not comply within the	5068
extension of time granted for compliance, the chief shall issue	5069
another order declaring that the operator has failed to reclaim	5070
and, if the operator's permit has not already expired or been	5071
revoked, revoking the operator's permit. The chief shall thereupon	5072
proceed under division (D)(C) of this section.	5073

(D)(B) At any time within the period allowed an operator by	5074
section 1514.02 of the Revised Code to reclaim an area affected by	5075
surface mining, the operator may file a request, on a form	5076
provided by the chief, for inspection of the area of land on which	5077
all reclamation, including the successful establishment of any	5078
required planting, is completed. The request shall include all of	5079
the following:	5080

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

5081

(2) The permit number;

5082

(3) The type and date of any required planting of vegetative	5083
cover and the degree of success of growth;	5084

(4) A map showing the location of the acres reclaimed,	5085
prepared and certified in accordance with division (A)(11) or (12)	5086
of section 1514.02 of the Revised Code, as appropriate. In the	5087
case of an in-stream mining operation, the map also shall include	5088
the information required under division (A)(18) of section 1514.02	5089
of the Revised Code.	5090

The chief shall make an inspection and evaluation of the	5091
reclamation of the area of land for which the request was	5092
submitted within ninety days after receipt of the request or, if	5093
the operator fails to complete the reclamation or file the request	5094
as required, as soon as the chief learns of the default.	5095
Thereupon, if the chief finds that the reclamation meets the	5096
requirements of this chapter, rules adopted under it, any orders	5097
issued during the mining and reclamation, and the specifications	5098
of the plan for mining and reclaiming and decides to release any	5099
remaining performance bond on deposit to ensure reclamation of the	5100
area on which reclamation is completed, within ten days of	5101
completing the inspection and evaluation, the chief shall order	5102
release of the remaining performance bond in the same manner as in	5103
the case of approval of reclamation other than required planting,	5104
and the treasurer of state shall proceed as in that case.	5105

If the chief does not approve the reclamation performed by	5106
the operator, the chief shall notify the operator by certified	5107
mail within ninety days of the filing of the application for	5108
inspection or of the date when the chief learns of the default.	5109
The notice shall be an order stating the reasons for	5110
unacceptability, ordering further actions to be taken, and setting	5111
a time limit for compliance. If the operator does not comply with	5112
the order within the time limit specified, the chief may order an	5113
extension of time for compliance after determining that the	5114
operator's noncompliance is for good cause, resulting from	5115
developments partially or wholly beyond the operator's control. If	5116
the operator complies within the time limit or the extension of	5117
time granted for compliance, the chief shall order release of the	5118
remaining performance bond in the same manner as in the case of	5119
approval of reclamation by the chief, and the treasurer of state	5120
shall proceed as in that case. If the operator does not comply	5121
within the time limit and the chief does not order an extension,	5122
or if the chief orders an extension of time and the operator does	5123
not comply within the extension of time granted for compliance,	5124
the chief shall issue another order declaring that the operator	5125
has failed to reclaim and, if the operator's permit has not	5126
already expired or been revoked, revoking the operator's permit.	5127
The chief then shall proceed under division (C) of this section.	5128

(C) Upon issuing an order under division (C)(A) or (B) of	5129
this section declaring that the operator has failed to reclaim,	5130
the chief shall retain all or part of the performance bond on	5131
deposit for reclamation of the affected surface or in-stream mine	5132
site. Themake a finding as to the number and location of the	5133
acres of land that the operator has failed to reclaim in the	5134
manner required by this chapter. The chief shall order the release	5135
of the performance bond in the amount of five hundred dollars per	5136
acre for those acres that the chief finds to have been reclaimed	5137
in the manner required by this chapter. The release shall be	5138
ordered in the same manner as in the case of other approval of	5139
reclamation by the chief, and the treasurer of state shall proceed	5140
as in that case. If the operator has on deposit cash, an	5141
irrevocable letter of credit, or certificates of deposit to ensure	5142
reclamation of the area of the land affected, the chief at the	5143
same time shall issue an order declaring that the remaining cash,	5144
irrevocable letter of credit, or certificates of deposit, if any,	5145
are the property of the state and are available for use by the	5146
chief in performing reclamation of the area and shall proceed in	5147
accordance with section 1514.06 of the Revised Code.	5148

If the operator has on deposit a surety bond to ensure	5149
reclamation of the area of land affected, the chief shall notify	5150
the surety in writing of the operator's default and shall request	5151
the surety to perform the surety's obligation and that of the	5152
operator. The surety, within ten days after receipt of the notice,	5153
shall notify the chief as to whether it intends to perform those	5154
obligations.	5155

If the surety chooses to perform, it shall arrange for work	5156
to begin within thirty days of the day on which it notifies the	5157
chief of its decision. If the surety completes the work as	5158
required by this chapter, the chief shall issue an order to the	5159
surety releasing the surety from liability under the bond in the	5160
same manner as if the surety were an operator proceeding under	5161
this section. If, after the surety begins the work, the chief	5162
determines that the surety is not carrying the work forward with	5163
reasonable progress, or that it is improperly performing the work,	5164
or that it has abandoned the work or otherwise failed to perform	5165
its obligation and that of the operator, the chief shall issue an	5166
order terminating the right of the surety to perform the work and	5167
demanding payment of the amount due as required by this chapter.	5168

If the surety chooses not to perform and so notifies the	5169
chief, does not respond to the chief's notice within ten days of	5170
receipt thereof, or fails to begin work within thirty days of the	5171
day it timely notifies the chief of its decision to perform its	5172
obligation and that of the operator, the chief shall issue an	5173
order terminating the right of the surety to perform the work and	5174
demanding payment of the amount due, as required by this chapter.	5175

Upon receipt of an order of the chief demanding payment of	5176
the amount due, the surety immediately shall deposit with the	5177
chief cash in the full amount due under the order for deposit with	5178
the treasurer of state. If the surety fails to make an immediate	5179
deposit, the chief shall certify it to the attorney general for	5180
collection. When the chief has issued an order terminating the	5181
right of the surety and has the cash on deposit, the cash is the	5182
property of the state and is available for use by the chief, who	5183
shall proceed in accordance with section 1514.06 of the Revised	5184
Code.	5185

Sec. 1514.051. (A) If an operator or a partner or officer of	5186
the operator forfeits a performance bond, the division of mineral	5187
resources management shall have a priority lien in front of all	5188
other interested creditors against the assets of that operator for	5189
the amount that is needed to perform any reclamation that is	5190
required as a result of the operator's mining activities. The	5191
chief of the division of mineral resources management shall file a	5192
statement in the office of the county recorder of each county in	5193
which the mined land lies of the estimated costs to reclaim the	5194
land. Estimated costs shall include direct and indirect costs of	5195
the development, design, construction, management, and	5196
administration of the reclamation. The statement shall constitute	5197
a lien on the assets of the operator as of the date of the filing.	5198
The lien shall continue in force so long as any portion of the	5199
lien remains unpaid or until the chief issues a certificate of	5200
release of the lien. If the chief issues a certificate of release	5201
of the lien, the chief shall file a certificate of release in the	5202
office of each applicable county recorder.	5203

(B) The chief promptly shall issue a certificate of release	5204
under any of the following circumstances:	5205

(1) Upon the repayment in full of the money that is necessary	5206
to complete the reclamation;	5207

(2) Upon the transfer of an existing permit that includes the	5208
areas of the surface mine for which reclamation was not completed	5209
from the operator that forfeited the performance bond to a new	5210
operator;	5211

(3) Any other circumstance that the chief determines to be in	5212
the best interests of the state.	5213

(C) The chief may modify the amount of a lien under this	5214
section. If the chief modifies a lien, the chief shall file a	5215
statement in the office of the county recorder of each applicable	5216
county of the new amount of the lien.	5217

(D) The chief may authorize a closing agent to hold a	5218
certificate of release in escrow for a period not to exceed one	5219
hundred eighty days for the purpose of facilitating the transfer	5220
of unreclaimed mine land.	5221

(E) All money from the collection of liens under this section	5222
shall be deposited in the state treasury to the credit of the	5223
surface mining fund created in section 1514.06 of the Revised	5224
Code.	5225

Sec. 1514.06.  (A) There is hereby created in the state	5226
treasury the surface mining fund. All cashconsisting of all money	5227
that becomes the property of the state pursuant to section	5228
sections 1514.05 and 1514.051 of the Revised Code shall be	5229
deposited in the fund, and expenditures, money credited to the	5230
fund under divisions (C)(1) and (2) of section 1514.071, and other	5231
money specified in section 1514.11 of the Revised Code. All	5232
investment earnings of the fund shall be credited to the fund.	5233
Expenditures from the fund shall be made by the chief of the	5234
division of mineral resources management only for the purpose of	5235
reclaiming areas of land affected by surface or in-stream mining	5236
operations on which anunder a permit issued under this chapter	5237
that the operator has defaultedfailed to reclaim and for other	5238
purposes specified in section 1514.11 of the Revised Code.	5239

(B) Expenditures of moneys from the fund, except as otherwise	5240
provided by this section, shall be made pursuant to contracts	5241
entered into by the chief with persons who agree to furnish all of	5242
the materials, equipment, work, and labor, as specified and	5243
provided in the contracts, for the prices stipulated therein.	5244
With the approval of the director of natural resources, the chief	5245
may reclaim the land in the same manner as the chief required of	5246
the operator who defaultedfailed to reclaim the land. Each	5247
contract awarded by the chief shall be awarded to the lowest	5248
responsive and responsible bidder, in accordance with section	5249
9.312 of the Revised Code, after sealed bids are received, opened,	5250
and published at the time and place fixed by the chief. The chief	5251
shall publish notice of the time and place at which bids will be	5252
received, opened, and published, at least once at least ten days	5253
before the date of the opening of the bids, in a newspaper of	5254
general circulation in the county in which the area of land to be	5255
reclaimed under the contract is located. If, after so advertising	5256
for bids, no bids are received by the chief at the time and place	5257
fixed for receiving them, the chief may advertise again for bids,	5258
or, if the chief considers the public interest will be best	5259
served, the chief may enter into a contract for the reclamation of	5260
the area of land without further advertisement for bids. The chief	5261
may reject any or all bids received and again publish notice of	5262
the time and place at which bids for contracts will be received,	5263
opened, and published.	5264

(C) With the approval of the director, the chief, without	5265
advertising for bids, may enter into a contract with the	5266
landowner, a surface or in-stream mine operator or coal mine	5267
operator mining under a current, valid permit issued under this	5268
chapter or Chapter 1513. of the Revised Code, or a contractor	5269
hired by a surety to complete reclamation, to carry out	5270
reclamation on land affected by surface or in-stream mining	5271
operations on whichthat an operator has defaultedfailed to	5272
reclaim.	5273

(D) With the approval of the director, the chief may carry	5274
out all or part of the reclamation work on land affected by	5275
surface or in-stream mining operations on whichthat the operator	5276
has defaultedfailed to reclaim using the employees and equipment	5277
of any division of the department of natural resources.	5278

(E) The chief shall require every contractor performing	5279
reclamation work under this section to pay workers at the greater	5280
of their regular rate of pay, as established by contract,	5281
agreement, or prior custom or practice, or the average wage rate	5282
paid in this state for the same or similar work, as determined by	5283
the chief under section 1513.02 of the Revised Code.	5284

(F) Each contract entered into by the chief under this	5285
section shall provide only for the reclamation of land affected by	5286
the surface or in-stream mining operation or operations of one	5287
operator and not reclaimed by the operator as required by this	5288
chapter. If there is money in the fund derived from the	5289
performance bond deposited with the chief by one operator to	5290
ensure the reclamation of two or more areas of land affected by	5291
the surface or in-stream mining operation or operations of one	5292
operator and not reclaimed by the operator as required by this	5293
chapter, the chief may award a single contract for the reclamation	5294
of all such areas of land.	5295

(G) The cost of the reclamation work done under this section	5296
on each area of land affected by surface or in-stream mining	5297
operations on whichthat an operator has defaultedfailed to	5298
reclaim shall be paid out of the money in the fund derived from	5299
the performance bond that was deposited with the chief to ensure	5300
the reclamation of that area of land. If the amount of money is	5301
not sufficient to pay the cost of doing all of the reclamation	5302
work on the area of land that the operator should have done, but	5303
failed to do, the chief may expend from the reclamation forfeiture	5304
fund created in section 1513.18 of the Revised Code or the surface	5305
mining fund created in this section the amount of money needed to	5306
complete reclamation to the standards required by this chapter.	5307
The operator is liable for that expense in addition to any other	5308
liabilities imposed by law. At the request of the chief, the	5309
attorney general shall bring an action against the operator for	5310
the amount of the expenditures from either fund. Moneys so	5311
recovered shall be deposited in the state treasury to the	5312
appropriatecredit of the fund from which the expenditures were	5313
made.	5314

(H) If any part of the money in the surface mining fund	5315
remains in the fund after the chief has caused the area of land to	5316
be reclaimed and has paid all the reclamation costs and expenses,	5317
or if any money remains because the area of land has been	5318
repermitted under this chapter or reclaimed by a person other than	5319
the chief, the chief may expend the remaining money to complete	5320
other reclamation work performed under this section. The chief	5321
shall prepare an annual report that summarizes the money credited	5322
to the fund and expenditures made from the fund and post the	5323
report on the division of mineral resources management's web site.	5324

Sec. 1514.09.  The reclamation commission established	5325
pursuant to section 1513.05 of the Revised Code shall serve as the	5326
reclamation commission pursuant to this chapter. However,	5327
whenever the commission is considering any appeal pertaining to	5328
surface or in-stream mining, as distinguished from coal strip	5329
mining, the member representing the coal strip mine operators	5330
shall be replaced by a person who, by reason of the person's	5331
previous vocation, employment, or affiliations, can be classed as	5332
a representative of surface or in-stream mine operators, as	5333
applicable. The appointment of that person shall be made in	5334
accordance with section 1513.05 of the Revised Code, and the	5335
person's term shall be concurrent with that of the representative	5336
of the coal strip mine operators.	5337

No party to an appeal brought under this section shall be	5338
eligible for an award of attorney's fees, costs, or expenses from	5339
the commission or any court.	5340

Notwithstanding section 1513.13 of the Revised Code, an	5341
operator may appeal the determination of the chief of the division	5342
of mineral resources management that is made under division (D) of	5343
section 1514.43 of the Revised Code within ten days after the	5344
operator receives a copy of the determination.	5345

Notwithstanding section 1513.14 of the Revised Code, appeals	5346
from an order of the commission pertaining to surface or in-stream	5347
mining may be taken to the court of common pleas of the county in	5348
which the operation is located, or to the court of common pleas of	5349
Franklin county.	5350

Sec. 1514.11.  In addition to the purposes authorized in	5351
section 1514.06 of the Revised Code, the chief of the division of	5352
mineral resources management may use moneys in the surface mining	5353
fund created under that section for the administration and	5354
enforcement of this chapter, for the reclamation of land affected	5355
by surface or in-stream mining under a permit issued under this	5356
chapter that the operator failed to reclaim and for which the	5357
performance bond filed by the operator is insufficient to complete	5358
the reclamation, and for the reclamation of land affected by	5359
surface or in-stream mining that was abandoned and left	5360
unreclaimed and for which no permit was issued or bond filed under	5361
this chapter. Also, the chief may use the portion of the surface	5362
mining fund that consists of moneys collected from the severance	5363
taxes levied under section 5749.02 of the Revised Code for the	5364
mine safety and first aid classes provided under division (C) of	5365
section 1561.26 of the Revised Codetraining. For purposes of this	5366
section, the chief shall expend moneys in the fund in accordance	5367
with the procedures and requirements established in section	5368
1514.06 of the Revised Code and may enter into contracts and	5369
perform work in accordance with that section.	5370

Fees collected under sections 1514.02 and 1514.03 of the	5371
Revised Code, one-half of the moneys collected from the severance	5372
taxes levied under divisions (A)(3) and (4) of section 5749.02 of	5373
the Revised Code, and all of the moneys collected from the	5374
severance tax levied under division (A)(7) of section 5749.02 of	5375
the Revised Code shall be credited to the fund in accordance with	5376
those sections. Notwithstanding any section of the Revised Code	5377
relating to the distribution or crediting of fines for violations	5378
of the Revised Code, all fines imposed under section 1514.99 of	5379
the Revised Code shall be credited to the fund.	5380

Sec. 1514.40. In accordance with Chapter 119. of the Revised	5381
Code, the chief of the division of mineral resources management,	5382
in consultation with a statewide association that represents the	5383
surface mining industry, shall adopt rules that do all of the	5384
following:	5385

(A) For the purpose of establishing safety standards	5386
governing surface mining operations, incorporate by reference 30	5387
C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended;	5388

(B) Establish criteria, standards, and procedures governing	5389
safety performance evaluations conducted under section 1514.45 of	5390
the Revised Code, including requirements for the notification of	5391
operators and the identification of authorized representatives of	5392
miners at surface mining operations for purposes of inspections	5393
conducted under sections 1541.41 to 1541.47 of the Revised Code;	5394

(C) Establish requirements governing the reporting and	5395
investigation of accidents at surface mining operations. In	5396
adopting the rules, the chief shall establish requirements that	5397
minimize duplication with any reporting and investigations of	5398
accidents that are conducted by the mine safety and health	5399
administration in the United States department of labor.	5400

(D) Establish the time, place, and frequency of mine safety	5401
training conducted under section 1514.06 of the Revised Code and a	5402
fee, if any, for the purpose of that section. The amount of the	5403
fee shall not exceed the costs of conducting the training that is	5404
required under that section.	5405

(E) Establish the minimum qualifications necessary to take	5406
the examination that is required for certification of certified	5407
mine forepersons under division (B) of section 1514.47 of the	5408
Revised Code and requirements, fees, and procedures governing the	5409
taking of the examination;	5410

(F) Establish requirements and fees governing the renewal of	5411
certificates under division (C) of that section;	5412

(G) Establish requirements and procedures for the approval of	5413
training plans submitted under division (E) of that section for	5414
the use of qualified persons to conduct examinations of surface	5415
mining operations in lieu of certified mine forepersons and	5416
minimum qualifications of those persons. The rules shall include	5417
requirements governing training frequency and curriculum that must	5418
be provided for qualified persons under such plans and shall	5419
establish related reporting and record keeping requirements.	5420

As used in sections 1514.41 to 1514.47 of the Revised Code,	5421
"rule" means a rule adopted under this section unless the context	5422
indicates otherwise.	5423

Sec. 1514.41. (A) If a surface mining operation is not	5424
inspected by the mine safety and health administration in the	5425
United States department of labor, the chief of the division of	5426
mineral resources management annually shall conduct a minimum of	5427
two inspections of the operation.	5428

(B) If a surface mining operation is identified through a	5429
safety performance evaluation conducted under section 1514.45 of	5430
the Revised Code and rules as having lost-time accidents in an	5431
amount greater than the national average, the chief shall conduct	5432
a minimum of two inspections of the operation for one year	5433
following the identification.	5434

(C) If a fatality of a miner occurs at a surface mining	5435
operation as a result of an unsafe condition or a practice at the	5436
operation, the chief shall conduct a minimum of one inspection	5437
every three months at the operation for two years following the	5438
fatality.	5439

(D) If a life-threatening injury of a miner occurs at a	5440
surface mining operation as a result of an unsafe condition or a	5441
practice at the operation, the chief shall conduct a minimum of	5442
one inspection every three months at the operation for one year	5443
following the injury.	5444

Sec. 1514.42. The chief of the division of mineral resources	5445
management shall conduct a safety audit at a surface mining	5446
operation if the operator of the operation has requested the	5447
division of mineral resources management to conduct mine safety	5448
training. The chief shall conduct additional safety audits at any	5449
surface mining operation if requested by the operator of the	5450
operation. If the chief conducts a safety audit, the operator	5451
shall ensure that the chief has a copy of the training plan that	5452
is required by 30 C.F.R. part 46, as amended, at the time of the	5453
audit.	5454

After completion of an audit, the chief shall prepare a	5455
report that describes the general conditions of the surface mining	5456
operation, lists any hazardous conditions at the operation, lists	5457
any violations of the safety standards established in rules, and	5458
describes the nature and extent of any hazardous condition or	5459
violation found and the corresponding remedy for each hazardous	5460
condition or violation. The chief shall provide two copies of the	5461
report to the operator of the operation. The operator shall post	5462
one copy of the report at the operation for review by the	5463
employees of the operation.	5464

Sec. 1514.43. (A) The chief of the division of mineral	5465
resources management shall enforce the safety standards	5466
established in rules when conducting inspections under section	5467
1514.41 of the Revised Code.	5468

(B) Except as otherwise provided in section 1514.44 of the	5469
Revised Code or pursuant to a safety audit conducted under section	5470
1514.42 of the Revised Code, if during an inspection the chief	5471
finds a violation of a safety standard, the chief shall require	5472
the operator to comply with the standard that is being violated	5473
within a reasonable period of time. If the chief finds a violation	5474
of a safety standard, the chief shall return to the surface mining	5475
operation after a reasonable period of time to determine if the	5476
operator has complied with the standard that was being violated.	5477
If the operator has failed to comply with the standard, the chief	5478
shall take appropriate action to obtain compliance if necessary.	5479

(C) Except as otherwise provided in section 1514.44 of the	5480
Revised Code or pursuant to a safety audit conducted under section	5481
1514.42 of the Revised Code, after completion of an inspection of	5482
a surface mining operation, the chief shall prepare a report that	5483
describes the general conditions of the surface mining operation,	5484
lists any hazardous conditions at the operation, lists any	5485
violations of the safety standards established in rules, and	5486
describes the nature and extent of any hazardous condition or	5487
violation found and the corresponding remedy for each hazardous	5488
condition or violation. The chief shall provide two copies of the	5489
report to the operator of the operation. The operator shall post	5490
one copy of the report at the operation for review by the	5491
employees of the operation.	5492

(D) Except pursuant to a safety audit conducted under section	5493
1514.42 of the Revised Code, not later than ten days after receipt	5494
of a report under this section, the operator may submit a written	5495
request to the chief for a meeting with the chief to review the	5496
findings contained in the report. Upon receipt of a request, the	5497
chief shall review the report and schedule a meeting with the	5498
operator. Within a reasonable period of time after the meeting,	5499
the chief shall make a written determination concerning the	5500
findings contained in the report and provide one copy of the	5501
determination to the operator of the surface mining operation and	5502
one copy of the determination to an authorized representative of	5503
the miners at the operation. If the chief makes a determination	5504
that affirms the findings contained in the report, the chief's	5505
determination constitutes an order for purposes of this chapter	5506
and rules adopted under it.	5507

(E) An operator shall not appeal the contents of a report	5508
prepared under division (C) of this section. However, an operator	5509
may appeal a determination of the chief made under division (D) of	5510
this section.	5511

(F) No operator shall violate or fail to comply with an order	5512
issued pursuant to this section.	5513

Sec. 1514.44. If during an inspection conducted under section	5514
1514.41 of the Revised Code or a safety audit conducted under	5515
section 1514.42 of the Revised Code, the chief of the division of	5516
mineral resources management finds a condition or practice at a	5517
surface mining operation that could reasonably be expected to	5518
cause the death of or imminent serious physical harm to an	5519
employee of the operation, the chief immediately shall issue	5520
orders to safeguard the employees, notify the operator of the	5521
condition or practice, and require the operator to abate the	5522
condition or practice within a reasonable period of time. In all	5523
such situations, the chief may require the operation to cease in	5524
the area in which the condition or practice is occurring or may	5525
require the entire operation to cease, if necessary, until the	5526
condition or practice that could reasonably be expected to cause	5527
death or serious physical harm is eliminated.	5528

The chief shall complete a report that describes the	5529
condition or practice and the action taken to eliminate it. The	5530
chief shall provide two copies of the report to the operator of	5531
the operation. The operator shall post one copy of the report at	5532
the operation for review by the employees of the operation.	5533

Sec. 1514.45. The chief of the division of mineral resources	5534
management annually shall conduct a safety performance evaluation	5535
of all surface mining operations in the state in accordance with	5536
rules. The operator of a surface mining operation shall provide to	5537
the chief a copy of the notification of legal identity required	5538
under 30 C.F.R. part 41, as amended, at the same time that the	5539
notice is filed with the mine safety and health administration in	5540
the United States department of labor.	5541

Sec. 1514.46. If the operator of a surface mining operation	5542
requests the division of mineral resources management to conduct	5543
mine safety training, the chief of the division of mineral	5544
resources management shall conduct mine safety training for the	5545
employees of that operator. For persons who are not employed by a	5546
holder of a surface mining permit issued under this chapter and	5547
who seek the training, the chief may charge a fee in an amount	5548
established in rules for conducting it. The safety training shall	5549
be conducted in accordance with rules and shall emphasize the	5550
standards adopted in rules and include any other content that the	5551
chief determines is beneficial. Any fees collected under this	5552
section shall be deposited in the state treasury to the credit of	5553
the surface mining fund created in section 1514.06 of the Revised	5554
Code.	5555

Sec. 1514.47. (A) The operator of a surface mining operation	5556
shall employ a certified mine foreperson or a person who is	5557
qualified in accordance with this section and rules to conduct	5558
examinations of surface mining operations for purposes of 30	5559
C.F.R. part 56, as amended.	5560

(B) The chief of the division of mineral resources management	5561
shall conduct examinations for the position of certified mine	5562
foreperson in accordance with rules. In order to be eligible for	5563
examination as a certified mine foreperson, an applicant shall	5564
file with the chief an affidavit establishing the applicant's	5565
qualifications to take the examination. The chief shall grade	5566
examinations and issue certificates.	5567

(C) A certificate issued under this section shall expire five	5568
years after the date of issuance. A certificate may be renewed,	5569
provided that the applicant verifies that all required training	5570
pursuant to 30 C.F.R. part 46, as amended, has been completed and	5571
any other requirements for renewal have been satisfied.	5572

(D) If a certificate issued under this section is suspended,	5573
the certificate shall not be renewed until the suspension period	5574
expires and the person whose certificate is suspended successfully	5575
completes all actions required by the chief. If an applicant's	5576
license, certificate, or similar authority that is issued by	5577
another state to perform specified mining duties is suspended or	5578
revoked by that state, the applicant shall be ineligible for	5579
examination for or renewal of a certificate in this state during	5580
that period of suspension or revocation. A certificate that has	5581
been revoked shall not be renewed.	5582

If a person who has been certified by the chief under this	5583
section purposely violates this chapter, the chief may suspend or	5584
revoke the certificate after an investigation and hearing	5585
conducted in accordance with Chapter 119. of the Revised Code are	5586
completed.	5587

(E) In lieu of employing a certified mine foreperson, the	5588
operator of a surface mining operation may submit to the chief a	5589
detailed training plan under which persons who qualify under the	5590
plan may conduct and document examinations at the surface mining	5591
operation for purposes of 30 C.F.R. part 56, as amended. The chief	5592
shall review the plan and determine if the plan complies with the	5593
requirements established in rules. The chief shall approve or deny	5594
the plan and notify in writing the operator who submitted the plan	5595
of the chief's decision.	5596

Sec. 1514.50. (A) The chief of the division of mineral	5597
resources management or an authorized employee of the division of	5598
mineral resources management may enter on lands to make	5599
inspections in accordance with this chapter and rules adopted	5600
under it when necessary in the discharge of the duties specified	5601
in this chapter and the rules. No person shall prevent or hinder	5602
the chief or an authorized employee of the division in the	5603
performance of those duties.	5604

(B) For purposes of performing reclamation of land affected	5605
by surface mining operations on which the holder of a permit	5606
issued under this chapter has defaulted or otherwise failed to	5607
timely conduct the reclamation required by section 1514.05 of the	5608
Revised Code, the chief may enter on the land and perform	5609
reclamation that the chief determines is necessary to protect	5610
public health or safety or the environment. In order to perform	5611
the reclamation, the chief may enter on adjoining land or other	5612
land that is necessary to access the land on which the surface	5613
mining occurred and on which the reclamation is to be performed.	5614
The chief shall provide reasonable advance notice to the owner of	5615
any land to be entered for the purpose of access for reclamation	5616
under this chapter. The division shall return the land that was	5617
used to access the former surface mining operation to the same or	5618
an improved grade, topography, and condition that existed prior to	5619
its use by the division.	5620

(C) When conducting investigations pursuant to section	5621
1514.13 of the Revised Code, the chief or an authorized employee	5622
of the division may enter on lands to conduct water supply	5623
surveys, measure ground water levels and collect data when	5624
necessary to define the cone of depression, or perform other	5625
duties for the purposes of that section.	5626

Sec. 1514.99.  (A) Whoever violates division (A)(1) or (2) of	5627
section 1514.10 of the Revised Code may be fined not more than	5628
five thousand dollars plus not more than one thousand dollars per	5629
acre of land affected, and is responsible for achieving	5630
reclamation of the land as required pursuant to this chapter.	5631

(B) Whoever violates division (B) of section 1514.10 of the	5632
Revised Code may be fined not more than one thousand dollars per	5633
acre of land affected that is not under permit, and is responsible	5634
for achieving reclamation of the land as required pursuant to this	5635
chapter.	5636

(C) Whoever violates division (C) of section 1514.10 of the	5637
Revised Code may be fined not less than one hundred nor more than	5638
one thousand dollars, or imprisoned not more than six months, or	5639
both.	5640

(D) Whoever violates division (D), (E), (F), or (G) of	5641
section 1514.10 of the Revised Code may be fined not less than one	5642
hundred nor more than one thousand dollars for a first offense.	5643
For each subsequent offense, on one or more permits held by such	5644
persons, such person may be fined not less than two hundred nor	5645
more than five thousand dollars, or imprisoned not more than six	5646
months, or both. The permit of any person convicted of a third	5647
offense may be revoked by the court at the time of that	5648
conviction, and the court at that time may further order that no	5649
permit or amendment to a permit may be issued to that person under	5650
this chapter for a period of five years from the date of the	5651
conviction. Nothing contained in this section shall be construed	5652
to limit or affect the authority of the chief of the division of	5653
mineral resources management granted by this chapter.	5654

(E) Whoever violates an order of the chief of the division of	5655
mineral resources management issued under this chapter is guilty	5656
of a minor misdemeanor.	5657

Sec. 1515.093. The supervisors of a soil and water	5658
conservation district may hold one or more credit cards on behalf	5659
of the district and may authorize any supervisor or employee of	5660
the district to use such a credit card to pay for expenses related	5661
to the purposes of the district. The supervisors shall pay the	5662
debt incurred as a result of the use of such a credit card from	5663
money accepted by the supervisors as authorized under division (E)	5664
of section 1515.08 of the Revised Code or from the special fund	5665
established for the district under section 1515.10 of the Revised	5666
Code.	5667

The misuse of a credit card held on behalf of a soil and	5668
water conservation district is a violation of section 2913.21 of	5669
the Revised Code. In addition, a supervisor or employee of a	5670
district who makes unauthorized use of such a credit card may be	5671
held personally liable to the district for the unauthorized use.	5672
This section does not limit any other liability of a supervisor or	5673
employee of a district for the unauthorized use of such a credit	5674
card.	5675

A supervisor or employee of a soil and water conservation	5676
district who is authorized to use a credit card that is held on	5677
behalf of the district and who suspects the loss, theft, or	5678
possibility of another person's unauthorized use of the credit	5679
card immediately shall notify the supervisors in writing of the	5680
suspected loss, theft, or possible unauthorized use.	5681

Sec. 1515.10.  The board of county commissioners of each	5682
county in which there is a soil and water conservation district	5683
may levy a tax within the ten-mill limitation and may appropriate	5684
money from the proceeds of suchthe levy or from the general fund	5685
of the county, which. The money shall be held in a special fund	5686
for the credit of the district, to be expended for the purposes	5687
prescribed in sectionsections 1515.09 and 1515.093 of the Revised	5688
Code, for construction and maintenance of improvements by the	5689
district, and for other expenses incurred in carrying out the	5690
program of the district upon the written order of the fiscal agent	5691
for the district after authorization by a majority of the	5692
supervisors of the district.	5693

Sec. 1515.211. (A) A board of county commissioners that	5694
approves construction of a proposed improvement or the board's	5695
designee shall prepare a schedule of estimated assessments on	5696
property within the area that is to be benefited by the	5697
improvement. In preparing the schedule, the board or its designee	5698
shall use information concerning the proposed improvement that	5699
must be submitted to the board by the supervisors of a soil and	5700
water conservation district. The information includes plans for	5701
the proposed improvement, including surveys, maps, and	5702
specifications, together with schedules of damages, cost	5703
estimates, and any related reports that the supervisors or their	5704
designee prepared.	5705

The schedule of estimated assessments that must be prepared	5706
shall include the name and address of each owner of land believed	5707
to be benefited by the proposed improvement together with a	5708
description of the land. The names and descriptions shall be	5709
obtained from the tax duplicates of the county. The board or its	5710
designee shall enter in the schedule the amount of each estimated	5711
assessment, which shall be determined using considerations	5712
established in section 1515.24 of the Revised Code. In no case	5713
shall an assessment be less than twenty-five dollars for each	5714
parcel of land, except in the case of a multi-parcel lot, in which	5715
case the board may charge a minimum of twenty-five dollars with	5716
respect to all of the parcels comprising the multi-parcel lot. In	5717
addition, the board may charge an assessment of less than	5718
twenty-five dollars if the board determines that a lower amount is	5719
appropriate, provided that the lower amount includes the cost of	5720
preparing and mailing the notice required under division (D)(1) of	5721
section 1515.24 of the Revised Code. The total of the estimated	5722
assessments, including the total estimated assessments allocated	5723
to public corporations and the state, shall equal the estimated	5724
cost of the proposed improvement. The board shall use the schedule	5725
of estimated assessments for purposes of levying final assessments	5726
under section 1515.24 of the Revised Code.	5727

(B) As used in this section, "multi-parcel lot" means a site	5728
on which a dwelling is located and that comprises two or more	5729
contiguous parcels of land.	5730

Sec. 1517.02.  There is hereby created in the department of	5731
natural resources the division of natural areas and preserves,	5732
which shall be administered by the chief of natural areas and	5733
preserves. The chief shall take an oath of office and shall file	5734
in the office of the secretary of state a bond signed by the chief	5735
and by a surety approved by the governor for a sum fixed pursuant	5736
to section 121.11 of the Revised Code.	5737

The chief shall administer a system of nature preserves and	5738
wild, scenic, and recreational river areas. The chief shall	5739
establish a system of nature preserves through acquisition and	5740
dedication of natural areas of state or national significance,	5741
which shall include, but not be limited to, areas that represent	5742
characteristic examples of Ohio's natural landscape types and its	5743
natural vegetation and geological history. The chief shall	5744
encourage landowners to dedicate areas of unusual significance as	5745
nature preserves, and shall establish and maintain a registry of	5746
natural areas of unusual significance.	5747

The chief may supervise, operate, protect, and maintain wild,	5748
scenic, and recreational river areas, as designated by the	5749
director of natural resources. The chief may cooperate with	5750
federal agencies administering any federal program concerning	5751
wild, scenic, or recreational river areas.	5752

The chief shall do the following:

5753

(A) Formulate policies and plans for the acquisition, use,	5754
management, and protection of nature preserves;	5755

(B) Formulate policies for the selection of areas suitable	5756
for registration;	5757

(C) Formulate policies for the dedication of areas as nature	5758
preserves;	5759

(D) Prepare and maintain surveys and inventories of natural	5760
areas and habitats of, rare and endangered species of plants and	5761
animals;, and other unique natural features. The information shall	5762
be stored in the Ohio natural heritage database, established	5763
pursuant to this division, and may be made available to any	5764
individual or private or public agency for research, educational,	5765
environmental, land management, or other similar purposes that are	5766
not detrimental to the conservation of a species or feature.	5767
Information regarding sensitive site locations of species that are	5768
listed pursuant to section 1518.01 of the Revised Code and of	5769
unique natural features that are included in the Ohio natural	5770
heritage database is not subject to section 149.43 of the Revised	5771
Code if the chief determines that the release of the information	5772
could be detrimental to the conservation of a species or unique	5773
natural feature.	5774

(E) Adopt rules for the use, visitation, and protection of	5775
nature preserves, natural areas owned or managed through easement,	5776
license, or lease by the department and administered by the	5777
division, and lands owned or managed through easement, license, or	5778
lease by the department and administered by the division that are	5779
within or adjacent to any wild, scenic, or recreational river	5780
area, in accordance with Chapter 119. of the Revised Code;	5781

(F) Provide facilities and improvements within the state	5782
system of nature preserves that are necessary for their	5783
visitation, use, restoration, and protection and do not impair	5784
their natural character;	5785

(G) Provide interpretive programs and publish and disseminate	5786
information pertaining to nature preserves and natural areas for	5787
their visitation and use;	5788

(H) Conduct and grant permits to qualified persons for the	5789
conduct of scientific research and investigations within nature	5790
preserves;	5791

(I) Establish an appropriate system for marking nature	5792
preserves;	5793

(J) Publish and submit to the governor and the general	5794
assembly a biennial report of the status and condition of each	5795
nature preserve, activities conducted within each preserve, and	5796
plans and recommendations for natural area preservation.	5797

Sec. 1517.10.  (A) As used in this section, "felony" has the	5798
same meaning as in section 109.511 of the Revised Code.	5799

(B)(1) Any person selected by the chief of the division of	5800
natural areas and preserves for custodial or patrol service on the	5801
lands and waters operated or administered by the division shall be	5802
employed in conformity with the law applicable to the classified	5803
civil service of the state. Subject to division (C) of this	5804
section, the chief may designate that person as a preserve	5805
officer. A preserve officer, in any nature preserve, in any	5806
natural area owned or managed through easement, license, or lease	5807
by the department of natural resources and administered by the	5808
division, and on lands owned or managed through easement, license,	5809
or lease by the department and administered by the division that	5810
are within or adjacent to any wild, scenic, or recreational river	5811
area established under this chapter and along any trail	5812
established under Chapter 1519. of the Revised Code, has the	5813
authority specified under section 2935.03 of the Revised Code for	5814
peace officers of the department of natural resources to keep the	5815
peace, to enforce all laws and rules governing those lands and	5816
waters, and to make arrests for violation of those laws and rules,	5817
provided that the authority shall be exercised on lands or waters	5818
administered by another division of the department only pursuant	5819
to an agreement with the chief of that division or to a request	5820
for assistance by an enforcement officer of that division in an	5821
emergency. A preserve officer, in or along any watercourse within,	5822
abutting, or upstream from the boundary of any area administered	5823
by the department, has the authority to enforce section 3767.32 of	5824
the Revised Code and any other laws prohibiting the dumping of	5825
refuse into or along waters and to make arrests for violation of	5826
those laws. The jurisdiction of a preserve officer shall be	5827
concurrent with that of the peace officers of the county,	5828
township, or municipal corporation in which the violation occurs.	5829

The governor, upon the recommendation of the chief, shall	5830
issue to each preserve officer a commission indicating authority	5831
to make arrests as provided in this section.	5832

The chief shall furnish a suitable badge to each commissioned	5833
preserve officer as evidence of the preserve officer's authority.	5834

(2) If any person employed under this section is designated	5835
by the chief to act as an agent of the state in the collection of	5836
money resulting from the sale of licenses, fees of any nature, or	5837
other money belonging to the state, the chief shall require a	5838
surety bond from the person in an amount not less than one	5839
thousand dollars.	5840

(3) A preserve officer may render assistance to a state or	5841
local law enforcement officer at the request of the officer or in	5842
the event of an emergency. Preserve officers serving outside the	5843
division of natural areas and preserves under this section or	5844
serving under the terms of a mutual aid compact authorized under	5845
section 1501.02 of the Revised Code shall be considered as	5846
performing services within their regular employment for the	5847
purposes of compensation, pension or indemnity fund rights,	5848
workers' compensation, and other rights or benefits to which they	5849
may be entitled as incidents of their regular employment.	5850

Preserve officers serving outside the division of natural	5851
areas and preserves under this section or under the terms of a	5852
mutual aid compact retain personal immunity from civil liability	5853
as specified in section 9.86 of the Revised Code and shall not be	5854
considered an employee of a political subdivision for purposes of	5855
Chapter 2744. of the Revised Code. A political subdivision that	5856
uses preserve officers under this section or under the terms of a	5857
mutual aid compact authorized under section 1501.02 of the Revised	5858
Code is not subject to civil liability under Chapter 2744. of the	5859
Revised Code as a result of any action or omission of any preserve	5860
officer acting under this section or under a mutual aid compact.	5861

(C)(1) The chief of the division of natural areas and	5862
preserves shall not designate a person as a preserve officer	5863
pursuant to division (B)(1) of this section on a permanent basis,	5864
on a temporary basis, for a probationary term, or on other than a	5865
permanent basis if the person previously has been convicted of or	5866
has pleaded guilty to a felony.	5867

(2)(a) The chief of the division of natural areas and	5868
preserves shall terminate the employment as a preserve officer of	5869
a person designated as a preserve officer under division (B)(1) of	5870
this section if that person does either of the following:	5871

(i) Pleads guilty to a felony;

5872

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	5873
plea agreement as provided in division (D) of section 2929.43 of	5874
the Revised Code in which the preserve officer agrees to surrender	5875
the certificate awarded to the preserve officer under section	5876
109.77 of the Revised Code.	5877

(b) The chief shall suspend from employment as a preserve	5878
officer a person designated as a preserve officer under division	5879
(B)(1) of this section if that person is convicted, after trial,	5880
of a felony. If the preserve officer files an appeal from that	5881
conviction and the conviction is upheld by the highest court to	5882
which the appeal is taken or if the preserve officer does not file	5883
a timely appeal, the chief shall terminate the employment of that	5884
preserve officer. If the preserve officer files an appeal that	5885
results in the preserve officer's acquittal of the felony or	5886
conviction of a misdemeanor, or in the dismissal of the felony	5887
charge against the preserve officer, the chief shall reinstate	5888
that preserve officer. A preserve officer who is reinstated under	5889
division (C)(2)(b) of this section shall not receive any back pay	5890
unless that preserve officer's conviction of the felony was	5891
reversed on appeal, or the felony charge was dismissed, because	5892
the court found insufficient evidence to convict the preserve	5893
officer of the felony.	5894

(3) Division (C) of this section does not apply regarding an	5895
offense that was committed prior to January 1, 1997.	5896

(4) The suspension from employment, or the termination of the	5897
employment, of a preserve officer under division (C)(2) of this	5898
section shall be in accordance with Chapter 119. of the Revised	5899
Code.	5900

Sec. 1517.11.  There is hereby created in the state treasury	5901
the natural areas and preserves fund, which shall consist of	5902
moneys transferred into it under section 5747.113 of the Revised	5903
Code and of contributions made directly to it. Any person may	5904
contribute directly to the fund in addition to or independently of	5905
the income tax refund contribution system established in that	5906
section.	5907

Moneys in the fund shall be disbursed pursuant to vouchers	5908
approved by the director of natural resources for use by the	5909
division of natural areas and preserves solely for the following	5910
purposes:	5911

(A) The acquisition of new or expanded natural areas, nature	5912
preserves, and wild, scenic, and recreational river areas;	5913

(B) Facility development in natural areas, nature preserves,	5914
and wild, scenic, and recreational river areas;	5915

(C) Special projects, including, but not limited to,	5916
biological inventories, research grants, and the production of	5917
interpretive material related to natural areas, nature preserves,	5918
and wild, scenic, and recreational river areas;	5919

(D) Routine maintenance for health and safety purposes.

5920

Moneys appropriated from the fund shall not be used to fund	5921
salaries of permanent employees,or administrative costs, or	5922
routine maintenance.	5923

All investment earnings of the fund shall be credited to the	5924
fund.	5925

Sec. 1520.02.  (A) The director of natural resources has	5926
exclusive authority to administer, manage, and establish policies	5927
governing canal lands.	5928

(B)(1) Except as provided in division (C) of this section,	5929
theThe director may sell, lease, exchange, give, or grant all or	5930
part of the state's interest in any canal lands in accordance with	5931
section 1501.01 of the Revised Code. The director may stipulate	5932
that an appraisal or survey need not be conducted for, and may	5933
establish any terms or conditions that the director determines	5934
appropriate for, any such conveyance.	5935

(2) With regard to canal lands, the chief of the division of	5936
water, with the approval of the director, may sell, lease, or	5937
transfer minerals or mineral rights when the chief and, with the	5938
approval of the director determine, determines that the sale,	5939
lease, or transfer is in the best interest of the state.	5940
Consideration for minerals and mineral rights shall be by rental	5941
or on a royalty basis as prescribed by the chief, with the	5942
approval of the director, and payable as prescribed by contract.	5943
Moneys collected under division (B)(2) of this section shall be	5944
paid into the state treasury to the credit of the canal lands fund	5945
created in section 1520.05 of the Revised Code.	5946

(C)(1) Not later than one year after July 1, 1989, the	5947
director of transportation and the director of the Ohio historical	5948
society shall identify all canal lands that are or may be of use	5949
to any program operated by the department of transportation or the	5950
Ohio historical society, respectively, and shall notify the	5951
director of natural resources of those lands. The director of	5952
natural resources may transfer any canal lands so identified to	5953
the exclusive care, custody, and control of the department of	5954
transportation or the Ohio historical society, as applicable, by	5955
means of a departmental transfer not later than six months after	5956
receiving notification under division (C)(1) of this section.	5957

(2) The director of natural resources may transfer to the	5958
Ohio historical society any equipment, maps, and records used on	5959
or related to canal lands that are of historical interest and that	5960
are not needed by the director to administer this chapter.	5961

(D) If the director of natural resources determines that any	5962
canal lands are a necessary part of a county's drainage or ditch	5963
system and are not needed for any purpose of the department of	5964
natural resources, the director may sell, grant, or otherwise	5965
convey those canal lands to that county in accordance with	5966
division (B) of this section. The board of county commissioners	5967
shall accept the transfer of canal lands.	5968

(E) Notwithstanding any other section of the Revised Code,	5969
the county auditor shall transfer any canal lands conveyed under	5970
this section, and the county recorder shall record the deed for	5971
those lands in accordance with section 317.12 of the Revised Code.	5972
This division does not apply to canal lands transferred under	5973
division (C)(1) of this section.	5974

Sec. 1520.03.  (A) The director of natural resources may	5975
appropriate real property in accordance with Chapter 163. of the	5976
Revised Code for the purpose of administering this chapter.	5977

(B)(1) The director shall operate and maintain all canals and	5978
canal reservoirs owned by the state except those canals that are	5979
operated by the Ohio historical society on July 1, 1989.	5980

(2) On behalf of the director, the division of water shall	5981
have the care and control of all canals and canal reservoirs owned	5982
by the state, the water in them, and canal lands and shall	5983
protect, operate, and maintain them and keep them in repair. The	5984
chief of the division of water may remove obstructions from or on	5985
them and shall make any alterations or changes in or to them and	5986
construct any feeders, dikes, reservoirs, dams, locks, or other	5987
works, devices, or improvements in or on them that are necessary	5988
in the discharge of the chief's duties.	5989

In accordance with Chapter 119. of the Revised Code, the	5990
chief may adopt, amend, and rescind rules that are necessary for	5991
the administration of this division.	5992

(C) The director may sell or lease water from any canal or	5993
canal reservoir that the director operates and maintains only to	5994
the extent that the water is in excess of the quantity that is	5995
required for navigation, recreation, and wildlife purposes. The	5996
director may adopt, amend, and rescind rules in accordance with	5997
Chapter 119. of the Revised Code necessary to administer this	5998
division.	5999

The withdrawal of water from any canal or canal reservoir for	6000
domestic use is exempt from this division. However, the director	6001
may require water conservation measures for water that is	6002
withdrawn from any canal or canal reservoir for domestic use	6003
during drought conditions or other emergencies declared by the	6004
governor.	6005

(D) No person shall take or divert water from any canal or	6006
canal reservoir operated and maintained by the director except in	6007
accordance with division (C) of this section.	6008

(E) At the request of the director, the attorney general may	6009
commence a civil action for civil penalties and injunctions, in a	6010
court of common pleas, against any person who has violated or is	6011
violating division (D) of this section. The court of common pleas	6012
in which an action for injunctive relief is filed has jurisdiction	6013
to and shall grant preliminary and permanent injunctive relief	6014
upon a showing that the person against whom the action is brought	6015
has violated or is violating that division.	6016

Upon a finding of a violation, the court shall assess a civil	6017
penalty of not more than one thousand dollars for each day of each	6018
violation if the violator is an individual who took or diverted	6019
the water in question for residential or agricultural use. The	6020
court shall assess a civil penalty of not more than five thousand	6021
dollars for each day of each violation if the violator is any	6022
other person who took or diverted the water in question for	6023
industrial or commercial use excluding agricultural use. Moneys	6024
from civil penalties assessed under this division shall be paid	6025
into the state treasury to the credit of the canal lands fund	6026
created in section 1520.05 of the Revised Code.	6027

Any action under this division is a civil action, governed by	6028
the rules of civil procedure and other rules of practice and	6029
procedure applicable to civil actions.	6030

(F) As used in this section, "person" means any agency of	6031
this state, any political subdivision of this state or of the	6032
United States, or any legal entity defined as a person under	6033
section 1.59 of the Revised Code.	6034

Sec. 1520.05.  There is hereby created in the state treasury	6035
the canal lands fund, which shall be composed of all moneys	6036
received by the director of natural resources under sections	6037
1520.02 and 1520.03 of the Revised Code, all civil penalties	6038
assessed under section 1520.03 of the Revised Code, and any moneys	6039
appropriated to it. The fund shall be administered by the	6040
director, who shall spend moneys in the fund for the purposes of	6041
administering and enforcing this chapter and section 1521.08 of	6042
the Revised Code. The director may spend any surplus moneys in the	6043
fund, as determined by himthe director, for any other programs	6044
operated by the department of natural resources.	6045

Sec. 1520.07.  (A) The director of natural resources may give	6046
away or sell timber that has fallen on or been removed for	6047
maintenance reasons from canal lands.	6048

(B) The director may give away or sell the spoils of a	6049
dredging operation conducted by the department of natural	6050
resources in waters under the control and management of the	6051
division of waterdepartment. Prior to giving away or selling any	6052
spoils under this division, the director shall notify the director	6053
of environmental protection of histhat intent so that the	6054
director of environmental protection may determine whether the	6055
spoils constitute solid wastes or hazardous waste, as those terms	6056
are defined in section 3734.01 of the Revised Code, that shall be	6057
disposed of in accordance with Chapter 3734. of the Revised Code.	6058
If the director of environmental protection does not notify the	6059
director of natural resources within thirty days after receiving	6060
notice of the gift or sale that the spoils shall be disposed of in	6061
accordance with Chapter 3734. of the Revised Code, the director of	6062
natural resources may proceed with the gift or sale.	6063

(C) Proceeds from the sale of timber or dredge spoils under	6064
this section shall be deposited into the state treasury to the	6065
credit of the canal lands fund created in section 1520.05 of the	6066
Revised Code.	6067

Sec. 1521.01.  As used in sections 1521.01 to 1521.05,	6068
1521.13 to 1521.18, and 1521.20 to 1521.30 of the Revised Code:	6069

(A) "Consumptive use," "diversion," "Lake Erie drainage	6070
basin," "other great lakes states and provinces," "water	6071
resources," and "waters of the state" have the same meanings as in	6072
section 1501.30 of the Revised Code.	6073

(B) "Well" means any excavation, regardless of design or	6074
method of construction, created for any of the following purposes:	6075

(1) Removing ground water from or recharging water into an	6076
aquifer, excluding subsurface drainage systems installed to	6077
enhance agricultural crop production or urban or suburban	6078
landscape management or to control seepage in dams, dikes, and	6079
levees;	6080

(2) Determining the quantity, quality, level, or movement of	6081
ground water in or the stratigraphy of an aquifer, excluding	6082
borings for instrumentation in dams, dikes, levees, or highway	6083
embankments;	6084

(3) Removing or exchanging heat from ground water, excluding	6085
horizontal trenches that are installed for water source heat pump	6086
systems.	6087

(C) "Aquifer" means a consolidated or unconsolidated geologic	6088
formation or series of formations that are hydraulically	6089
interconnected and that have the ability to receive, store, or	6090
transmit water.	6091

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

6092

(E) "Ground water stress area" means a definable geographic	6093
area in which ground water quantity is being affected by human	6094
activity or natural forces to the extent that continuous	6095
availability of supply is jeopardized by withdrawals.	6096

(F) "Person" has the same meaning as in section 1.59 of the	6097
Revised Code and also includes the United States, the state, any	6098
political subdivision of the state, and any department, division,	6099
board, commission, agency, or instrumentality of the United	6100
States, the state, or a political subdivision of the state.	6101

(G) "State agency" or "agency of the state" has the same	6102
meaning as "agency" in section 111.15 of the Revised Code.	6103

(H) "Development" means any artificial change to improved or	6104
unimproved real estate, including the construction of buildings	6105
and other structures, any substantial improvement of a structure,	6106
and mining, dredging, filling, grading, paving, excavating, and	6107
drilling operations, and storage of equipment or materials.	6108

(I) "Floodplain" means the area adjoining any river, stream,	6109
watercourse, or lake that has been or may be covered by flood	6110
water.	6111

(J) "Floodplain management" means the implementation of an	6112
overall program of corrective and preventive measures for reducing	6113
flood damage, including the collection and dissemination of flood	6114
information, construction of flood control works, nonstructural	6115
flood damage reduction techniques, and adoption of rules,	6116
ordinances, or resolutions governing development in floodplains.	6117

(K) "One-hundred-year flood" means a flood having a one per	6118
cent chance of being equaled or exceeded in any given year.	6119

(L) "One-hundred-year floodplain" means that portion of a	6120
floodplain inundated by a one-hundred-year flood.	6121

(M) "Structure" means a walled and roofed building,	6122
including, without limitation, gas or liquid storage tanks, mobile	6123
homes, and manufactured homes.	6124

(N) "Substantial improvement" means any reconstruction,	6125
rehabilitation, addition, or other improvement of a structure, the	6126
cost of which equals or exceeds fifty per cent of the market value	6127
of the structure before the start of construction of the	6128
improvement. "Substantial improvement" includes repairs to	6129
structures that have incurred substantial damage regardless of the	6130
actual repair work performed. "Substantial improvement" does not	6131
include either of the following:	6132

(1) Any project for the improvement of a structure to correct	6133
existing violations of state or local health, sanitary, or safety	6134
code specifications that have been identified by the state or	6135
local code enforcement official having jurisdiction and that are	6136
the minimum necessary to ensure safe living conditions;	6137

(2) Any alteration of an historic structure designated or	6138
listed pursuant to federal or state law, provided that the	6139
alteration will not preclude the structure's continued listing or	6140
designation as an historic structure.	6141

(O) "Shore structure" includes, but is not limited to:	6142
beaches; groins; revetments; bulkheads; seawalls; breakwaters;	6143
certain dikes designated by the chief of the division of water;	6144
piers; docks; jetties; wharves; marinas; boat ramps; any	6145
associated fill or debris used as part of the construction of	6146
shore structures that may affect shore erosion, wave action, or	6147
inundation; and fill or debris placed along or near the shore,	6148
including bluffs, banks, or beach ridges, for the purpose of	6149
stabilizing slopes.	6150

(P) "Substantial damage" means damage of any origin that is	6151
sustained by a structure if the cost of restoring the structure to	6152
its condition prior to the damage would equal or exceed fifty per	6153
cent of the market value of the structure before the damage	6154
occurred.	6155

(Q) "National flood insurance program" means the national	6156
flood insurance program established in the "National Flood	6157
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended,	6158
and regulations adopted under it.	6159

(R) "Conservancy district" means a conservancy district	6160
established under Chapter 6101. of the Revised Code.	6161

(Q)(S) "Park board" means the board of park commissioners of	6162
a park district created under Chapter 1545. of the Revised Code.	6163

(R)(T) "Erosion control structure" means anything that is	6164
designed primarily to reduce or control erosion of the shore along	6165
or near lake erie, including, but not limited to, revetments,	6166
seawalls, bulkheads, certain breakwaters designated by the chief,	6167
and similar structures. "Erosion control structure" does not	6168
include wharves, piers, docks, marinas, boat ramps, and other	6169
similar structures.	6170

Sec. 1521.04.  The chief of the division of water, with the	6171
approval of the director of natural resources, may make loans and	6172
grants from the water management fund created in section 1501.32	6173
of the Revised Code to governmental agencies for water management,	6174
water supply improvements, and planning and may administer grants	6175
from the federal government and from other public or private	6176
sources for carrying out those functions and for the performance	6177
of any acts that may be required by the United States or by any	6178
agency or department thereof as a condition for the participation	6179
by any governmental agency in any federal financial or technical	6180
assistance program. Direct and indirect costs of administration	6181
may be paid from the water management fund.	6182

The chief may use the water management fund for the purposes	6183
of administering the water diversion and consumptive use permit	6184
programs established in sections 1501.30 to 1501.35 of the Revised	6185
Code; to perform watershed and water resources studies for the	6186
purposes of water management planning; and to acquire, construct,	6187
reconstruct, improve, equip, maintain, operate, and dispose of	6188
water management improvements. The chief may fix, alter, charge,	6189
and collect rates, fees, rentals, and other charges to be paid	6190
into the water management fund by governmental agencies and	6191
persons who are supplied with water by facilities constructed or	6192
operated by the department of natural resources in order to	6193
amortize and defray the cost of the construction, maintenance, and	6194
operation of those facilities.	6195

Sec. 1521.05.  (A) As used in this section:

6196

(1) "Construct" or "construction" includes drilling, boring,	6197
digging, deepening, altering, and logging.	6198

(2) "Altering" means changing the configuration of a well,	6199
including, without limitation, deepening a well, extending or	6200
replacing any portion of the inside or outside casing or wall of a	6201
well that extends below ground level, plugging a portion of a well	6202
back to a certain depth, and reaming out a well to enlarge its	6203
original diameter.	6204

(3) "Logging" means describing the lithology, grain size,	6205
color, and texture of the formations encountered during the	6206
drilling, boring, digging, deepening, or altering of a well.	6207

(4) "Grouting" means neat cement; bentonite products in	6208
slurry, granular, or pelletized form, excluding drilling mud or	6209
fluids; or any combination of neat cement and bentonite products	6210
that is placed within a well to seal the annular space or to seal	6211
an abandoned well and that is impervious to and capable of	6212
preventing the movement of water.	6213

(5) "Abandoned well" means a well whose use has been	6214
permanently discontinued and that poses potential health and	6215
safety hazards or that has the potential to transmit surface	6216
contaminants into the aquifer in which the well has been	6217
constructed.	6218

(6) "Sealing" means the complete filling of an abandoned well	6219
with grouting or other approved materials in order to permanently	6220
prevent the vertical movement of water in the well and thus	6221
prevent the contamination of ground water or the intermixing of	6222
water between aquifers.	6223

(B) Any person that constructs a well shall keep a careful	6224
and accurate log of the construction of the well. The log shall	6225
show all of the following:	6226

(1) The character, including, without limitation, the	6227
lithology, color, texture, and grain size, the name, if known, and	6228
the depth of all formations passed through or encountered;	6229

(2) The depths at which water is encountered;

6230

(3) The static water level of the completed well;

6231

(4) A copy of the record of all pumping tests and analyses	6232
related to those tests, if any;	6233

(5) Construction details, including lengths, diameters, and	6234
thicknesses of casing and screening and the volume, type of	6235
material, and method of introducing gravel packing and grouting	6236
into the well;	6237

(6) The type of pumping equipment installed, if any;

6238

(7) The name of the owner of the well, the address of the	6239
location where the well was constructed, and a description of the	6240
location ofeither the property wherestate plane coordinates or	6241
the latitude and longitude of the well was constructed;	6242

(8) The signature of the individual who constructed the well	6243
and filed the well log;	6244

(9) Any other information required by the chief of the	6245
division of water.	6246

The log shall be furnished to the division of water within	6247
thirty days after the completion of construction of the well on	6248
forms prescribed and prepared by the division. The log shall be	6249
kept on file by the division.	6250

(C) Any person that seals a well shall keep a careful and	6251
accurate report of the sealing of the well. The sealing report	6252
shall show all of the following:	6253

(1) The name of the owner of the well, the address of the	6254
location where the well was constructed, and either the state	6255
plane coordinates or the latitude and longitude of the well;	6256

(2) The depth of the well, the size and length of its casing,	6257
and the static water level of the well;	6258

(3) The sealing procedures, including the volume and type of	6259
sealing material or materials and the method and depth of	6260
placement of each material;	6261

(4) The date on which the sealing was performed;

6262

(5) The signature of the individual who sealed the well and	6263
filed the sealing report;	6264

(6) Any other information required by the chief.

6265

The sealing report shall be furnished to the division within	6266
thirty days after the completion of the sealing of the well on	6267
forms prescribed and prepared by the division.	6268

(D) In accordance with Chapter 119. of the Revised Code, the	6269
chief may adopt, amend, and rescind rules requiring other persons	6270
that are involved in the construction or subsequent development of	6271
a well to submit well logs under this division (B) of this section	6272
containing any or all of the information specified in divisions	6273
(B)(1) to (9) of this section and requiring any person that seals	6274
an abandoned well to submit a well sealing report under this	6275
division containing any or all of the information specified in	6276
those divisions and anyspecifying additional information	6277
specified in the rulesto be included in sealing reports required	6278
under division (C) of this section.	6279

(C)(E)(1) No person shall fail to keep and submit a well log	6280
or a sealing report as required by this section.	6281

(2) No person shall make a false statement in any well log or	6282
sealing report required to be kept and submitted under this	6283
section. Violation of division (C)(E)(2) of this section is	6284
falsification under section 2921.13 of the Revised Code.	6285

(D)(F) For the purposes of prosecution of a violation of	6286
division (C)(E)(1) of this section, a prima-facie case is	6287
established when the division obtains either of the following:	6288

(1) A certified copy of a permit for a private water system	6289
issued in accordance with rules adopted under section 3701.344 of	6290
the Revised Code, or a certified copy of the invoice or a canceled	6291
check from the owner of a well indicating the construction or	6292
sealing services performed;	6293

(2) A certified copy of any permit issued under Chapter 3734.	6294
or 6111. of the Revised Code or plan approval granted under	6295
Chapter 6109. of the Revised Code for any activity that includes	6296
the construction or sealing of a well as applicable.	6297

Sec. 1521.06.  (A) No dam may be constructed for the purpose	6298
of storing, conserving, or retarding water, or for any other	6299
purpose, nor shall any dike or levee be constructed for the	6300
purpose of diverting or retaining flood water, unless the person	6301
or governmental agency desiring the construction has a	6302
construction permit for the dam, dike, or levee issued by the	6303
chief of the division of water.	6304

A construction permit is not required under this section for:

6305

(1) A dam that is or will be less than ten feet in height and	6306
that has or will have a storage capacity of not more than fifty	6307
acre-feet at the elevation of the top of the dam, as determined by	6308
the chief. For the purposes of this section, the height of a dam	6309
shall be measured from the natural stream bed or lowest ground	6310
elevation at the downstream or outside limit of the dam to the	6311
elevation of the top of the dam.	6312

(2) A dam, regardless of height, that has or will have a	6313
storage capacity of not more than fifteen acre-feet at the	6314
elevation of the top of the dam, as determined by the chief;	6315

(3) A dam, regardless of storage capacity, that is or will be	6316
six feet or less in height, as determined by the chief;	6317

(4) A dam, dike, or levee that belongs to a class exempted by	6318
the chief;	6319

(5) The repair, maintenance, improvement, alteration, or	6320
removal of a dam, dike, or levee that is subject to section	6321
1521.062 of the Revised Code, unless the construction constitutes	6322
an enlargement or reconstruction of the structure as determined by	6323
the chief;	6324

(6) A dam or impoundment constructed under Chapter 1513. of	6325
the Revised Code.	6326

(B) Before a construction permit may be issued, three copies	6327
of the plans and specifications, including a detailed cost	6328
estimate, for the proposed construction, prepared by a registered	6329
professional engineer, together with the filing fee specified by	6330
this section and the bond or other security required by section	6331
1521.061 of the Revised Code, shall be filed with the chief. The	6332
detailed estimate of the cost shall include all costs associated	6333
with the construction of the dam, dike, or levee, including	6334
supervision and inspection of the construction by a registered	6335
professional engineer. The filing fee shall be based on the	6336
detailed cost estimate for the proposed construction as filed with	6337
and approved by the chief, and shall be determined by the	6338
following schedule unless otherwise provided by rules adopted	6339
under this section:	6340

(1) For the first one hundred thousand dollars of estimated	6341
cost, a fee of four per cent;	6342

(2) For the next four hundred thousand dollars of estimated	6343
cost, a fee of three per cent;	6344

(3) For the next five hundred thousand dollars of estimated	6345
cost, a fee of two per cent;	6346

(4) For all costs in excess of one million dollars, a fee of	6347
one-half of one per cent.	6348

In no case shall the filing fee be less than one thousand	6349
dollars or more than one hundred thousand dollars. If the actual	6350
cost exceeds the estimated cost by more than fifteen per cent, an	6351
additional filing fee shall be required equal to the fee	6352
determined by the preceding schedule less the original filing fee.	6353
All fees collected pursuant to this section, and all fines	6354
collected pursuant to section 1521.99 of the Revised Code, shall	6355
be deposited in the state treasury to the credit of the dam safety	6356
fund, which is hereby created. Expenditures from the fund shall be	6357
made by the chief for the purpose of administering this section	6358
and sections 1521.061 and 1521.062 of the Revised Code.	6359

(C) The chief shall, within thirty days from the date of the	6360
receipt of the application, fee, and bond or other security, issue	6361
or deny a construction permit for the construction or may issue a	6362
construction permit conditioned upon the making of such changes in	6363
the plans and specifications for the construction as the chief	6364
considers advisable if the chief determines that the construction	6365
of the proposed dam, dike, or levee, in accordance with the plans	6366
and specifications filed, would endanger life, health, or	6367
property.	6368

(D) The chief may deny a construction permit after finding	6369
that a dam, dike, or levee built in accordance with the plans and	6370
specifications would endanger life, health, or property, because	6371
of improper or inadequate design, or for such other reasons as the	6372
chief may determine.	6373

In the event the chief denies a permit for the construction	6374
of the dam, dike, or levee, or issues a permit conditioned upon a	6375
making of changes in the plans or specifications for the	6376
construction, the chief shall state the reasons therefor and so	6377
notify, in writing, the person or governmental agency making the	6378
application for a permit. If the permit is denied, the chief shall	6379
return the bond or other security to the person or governmental	6380
agency making application for the permit.	6381

The decision of the chief conditioning or denying a	6382
construction permit is subject to appeal as provided in Chapter	6383
119. of the Revised Code. A dam, dike, or levee built	6384
substantially at variance from the plans and specifications upon	6385
which a construction permit was issued is in violation of this	6386
section. The chief may at any time inspect any dam, dike, or	6387
levee, or site upon which any dam, dike, or levee is to be	6388
constructed, in order to determine whether it complies with this	6389
section.	6390

(E) A registered professional engineer shall inspect the	6391
construction for which the permit was issued during all phases of	6392
construction and shall furnish to the chief such regular reports	6393
of the engineer's inspections as the chief may require. When the	6394
chief finds that construction has been fully completed in	6395
accordance with the terms of the permit and the plans and	6396
specifications approved by the chief, the chief shall approve the	6397
construction. When one year has elapsed after approval of the	6398
completed construction, and the chief finds that within this	6399
period no fact has become apparent to indicate that the	6400
construction was not performed in accordance with the terms of the	6401
permit and the plans and specifications approved by the chief, or	6402
that the construction as performed would endanger life, health, or	6403
property, the chief shall release the bond or other security. No	6404
bond or other security shall be released until one year after	6405
final approval by the chief, unless the dam, dike, or levee has	6406
been modified so that it will not retain water and has been	6407
approved as nonhazardous after determination by the chief that the	6408
dam, dike, or levee as modified will not endanger life, health, or	6409
property.	6410

(F) When inspections required by this section are not being	6411
performed, the chief shall notify the person or governmental	6412
agency to which the permit has been issued that inspections are	6413
not being performed by the registered professional engineer and	6414
that the chief will inspect the remainder of the construction.	6415
Thereafter, the chief shall inspect the construction and the cost	6416
of inspection shall be charged against the owner. Failure of the	6417
registered professional engineer to submit required inspection	6418
reports shall be deemed notice that the engineer's inspections are	6419
not being performed.	6420

(G) The chief may order construction to cease on any dam,	6421
dike, or levee that is being built in violation of this section,	6422
and may prohibit the retention of water behind any dam, dike, or	6423
levee that has been built in violation of this section. The	6424
attorney general, upon written request of the chief, may bring an	6425
action for an injunction against any person who violates this	6426
section or to enforce an order or prohibition of the chief made	6427
pursuant to this section.	6428

(H) The chief may adopt rules in accordance with Chapter 119.	6429
of the Revised Code, for the design and construction of dams,	6430
dikes, and levees for which a construction permit is required by	6431
this section or for which periodic inspection is required by	6432
section 1521.062 of the Revised Code, for establishing a filing	6433
fee schedule in lieu of the schedule established under division	6434
(B) of this section, for deposit and forfeiture of bonds and other	6435
securities required by section 1521.061 of the Revised Code, for	6436
the periodic inspection, operation, repair, improvement,	6437
alteration, or removal of all dams, dikes, and levees, as	6438
specified in section 1521.062 of the Revised Code, and for	6439
establishing classes of dams, dikes, or levees that are exempt	6440
from the requirements of sections 1521.06this section and section	6441
1521.062 of the Revised Code as being of a size, purpose, or	6442
situation that does not present a substantial hazard to life,	6443
health, or property. The chief may, by rule, limit the period	6444
during which a construction permit issued under this section is	6445
valid. The rules may allow for the extension of the period during	6446
which a permit is valid upon written request, provided that the	6447
written request includes a revised construction cost estimate, and	6448
may require the payment of an additional filing fee for the	6449
requested extension. If a construction permit expires without an	6450
extension before construction is completed, the person or agency	6451
shall apply for a new permit, and shall not continue construction	6452
until the new permit is issued.	6453

Sec. 1521.061.  Except as otherwise provided in this section,	6454
a construction permit shall not be issued under section 1521.06 of	6455
the Revised Code unless the person or governmental agency applying	6456
for the permit executes and files a surety bond conditioned on	6457
completion of the dam, dike, or levee in accordance with the terms	6458
of the permit and the plans and specifications approved by the	6459
chief of the division of water, in an amount equal to fifty per	6460
cent of the estimated cost of the project.	6461

If a permittee requests an extension of the time period	6462
during which a construction permit is valid in accordance with	6463
rules adopted under section 1521.06 of the Revised Code, the chief	6464
shall determine whether the revised construction cost estimate	6465
provided with the request exceeds the original construction cost	6466
estimate that was filed with the chief by more than twenty-five	6467
per cent. If the revised construction cost estimate exceeds the	6468
original construction cost estimate by more than twenty-five per	6469
cent, the chief may require an additional surety bond to be filed	6470
so that the total amount of the surety bonds equals at least fifty	6471
per cent of the revised construction cost estimate.	6472

The chief shall not approve any bond until it is personally	6473
signed and acknowledged by both principal and surety, or as to	6474
either by histhe attorney in fact thereof, with a certified copy	6475
of the power of attorney attached. The chief shall not approve the	6476
bond unless there is attached a certificate of the superintendent	6477
of insurance that the company is authorized to transact a fidelity	6478
and surety business in this state.	6479

All bonds shall be given in a form prescribed by the chief	6480
and shall run to the state as obligee.	6481

The applicant may deposit, in lieu of a bond, cash in an	6482
amount equal to the amount of the bond or United States government	6483
securities or negotiable certificates of deposit issued by any	6484
bank organized or transacting business in this state having a par	6485
value equal to or greater than the amount of the bond. Such cash	6486
or securities shall be deposited upon the same terms as bonds. If	6487
one or more certificates of deposit are deposited in lieu of a	6488
bond, the chief shall require the bank whichthat issued any such	6489
certificate to pledge securities of the aggregate market value	6490
equal to the amount of the certificate whichthat is in excess of	6491
the amount insured by the federal deposit insurance corporation.	6492
The securities to be pledged shall be those designated as eligible	6493
under section 135.18 of the Revised Code. The securities shall be	6494
security for the repayment of the certificate of deposit.	6495

Immediately upon a deposit of cash, securities, or	6496
certificates of deposit, the chief shall deliver them to the	6497
treasurer of state, who shall hold them in trust for the purposes	6498
for which they have been deposited. The treasurer of state is	6499
responsible for the safekeeping of such deposits. An applicant	6500
making a deposit of cash, securities, or certificates of deposit	6501
may withdraw and receive from the treasurer of state, on the	6502
written order of the chief, all or any portion of the cash,	6503
securities, or certificates of deposit, upon depositing with the	6504
treasurer of state cash, other United States government	6505
securities, or negotiable certificates of deposit issued by any	6506
bank organized or transacting business in this state equal in par	6507
value to the par value of the cash, securities, or certificates of	6508
deposit withdrawn. An applicant may demand and receive from the	6509
treasurer of state all interest or other income from any such	6510
securities or certificates as it becomes due. If securities so	6511
deposited with and in the possession of the treasurer of state	6512
mature or are called for payment by the issuer thereof, the	6513
treasurer of state, at the request of the applicant who deposited	6514
them, shall convert the proceeds of the redemption or payment of	6515
the securities into such other United States government	6516
securities, negotiable certificates of deposit issued by any bank	6517
organized or transacting business in this state, or cash as the	6518
applicant designates.	6519

When the chief finds that a person or governmental agency has	6520
failed to comply with the conditions of histhe person's or	6521
agency's bond, hethe chief shall make a finding of that fact and	6522
declare the bond, cash, securities, or certificates of deposit	6523
forfeited in the amount set by rule of the chief. The chief shall	6524
thereupon certify the total forfeiture to the attorney general,	6525
who shall proceed to collect that amount.	6526

In lieu of total forfeiture, the surety, at its option, may	6527
cause the dam, dike, or levee to be completed as required by	6528
section 1521.06 of the Revised Code and rules of the chief, or	6529
otherwise rendered nonhazardous, or pay to the treasurer of state	6530
the cost thereof.	6531

All moneys collected on account of forfeitures of bonds,	6532
cash, securities, and certificates of deposit under this section	6533
shall be credited to the dam safety fund created in section	6534
1521.06 of the Revised Code. The chief shall make expenditures	6535
from the fund to complete dams, dikes, and levees for which bonds	6536
have been forfeited or to otherwise render them nonhazardous.	6537

Expenditures from the fund for those purposes shall be made	6538
pursuant to contracts entered into by the chief with persons who	6539
agree to furnish all of the materials, equipment, work, and labor	6540
as specified and provided in the contract.	6541

A surety bond shall not be required for a permit for a dam,	6542
dike, or levee that is to be designed and constructed by an agency	6543
of the United States government, if the agency files with the	6544
chief written assurance of the agency's financial responsibility	6545
for the structure during the one-year period following the chief's	6546
approval of the completed construction provided for under division	6547
(E) of section 1521.06 of the Revised Code.	6548

Sec. 1521.062.  (A) All dams, dikes, and levees constructed	6549
in this state and not exempted by this section or by the chief of	6550
the division of water under section 1521.06 of the Revised Code	6551
shall be inspected periodically by the chief, except for classes	6552
of dams that, in accordance with rules adopted under this section,	6553
are required to be inspected by registered professional engineers	6554
who have been approved for that purpose by the chief. The	6555
inspection shall ensure that continued operation and use of the	6556
dam, dike, or levee does not constitute a hazard to life, health,	6557
or property. Periodic inspections shall not be required of the	6558
following structures:	6559

(1) A dam that is less than ten feet in height and has a	6560
storage capacity of not more than fifty acre-feet at the elevation	6561
of the top of the dam, as determined by the chief. For the	6562
purposes of this section, the height of a dam shall be measured	6563
from the natural stream bed or lowest ground elevation at the	6564
downstream or outside limit of the dam to the elevation of the top	6565
of the dam.	6566

(2) A dam, regardless of height, that has a storage capacity	6567
of not more than fifteen acre-feet at the elevation of the top of	6568
the dam, as determined by the chief;	6569

(3) A dam, regardless of storage capacity, that is six feet	6570
or less in height, as determined by the chief;	6571

(4) A dam, dike, or levee belonging to a class exempted by	6572
the chief;	6573

(5) A dam, dike, or levee that has been exempted in	6574
accordance with rules adopted under section 1521.064 of the	6575
Revised Code.	6576

(B) In accordance with rules adopted under this section, the	6577
owner of a dam that is in a class of dams that is designated in	6578
the rules for inspection by registered professional engineers	6579
shall obtain the services of a registered professional engineer	6580
who has been approved by the chief to conduct the periodic	6581
inspection of dams pursuant to schedules and other standards and	6582
procedures established in the rules. The registered professional	6583
engineer shall prepare a report of the inspection in accordance	6584
with the rules and provide the inspection report to the dam owner	6585
who shall submit it to the chief. A dam that is designated under	6586
the rules for inspection by a registered professional engineer,	6587
but that is not inspected within a five-year period may be	6588
inspected by the chief at the owner's expense.	6589

(C) Intervals between periodic inspections shall be	6590
determined by the chief, but shall not exceed five years.	6591

(D) In the case of a dam, dike, or levee that the chief	6592
inspects, the chief shall furnish a report of the inspection to	6593
the owner of the dam, dike, or levee. With regard to a dam, dike,	6594
or levee that has been inspected, either by the chief or by a	6595
registered professional engineer, and that is the subject of an	6596
inspection report prepared or received by the chief, the chief	6597
shall inform the owner of any required repairs, maintenance,	6598
investigations, and other remedial and operational measures. The	6599
chief shall order the owner to perform such repairs, maintenance,	6600
investigations, or other remedial or operational measures as the	6601
chief considers necessary to safeguard life, health, or property.	6602
The order shall permit the owner a reasonable time in which to	6603
perform the needed repairs, maintenance, investigations, or other	6604
remedial measures, and the cost thereof shall be borne by the	6605
owner. All orders of the chief are subject to appeal as provided	6606
in Chapter 119. of the Revised Code. The attorney general, upon	6607
written request of the chief, may bring an action for an	6608
injunction against any person who violates this section or to	6609
enforce an order of the chief made pursuant to this section.	6610

(E) The owner of a dam, dike, or levee shall monitor,	6611
maintain, and operate the structure and its appurtenances safely	6612
in accordance with state rules, terms and conditions of permits,	6613
orders, and other requirements issued pursuant to this section or	6614
section 1521.06 of the Revised Code. The owner shall fully and	6615
promptly notify the division of water and other responsible	6616
authorities of any condition that threatens the safety of the	6617
structure and shall take all necessary actions to safeguard life,	6618
health, and property.	6619

(F) Before commencing the repair, improvement, alteration, or	6620
removal of a dam, dike, or levee, the owner shall file an	6621
application including plans, specifications, and other required	6622
information with the division and shall secure written approval of	6623
the application by the chief. Emergency actions by the owner	6624
required to safeguard life, health, or property are exempt from	6625
this requirement. The chief may, by rule, define maintenance,	6626
repairs, or other remedial measures of a routine nature that are	6627
exempt from this requirement.	6628

(G) The chief may remove or correct, at the expense of the	6629
owner, any unsafe structures found to be constructed or maintained	6630
in violation of this section or section 1521.06 of the Revised	6631
Code. In the case of an owner other than a governmental agency,	6632
the cost of removal or correction of any unsafe structure,	6633
together with a description of the property on which the unsafe	6634
structure is located, shall be certified by the chief to the	6635
county auditor and placed by the county auditor upon the tax	6636
duplicate. This cost is a lien upon the lands from the date of	6637
entry and shall be collected as other taxes and returned to the	6638
division. In the case of an owner that is a governmental agency,	6639
the cost of removal or correction of any unsafe structure shall be	6640
recoverable from the owner by appropriate action in a court of	6641
competent jurisdiction.	6642

(H) If the condition of any dam, dike, or levee is found, in	6643
the judgment of the chief, to be so dangerous to the safety of	6644
life, health, or property as not to permit time for the issuance	6645
and enforcement of an order relative to repair, maintenance, or	6646
operation, the chief shall employ any of the following remedial	6647
means necessary to protect life, health, and property:	6648

(1) Lower the water level of the lake or reservoir by	6649
releasing water;	6650

(2) Completely drain the lake or reservoir;

6651

(3) Take such other measures or actions as the chief	6652
considers necessary to safeguard life, health, and property.	6653

The chief shall continue in full charge and control of the	6654
dam, dike, or levee until the structure is rendered safe. The cost	6655
of the remedy shall be recoverable from the owner of the structure	6656
by appropriate action in a court of competent jurisdiction.	6657

(I) The chief may accept and expend gifts, bequests, and	6658
grants from the United States government or from any other public	6659
or private source and may contract with the United States	6660
government or any other agency or entity for the purpose of	6661
carrying out the dam safety functions set forth in this section	6662
and section 1521.06 of the Revised Code.	6663

(J) In accordance with Chapter 119. of the Revised Code, the	6664
chief shallmay adopt, and may amend or rescind, rules that do all	6665
of the following:	6666

(1) Designate classes of dams for which dam owners must	6667
obtain the services of a registered professional engineer to	6668
periodically inspect the dams and to prepare reports of the	6669
inspections for submittal to the chief;	6670

(2) Establish standards in accordance with which the chief	6671
must approve or disapprove registered professional engineers to	6672
inspect dams together with procedures governing the approval	6673
process;	6674

(3) Establish schedules, standards, and procedures governing	6675
periodic inspections and standards and procedures governing the	6676
preparation and submittal of inspection reports;	6677

(4) Establish provisions regarding the enforcement of this	6678
section and rules adopted under it.	6679

(K) The owner of a dam or levee shall notify the chief in	6680
writing of a change in ownership of the dam or levee prior to the	6681
exchange of the property.	6682

Sec. 1521.064.  The chief of the division of water, in	6683
accordance with Chapter 119. of the Revised Code, shall adopt, and	6684
may amend and rescind, rules establishing a program under which	6685
dams, dikes, and levees may be exempted from inspections under	6686
section 1521.062 of the Revised Code if the continued operation	6687
and use of, and any rupturing of or other structural damage to,	6688
the dams, dikes, and levees will not constitute a hazard to life,	6689
health, or property. The rules shall establish, without	6690
limitation, all of the following:	6691

(A) A procedure by which the owner of such a dam, dike, or	6692
levee may apply for an exemption under this section;	6693

(B) The standards that a dam, dike, or levee shall meet in	6694
order to be exempted under this section;	6695

(C) A procedure by which the chief shall periodically review	6696
the status of a dam, dike, or levee that has been exempted under	6697
this section to determine if the exemption should be rescinded;	6698

(D) A requirement that the owner of any dam, dike, or levee	6699
exempted under this section shall agree, in writing, to accept	6700
liability for any injury, death, or loss to persons or property	6701
caused by the rupturing of or other structural damage to the dam,	6702
dike, or levee.	6703

Sec. 1521.13.  (A) Development in one-hundred-year floodplain	6704
areas shall be protected to at least the one-hundred-year flood	6705
level, and flood water conveyance shall be maintained, at a	6706
minimum, in accordance with standards established under the	6707
national flood insurance program. This division does not preclude	6708
a state agency or political subdivision from establishing flood	6709
protection standards that are more restrictive than this division.	6710

(B) Prior to the expenditure of money for or the construction	6711
of buildings, structures, roads, bridges, or other facilities in	6712
locations that may be subject to flooding or flood damage, all	6713
state agencies and political subdivisions shall notify and consult	6714
with the division of water and shall furnish information that the	6715
division reasonably requires in order to avoid the uneconomic,	6716
hazardous, or unnecessary use of floodplains in connection with	6717
such facilities.	6718

(C) The chief of the division of water shall do all of the	6719
following:	6720

(1) Coordinate the floodplain management activities of state	6721
agencies and political subdivisions with the floodplain management	6722
activities of the United States, including the national flood	6723
insurance program established in the "National Flood Insurance Act	6724
of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, and	6725
regulations adopted under that act;	6726

(2) Collect, prepare, and maintain technical data and	6727
information on floods and floodplain management and make the data	6728
and information available to the public, state agencies, political	6729
subdivisions, and agencies of the United States;	6730

(3) Cooperate and enter into agreements with persons for the	6731
preparation of studies and reports on floods and floodplain	6732
management;	6733

(4) Assist any county, municipal corporation, or state agency	6734
in developing comprehensive floodplain management programs;	6735

(5) Provide technical assistance to any county, municipal	6736
corporation, or state agency through engineering assistance, data	6737
collection, preparation of model laws, training, and other	6738
activities relating to floodplain management;	6739

(6) For the purpose of reducing damages and the threat to	6740
life, health, and property in the event of a flood, cooperate with	6741
state agencies, political subdivisions, and the United States in	6742
the development of flood warning systems, evacuation plans, and	6743
flood emergency preparedness plans;	6744

(7) Upon request, assist the emergency management agency	6745
established by section 5502.22 of the Revised Code in the	6746
preparation of flood hazard mitigation reports required as a	6747
condition for receiving federal disaster aid under the "Disaster	6748
Relief Act of 1974," 88 Stat. 143, 42 U.S.C.A. 5121, as amended,	6749
"The Robert T. Stafford Disaster Relief and Emergency Assistance	6750
Act of 1994," Pub. L. No. 93-288, as amended, and regulations	6751
adopted under those actsit;	6752

(8) Adopt, and may amend or rescind, rules in accordance with	6753
Chapter 119. of the Revised Code for the administration,	6754
implementation, and enforcement of this section and sections	6755
1521.14 and 1521.18 of the Revised Code;	6756

(9) Establish, by rule, technical standards for the	6757
delineation and mapping of floodplains and for the conduct of	6758
engineering studies to determine the vertical and horizontal	6759
limits of floodplains and for the assessment of development	6760
impacts on flood heights and flood conveyance. The standards	6761
established in rules adopted under this division shall be	6762
consistent with and no more stringent than the analogous standards	6763
established under the national flood insurance program adopted	6764
pursuant to the "National Flood Insurance Act of 1968," 82 Stat.	6765
572, 42 U.S.C.A. 4001, as amended.	6766

(10) Establish, by rule, flood damage reduction standards	6767
governing development within one hundred year floodplains other	6768
than development subject to the rules adopted under division	6769
(A)(11) of this section. The standards shall include provisions to	6770
ensure that structures are protected at least to the one hundred	6771
year flood level and that any increase in the one hundred year	6772
flood level will not exceed one foot as determined by engineering	6773
studies conducted in accordance with the technical standards	6774
established in rules adopted under division (A)(9) of this	6775
section. The standards adopted under this division shall be no	6776
more stringent than the minimum floodplain management criteria of	6777
the national flood insurance program adopted under the "National	6778
Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	6779
amended.	6780

(11) Establish, by rule, minimum flood damage reduction	6781
standards governing development undertaken by state agencies	6782
within one hundred year floodplains. The standards shall include	6783
provisions to ensure that structures are protected at least to the	6784
one hundred year flood level and that any increase in the one	6785
hundred year flood level will not exceed one foot as determined by	6786
engineering studies conducted in accordance with the technical	6787
standards established in rules adopted under division (A)(9) of	6788
this section. The standards adopted under this division shall be	6789
consistent with and no less stringent than the minimum floodplain	6790
management criteria of the national flood insurance program	6791
adopted under the "National Flood Insurance Act of 1968," 82 Stat.	6792
572, 42 U.S.C.A. 4001, as amended.	6793

(12) On behalf of the director of natural resources,	6794
administer section 1506.04 of the Revised Code.	6795

(B) Rules adopted under division (A)(10) of this section and	6796
standards established under those rules apply only to developments	6797
for which a demonstration of compliance is required under division	6798
(C)(1) of section 1521.14 of the Revised Code	6799

In addition to the duties imposed in divisions (C)(1) to (10)	6800
of this section, and with respect to existing publicly owned	6801
facilities that have suffered flood damage or that may be subject	6802
to flood damage, the chief may conspicuously mark past and	6803
probable flood heights in order to assist in creating public	6804
awareness of and knowledge about flood hazards.	6805

(D)(1) Development that is funded, financed, undertaken, or	6806
preempted by state agencies shall comply with division (A) of this	6807
section and with rules adopted under division (C)(9) of this	6808
section.	6809

(2) State agencies shall apply floodproofing measures in	6810
order to reduce potential additional flood damage of existing	6811
publicly owned facilities that have suffered flood damage.	6812

(3) Before awarding funding or financing or granting a	6813
license, permit, or other authorization for a development that is	6814
or is to be located within a one-hundred-year floodplain, a state	6815
agency shall require the applicant to demonstrate to the	6816
satisfaction of the agency that the development will comply with	6817
division (A) of this section, rules adopted under division (C)(9)	6818
of this section, and any applicable local floodplain management	6819
resolution or ordinance.	6820

(4) Prior to the disbursement of any state disaster	6821
assistance money in connection with any incident of flooding to or	6822
within a county or municipal corporation that is not listed by the	6823
chief as being in compliance under division (D)(1) of section	6824
1521.18 of the Revised Code, a state agency that has authority to	6825
disburse such money shall require the county or municipal	6826
corporation to establish or reestablish compliance as provided in	6827
that division.	6828

(E)(1) Subject to section 1521.18 of the Revised Code, a	6829
county or a municipal corporation may do all of the following:	6830

(a) Adopt floodplain maps that reflect the best available	6831
data and that indicate the areas to be regulated under a	6832
floodplain management resolution or ordinance, as applicable;	6833

(b) Develop and adopt a floodplain management resolution or	6834
ordinance, as applicable;	6835

(c) Adopt floodplain management standards that exceed the	6836
standards that are established under the national flood insurance	6837
program.	6838

(2) A county or municipal corporation shall examine and	6839
apply, where economically feasible, floodproofing measures in	6840
order to reduce potential additional flood damage of existing	6841
publicly owned facilities that have suffered flood damage.	6842

(3) A county that adopts a floodplain management resolution	6843
shall do so in accordance with the procedures established in	6844
section 307.37 of the Revised Code. The county may enforce the	6845
resolution by issuing stop work orders, seeking injunctive relief,	6846
or pursuing other civil actions that the county considers	6847
necessary to ensure compliance with the resolution. In addition,	6848
failure to comply with the floodplain management resolution	6849
constitutes a violation of division (D) of section 307.37 of the	6850
Revised Code.	6851

(4) No action challenging the validity of a floodplain	6852
management resolution adopted by a county or a floodplain	6853
management ordinance adopted by a municipal corporation, or an	6854
amendment to such a resolution or ordinance, because of a	6855
procedural error in the adoption of the resolution, ordinance, or	6856
amendment shall be brought more than two years after the adoption	6857
of the resolution, ordinance, or amendment.	6858

Sec. 1521.14. (A) All state agencies and political	6859
subdivisions, prior to the expenditure of funds for or the	6860
construction of buildings, structures, roads, bridges, or other	6861
facilities in locations that may be subject to flooding or flood	6862
damage, shall notify and consult with the division of water and	6863
shall furnish such information as the division may reasonably	6864
require in order to avoid the uneconomic, hazardous, or	6865
unnecessary use of floodplains in connection with such facilities.	6866

(B) With respect to existing publicly owned facilities that	6867
have suffered flood damage or that may be subject to flood damage,	6868
the chief of the division of water may conspicuously mark past and	6869
probable flood heights so as to assist in creating public	6870
awareness of and knowledge about flood hazards. Wherever	6871
economically feasible, state agencies and political subdivisions	6872
responsible for existing publicly owned facilities shall apply	6873
floodproofing measures in order to reduce potential flood damage.	6874

(C)(1) Any state agency that funds or finances developments	6875
or that has regulatory jurisdiction that preempts the authority of	6876
political subdivisions to regulate development as necessary to	6877
establish participation in the national flood insurance program	6878
under the "National Flood Insurance Act of 1968," 82 Stat. 572, 42	6879
U.S.C.A. 4001, as amended, before awarding funding or financing or	6880
granting a license, permit, or other authorization for a	6881
development that is or is to be located within a one hundred year	6882
floodplain, shall require the applicant therefor to demonstrate to	6883
the satisfaction of the agency that the development will comply	6884
with the flood damage reduction standards established in rules	6885
adopted under division (A)(10) of section 1521.13 of the Revised	6886
Code.	6887

(2) Any state agency that undertakes any development that is	6888
or is to be located within a one hundred year floodplain shall	6889
ensure that the development complies with the minimum flood damage	6890
reduction standards established in rules adopted under division	6891
(A)(11) of section 1521.13 of the Revised Code.	6892

(3) Prior to the disbursement of any state disaster	6893
assistance funds in connection with any incident of flooding to or	6894
within a municipal corporation or county that is not listed by the	6895
chief as being in compliance under division (D)(1) of section	6896
1521.18 of the Revised Code, each state agency having the	6897
authority to disburse such funds shall require the municipal	6898
corporation or county to establish or reestablish compliance as	6899
provided in that division.	6900

(D) All state agencies shall comply with this section, rules	6901
adopted under section 1521.13 of the Revised Code, and any	6902
applicable local floodplain management ordinance or resolution.	6903
Upon the written request of the director of natural resources, the	6904
attorney general mayshall bring a civilan action for injunctive	6905
appropriate relief, in thea court of common pleas of Franklin	6906
county,competent jurisdiction against any state agency that	6907
violates this section, rules adopted under section 1521.13 of the	6908
Revised Code, or any applicable local floodplain management	6909
ordinance or resolution. In the action, the court may enter an	6910
order that restrains, prevents, or abates any conduct, or abates	6911
any development undertaken by a state agency, in violation of this	6912
section, rules adopted under section 1521.13 of the Revised Code,	6913
or any applicable local floodplain management ordinance or	6914
resolutiondevelopment that is not in compliance with the	6915
standards of the national flood insurance program and that is one	6916
of the following:	6917

(A) Located in a county or municipal corporation that is not	6918
listed by the chief of the division of water as being in	6919
compliance under division (D)(1) of section 1521.18 of the Revised	6920
Code;	6921

(B) Funded, financed, undertaken, or preempted by a state	6922
agency.	6923

Sec. 1521.18.  (A) For the purposes of this section, a	6924
one-hundred-year floodplain is limited to an area identified as a	6925
one-hundred-year floodplain in accordance with the "National Flood	6926
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	6927
amended.	6928

(B) Each municipal corporation or county that has within its	6929
boundaries a one-hundred-year floodplain and that adopts a	6930
floodplain management ordinance or resolution or any amendments to	6931
such an ordinance or resolution on or after April 11, 1991, after	6932
adopting the ordinance, resolution, or amendments and before	6933
submitting the ordinance, resolution, or amendments to the federal	6934
emergency management agency for final approval for compliance with	6935
applicable standards adopted under the "National Flood Insurance	6936
Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, shall	6937
submit the ordinance, resolution, or amendments to the chief of	6938
the division of water for histhe chief's review for compliance	6939
with those standards. Within forty-five days after receiving any	6940
such ordinance, resolution, or amendments, the chief shall	6941
complete histhe review and notify the municipal corporation or	6942
county as to whether the ordinance, resolution, or amendments	6943
comply with those standards. If the chief finds that the	6944
ordinance, resolution, or amendments comply with those standards,	6945
hethe chief shall forward it or them to the federal emergency	6946
management agency for final approval.	6947

(C)(1) If the chief determines that a county or municipal	6948
corporation that has adopted a floodplain management resolution or	6949
ordinance fails to administer or enforce the resolution or	6950
ordinance, the chief shall send a written notice by certified mail	6951
to the board of county commissioners of the county or the chief	6952
executive officer of the municipal corporation stating the nature	6953
of the noncompliance.	6954

(2) In order to maintain its compliance status in accordance	6955
with division (D) of this section, a county or municipal	6956
corporation that has received a notice of noncompliance under	6957
division (C)(1) of this section may submit information to the	6958
chief not later than thirty days after receiving the notice that	6959
demonstrates compliance or indicates the actions that the county	6960
or municipal corporation is taking to administer or enforce the	6961
resolution or ordinance. The chief shall review the information	6962
and shall issue a final determination by certified mail to the	6963
county or municipal corporation of the compliance or noncompliance	6964
status of the county or municipal corporation. If the chief issues	6965
a final determination of noncompliance, hethe chief shall send a	6966
copy of that determination to the federal emergency management	6967
agency concurrently with mailing the notice to the municipal	6968
corporation or county.	6969

(D)(1) A county or municipal corporation is considered to be	6970
in compliance for the purposes of this section if either of the	6971
following applies:	6972

(a) The county or municipal corporation has adopted a	6973
floodplain management resolution or ordinance that the chief has	6974
determined complies with applicable standards adopted under the	6975
"National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A.	6976
4001, as amended, and is adequately administering and enforcing it	6977
as determined under division (C) of this section.	6978

(b) The county or municipal corporation is participating in	6979
the national flood insurance program under the "National Flood	6980
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	6981
amended, and has not received a notice of noncompliance under	6982
division (B) or (C) of this section.	6983

(2) The chief shall maintain a list of all counties and	6984
municipal corporations that have one-hundred-year floodplains	6985
within their boundaries. The list shall indicate whether each such	6986
county or municipal corporation is in compliance or noncompliance	6987
as provided in division (D)(1) of this section and whether each	6988
such county or municipal corporation is participating in the	6989
national flood insurance program. The chief shall provide a copy	6990
of the list to the general assembly and all state agencies	6991
annually and shall notify the general assembly and the agencies of	6992
any changes at least quarterly.	6993

(E) Any county or municipal corporation that is adversely	6994
affected by any determination of the chief under this section may	6995
appeal it in accordance with Chapter 119. of the Revised Code not	6996
later than thirty days after the final determination.	6997

Sec. 1521.19. (A) There is hereby created the Ohio water	6998
resources council consisting of the directors of agriculture,	6999
development, environmental protection, health, natural resources,	7000
transportation, and the Ohio public works commission, the	7001
chairperson of the public utilities commission of Ohio, the	7002
executive directorsdirector of the state and local government	7003
commission of Ohio and the Ohio water development authority, and	7004
an executive assistant in the office of the governor appointed by	7005
the governor. The governor shall appoint one of the members of the	7006
council to serve as its chairperson. The council may adopt bylaws	7007
that are necessary for the implementation of this section. The	7008
council shall provide a forum for policy development,	7009
collaboration and coordination among state agencies, and strategic	7010
direction with respect to state water resource programs. The	7011
council shall be assisted in its functions by a state agency	7012
coordinating group and an advisory group as provided in this	7013
section.	7014

(B) The state agency coordinating group shall consist of the	7015
executive director of the Ohio Lake Erie commission and a member	7016
or members from each state agency, commission, and authority	7017
represented on the council, to be appointed by the applicable	7018
director, chairperson, or executive director. However, the	7019
environmental protection agency shall be represented on the group	7020
by the chiefs of the divisions within that agency having	7021
responsibility for surface water programs and drinking and ground	7022
water programs, and the department of natural resources shall be	7023
represented on the group by the chief of the division of water and	7024
the chief of the division of soil and water conservation. The	7025
chairperson of the council shall appoint a leader of the state	7026
agency coordinating group. The group shall provide assistance to	7027
and perform duties on behalf of the council as directed by the	7028
council.	7029

(C) The advisory group shall consist of not more than twenty	7030
twenty-four members, each representing an organization or entity	7031
with an interest in water resource issues. The council shall	7032
appoint the members of the advisory group. Of the initial	7033
appointments, not more than ten members shall be appointed for	7034
one-year terms, and not more than ten members shall be appointed	7035
for two-year terms. Of the four initial appointments made after	7036
the effective date of this amendment, two of the members shall be	7037
appointed for one-year terms, and two of the members shall be	7038
appointed for two-year terms. Thereafter, all advisory group	7039
members shall serve two-year terms. Members may be reappointed.	7040
Each member shall hold office from the date of the member's	7041
appointment until the end of the member's term. A member shall	7042
continue in office subsequent to the expiration date of the	7043
member's term until the member's successor takes office or until a	7044
period of sixty days has elapsed, whichever occurs first. The	7045
council may remove a member for misfeasance, nonfeasance, or	7046
malfeasance in office. The council shall appoint members to fill	7047
any vacancies on the group. A member appointed to fill a vacancy	7048
shall hold office for the remainder of the term for which that	7049
member was appointed.	7050

The chairperson of the council shall appoint a chairperson of	7051
the advisory group. The advisory group shall advise the council on	7052
water resources issues addressed by the council.	7053

(D) There is hereby created in the state treasury the Ohio	7054
water resources council fund. The department of natural resources	7055
shall serve as the fiscal agent for the fund. The departments of	7056
agriculture, development, environmental protection, health,	7057
natural resources, and transportation shall transfer moneys to the	7058
fund in equal amounts via intrastate transfer voucher. The public	7059
utilities commission of Ohio, Ohio public works commission, state	7060
and local government commission of Ohio, and Ohio water	7061
development authority may transfer moneys to the fund. If a	7062
voluntary transfer of moneys is made to the fund, the portion that	7063
is required to be transferred by the departments of agriculture,	7064
development, environmental protection, health, natural resources,	7065
and transportation may be equally reduced. Moneys in the fund	7066
shall be used to pay the operating expenses of the Ohio water	7067
resources council, including those specified in division (E) of	7068
this section.	7069

(E) The Ohio water resources council may hire staff to	7070
support its activities. The council may enter into contracts and	7071
agreements with federal agencies, state agencies, political	7072
subdivisions, and private entities to assist in accomplishing its	7073
objectives. Advisory group members shall be reimbursed for	7074
expenses necessarily incurred in the performance of their duties	7075
pursuant to section 126.31 of the Revised Code and any applicable	7076
rules pertaining to travel reimbursement adopted by the office of	7077
budget and management.	7078

Sec. 1521.99.  (A) Whoever violates division (C)(E)(1) of	7079
section 1521.05 or division (E)(1) of section 1521.16 of the	7080
Revised Code is guilty of a misdemeanor of the fourth degree.	7081

(B) Whoever violates section 1521.06 or 1521.062 of the	7082
Revised Code shall be fined not less than one hundred dollars nor	7083
more than one thousand dollars for each offense. Each day of	7084
violation constitutes a separate offense.	7085

(C) Whoever violates sections 1521.20 to 1521.30 of the	7086
Revised Code shall be fined not less than one hundred dollars nor	7087
more than one thousand dollars for each offense. Each day of	7088
violation constitutes a separate offense.	7089

Sec. 1531.01.  As used in this chapter and Chapter 1533. of	7090
the Revised Code:	7091

(A) "Person" means individual, company, partnership,	7092
corporation, municipal corporation, association, or any	7093
combination of individuals, or any employee, agent, or officer	7094
thereofa person as defined in section 1.59 of the Revised Code or	7095
a company; an employee, agent, or officer of such a person or	7096
company; a combination of individuals; the state; a political	7097
subdivision of the state; an interstate body created by a compact;	7098
or the federal government or a department, agency, or	7099
instrumentality of it.	7100

(B) "Resident" means any individual who has resided in this	7101
state for not less than six months next preceding the date of	7102
making application for a license.	7103

(C) "Nonresident" means any individual who does not qualify	7104
as a resident.	7105

(D) "Division rule" or "rule" means any rule adopted by the	7106
chief of the division of wildlife under section 1531.10 of the	7107
Revised Code unless the context indicates otherwise.	7108

(E) "Closed season" means that period of time during which	7109
the taking of wild animals protected by this chapter and Chapter	7110
1533. of the Revised Code is prohibited.	7111

(F) "Open season" means that period of time during which the	7112
taking of wild animals protected by this chapter and Chapter 1533.	7113
of the Revised Code is permitted.	7114

(G) "Take or taking" includes pursuing, shooting, hunting,	7115
killing, trapping, angling, fishing with a trotline, or netting	7116
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,	7117
wild bird, or wild quadruped, and any lesser act, such as	7118
wounding, or placing, setting, drawing, or using any other device	7119
for killing or capturing any wild animal, whether it results in	7120
killing or capturing the animal or not. "Take or taking" includes	7121
every attempt to kill or capture and every act of assistance to	7122
any other person in killing or capturing or attempting to kill or	7123
capture a wild animal.	7124

(H) "Possession" means both actual and constructive	7125
possession and any control of things referred to.	7126

(I) "Bag limit" means the number, measurement, or weight of	7127
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild	7128
birds, and wild quadrupeds permitted to be taken.	7129

(J) "Transport and transportation" means carrying or moving	7130
or causing to be carried or moved.	7131

(K) "Sell and sale" means barter, exchange, or offer or	7132
expose for sale.	7133

(L) "Whole to include part" means that every provision	7134
relating to any wild animal protected by this chapter and Chapter	7135
1533. of the Revised Code applies to any part of the wild animal	7136
with the same effect as it applies to the whole.	7137

(M) "Angling" means fishing with not more than two hand	7138
lines, not more than two units of rod and line, or a combination	7139
of not more than one hand line and one rod and line, either in	7140
hand or under control at any time while fishing. The hand line or	7141
rod and line shall have attached to it not more than three baited	7142
hooks, not more than three artificial fly rod lures, or one	7143
artificial bait casting lure equipped with not more than three	7144
sets of three hooks each.	7145

(N) "Trotline" means a device for catching fish that consists	7146
of a line having suspended from it, at frequent intervals,	7147
vertical lines with hooks attached.	7148

(O) "Fish" means a cold-blooded vertebrate having fins.

7149

(P) "Measurement of fish" means length from the end of the	7150
nose to the longest tip or end of the tail.	7151

(Q) "Wild birds" includes game birds and nongame birds.

7152

(R) "Game" includes game birds, game quadrupeds, and	7153
fur-bearing animals.	7154

(S) "Game birds" includes mourning doves, ringneck pheasants,	7155
bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated	7156
grouse, wild turkey, Hungarian partridge, Chukar partridge,	7157
woodcocks, black-breasted plover, golden plover, Wilson's snipe or	7158
jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules,	7159
duck, geese, brant, and crows.	7160

(T) "Nongame birds" includes all other wild birds not	7161
included and defined as game birds or migratory game birds.	7162

(U) "Wild quadrupeds" includes game quadrupeds and	7163
fur-bearing animals.	7164

(V) "Game quadrupeds" includes cottontail rabbits, gray	7165
squirrels, black squirrels, fox squirrels, red squirrels, flying	7166
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,	7167
wild boar, and black bears.	7168

(W) "Fur-bearing animals" includes minks, weasels, raccoons,	7169
skunks, opossums, muskrats, fox, beavers, badgers, otters,	7170
coyotes, and bobcats.	7171

(X) "Wild animals" includes mollusks, crustaceans, aquatic	7172
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,	7173
and all other wild mammals, but does not include domestic deer.	7174

(Y) "Hunting" means pursuing, shooting, killing, following	7175
after or on the trail of, lying in wait for, shooting at, or	7176
wounding wild birds or wild quadrupeds while employing any device	7177
commonly used to kill or wound wild birds or wild quadrupeds	7178
whether or not the acts result in killing or wounding. "Hunting"	7179
includes every attempt to kill or wound and every act of	7180
assistance to any other person in killing or wounding or	7181
attempting to kill or wound wild birds or wild quadrupeds.	7182

(Z) "Trapping" means securing or attempting to secure	7183
possession of a wild bird or wild quadruped by means of setting,	7184
placing, drawing, or using any device that is designed to close	7185
upon, hold fast, confine, or otherwise capture a wild bird or wild	7186
quadruped whether or not the means results in capture. "Trapping"	7187
includes every act of assistance to any other person in capturing	7188
wild birds or wild quadrupeds by means of the device whether or	7189
not the means results in capture.	7190

(AA) "Muskrat spear" means any device used in spearing	7191
muskrats.	7192

(BB) "Channels and passages" means those narrow bodies of	7193
water lying between islands or between an island and the mainland	7194
in Lake Erie.	7195

(CC) "Island" means a rock or land elevation above the waters	7196
of Lake Erie having an area of five or more acres above water.	7197

(DD) "Reef" means an elevation of rock, either broken or in	7198
place, or gravel shown by the latest United States chart to be	7199
above the common level of the surrounding bottom of the lake,	7200
other than the rock bottom, or in place forming the base or	7201
foundation rock of an island or mainland and sloping from the	7202
shore of it. "Reef" also means all elevations shown by that chart	7203
to be above the common level of the sloping base or foundation	7204
rock of an island or mainland, whether running from the shore of	7205
an island or parallel with the contour of the shore of an island	7206
or in any other way and whether formed by rock, broken or in	7207
place, or from gravel.	7208

(EE) "Fur farm" means any area used exclusively for raising	7209
fur-bearing animals or in addition thereto used for hunting game,	7210
the boundaries of which are plainly marked as such.	7211

(FF) "Waters" includes any lake, pond, reservoir, stream,	7212
channel, lagoon, or other body of water, or any part thereof,	7213
whether natural or artificial.	7214

(GG) "Crib" or "car" refers to that particular compartment of	7215
the net from which the fish are taken when the net is lifted.	7216

(HH) "Commercial fish" means those species of fish permitted	7217
to be taken, possessed, bought, or sold unless otherwise	7218
restricted by the Revised Code or division rule and are alewife	7219
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin	7220
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio),	7221
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus	7222
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead	7223
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel	7224
catfish (Ictalurus punctatus), flathead catfish (Pylodictis	7225
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.),	7226
freshwater drum or sheepshead (Aplodinotus grunniens), gar	7227
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish	7228
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye	7229
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt	7230
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus	7231
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other	7232
than buffalo and quillback (Carpiodes sp., Catostomus sp.,	7233
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone	7234
chrysops), white perch (Roccus americanus), and yellow perch	7235
(Perca flavescens). When the common name of a fish is used in this	7236
chapter or Chapter 1533. of the Revised Code, it refers to the	7237
fish designated by the scientific name in this definition.	7238

(II) "Fishing" means taking or attempting to take fish by any	7239
method, and all other acts such as placing, setting, drawing, or	7240
using any device commonly used to take fish whether resulting in a	7241
taking or not.	7242

(JJ) "Fillet" means the pieces of flesh taken or cut from	7243
both sides of a fish, joined to form one piece of flesh.	7244

(KK) "Part fillet" means a piece of flesh taken or cut from	7245
one side of a fish.	7246

(LL) "Round" when used in describing fish means with head and	7247
tail intact.	7248

(MM) "Migrate" means the transit or movement of fish to or	7249
from one place to another as a result of natural forces or	7250
instinct and includes, but is not limited to, movement of fish	7251
induced or caused by changes in the water flow.	7252

(NN) "Spreader bar" means a brail or rigid bar placed across	7253
the entire width of the back, at the top and bottom of the cars in	7254
all trap, crib, and fyke nets for the purpose of keeping the	7255
meshes hanging squarely while the nets are fishing.	7256

(OO) "Fishing guide" means any person who, for consideration	7257
or hire, operates a boat, rents, leases, or otherwise furnishes	7258
angling devices, ice fishing shanties or shelters of any kind, or	7259
other fishing equipment, and accompanies, guides, directs, or	7260
assists any other person in order for the other person to engage	7261
in fishing.	7262

(PP) "Net" means fishing devices with meshes composed of	7263
twine or synthetic material and includes, but is not limited to,	7264
trap nets, fyke nets, crib nets, carp aprons, dip nets, and	7265
seines, except minnow seines and minnow dip nets.	7266

(QQ) "Commercial fishing gear" means seines, trap nets, fyke	7267
nets, dip nets, carp aprons, trotlines, other similar gear, and	7268
any boat used in conjunction with that gear, but does not include	7269
gill nets.	7270

(RR) "Native wildlife" means any species of the animal	7271
kingdom indigenous to this state.	7272

(SS) "Gill net" means a single section of fabric or netting	7273
seamed to a float line at the top and a lead line at the bottom,	7274
which is designed to entangle fish in the net openings as they	7275
swim into it.	7276

(TT) "Tag fishing tournament" means a contest in which a	7277
participant pays a fee, or gives other valuable consideration, for	7278
a chance to win a prize by virtue of catching a tagged or	7279
otherwise specifically marked fish within a limited period of	7280
time.	7281

(UU) "Tenant" means an individual who resides on land for	7282
which the individual pays rent and whose annual income is	7283
primarily derived from agricultural production conducted on that	7284
land, as "agricultural production" is defined in section 929.01 of	7285
the Revised Code.	7286

(VV) "Nonnative wildlife" means any wild animal not	7287
indigenous to this state, but does not include domestic deer.	7288

(WW) "Reptiles" includes common musk turtle (sternotherus	7289
odoratus), common snapping turtle (Chelydra serpentina	7290
serpentina), spotted turtle (Clemmys guttata), eastern box turtle	7291
(Terrapene carolina carolina), Blanding's turtle (Emydoidea	7292
blandingii), common map turtle (Graptemys geographica), ouachita	7293
map turtle (Graptemys pseudogeographica ouachitensis), midland	7294
painted turtle (Chrysemys picta marginata), red-eared slider	7295
(Trachemys scripta elegans), eastern spiny softshell turtle	7296
(Apalone spinifera spinifera), midland smooth softshell turtle	7297
(Apalone mutica mutica), northern fence lizard (Sceloporus	7298
undulatus hyacinthinus), ground skink (Scincella lateralis),	7299
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces	7300
laticeps), northern coal skink (Eumeces anthracinus anthracinus),	7301
European wall lizard (Podarcis muralis), queen snake (Regina	7302
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern	7303
water snake (Nerodia sipedon sipedon), Lake Erie watersnake	7304
(Nerodia sipedon insularum), copperbelly water snake (Nerodia	7305
erythrogaster neglecta), northern brown snake (Storeria dekayi	7306
dekayi), midland brown snake (Storeria dekayi wrightorum),	7307
northern redbelly snake (Storeria occipitomaculata	7308
occipitomaculata), eastern garter snake (Thamnophis sirtalis	7309
sirtalis), eastern plains garter snake (Thamnophis radix radix),	7310
Butler's garter snake (Thamnophis butleri), shorthead garter snake	7311
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis	7312
sauritus sauritus), northern ribbon snake (Thamnophis sauritus	7313
septentrionalis), eastern hognose snake (Heterodon platirhinos),	7314
eastern smooth earth snake (Virginia valeriae valeriae), northern	7315
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake	7316
(Carphophis amoenus helenae), eastern worm snake (Carphophis	7317
amoenus amoenus), black racer (Coluber constrictor constrictor),	7318
blue racer (Coluber constrictor foxii), rough green snake	7319
(opheodrys aestivus), smooth green snake (opheodrys vernalis	7320
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox	7321
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis	7322
getula nigra), eastern milk snake (Lampropeltis triangulum	7323
triangulum), northern copperhead (Agkistrodon contortrix mokasen),	7324
eastern massasauga (Sistrurus catenatus catenatus), and timber	7325
rattlesnake (Crotalus horridus horridus).	7326

(XX) "Amphibians" includes eastern hellbender (Crytpobranchus	7327
alleganiensis alleganiensis), mudpuppy (Necturus maculosus	7328
maculosus), red-spotted newt (Notophthalmus viridescens	7329
viridescens), Jefferson salamander (Ambystoma jeffersonianum),	7330
spotted salamander (Ambystoma maculatum), blue-spotted salamander	7331
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum),	7332
streamside salamander (Ambystoma barbouri), marbled salamander	7333
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum	7334
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus),	7335
mountain dusky salamander (Desmognathus ochrophaeus), redback	7336
salamander (Plethodon cinereus), ravine salamander (Plethodon	7337
richmondi), northern slimy salamander (Plethodon glutinosus),	7338
Wehrle's salamander (Plethodon wehrlei), four-toed salamander	7339
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus	7340
porphyriticus duryi), northern spring salamander (Gyrinophilus	7341
porphyriticus porphyriticus), mud salamander (Pseudotriton	7342
montanus), northern red salamander (Pseudotriton ruber ruber),	7343
green salamander (Aneides aeneus), northern two-lined salamander	7344
(Eurycea bislineata), longtail salamander (Eurycea longicauda	7345
longicauda), cave salamander (Eurycea lucifuga), southern	7346
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo	7347
woodhousii fowleri), American toad (Bufo americanus), eastern	7348
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris	7349
crepitans blanchardi), northern spring peeper (Pseudacris crucifer	7350
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog	7351
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata	7352
triseriata), mountain chorus frog (Pseudacris brachyphona),	7353
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota),	7354
northern leopard frog (Rana pipiens), pickerel frog (Rana	7355
palustris), southern leopard frog (Rana utricularia), and wood	7356
frog (Rana sylvatica).	7357

(YY) "Deer" means white-tailed deer (Oddocoileus	7358
virginianus).	7359

(ZZ) "Domestic deer" means nonnative deer that have been	7360
legally acquired or their offspring and that are held in private	7361
ownership for primarily agricultural purposes.	7362

(AAA) "Migratory game bird" includes waterfowl (Anatidae);	7363
doves (Columbidae); cranes (Gruidae); cormorants	7364
(Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and	7365
woodcock and snipe (Scolopacidae).	7366

(BBB) "Accompany" means to go along with another person while	7367
staying within a distance from the person that enables	7368
uninterrupted, unaided visual and auditory communication.	7369

Sec. 1531.02.  The ownership of and the title to all wild	7370
animals in this state, not legally confined or held by private	7371
ownership legally acquired, is in the state, which holds such	7372
title in trust for the benefit of all the people. Individual	7373
possession shall be obtained only in accordance with the Revised	7374
Code or division rules. No person at any time of the year shall	7375
take in any manner or possess any number or quantity of wild	7376
animals, except wild animals that the Revised Code or division	7377
rules permit to be taken, hunted, killed, or had in possession,	7378
and only at the time and place and in the manner that the Revised	7379
Code or division rules prescribe. No person shall buy, sell, or	7380
offer any part of wild animals for sale, or transport any part of	7381
wild animals, except as permitted by the Revised Code or division	7382
rules. No person shall possess or transport a wild animal that has	7383
been taken or possessed unlawfully outside the state.	7384

A person doing anything prohibited or neglecting to do	7385
anything required by this chapter or Chapter 1533. of the Revised	7386
Code or contrary to any division rule violates this section. A	7387
person who counsels, aids, shields, or harbors an offender under	7388
suchthose chapters or any division rule, or who knowingly shares	7389
in the proceeds of such a violation, or receives or possesses any	7390
wild animal in violation of the Revised Code or division rule,	7391
violates this section. No person shall use a rifle, at any time,	7392
in taking migratory game birds.	7393

Sec. 1531.04.  The division of wildlife, at the direction of	7394
the chief of the division, shall do all of the following:	7395

(A) Plan, develop, and institute programs and policies based	7396
on the best available information, including biological	7397
information derived from professionally accepted practices in	7398
wildlife and fisheries management, with the approval of the	7399
director of natural resources;	7400

(B) Have and take the general care, protection, and	7401
supervision of the wildlife in the state parks known as Lake St.	7402
Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye Lake,	7403
Guilford Lake, such part of Pymatuning reservoir as lies in this	7404
state, and all other state parks and lands owned by the state or	7405
in which it is interested or may acquire or become interested,	7406
except lands and lakes the care and supervision of which are	7407
vested in some other officer, body, board, association, or	7408
organization;	7409

(C) Enforce by proper legal action or proceeding the laws of	7410
the state and division rules for the protection, preservation,	7411
propagation, and management of wild animals and sanctuaries and	7412
refuges for the propagation of those wild animals, and adopt and	7413
carry into effect such measures as it considers necessary in the	7414
performance of its duties;	7415

(D) Promote, educate, and inform the citizens of the state	7416
about conservation and the values of fishing, hunting, and	7417
trapping, with the approval of the director.	7418

Sec. 1531.06.  (A) The chief of the division of wildlife,	7419
with the approval of the director of natural resources, may	7420
acquire by gift, lease, purchase, or otherwise lands or surface	7421
rights upon lands and waters or surface rights upon waters for	7422
wild animals, fish or game management, preservation, propagation,	7423
and protection, outdoor and nature activities, public fishing and	7424
hunting grounds, and flora and fauna preservation. The chief, with	7425
the approval of the director, may receive by grant, devise,	7426
bequest, donation, or assignment evidences of indebtedness, the	7427
proceeds of which are to be used for the purchase of such lands or	7428
surface rights upon lands and waters or surface rights upon	7429
waters.	7430

(B)(1) The chief shall adopt rules for the protection of	7431
state-owned or leased lands and waters and property under the	7432
division's control of the division of wildlife against wrongful	7433
use or occupancy that will ensure the carrying out of the intent	7434
of this section, protect those lands, waters, and property from	7435
depredations, and preserve them from molestation, spoilation,	7436
destruction, or any improper use or occupancy thereof, including	7437
rules with respect to recreational activities and for the	7438
government and use of such lands, waters, and property.	7439

(2) The chief may adopt rules benefiting wild animals, fish	7440
or game management, preservation, propagation, and protection,	7441
outdoor and nature activities, public fishing and hunting grounds,	7442
and flora and fauna preservation, and regulating the taking and	7443
possession of wild animals on any lands or waters owned or leased	7444
or under the division's supervision and control and, for a	7445
specified period of years, may prohibit or recall the taking and	7446
possession of any wild animal on any portion of such lands or	7447
waters. The division clearly shall define and mark the boundaries	7448
of the lands and waters owned or leased or under its supervision	7449
and control upon which the taking of any wild animal is	7450
prohibited.	7451

(C) The chief, with the approval of the director, may acquire	7452
by gift, lease, or purchase land for the purpose of establishing	7453
state fish hatcheries and game farms and may erect on it buildings	7454
or structures that are necessary.	7455

The title to or lease of such lands and waters shall be taken	7456
by the chief in the name of the state. The lease or purchase price	7457
of all such lands and waters may be paid from hunting and trapping	7458
and fishing licenses and any other funds.	7459

(D) To provide more public recreation, stream and lake	7460
agreements for public fishing only may be obtained under rules	7461
adopted by the chief.	7462

(E) The chief, with the approval of the director, may	7463
establish user fees for the use of special public facilities or	7464
participation in special activities on lands and waters	7465
administered by the division. The special facilities and	7466
activities may include hunting or fishing on special designated	7467
public lands and waters intensively managed or stocked with	7468
artificially propagated game birds or fish, field trial	7469
facilities, wildlife nature centers, firearm ranges, boat mooring	7470
facilities, camping sites, and other similar special facilities	7471
and activities. The chief shall determine whether the user fees	7472
are refundable and shall ensure that that information is provided	7473
at the time the user fees are paid.	7474

(F) The chief, with the approval of the director, may enter	7475
into lease agreements for rental of concessions or other special	7476
projects situated on state-owned or leased lands or waters or	7477
other property under the division's control. The chief shall set	7478
and collect the fees for concession rentals or other special	7479
projects; regulate through contracts between the division and	7480
concessionaires the sale of tangible objects at concessions or	7481
other special projects; and keep a record of all such fee payments	7482
showing the amount received, from whom received, and for what	7483
purpose the fee was collected.	7484

(G) The chief may sell or donate conservation-related items	7485
or items that promote wildlife conservation, including, but not	7486
limited to, stamps, pins, badges, books, bulletins, maps,	7487
publications, calendars, and any other educational article or	7488
artifact pertaining to wild animals; sell confiscated or forfeited	7489
items; and sell surplus structures and equipment, and timber or	7490
crops from lands owned, administered, leased, or controlled by the	7491
division.	7492

(H) The chief may sell, lease, or transfer minerals or	7493
mineral rights, with the approval of the director, when the chief	7494
and the director determine it to be in the best interest of the	7495
state. Upon approval of the director, the chief may make, execute,	7496
and deliver contracts, including leases, to mine, drill, or	7497
excavate iron ore, stone, coal, petroleum, gas, salt, and other	7498
minerals upon and under lands owned by the state and administered	7499
by the division to any person who complies with the terms of such	7500
a contract. No such contract shall be valid for more than fifty	7501
years from its effective date. Consideration for minerals and	7502
mineral rights shall be by rental or royalty basis as prescribed	7503
by the chief and payable as prescribed by contract. Moneys	7504
collected under this division shall be paid into the state	7505
treasury to the credit of the wildlife habitat fund created in	7506
section 1531.33 of the Revised Code. Contracts entered into under	7507
this division also may provide for consideration for minerals or	7508
mineral rights in the form of acquisition of lands as provided	7509
under divisions (A) and (C) of this section.	7510

(I) All moneys received under divisions (E), (F), and (G) of	7511
this section shall be paid into the state treasury to the credit	7512
of a fund that shall be used for the purposes outlined in section	7513
1533.15 of the Revised Code and for the management of other wild	7514
animals for their ecological and nonconsumptive recreational value	7515
or benefit.	7516

(J) The chief, with the approval of the director, may barter	7517
or sell wild animals to other states, state or federal agencies,	7518
and conservation or zoological organizations. Moneys received from	7519
the sale of wild animals shall be deposited into the wild animal	7520
fund created in section 1531.34 of the Revised Code.	7521

(K) The chief shall adopt rules establishing standards and	7522
guidelines for the administration of contraceptive chemicals to	7523
noncaptive wild animals. The rules may specify chemical delivery	7524
methods and devices and monitoring requirements.	7525

The chief shall establish criteria for the issuance of and	7526
shall issue permits for the administration of contraceptive	7527
chemicals to noncaptive wild animals. No person shall administer	7528
contraceptive chemicals to noncaptive wild animals without a	7529
permit issued by the chief.	7530

(L) All fees set by the chief under this section shall be	7531
approved by the wildlife council.	7532

(M) Information contained in the wildlife diversity database	7533
that is established pursuant to division (B)(2) of this section	7534
and section 1531.25 of the Revised Code may be made available to	7535
any individual or public or private agency for research,	7536
educational, environmental, land management, or other similar	7537
purposes that are not detrimental to the conservation of a species	7538
or feature. Information regarding sensitive site locations of	7539
species that are listed pursuant to section 1531.25 of the Revised	7540
Code and of features that are included in the wildlife diversity	7541
database is not subject to section 149.43 of the Revised Code if	7542
the chief determines that the release of the information could be	7543
detrimental to the conservation of a species or feature.	7544

Sec. 1531.10.  In accordance with Chapter 119. of the Revised	7545
Code, the chief of the division of wildlife shall adopt, and may	7546
amend and rescind, rules that are necessary for the administration	7547
and enforcement of this chapter and Chapter 1533. of the Revised	7548
Code. Each such rule shall be filed with the clerk of the court of	7549
common pleas of each county where the rule is effective and shall	7550
be given such additional publicity by advertising or otherwise as	7551
the chief considers necessary or expedient. As long as a rule of	7552
the division of wildlife remains in effect, a copy of it shall be	7553
included and printed in any authorized compilation of the division	7554
lawbook. All such rules shall be under the seal of the division	7555
and shall bear the signature, or a facsimile thereof, of the	7556
chief.	7557

Sec. 1531.20.  Any motor vehicle, all-terrain vehicle, or	7558
boat used in the unlawful taking or transporting of wild animals,	7559
and any net, seine, trap, ferret, gun, or other device used in the	7560
unlawful taking of wild animals, is a public nuisance. Each	7561
wildlife officer, or other officer with like authority, shall	7562
seize and safely keep such property and the illegal results of its	7563
use, and unless otherwise ordered by the chief of the division of	7564
wildlife shall instituteinitiate, within fivethirty days,	7565
proceedings in a proper court of the county for its forfeiture. A	7566
writ of replevin shall not lie to take the property from the	7567
officer's custody or from the custody or jurisdiction of the court	7568
in which the proceeding is institutedinitiated, nor shall the	7569
proceeding affect a criminal prosecution for the unlawful use or	7570
possession of the property.	7571

An action for the forfeiture of any such property shall be	7572
commencedinitiated by the filing of an affidavit describing the	7573
property seized and stating the unlawful use made of it, the time	7574
and place of seizure, and the name of the person owning or using	7575
it at the time of seizure. If the name is unknown, that fact shall	7576
be stated. Upon the filing of the affidavit, the court shall issue	7577
a summons setting forth the facts stated in the affidavit and	7578
fixing a time and place for the hearing of the complaint. A copy	7579
of the summons shall be served on the owner or person using the	7580
property at the time of its seizure, if the owner or user is	7581
known, or by leaving a copy thereof at the owner's or user's usual	7582
residence or place of business in the county, at least three days	7583
before the time fixed for the hearing of the complaint. If the	7584
owner or user is unknown or a nonresident of the county or cannot	7585
be found therein, a copy of the summons shall be posted at a	7586
suitable place nearest the place of seizure, but if the owner's or	7587
user's address is known, a copy of the summons shall be mailed to	7588
the owner or user at least three days before the time fixed for	7589
the hearing of the complaint. On the date fixed for the hearing,	7590
the officer making the service shall make a return of the time and	7591
manner of making the service. Upon the proper cause shown, the	7592
court may postpone the hearing.	7593

IfA proceeding for the forfeiture of seized property that is	7594
initiated under this section shall not progress to actual	7595
forfeiture of the seized property unless so ordered by the court.	7596
The court may order the actual forfeiture of the seized property	7597
as part of the sentence that it imposes if the owner or person	7598
unlawfully using the property at the time of its seizure is	7599
arrestedconvicted, pleads guilty, andor confesses that the	7600
property at the time of its seizure was being used by the owner or	7601
user in violation of law or division rule, no proceeding of	7602
forfeiture shall be instituted, but the court in imposing sentence	7603
shall order the. Forfeited property so seized forfeited toshall	7604
be the property of the state, to be disposed of thereafter as the	7605
chief of the division of wildlife directs.	7606

Notwithstanding any other provision of this section to the	7607
contrary, a proceeding of forfeiture shall not be instituted under	7608
this section unless the owner of the property or the person	7609
unlawfully using the property is convicted of a violation of law	7610
or division rule.	7611

Sec. 1531.27.  The chief of the division of wildlife shall	7612
pay to the treasurers of the several counties wherein lands owned	7613
by the state and administered by the division are located an	7614
annual amount determined in the following manner: in each such	7615
county one per cent of the total value of such lands exclusive of	7616
improvements, as shown on the auditor's records of taxable value	7617
of real property existing at the time when the state acquired the	7618
tract or tracts comprising the lands.	7619

The payments shall be made from funds accruing to the	7620
division from the sale of hunting or fishing licenses and from	7621
fines, penalties, restitution, and forfeitures deposited into the	7622
state treasury to the credit of the wildlife fund created in	7623
section 1531.17 of the Revised Code. The allocation of amounts to	7624
be paid from those sources shall be determined by the director of	7625
natural resources.	7626

The payments to the treasurers of the several counties shall	7627
be credited to the fund for school purposes within the school	7628
districts wherein the lands are located.	7629

Sec. 1531.99.  (A) Whoever violates section 1531.02 of the	7630
Revised Code, or any division rule, other than a rule adopted	7631
under section 1531.25 of the Revised Code, is guilty of a	7632
misdemeanor of the fourth degree.	7633

(B) Whoever violates section 1531.02 of the Revised Code	7634
concerning the taking or possession of deer or violates division	7635
(K) of section 1531.06 or section 1531.07 or 1531.29 of the	7636
Revised Code is guilty of a misdemeanor of the third degree on a	7637
first offense; on each subsequent offense, that person is guilty	7638
of a misdemeanor of the first degree.	7639

(C) Whoever violates section 1531.25 of the Revised Code is	7640
guilty of a misdemeanor of the first degree.	7641

(D) Whoever violates section 1531.02 of the Revised Code	7642
concerning the buying, selling, or offering for sale of any wild	7643
animals or parts of wild animals, the minimum value of which	7644
animals or parts, in the aggregate, is more than one thousand	7645
dollars or more as established under section 1531.201 of the	7646
Revised Code, is guilty of a felony of the fifth degree.	7647

(E) A court that imposes sentence for a violation of any	7648
section of this chapter governing the holding, taking, buying,	7649
selling, or possession of wild animals, including, without	7650
limitation, section 1531.11 of the Revised Code, shall require the	7651
person who is convicted of or pleads guilty to the offense, in	7652
addition to any fine, term of imprisonment, seizure, and	7653
forfeiture imposed, to make restitution for the minimum value of	7654
the wild animal illegally held, taken, bought, sold, or possessed	7655
as established under section 1531.201 of the Revised Code. An	7656
officer who collects moneys paid as restitution under this section	7657
shall pay those moneys to the treasurer of state who shall deposit	7658
them in the state treasury to the credit of the wildlife fund	7659
established under section 1531.17 of the Revised Code.	7660

Sec. 1533.07.  No person shall catch, kill, injure, pursue,	7661
or have in the person's possession, either dead or alive, or	7662
purchase, expose for sale, transport, or ship to a point within or	7663
without the state, or receive or deliver for transportation any	7664
bird other than a game bird, or have in the person's possession	7665
any part of the plumage, skin, or body of any bird other than a	7666
game bird, except as permitted in Chapter 1531. and this chapter	7667
of the Revised Code, or disturb or destroy the eggs, nest, or	7668
young of such a bird.	7669

This section does not prohibit the lawful taking, killing,	7670
pursuing, or possession of any game bird during the open season	7671
for the bird. Hawks or owls causing damage to domestic animals or	7672
fowl may be killed by the owner of the domestic animal or fowl	7673
while the damage is occurring. Bald or golden eagles and ospreys	7674
shall not be killed or possessed at any time, except that eagles	7675
or ospreys may be possessed for educational purposes by	7676
governmental or municipal zoological parks, museums, and	7677
scientific or educational institutions. European starlings,	7678
English sparrows, and common pigeons, other than homing pigeons,	7679
may be killed at any time and their nests or eggs may be	7680
destroyed, at any time. Blackbirds may be killed at any time when	7681
doing damage to grain or other property or when they become a	7682
nuisance.	7683

Each bird or any part thereof taken or had in possession	7684
contrary to this section constitutes a separate offense.	7685

Sec. 1533.08.  Except as otherwise provided by division rule,	7686
any person desiring to collect or possess wild animals that are	7687
protected by law or their nests or eggs for scientific study,	7688
school instruction, other educational uses, or rehabilitation	7689
shall make an annual application to the chief of the division of	7690
wildlife for a wild animal collecting permit on a form furnished	7691
by the chief. Each applicant for a wild animal collecting permit,	7692
other than an applicant desiring to rehabilitate wild animals,	7693
shall pay an annual fee of twenty-five dollars for each permit. No	7694
fee shall be charged to an applicant desiring to rehabilitate wild	7695
animals. When it appears that the application is made in good	7696
faith, theThe chief shallmay issue to the applicant a permit to	7697
take, possess, and transport at any time and in anya manner that	7698
is acceptable to the chief specimens of wild animals protected by	7699
law or their nests and eggs for scientific study, school	7700
instruction, other educational uses, or rehabilitation and under	7701
any additional rules recommended by the wildlife council. Upon the	7702
receipt of a permit, the holder may take, possess, and transport	7703
those wild animals in accordance with the permit.	7704

Each holder of a permit engaged in collecting or who	7705
possesses such wild animals shall carry the permit at all times	7706
and shall exhibit it upon demand to any wildlife officer,	7707
constable, sheriff, deputy sheriff, or policepeace officer, as	7708
defined in section 2935.01 of the Revised Code, or to the owner or	7709
person in lawful control of the land upon which the permit holder	7710
is collecting, or to any other personpossesses the wild animals.	7711
Failure to so carry or exhibit the permit constitutes an offense	7712
under this section.	7713

Each permit holder shall keep a daily record of all specimens	7714
collected or possessed under the permit and the disposition of the	7715
specimens and shall exhibit the daily record to any official of	7716
the division upon demand.	7717

Each permit shall remain in effect for one year from the date	7718
of issuance unless it is revoked sooner by the chief.	7719

All moneys received as fees for the issuance of a wild animal	7720
collecting permit shall be transmitted to the director of natural	7721
resources to be paid into the state treasury to the credit of the	7722
fund created by section 1533.15 of the Revised Code.	7723

Sec. 1533.09.  Before the firstfifteenth day of February	7724
March of each year, each wild animal collecting permit holder	7725
shall file with the division of wildlife a written report of his	7726
the permit holder's operations under the permit and the	7727
disposition of the specimens collected or possessed during the	7728
preceding calendar year on report blanks furnished by the chief of	7729
the division. Failure to file a report shall cause the permit to	7730
be forfeited as of the firstfifteenth day of FebruaryMarch.	7731
Permits are not transferable. No permit holder or person	7732
collecting or possessing wild animals under authority of such a	7733
permit shall take, possess, or transport the wild animals for any	7734
purpose not specified in the permit.	7735

Conviction of a violation of this section, failure to carry a	7736
permit and exhibit it to any person requesting to see it as	7737
provided in section 1533.08 of the Revised Code, or the violation	7738
of any other law concerning wild animals constitutes a revocation	7739
and forfeiture of the permit involved. The former permit holder	7740
shall not be entitled to another permit for a period of one year	7741
from the date of the conviction.	7742

Sec. 1533.10.  Except as provided in this section or division	7743
(A)(2) of section 1533.12 of the Revised Code, no person shall	7744
hunt any wild bird or wild quadruped without a hunting license.	7745
Each day that any person hunts within the state without procuring	7746
such a license constitutes a separate offense. Except as otherwise	7747
provided in this section, every applicant for a hunting license	7748
who is a resident of the state and eighteen years of age or more	7749
shall procure a resident hunting license or an apprentice resident	7750
hunting license, the fee for which shall be eighteen dollars,	7751
unless the rules adopted under division (B) of section 1533.12 of	7752
the Revised Code provide for issuance of a resident hunting	7753
license to the applicant free of charge. Except as provided in	7754
rules adopted under division (B)(2) of that section, each	7755
applicant who is a resident of this state and who at the time of	7756
application is sixty-six years of age or older shall procure a	7757
special senior hunting license, the fee for which shall be	7758
one-half of the regular hunting license fee. Every applicant who	7759
is under the age of eighteen years shall procure a special youth	7760
hunting license or an apprentice youth hunting license, the fee	7761
for which shall be one-half of the regular hunting license fee.	7762
The owner of lands in the state and the owner's children of any	7763
age and grandchildren under eighteen years of age may hunt on the	7764
lands without a hunting license. The tenant and children of the	7765
tenant, residing on lands in the state, may hunt on them without a	7766
hunting license. Except as otherwise provided in division (A)(1)	7767
of section 1533.12 of the Revised Code, every applicant for a	7768
hunting license who is a nonresident of the state and who is	7769
eighteen years of age or older shall procure a nonresident hunting	7770
license or an apprentice nonresident hunting license, the fee for	7771
which shall be one hundred twenty-four dollars, unless the	7772
applicant is a resident of a state that is a party to an agreement	7773
under section 1533.91 of the Revised Code, in which case the fee	7774
shall be eighteen dollars. Apprentice resident hunting licenses,	7775
apprentice youth hunting licenses, and apprentice nonresident	7776
hunting licenses are subject to the requirements established under	7777
section 1533.102 of the Revised Code and rules adopted pursuant to	7778
it.	7779

The chief of the division of wildlife may issue a small game	7780
hunting license expiring three days from the effective date of the	7781
license to a nonresident of the state, the fee for which shall be	7782
thirty-nine dollars. No person shall take or possess deer, wild	7783
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	7784
animal while possessing only a small game hunting license. A	7785
small game hunting license or an apprentice nonresident hunting	7786
license does not authorize the taking or possessing of ducks,	7787
geese, or brant without having obtained, in addition to the small	7788
game hunting license or the apprentice nonresident hunting	7789
license, a wetlands habitat stamp as provided in section 1533.112	7790
of the Revised Code. A small game hunting license or an	7791
apprentice nonresident hunting license does not authorize the	7792
taking or possessing of deer, wild turkeys, or fur-bearing	7793
animals. A nonresident of the state who wishes to take or possess	7794
deer, wild turkeys, or fur-bearing animals in this state shall	7795
procure, respectively, a special deer or wild turkey permit as	7796
provided in section 1533.11 of the Revised Code or a fur taker	7797
permit as provided in section 1533.111 of the Revised Code in	7798
addition to a nonresident hunting license, an apprentice	7799
nonresident hunting license, a special youth hunting license, or	7800
an apprentice youth hunting license, as applicable, as provided in	7801
this section.	7802

No person shall procure or attempt to procure a hunting	7803
license by fraud, deceit, misrepresentation, or any false	7804
statement.	7805

This section does not authorize the taking and possessing of	7806
deer or wild turkeys without first having obtained, in addition to	7807
the hunting license required by this section, a special deer or	7808
wild turkey permit as provided in section 1533.11 of the Revised	7809
Code or the taking and possessing of ducks, geese, or brant	7810
without first having obtained, in addition to the hunting license	7811
required by this section, a wetlands habitat stamp as provided in	7812
section 1533.112 of the Revised Code.	7813

This section does not authorize the hunting or trapping of	7814
fur-bearing animals without first having obtained, in addition to	7815
a hunting license required by this section, a fur taker permit as	7816
provided in section 1533.111 of the Revised Code.	7817

No hunting license shall be issued unless it is accompanied	7818
by a written explanation of the law in section 1533.17 of the	7819
Revised Code and the penalty for its violation, including a	7820
description of terms of imprisonment and fines that may be	7821
imposed.	7822

No hunting license, other than an apprentice hunting license,	7823
shall be issued unless the applicant presents to the agent	7824
authorized to issue the license a previously held hunting license	7825
or evidence of having held such a license in content and manner	7826
approved by the chief, a certificate of completion issued upon	7827
completion of a hunter education and conservation course approved	7828
by the chief, or evidence of equivalent training in content and	7829
manner approved by the chief. A previously held apprentice hunting	7830
license does not satisfy the requirement concerning the	7831
presentation of a previously held hunting license or evidence of	7832
it.	7833

No person shall issue a hunting license, except an apprentice	7834
hunting license, to any person who fails to present the evidence	7835
required by this section. No person shall purchase or obtain a	7836
hunting license, other than an apprentice hunting license, without	7837
presenting to the issuing agent the evidence required by this	7838
section. Issuance of a hunting license in violation of the	7839
requirements of this section is an offense by both the purchaser	7840
of the illegally obtained hunting license and the clerk or agent	7841
who issued the hunting license. Any hunting license issued in	7842
violation of this section is void.	7843

The chief, with approval of the wildlife council, shall adopt	7844
rules prescribing a hunter education and conservation course for	7845
first-time hunting license buyers, other than buyers of apprentice	7846
hunting licenses, and for volunteer instructors. The course shall	7847
consist of subjects including, but not limited to, hunter safety	7848
and health, use of hunting implements, hunting tradition and	7849
ethics, the hunter and conservation, the law in section 1533.17 of	7850
the Revised Code along with the penalty for its violation,	7851
including a description of terms of imprisonment and fines that	7852
may be imposed, and other law relating to hunting. Authorized	7853
personnel of the division or volunteer instructors approved by the	7854
chief shall conduct such courses with such frequency and at such	7855
locations throughout the state as to reasonably meet the needs of	7856
license applicants. The chief shall issue a certificate of	7857
completion to each person who successfully completes the course	7858
and passes an examination prescribed by the chief.	7859

Sec. 1533.11.  (A) Except as provided in this section, no	7860
person shall hunt deer on lands of another without first obtaining	7861
an annual special deer permit. Except as provided in this section,	7862
no person shall hunt wild turkeys on lands of another without	7863
first obtaining an annual special wild turkey permit. Each	7864
applicant for a special deer or wild turkey permit shall pay an	7865
annual fee of twenty-three dollars for each permit unless the	7866
rules adopted under division (B) of section 1533.12 of the Revised	7867
Code provide for issuance of a deer or wild turkey permit to the	7868
applicant free of charge. Except as provided in rules adopted	7869
under division (B)(2) of that section, each applicant who is a	7870
resident of this state and who at the time of application is	7871
sixty-six years of age or older shall procure a special senior	7872
deer or wild turkey permit, the fee for which shall be one-half of	7873
the regular special deer or wild turkey permit fee. Each applicant	7874
who is under the age of eighteen years shall procure a special	7875
youth deer or wild turkey permit, the fee for which shall be	7876
one-half of the regular special deer or wild turkey permit fee.	7877
Except as provided in division (A)(2) of section 1533.12 of the	7878
Revised Code, a deer or wild turkey permit shall run concurrently	7879
with the hunting license. The money received shall be paid into	7880
the state treasury to the credit of the wildlife fund, created in	7881
section 1531.17 of the Revised Code, exclusively for the use of	7882
the division of wildlife in the acquisition and development of	7883
land for deer or wild turkey management, for investigating deer or	7884
wild turkey problems, and for the stocking, management, and	7885
protection of deer or wild turkey. Every person, while hunting	7886
deer or wild turkey on lands of another, shall carry the person's	7887
special deer or wild turkey permit and exhibit it to any	7888
enforcement officer so requesting. Failure to so carry and exhibit	7889
such a permit constitutes an offense under this section. The chief	7890
of the division of wildlife shall adopt any additional rules the	7891
chief considers necessary to carry out this section and section	7892
1533.10 of the Revised Code.	7893

The owner and the children of the owner of lands in this	7894
state may hunt deer or wild turkey thereon without a special deer	7895
or wild turkey permit. The tenant and children of the tenant may	7896
hunt deer or wild turkey on lands where they reside without a	7897
special deer or wild turkey permit.	7898

(B) A special deer or wild turkey permit is not transferable.	7899
No person shall carry a special deer or wild turkey permit issued	7900
in the name of another person.	7901

(C) The wildlife refunds fund is hereby created in the state	7902
treasury. The fund shall consist of money received from	7903
application fees for special deer permits that are not issued.	7904
Money in the fund shall be used to make refunds of such	7905
application fees.	7906

Sec. 1533.12.  (A)(1) Except as otherwise provided in	7907
division (A)(2) of this section, every person on active duty in	7908
the armed forces of the United States who is stationed in this	7909
state and who wishes to engage in an activity for which a license,	7910
permit, or stamp is required under this chapter first shall obtain	7911
the requisite license, permit, or stamp. Such a person is eligible	7912
to obtain a resident hunting or fishing license regardless of	7913
whether the person qualifies as a resident of this state. To	7914
obtain a resident hunting or fishing license, the person shall	7915
present a card or other evidence identifying the person as being	7916
on active duty in the armed forces of the United States and as	7917
being stationed in this state.	7918

(2) Every person on active duty in the armed forces of the	7919
United States, while on leave or furlough, may take or catch fish	7920
of the kind lawfully permitted to be taken or caught within the	7921
state, may hunt any wild bird or wild quadruped lawfully permitted	7922
to be hunted within the state, and may trap fur-bearing animals	7923
lawfully permitted to be trapped within the state, without	7924
procuring a fishing license, a hunting license, a fur taker	7925
permit, or a wetlands habitat stamp required by this chapter,	7926
provided that the person shall carry on the person when fishing,	7927
hunting, or trapping, a card or other evidence identifying the	7928
person as being on active duty in the armed forces of the United	7929
States, and provided that the person is not otherwise violating	7930
any of the hunting, fishing, and trapping laws of this state.	7931

In order to hunt deer or wild turkey, any such person shall	7932
obtain a special deer or wild turkey permit, as applicable, under	7933
section 1533.11 of the Revised Code. However, the person need not	7934
obtain a hunting license in order to obtain such a permit.	7935

(B) The chief of the division of wildlife shall provide by	7936
rule adopted under section 1531.10 of the Revised Code all of the	7937
following:	7938

(1) Every resident of this state with a disability that has	7939
been determined by the veterans administration to be permanently	7940
and totally disabling, who receives a pension or compensation from	7941
the veterans administration, and who received an honorable	7942
discharge from the armed forces of the United States, and every	7943
veteran to whom the registrar of motor vehicles has issued a set	7944
of license plates under section 4503.41 of the Revised Code, shall	7945
be issued an annuala fishing license, hunting license, fur taker	7946
permit, deer or wild turkey permit, or wetlands habitat stamp, or	7947
any combination of those licenses, permits, and stamp, free of	7948
charge on an annual, multi-year, or lifetime basis as determined	7949
appropriate by the chief when application is made to the chief in	7950
the manner prescribed by and on forms provided by the chief.	7951

(2) Every resident of the state who was born on or before	7952
December 31, 1937, shall be issued an annual fishing license,	7953
hunting license, fur taker permit, deer or wild turkey permit, or	7954
wetlands habitat stamp, or any combination of those licenses,	7955
permits, and stamp, free of charge when application is made to the	7956
chief in the manner prescribed by and on forms provided by the	7957
chief.	7958

(3) Every resident of state or county institutions,	7959
charitable institutions, and military homes in this state shall be	7960
issued an annual fishing license free of charge when application	7961
is made to the chief in the manner prescribed by and on forms	7962
provided by the chief.	7963

(4) Any mobility impaired or blind person, as defined in	7964
section 955.011 of the Revised Code, who is a resident of this	7965
state and who is unable to engage in fishing without the	7966
assistance of another person shall be issued an annual fishing	7967
license free of charge when application is made to the chief in	7968
the manner prescribed by and on forms provided by the chief. The	7969
person who is assisting the mobility impaired or blind person may	7970
assist in taking or catching fish of the kind permitted to be	7971
taken or caught without procuring the license required under	7972
section 1533.32 of the Revised Code, provided that only one line	7973
is used by both persons.	7974

(5) As used in division (B)(5) of this section, "prisoner of	7975
war" means any regularly appointed, enrolled, enlisted, or	7976
inducted member of the military forces of the United States who	7977
was captured, separated, and incarcerated by an enemy of the	7978
United States.	7979

Any person who has been a prisoner of war, was honorably	7980
discharged from the military forces, and is a resident of this	7981
state shall be issued an annuala fishing license, hunting	7982
license, fur taker permit, or wetlands habitat stamp, or any	7983
combination of those licenses, permits, and stamp, free of charge	7984
on an annual, multi-year, or lifetime basis as determined	7985
appropriate by the chief when application is made to the chief in	7986
the manner prescribed by and on forms provided by the chief.	7987

(C) The chief shall adopt rules pursuant to section 1531.08	7988
of the Revised Code designating not more than two days, which need	7989
not be consecutive, in each year as "free sport fishing days" on	7990
which any resident may exercise the privileges accorded the holder	7991
of a fishing license issued under section 1533.32 of the Revised	7992
Code without procuring such a license, provided that the person is	7993
not otherwise violating any of the fishing laws of this state.	7994

Sec. 1533.131.  The chief of the division of wildlife may	7995
sell gift certificates that may be used to obtain hunting and	7996
fishing licenses, fur taker, special deer, and special wild turkey	7997
permits, and wetlands habitat stamps. For the purposes of this	7998
section, the chief shall adopt rules in accordance with section	7999
1531.10 of the Revised Code doing all of the following:	8000

(A) Providing that a gift certificate may be used to obtain a	8001
resident or nonresident hunting license under section 1533.10 of	8002
the Revised Code, a resident or nonresident fishing license under	8003
section 1533.32 of the Revised Code, a fur taker permit under	8004
section 1533.111 of the Revised Code, a special deer or wild	8005
turkey permit under section 1533.11 of the Revised Code, a	8006
wetlands habitat stamp under section 1533.112 of the Revised Code,	8007
or a combination of those licenses, permits, and stamps;	8008

(B) Prescribing the form for the gift certificates;

8009

(C) Authorizing persons who are designated and authorized	8010
under section 1533.13 of the Revised Code to sell licenses and	8011
permits under this chapter also to sell gift certificates under	8012
this section;	8013

(D) Establishing fees for the gift certificates, which shall	8014
equal the total of the fee for a resident or nonresident hunting	8015
license, a resident or nonresident fishing license, a fur taker	8016
permit, a special deer or wild turkey permit, a wetlands habitat	8017
stamp, or a combination of those licenses, permits, and stamps	8018
stamp, as applicable, and the fee established under section	8019
1533.13 of the Revised Code;	8020

(E) Requiring gift certificates to expire one year after the	8021
date of purchase.	8022

Nothing in this section or rules adopted under it relieves an	8023
individual who receives a gift certificate for a hunting license	8024
from complying with the requirement established under section	8025
1533.10 of the Revised Code to present, when applying for the	8026
license, a previously held hunting license or evidence of having	8027
held such a license in content and manner approved by the chief, a	8028
certificate of completion issued upon completion of a hunter	8029
education and conservation course approved by the chief, or	8030
evidence of equivalent training in content and manner approved by	8031
the chief.	8032

Nothing in this section or rules adopted under it relieves an	8033
individual who receives a gift certificate for a fur taker permit	8034
from complying with the requirements established under section	8035
1533.111 of the Revised Code to present, when applying for the	8036
permit, a previously held hunting license or trapping or fur taker	8037
permit or evidence of having held such a license or permit in	8038
content and manner approved by the chief, a certificate of	8039
completion issued upon completion of a trapper education course	8040
approved by the chief, or evidence of equivalent training in	8041
content and manner approved by the chief.	8042

Sec. 1533.171.  (A) No person, in the act of hunting,	8043
pursuing, taking, or killing a wild animal, shall act in a	8044
negligent, careless, or reckless manner so as to injure persons or	8045
property.	8046

(B) The court before whom any person is convicted of or	8047
pleads guilty to a violation of division (A) of this section shall	8048
report that fact, together with the violator's name and address,	8049
to the chief of the division of wildlife not later than ten days	8050
after the date of conviction or plea.	8051

(C) Not later than seven days after receiving a notification	8052
under division (B) of this section, the chief shall revoke, for	8053
not less than one year nor more than five years, each hunting	8054
license, fur taker permit, special deer permit, special wild	8055
turkey permit, and wetlands habitat stamp issued to that person	8056
under this chapter. No fee paid for such a license, permit, or	8057
stamp shall be returned to the person.	8058

Upon revoking a license, permit, or stamp, or a combination	8059
thereof, under this division, the chief immediately shall send a	8060
notice of that action by certified mail to the last known address	8061
of the person. The notice shall state the action taken, order the	8062
person to surrender the revoked license, permit, or stamp, or	8063
combination thereof, and state that the department of natural	8064
resources will not afford a hearing as required under section	8065
119.06 of the Revised Code.	8066

(D) If, after receiving a notice under division (C) of this	8067
section, the person decides to petition for a review of the	8068
revocation, the person shall file a petition for such a review not	8069
later than thirty days after receiving the notice in the municipal	8070
court or the county court, or, if the person is under eighteen	8071
years of age, the juvenile court, in whose jurisdiction the	8072
violation occurred. The review shall be limited to the question of	8073
the appropriateness of the period of revocation. The court shall	8074
send a copy of the petition to the chief by certified mail	8075
together with timely notice of the date, time, and place of a	8076
hearing on the petition. The filing of a petition for a review	8077
shall not stay the revocation during the pendency of the appeal.	8078

(E) No person whose license, permit, or stamp, or a	8079
combination thereof, has been revoked under this section shall	8080
attempt to purchase, purchase, apply for, or receive any hunting	8081
license, fur taker permit, special deer permit, special wild	8082
turkey permit, or wetlands habitat stamp issued under this chapter	8083
or engage in hunting during the time any such license, permit, or	8084
stamp, or a combination thereof, is revoked.	8085

Sec. 1533.42.  Except as otherwise provided by division rule,	8086
every licensee taking fish with commercial fishing gear, except a	8087
trotline of seventy hooks or less, in any of the waters mentioned	8088
in this chapter and Chapter 1531. and this chapter of the Revised	8089
Code or division rule, shall keep accurate reports for each day's	8090
catch upon forms provided, and in the manner prescribed, by the	8091
chief of the division of wildlife.	8092

Every commercial fishing licensee shall keep an accurate	8093
record of each day's catch as prescribed upon a monthly report	8094
form. The report shall include at least the number of pounds of	8095
each kind of fish taken, the locality fished, the kind and amount	8096
of fishing gear lifted, the number of fishing nights, the number	8097
of lifts, and any other data the biologists employed by the	8098
division of wildlife require in following the trend of the	8099
fisheries. The licensee shall report each month, under oath when	8100
requested to do so, those data to the chief.	8101

The daily catch data shall be recorded accurately on the	8102
respective date upon a report form approved by the chief no later	8103
than twelve noon on the day following the day in which the fish	8104
were taken. The monthly report and any other report required	8105
pursuant to this section shall be submitted to the division no	8106
later than the fifteenth day of the month following the end of the	8107
calendar month in which the fish were taken.	8108

A licensee shall contact the chief or the chief's designee	8109
when the licensee is in transit to the licensee's trap nets to	8110
lift, move, pull, remove, clean, or maintain the trap nets for any	8111
reason and also shall contact the chief or the chief's designee	8112
when returning to land with a daily catch of fish from a trap net	8113
indicating the licensee's estimated time of arrival at a specific	8114
port and any other information required by the chief. The licensee	8115
shall contact the chief or the chief's designee by using a	8116
cellular telephone, radio, or other communication device in a	8117
manner prescribed by the chief.	8118

No person shall fail to comply with any report procedure	8119
provided for in this section, other provisions of this section, or	8120
division rule adopted pursuant thereto.	8121

In addition to other penalties provided in the Revised Code,	8122
the license of any person who is convicted of two violations of	8123
this section that occurred within a twelve-month period is	8124
suspended upon the second such conviction by operation of law for	8125
a period of sixty fishing season days immediately following that	8126
conviction.	8127

In addition to other penalties provided in the Revised Code,	8128
the license of any person who is convicted of three or more	8129
violations of this section that occurred within a twelve-month	8130
period is suspended upon the third or subsequent such conviction	8131
by operation of law for a period of eighteen fishing season months	8132
immediately following that conviction.	8133

During any period of suspension, no person shall use or	8134
engage in fishing with commercial gear owned, used, or controlled	8135
at the time of conviction by the licensee whose license has been	8136
suspended.	8137

Sec. 1533.632.  (A) As used in this section:

8138

(1) "Aquaculture" means a form of agriculture that involves	8139
the propagation and rearing of aquatic species in controlled	8140
environments under private control, including, but not limited to,	8141
for the purpose of sale for consumption as food.	8142

(2) "Aquaculture species" means any aquatic species that may	8143
be raised through aquaculture that is either a class A aquaculture	8144
species or a class B aquaculture species.	8145

(3) "Class A aquaculture species" includes all of the	8146
following:	8147

(a) Trout and salmon (Onchorhynchus sp., Salmo sp.,	8148
Salvelinus sp.);	8149

(b) Walleye (Stizostedion vitreum);

8150

(c) Sauger (Stizostedion canadense);

8151

(d) Bluegill (Lepomis machrochirus);

8152

(e) Redear sunfish (Lepomis microlophus);

8153

(f) Green sunfish (Lepomis cyanellus);

8154

(g) White crappie (Pomoxis annularis);

8155

(h) Black crappie (Pomoxis nigromaculatus);

8156

(i) Blue catfish (Ictalurus furcatus);

8157

(j) Any species added by rule under division (B) of this	8158
section or listed as commercial fish under section 1531.01 of the	8159
Revised Code except white perch (Morone americana)any species	8160
designated as such by the chief of the division of wildlife in	8161
rules adopted under division (B) of this section.	8162

(4) "Class B aquaculture species" includes any species,	8163
except for class A aquaculture species, designated as such by the	8164
chief of the division of wildlifein rules adopted under division	8165
(B) of this section.	8166

(5) "Aquaculture production facility" means a facility used	8167
for aquaculturethat has suitable infrastructure and equipment, as	8168
determined by the chief, and that is solely dedicated to the	8169
propagation and rearing of an aquaculture species.	8170

(6) "Suitable infrastructure" includes ponds, raceways, and	8171
tanks.	8172

(B) The chief, in accordance with Chapter 119. of the Revised	8173
Code, shall adopt rules for the regulation of aquaculture and may	8174
issue permits to persons wishing to engage in aquaculture for the	8175
production of aquaculture species. Rules adopted under this	8176
section shall ensure the protection and preservation of the	8177
wildlife and natural resources of this state. The legal length and	8178
weight limitations established under section 1533.63 of the	8179
Revised Code do not apply to class A or class B aquaculture	8180
species.	8181

A permit may be issued upon application to any person who	8182
satisfies the chief that the person has suitable equipment, of	8183
which the person is the owner or lessee, to engage in aquaculture	8184
for a given aquaculture species or group ofowns or leases an	8185
aquaculture speciesproduction facility. Each permit shall be in	8186
such form as the chief prescribes. The permits shall be classified	8187
as either class A or class B. A class A permit shall be required	8188
for all class A aquaculture species that are specified in this	8189
section or designated by rule as a class A aquaculture species.	8190
Class B permits shall be issued on a case-by-case basis. In	8191
determining whether to issue a class B permit, the chief shall	8192
take into account the species for which the class B permit is	8193
requested, the location of the aquaculture production facility,	8194
and any other information determined by the chief to be necessary	8195
to protect the wildlife and natural resources of this state. The	8196
annual fee for a class A permit shall be fifty dollars unless	8197
otherwise provided by rule by the chief. The annual fee for a	8198
class B permit shall be set by the chief at a level between one	8199
hundred and five hundred dollars. In determining the fee to be	8200
charged for a class B permit, the chief shall take into account	8201
the additional costs to the division for the inspection of	8202
aquaculture facilities used to raise a given class B aquaculture	8203
species.	8204

The chief may revoke a permit upon a determination that the	8205
person to whom the permit was issued has violated any rule adopted	8206
under this section. The permit shall be reissued upon a showing by	8207
the person that the person is in compliance with the rules adopted	8208
under this section. A holder of an aquaculture permit may receive	8209
a permit issued under section 1533.301 or 1533.40 of the Revised	8210
Code without payment of the fee for that permit if the conditions	8211
for the issuance of the permit have been met.	8212

(C) No person shall knowingly sell any aquatic species under	8213
an aquaculture permit issued under this section that was not	8214
raised in an aquaculture production facility. In addition to any	8215
other penalties prescribed for violation of this division, the	8216
chief may revoke the permit of any person convicted of a violation	8217
of this division for any period of time the chief considers	8218
necessary.	8219

(D) No person who does not hold a current valid aquaculture	8220
permit shall knowingly sell an aquaculture species while claiming	8221
to possess an aquaculture permit.	8222

Sec. 1533.68.  If a person is convicted of a violation of any	8223
law relative to the taking, possession, protection, preservation,	8224
or propagation of wild animals, or a violation of division (C) of	8225
section 2909.08 of the Revised Code while hunting, or is convicted	8226
of a violation of any rule of the division of wildlife, the court	8227
or magistrate before whom the conviction is had, as an additional	8228
part of the penalty in each case, shallmay suspend or revoke each	8229
license or permit issued to the person in accordance with any	8230
section of the Revised Code pertaining to the hunting, fishing,	8231
trapping, breeding, and sale of wild animals or the sale of their	8232
hides, skins, or pelts. No fee paid for such a license or permit	8233
shall be returned to the person.	8234

No person having a license or permit suspended or revoked as	8235
provided in this section, in the event of a hunting or trapping	8236
violation, shall engage in hunting or trapping, in the event of a	8237
violation of division (C) of section 2909.08 of the Revised Code	8238
while hunting, shall engage in hunting, or in the event of a	8239
fishing violation, shall engage in fishing, or purchase, apply	8240
for, or receive any such license or permit for the following	8241
periods of time, as applicable:	8242

(A) Three years after the date of conviction if the person is	8243
convicted of taking or possessing a deer in violation of section	8244
1531.02 of the Revised Code;	8245

(B) Not more than three years after the date of conviction if	8246
the person is convicted of taking or possessing any other wild	8247
animal in violation of section 1531.02 of the Revised Code, is	8248
convicted of a misdemeanor violation of division (C) of section	8249
2909.08 of the Revised Code while hunting, or is convicted of a	8250
second or subsequent violation of section 1533.17 of the Revised	8251
Code within a period of three consecutive years after the date of	8252
conviction of the immediately preceding violation of that section;	8253

(C) Not more than five years after the date of conviction if	8254
the person is convicted of violating section 1533.171 or of taking	8255
or possessing an eagle or osprey in violation of section 1533.07	8256
of the Revised Code or is convicted of a felony violation of	8257
division (C) of section 2909.08 of the Revised Code while hunting;	8258

(D) Not more than five years after the date of conviction if	8259
the person is convicted of violating any section of this chapter	8260
or Chapter 1531. of the Revised Code not specified in division	8261
(A), (B), or (C) of this section.	8262

All licenses and permits suspended or revoked as provided in	8263
this section shall be taken up by the magistrate and sent to the	8264
department of natural resources where they shall be filed with a	8265
record of the arrest until the person who held the suspended or	8266
revoked license or permit is lawfully entitled to obtain another	8267
license or permit.	8268

Sec. 1533.86.  As used in sections 1533.86 to 1533.90 of the	8269
Revised Code:	8270

(A) "Ginseng" means the plant Panax quinquefolius L., also	8271
known as Panax quinquefolium L., commonly known as American	8272
ginseng.	8273

(B) "Wild ginseng" means ginseng that grows in an	8274
uncultivated state and in its natural habitat whether the plant	8275
occurs naturally from that habitat or was introduced or increased	8276
in abundance by sowing ginseng seed or transplanting ginseng	8277
plants from other areas and performing no other cultivation	8278
practices.	8279

(C) "Cultivated ginseng" means ginseng that grows or has been	8280
grown in tilled beds under the shade of artificial structures or	8281
natural shade and is cultivated according to standard ginseng	8282
horticultural practices.	8283

(D) "Harvest" means to cut, pick, dig, root up, gather, or	8284
otherwise collect ginseng.	8285

(E) "Person" includes any legal entity defined as a person	8286
under section 1.596111.01 of the Revised Code and any political	8287
subdivision, instrumentality, or agency of this state, another	8288
state, or the United States.	8289

(F) "Collector" means a person who harvests ginseng.

8290

(G) "Grower" means a person who grows cultivated ginseng.

8291

(H) "Dealer" means a person who buys or otherwise acquires or	8292
conveys ginseng for resale.	8293

(I) "Buy" includes trade or barter.

8294

(J) "Sell" includes trade or barter.

8295

Sec. 1533.882.  No person shall do any of the following:

8296

(A) Without written authorization from the chief of the	8297
division of wildlife, harvest wild ginseng except during the	8298
harvesting season as established by rule adopted pursuant to	8299
section 1533.88 of the Revised Code;	8300

(B) Without first obtaining written permission from the	8301
person entitled to the ginseng, willfully destroy, injure, or	8302
harvest ginseng that is the property of that person;	8303

(C) Attempt to harvest ginseng in a manner that, if	8304
harvested, would constitute a violation of division (A) or (B) of	8305
this section;	8306

(D) Ship or otherwise transport out of state ginseng that has	8307
not been certified in accordance with rules adopted pursuant to	8308
division (B) of section 1533.88 of the Revised Code;	8309

(D)(E) Except during the buying season as established by rule	8310
adopted pursuant to section 1533.88 of the Revised Code, buy,	8311
otherwise acquire, or sell uncertified ginseng;	8312

(E)(F) Fail to keep records as established by rule adopted	8313
pursuant to section 1533.88 of the Revised Code;	8314

(F)(G) Possess ginseng from another state without a	8315
certificate of legal taking issued by that state under its ginseng	8316
management program;	8317

(G)(H) Knowingly provide incorrect or false information on or	8318
in any permit application, report, export certificate, or other	8319
document required by rules adopted pursuant to section 1533.88 of	8320
the Revised Code;	8321

(H)(I) Violate any provision of sections 1533.86 to 1533.90	8322
of the Revised Code or rules adopted pursuant to section 1533.88	8323
of the Revised Code.	8324

Sec. 1533.99.  (A) Whoever violates section 1533.17 of the	8325
Revised Code is guilty of a misdemeanor of the third degree on a	8326
first offense and a misdemeanor of the second degree on each	8327
subsequent offense. In addition to any other sanction imposed	8328
under this division, on a second or subsequent offense occurring	8329
within a period of three consecutive years after the date of	8330
conviction of the immediately preceding violation of that section	8331
any firearms or other hunting implements in the possession or	8332
under the control of the offender at the time of the violation are	8333
subject to seizure in accordance with section 1531.20 of the	8334
Revised Code. If the offender persists in the offense after	8335
reasonable warning or request to desist, the offender is guilty of	8336
a misdemeanor of the second degree.	8337

(B) Whoever violates section 1533.161, 1533.23, 1533.24,	8338
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55,	8339
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72,	8340
1533.73, 1533.74, 1533.75, 1533.76, 1533.77, 1533.78, 1533.79, or	8341
1533.80, division (F) of section 1533.731, or division (B) or (C)	8342
of section 1533.97 of the Revised Code is guilty of a misdemeanor	8343
of the third degree.	8344

(C) Whoever violates division (B) of section 1533.03, section	8345
1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 1533.42,	8346
1533.51, 1533.63, 1533.64, 1533.67, 1533.68, 1533.721, 1533.881,	8347
or 1533.882, division (B)(2) or (3) of section 1533.731, or	8348
division (A) of section 1533.97 of the Revised Code is guilty of a	8349
misdemeanor of the first degree.	8350

(D) Whoever violates division (D) of section 1533.97 of the	8351
Revised Code is guilty of a misdemeanor of the fourth degree. The	8352
court shall require any person who is convicted of or pleads	8353
guilty to the offense to refund to all participants in the fishing	8354
tournament operated by the person any entry fees paid by the	8355
participants.	8356

(E) Whoever violates division (C) or (D) of section 1533.632	8357
of the Revised Code is guilty of a felony of the fifth degree.	8358

(F) Whoever violates any section of this chapter for which no	8359
penalty is otherwise provided is guilty of a misdemeanor of the	8360
fourth degree.	8361

(G) A court that imposes sentence for a violation of any	8362
section of this chapter governing the holding, taking, or	8363
possession of wild animals shall require the person who is	8364
convicted of or pleads guilty to the offense, in addition to any	8365
fine, term of imprisonment, seizure, and forfeiture imposed, to	8366
make restitution for the minimum value of the wild animal or	8367
animals illegally held, taken, or possessed as established under	8368
section 1531.201 of the Revised Code. An officer who collects	8369
moneys paid as restitution under this section shall pay those	8370
moneys to the treasurer of state who shall deposit them in the	8371
state treasury to the credit of the wildlife fund established	8372
under section 1531.17 of the Revised Code.	8373

Sec. 1541.03.  All lands and waters dedicated and set apart	8374
for state park purposes shall be under the control and management	8375
of the division of parks and recreation, which shall protect,	8376
maintain, and keep them in repair. The division shall have the	8377
following powers over all such lands and waters:	8378

(A) To make alterations and improvements;

8379

(B) To construct and maintain dikes, wharves, landings,	8380
docks, dams, and other works;	8381

(C) To construct and maintain roads and drives in, around,	8382
upon, and to the lands and waters to make them conveniently	8383
accessible and useful to the public;	8384

(D) Except as otherwise provided in this section, to adopt,	8385
amend, and rescind, in accordance with Chapter 119. of the Revised	8386
Code, rules necessary for the proper management of state parks,	8387
bodies of water, and the lands adjacent to them under its	8388
jurisdiction and control, including the following:	8389

(1) Governing opening and closing times and dates of the	8390
parks;	8391

(2) Establishing fees and charges for use of facilities in	8392
state parks;	8393

(3) Governing camps, camping, and fees for camps and camping;

8394

(4) Governing the application for and rental of, rental fees	8395
for, and the use of cabinscottages;	8396

(5) Relating to public use of state park lands, and governing	8397
the operation of motor vehicles, including speeds, and parking on	8398
those lands;	8399

(6) Governing all advertising within state parks and the	8400
requirements for the operation of places selling tangible personal	8401
property and control of food service sales on lands and waters	8402
under the control of the division, which rules shall establish	8403
uniform requirements;	8404

(7) Providing uniform standards relating to the size, type,	8405
location, construction, and maintenance of structures and devices	8406
used for fishing or moorage of watercraft, rowboats, sailboats,	8407
and powercraft, as those terms are defined in section 1547.01 of	8408
the Revised Code, over waters under the control of the division	8409
and establishing reasonable fees for the construction of and	8410
annual use permits for those structures and devices;	8411

(8) Governing state beaches, swimming, inflatable devices,	8412
and fees for them;	8413

(9) Governing the removal and disposition of any watercraft,	8414
rowboat, sailboat, or powercraft, as those terms are defined in	8415
section 1547.01 of the Revised Code, left unattended for more than	8416
seven days on any lands or waters under the control of the	8417
division;	8418

(10) Governing the establishment and collection of check	8419
collection charges for checks that are returned to the division or	8420
dishonored for any reason.	8421

The division shall adopt rules under this section	8422
establishing a discount program for all persons who are issued a	8423
golden buckeye card under section 173.06 of the Revised Code. The	8424
discount program shall provide a discount for all park services	8425
and rentals, but shall not provide a discount for the purchase of	8426
merchandise.	8427

The division shall not adopt rules establishing fees or	8428
charges for parking a motor vehicle in a state park or for	8429
admission to a state park.	8430

Every resident of this state with a disability that has been	8431
determined by the veterans administration to be permanently and	8432
totally disabling, who receives a pension or compensation from the	8433
veterans administration, and who received an honorable discharge	8434
from the armed forces of the United States, and every veteran to	8435
whom the registrar of motor vehicles has issued a set of license	8436
plates under section 4503.41 of the Revised Code, shall be exempt	8437
from the fees for camping, provided that the resident or veteran	8438
carries in the state park such evidence of the resident's or	8439
veteran's disability as the chief of the division of parks and	8440
recreation prescribes by rule.	8441

Unless otherwise provided by division rule, every resident of	8442
this state who is sixty-five years of age or older or who is	8443
permanently and totally disabled and who furnishes evidence of	8444
that age or disability in a manner prescribed by division rule	8445
shall be charged one-half of the regular fee for camping, except	8446
on the weekends and holidays designated by the division, and shall	8447
not be charged more than ninety per cent of the regular charges	8448
for state recreational facilities, equipment, services, and food	8449
service operations utilized by the person at any time of year,	8450
whether maintained or operated by the state or leased for	8451
operation by another entity.	8452

As used in this section, "food service operations" means	8453
restaurants that are owned by the department of natural resources	8454
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state	8455
parks or are part of a state park lodge. "Food service	8456
operations" does not include automatic vending machines,	8457
concession stands, or snack bars.	8458

As used in this section, "prisoner of war" means any	8459
regularly appointed, enrolled, enlisted, or inducted member of the	8460
military forces of the United States who was captured, separated,	8461
and incarcerated by an enemy of the United States. Any person who	8462
has been a prisoner of war, was honorably discharged from the	8463
military forces, and is a resident of this state is exempt from	8464
the fees for camping. To claim this exemption, the person shall	8465
present written evidence in the form of a record of separation, a	8466
letter from one of the military forces of the United States, or	8467
such other evidence as the chief prescribes by rule that satisfies	8468
the eligibility criteria established by this section.	8469

Sec. 1541.05.  (A) The chief of the division of parks and	8470
recreation, with the approval of the director of natural	8471
resources, may dispose of any of the following by sale, donation,	8472
trade, trade-in, recycling, or any other lawful means, in a manner	8473
that will benefit the division:	8474

(1) Standing timber that as a result of wind, storm,	8475
pestilence, or any other natural occurrence may present a hazard	8476
to life or property, or timber that has weakened or fallen on	8477
lands under the control and management of the division, or any	8478
timber that requires management to improve wildlife habitat,	8479
protect against wildfires, provide access to recreational	8480
facilities, or improve the safety, quality, or appearance of any	8481
state park area;	8482

(2) Spoils of a dredging operation conducted by the division	8483
in waters under the control and management of the division. Prior	8484
to the disposition of any spoils under this division, the chief	8485
shall notify the director of environmental protection of histhe	8486
chief's intent so that the director may determine if the spoils	8487
constitute solid wastes or hazardous waste, as those terms are	8488
defined in section 3734.01 of the Revised Code, that shallmust be	8489
disposed of in accordance with Chapter 3734. of the Revised Code.	8490
If the director does not notify the chief within thirty days after	8491
receiving notice of the disposition that the spoils shallmust be	8492
disposed of in accordance with Chapter 3734. of the Revised Code,	8493
the chief may proceed with the disposition.	8494

(3) Notwithstanding sections 125.12 to 125.14 of the Revised	8495
Code, excess supplies and surplus supplies, as those terms are	8496
defined in section 125.12 of the Revised Code;	8497

(4) Agricultural products that are grown or raised by the	8498
division. As used in this division, "agricultural products"	8499
includes products of apiculture, animal husbandry, or poultry	8500
husbandry, field crops, fruits, and vegetables.	8501

(5) Abandoned personal property, including golf balls that	8502
are found on property under the control and management of the	8503
division.	8504

(B) In accordance with Chapter 119. of the Revised Code, the	8505
chief shall adopt, and may amend and rescind, such rules as are	8506
necessary to administer this section.	8507

(C) Proceeds from the disposition of items under this section	8508
shall be deposited in the state treasury to the credit of the	8509
state park fund created in section 1541.22 of the Revised Code.	8510

Sec. 1541.40.  There is hereby created in the division of	8511
parks and recreation an Ohio parks and recreation council, which	8512
shall consist of seven members to be appointed by the governor	8513
with the advice and consent of the senate. By reason of his	8514
vocation, employment, or affiliation one of suchthe members shall	8515
be classed as a representative of municipal parks, one as a	8516
representative of metropolitan park districts, one as a	8517
representative of conservancy districts, one as a representative	8518
of soil conservation districts or of soil and water conservation	8519
districts, one as a representative of private recreational	8520
facilities, and two as representatives of the public.	8521

Terms of office shall be for twothree years, commencing on	8522
the first day of February and ending on the thirty-first day of	8523
January, except that upon expiration of the terms ending on	8524
February 3, 1973, the new terms which succeed them shall commence	8525
on February 4, 1974 and end on January 31, 1976, and upon	8526
expiration of the terms ending on February 2, 1975, the new terms	8527
which succeed them shall commence on February 3, 1975 and end on	8528
January 31, 1977. Each member shall hold office from the date of	8529
his appointment until the end of the term for which hethe member	8530
was appointed. Any member appointed to fill a vacancy occurring	8531
prior to the expiration of the term for which histhe member's	8532
predecessor was appointed shall hold office for the remainder of	8533
suchthat term. Any member shall continue in office subsequent to	8534
the expiration date of histhe member's term until histhe	8535
member's successor takes office, or until a period of sixty days	8536
has elapsed, whichever occurs first.	8537

The council shall annually select from among its members a	8538
chairmanchairperson and a vice-chairmanvice-chairperson.	8539

Members of the council shall receive no compensation, but	8540
shall be reimbursed for their actual and necessary expenses	8541
incurred in the performance of their official duties as members of	8542
the council.	8543

The council shall hold at least one regular meeting in each	8544
quarter of each calendar year, and shall keep a record of its	8545
proceedings, which shall be open to the public for inspection.	8546
Special meetings may be called by the chairmanchairperson, and	8547
shall be called by himthe chairperson upon receipt of a written	8548
request therefor signed by two or more members of the council. A	8549
written notice of the time and place of each meeting shall be sent	8550
to each member of the council. A majority of the members of the	8551
council shall constitute a quorum.	8552

The chief of the division of parks and recreation shall act	8553
as secretary of the council. Technical, legal, and other services	8554
required by the council in the performance of its official duties	8555
shall be furnished by the personnel of the division of parks and	8556
recreation.	8557

The governor may remove any member of the council at any time	8558
for inefficiency, neglect of duty, or malfeasance in office.	8559

Sec. 1547.05.  No person born on or after January 1, 1982,	8560
shall operate on the waters in this state a powercraft powered by	8561
more than ten horsepower, unless the operator successfully has	8562
completed either a safe boater course approved by the national	8563
association of state boating law administrators or a proctored or	8564
nonproctored proficiency examination that tests knowledge of	8565
information included in the curriculum of such a course, and has	8566
received a certificate as evidence of successful completion of the	8567
course or examination.	8568

No person shall permit a powercraft to be operated on the	8569
waters in this state in violation of this section.	8570

Sec. 1547.08.  (A) No person shall operate a vessel within or	8571
through a designated bathing area or within or through any area	8572
that has been buoyed off designating it as an area in which	8573
vessels are prohibited.	8574

(B)(1) No person shall operate a vessel at greater than idle	8575
speed or at a speed that creates a wake under any of the following	8576
circumstances:	8577

(a) Within three hundred feet of any marina, boat docking	8578
facility, boat gasoline dock, launch ramp, recreational boat	8579
harbor, or harbor entrance on Lake Erie or on the Ohio river;	8580

(b) During the period from sunset to sunrise according to	8581
local time within any water between the Dan Beard bridge and the	8582
Brent Spence bridge on the Ohio river for any vessel not	8583
documented by the United States coast guard as commercial;	8584

(c) Within any area buoyed or marked as a no wake area on the	8585
waters in this state.	8586

(2) Division (B)(1) of this section does not apply in either	8587
of the following places:	8588

(a) An area designated by the chief of the division of	8589
watercraft unless it is marked by a buoy or sign as a no wake or	8590
idle speed area;	8591

(b) Within any water between the Dan Beard bridge and the	8592
Brent Spence bridge on the Ohio river when the United States coast	8593
guard has authorized the holding of a special event of a community	8594
nature on that water.	8595

(C) No person shall operate a vessel in any area of	8596
restricted or controlled operation in violation of the designated	8597
restriction.	8598

(D) No person shall operate a vessel within three hundred	8599
feet of an official diver's flag unless the person is tendering	8600
the diving operation.	8601

(E) All areas of restricted or controlled operation as	8602
described in division (A) of this section or as provided for in	8603
section 1547.14 or 1547.61 of the Revised Code shall be marked by	8604
a buoy or sign designating the restriction. All waters surrounded	8605
by or lying between such a buoy or sign and the closest shoreline	8606
are thereby designated as an area in which the designated	8607
restrictions shall apply in the operation of any vessel.	8608

Markings on buoys designating areas of restricted or	8609
controlled operation shall be so spaced as to show all around the	8610
horizon. Lineal spacing between the buoys shall be such that under	8611
normal conditions of visibility any buoy shall be readily visible	8612
from the next adjacent buoy. No colors or symbols, except as	8613
provided for in rules of the chief, shall be used on buoys or	8614
signs for marking closed or controlled areas of boating waters.	8615

Any state department, conservancy district, or political	8616
subdivision having jurisdiction and control of impounded boating	8617
waters may place such buoys or signs on its waters. Any political	8618
subdivision may apply to the chief for permission to place such	8619
buoys or signs on other waters within its territorial limits. No	8620
person shall place or cause to be placed a regulatory buoy or sign	8621
on, into, or along the waters in this state unless the person has	8622
complied with all the provisions of this chapter.	8623

(F) No person shall enter, operate a vessel that enters, or	8624
allow a vessel to enter a federally declared security zone as	8625
defined in 33 C.F.R. Chapter I, subparts 6.01-1, 6.01-2, 6.01-3,	8626
6.01-4, 6.01-5, 6.04-1, 6.04-5, 6.04-6, 6.04-7, and 6.04-8.	8627

(G) No person shall permit any vessel to be operated on the	8628
waters in this state in violation of this section.	8629

Sec. 1547.51.  There is hereby created within the department	8630
of natural resources the division of watercraft. The division	8631
shall administer and enforce all laws relative to the	8632
identification, numbering, registration, titling, use, and	8633
operation of vessels operated on the waters in this state and,	8634
with the approval of the director of natural resources, educate	8635
and inform the citizens of the state about, and promote,	8636
conservation, navigation, safety practices, and the benefits of	8637
recreational boating.	8638

Sec. 1547.54.  (A)(1) Except as otherwise provided in section	8639
1547.542 of the Revised Code, the owner of every watercraft	8640
requiring registration under this chapter shall file an	8641
application for a triennial registration certificate with the	8642
chief of the division of watercraft on forms that shall be	8643
provided by the chief or by an electronic means approved by the	8644
chief. The application shall be signed by the following:	8645

(a) If the watercraft is owned by two persons under joint	8646
ownership with right of survivorship established under section	8647
2131.12 of the Revised Code, by both of those persons as owners of	8648
the watercraft. The signatures may be done by electronic signature	8649
if the owners themselves are renewing the registration and there	8650
are no changes in the registration information since the issuance	8651
of the immediately preceding registration certificate. In all	8652
other instances, the signatures shall be done manually.	8653

(b) If the watercraft is owned by a minor, by the minor and a	8654
parent or legal guardian. The signatures may be done by electronic	8655
signature if the parent or legal guardian and the minor themselves	8656
are renewing the registration and there are no changes in the	8657
registration information since the issuance of the immediately	8658
preceding registration certificate. In all other instances, the	8659
signatures shall be done manually.	8660

(c) In all other cases, by the owner of the watercraft. The	8661
signature may be done by electronic signature if the owner is	8662
renewing the registration personally and there are no changes in	8663
the registration information since the issuance of the immediately	8664
preceding registration certificate. In all other instances, the	8665
signatures shall be done manually.	8666

(2) An application for a triennial registration of a	8667
watercraft filed under division (A)(1) of this section shall be	8668
accompanied by the following fee:	8669

(a) For canoes, rowboats, and inflatable watercraft that are	8670
numbered under section 1547.53 of the Revised Code, twelve	8671
dollars;	8672

(b) For canoes, row boats, and inflatable watercraft that are	8673
not numbered under section 1547.53 of the Revised Code, seventeen	8674
dollars;	8675

(c) For class A watercraft, including motorized canoes,	8676
thirty dollars;	8677

(d) For class 1 watercraft, forty-five dollars;

8678

(e) For class 2 watercraft, sixty dollars;

8679

(f) For class 3 watercraft, seventy-five dollars;

8680

(g) For class 4 watercraft, ninety dollars.

8681

(3) For the purpose of registration, any watercraft operated	8682
by means of power, sail, or any other mechanical or electrical	8683
means of propulsion, except motorized canoes, shall be registered	8684
by length as prescribed in this section.	8685

(4) If an application for registration is filed by two	8686
persons as owners under division (A)(1)(a) of this section, the	8687
person who is listed first on the title shall serve as and perform	8688
the duties of the "owner" and shall be considered the person "in	8689
whose name the watercraft is registered" for purposes of divisions	8690
(B) to (Q) of this section and for purposes of all other sections	8691
in this chapter.	8692

(B) All registration certificates issued under this section	8693
are valid for three years and are renewable on a triennial basis	8694
unless sooner terminated or discontinued in accordance with this	8695
chapter. The renewal date shall be printed on the registration	8696
certificate. A registration certificate may be renewed by the	8697
owner in the manner prescribed by the chief. All fees shall be	8698
charged according to a proration of the time remaining in the	8699
registration cycle to the nearest year.	8700

(C) In addition to the fees set forth in this section, the	8701
chief, or any authorized agent, shall charge an additional fee of	8702
three dollars for any registration certificate the chief or	8703
authorized agent issues. When the registration certificate is	8704
issued by an authorized agent, the additional fee of three dollars	8705
shall be retained by the issuing agent. When the registration	8706
certificate is issued by the chief, the additional fee of three	8707
dollars shall be deposited to the credit of the waterways safety	8708
fund established in section 1547.75 of the Revised Code.	8709

(D)(1) Upon receipt of the application in approved form, the	8710
chief shall enter the same upon the records of the office of the	8711
division of watercraft, assign a number to the watercraft if a	8712
number is required under section 1547.53 of the Revised Code, and	8713
issue to the applicant a registration certificate. If a number is	8714
assigned by the chief, it shall be set forth on the certificate.	8715
The registration certificate shall be on the watercraft for which	8716
it is issued and available at all times for inspection whenever	8717
the watercraft is in operation, except that livery operators may	8718
retain the registration certificate at the livery where it shall	8719
remain available for inspection at all times and except as	8720
otherwise provided in division (D)(2) of this section.	8721

(2) A person who is operating on the waters of this state a	8722
canoe, rowboat, or inflatable watercraft that has not been	8723
numbered under section 1547.53 of the Revised Code and who is	8724
stopped by a law enforcement officer in the enforcement of this	8725
chapter or rules adopted under it shall present to the officer,	8726
not later than seventy-two hours after being stopped, a	8727
registration certificate. The registration certificate shall have	8728
been obtained under this section for the canoe, rowboat, or	8729
inflatable watercraft prior to the time that it was stopped.	8730
Failure of the person to present the registration certificate	8731
within seventy-two hours constitutes prima-facie evidence of a	8732
violation of this section.	8733

(E) No person shall issue or be issued a registration	8734
certificate for a watercraft that is required to be issued a	8735
certificate of title under Chapter 1548. of the Revised Code	8736
except upon presentation of a certificate of title for the	8737
watercraft as provided in that chapter, proof of current	8738
documentation by the United States coast guard, a renewal	8739
registration form provided by the division of watercraft, or a	8740
certificate of registration issued under this section that has	8741
expired if there is no change in the ownership or description of	8742
the watercraft.	8743

(F) Whenever the ownership of a watercraft changes, a new	8744
application form together with the prescribed fee shall be filed	8745
with the chief or the chief's agent and a new registration	8746
certificate shall be issued. The application shall be signed	8747
manually by the person or persons specified in divisiondivisions	8748
(A)(1)(a) to (c) of this section and shall be accompanied by a	8749
two-dollar transfer fee. Any remaining time on the registration	8750
shall be transferred. An authorized agent of the chief shall	8751
charge an additional fee of three dollars, which shall be retained	8752
by the issuing agent. If the certificate is issued by the chief,	8753
an additional fee of three dollars for each certificate issued	8754
shall be collected.	8755

(G) If an agency of the United States has in force an overall	8756
system of identification numbering for watercraft or certain types	8757
of watercraft within the United States, the numbering system	8758
employed by the division shall be in conformity with that system.	8759

(H)(1) The chief may assign any registration certificates to	8760
any authorized agent for the assignment of the registration	8761
certificates. If a person accepts that authorization, the person	8762
may be assigned a block of numbers and certificates that upon	8763
assignment, in conformity with this chapter and Chapter 1548. of	8764
the Revised Code and with rules of the division, shall be valid as	8765
if assigned directly by the division. Any person so designated as	8766
an agent by the chief shall post with the division security as may	8767
be required by the director of natural resources. The chief may	8768
issue an order temporarily or permanently restricting or	8769
suspending an agent's authorization without a hearing if the chief	8770
finds that the agent has violated this chapter or Chapter 1548. of	8771
the Revised Code, rules adopted under them, or any agreements	8772
prescribed by the chief.	8773

(2) A clerk of the court of common pleas may apply for	8774
designation as an authorized agent of the chief. The division	8775
shall accept the clerk's bond that is required under section	8776
2303.02 of the Revised Code for any security that is required for	8777
agents under this division, provided that the bond includes a	8778
rider or other provision specifically covering the clerk's duties	8779
as an authorized agent of the chief.	8780

(I) All records of the division made or kept pursuant to this	8781
section shall be public records. Those records shall be available	8782
for inspection at reasonable hours and in a manner compatible with	8783
normal operations of the division.	8784

(J) The owner shall furnish the division notice within	8785
fifteen days of the following:	8786

(1) The transfer, other than through the creation of a	8787
security interest in any watercraft, of all or any part of the	8788
owner's interest or, if the watercraft is owned by two persons	8789
under joint ownership with right of survivorship established under	8790
section 2131.12 of the Revised Code, of all or any part of the	8791
joint interest of either of the two persons. The transfer shall	8792
not terminate the registration certificate.	8793

(2) Any change in the address appearing on the certificate	8794
and, as. As a part of the notification, the owner shall furnish	8795
the chief with the owner's new address;.	8796

(3) The destruction or abandonment of the watercraft.

8797

(K) The chief may issue duplicate registration certificates	8798
or duplicate tags to owners of currently registered watercraft,	8799
the fee for which shall be four dollars.	8800

(L) If the chief finds that a registration certificate	8801
previously issued to an owner is in error to a degree that would	8802
impair its basic purpose and use, the chief may issue a corrected	8803
certificate to the owner without charge.	8804

(M) No authorized agent shall issue and no person shall	8805
receive or accept from an authorized agent a registration	8806
certificate assigned to the authorized agent under division (H) of	8807
this section unless the exact month, day, and year of issue are	8808
plainly written on the certificate by the agent. Certificates	8809
issued with incorrect dates of issue are void from the time they	8810
are issued.	8811

(N) The chief, in accordance with Chapter 119. of the Revised	8812
Code, shall adopt rules governing the renewal of watercraft	8813
registrations by electronic means.	8814

(O) As used in this section:

8815

(1) "Disabled veteran" means a person who is included in	8816
either of the following categories:	8817

(a) Because of a service-connected disability, has been or is	8818
awarded funds for the purchase of a motor vehicle under the	8819
"Disabled Veterans' and Servicemen's Automobile Assistance Act of	8820
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;	8821

(b) Has a service-connected disability rated at one hundred	8822
per cent by the veterans administration.	8823

(2) "Prisoner of war" means any regularly appointed,	8824
enrolled, enlisted, or inducted member of the military forces of	8825
the United States who was captured, separated, and incarcerated by	8826
an enemy of the United States at any time, and any regularly	8827
appointed, enrolled, or enlisted member of the military forces of	8828
Great Britain, France, Australia, Belgium, Brazil, Canada, China,	8829
Denmark, Greece, the Netherlands, New Zealand, Norway, Poland,	8830
South Africa, or the republics formerly associated with the Union	8831
of Soviet Socialist Republics or Yugoslavia who was a citizen of	8832
the United States at the time of the appointment, enrollment, or	8833
enlistment, and was captured, separated, and incarcerated by an	8834
enemy of this country during World War II.	8835

(P) Any disabled veteran, congressional medal of honor	8836
awardee, or prisoner of war may apply to the chief for a	8837
certificate of registration, or for a renewal of the certificate	8838
of registration, without the payment of any fee required by this	8839
section. The application for a certificate of registration shall	8840
be accompanied by evidence of disability or by documentary	8841
evidence in support of a congressional medal of honor that the	8842
chief requires by rule. The application for a certificate of	8843
registration by any person who has been a prisoner of war shall be	8844
accompanied by written evidence in the form of a record of	8845
separation, a letter from one of the armed forces of a country	8846
listed in division (O)(2) of this section, or other evidence that	8847
the chief may require by rule, that the person was honorably	8848
discharged or is currently residing in this state on active duty	8849
with one of the branches of the armed forces of the United States,	8850
or was a prisoner of war and was honorably discharged or received	8851
an equivalent discharge or release from one of the armed forces of	8852
a country listed in division (O)(2) of this section.	8853

(Q) Annually by the fifteenth day of January, the director of	8854
natural resources shall determine the amount of fees that would	8855
have been collected in the prior calendar year for each	8856
certificate of registration issued or renewed pursuant to division	8857
(P) of this section and shall certify the total amount of foregone	8858
revenue to the director of budget and management for	8859
reimbursement. The director of budget and management shall	8860
transfer the amount certified from the general revenue fund to the	8861
waterways safety fund created pursuant to section 1547.75 of the	8862
Revised Code.	8863

Sec. 1547.541.  The owner of a wooden watercraft that is more	8864
than twenty-five years old, is essentially as originally	8865
constructed, and is owned primarily as a collector's item and for	8866
participation in club activities, exhibitions, tours, parades, and	8867
similar uses, but is not used for general recreation may apply to	8868
the chief of the division of watercraft for an historic watercraft	8869
identification plate. The chief, by rule, may establish additional	8870
criteria for the registration of historic watercraft that the	8871
chief considers necessary.	8872

The chief shall prescribe the form of application and shall	8873
issue an historic watercraft identification plate, which shall be	8874
securely affixed to the watercraft. The plate shall bear no date,	8875
but shall bear the inscription "historic watercraft." A	8876
registration number assigned by the chief shall be shown on the	8877
plate. The plate is valid without renewal as long as the	8878
watercraft exists and ownership does not change. The fee for the	8879
plate is twenty-five dollars.	8880

Whenever the ownership of an historic watercraft changes, an	8881
application for transfer of registration, together with a fee of	8882
ten dollars, shall be filed with the division of watercraft, and a	8883
new certificate of registration shall be issued.	8884

The historic watercraft identification plate shall be shown	8885
on the watercraft in the same manner as a number required under	8886
sections 1547.53 and 1547.57 of the Revised Code.	8887

If the watercraft is to be used for general recreation, it	8888
also shall be registered as required by section 1547.54 of the	8889
Revised Code.	8890

Sec. 1547.99.  (A) Whoever violates section 1547.91 of the	8891
Revised Code is guilty of a felony of the fourth degree.	8892

(B) Whoever violates division (F) of section 1547.08, section	8893
1547.10, division (I) of section 1547.111, section 1547.13, or	8894
section 1547.66 of the Revised Code is guilty of a misdemeanor of	8895
the first degree.	8896

(C) Whoever violates a provision of this chapter or a rule	8897
adopted thereunder, for which no penalty is otherwise provided, is	8898
guilty of a minor misdemeanor.	8899

(D) Whoever violates section 1547.07 or 1547.12 of the	8900
Revised Code without causing injury to persons or damage to	8901
property is guilty of a misdemeanor of the fourth degree.	8902

(E) Whoever violates section 1547.07 or 1547.12 of the	8903
Revised Code causing injury to persons or damage to property is	8904
guilty of a misdemeanor of the third degree.	8905

(F) Whoever violates division (M) of section 1547.54,	8906
division (G) of section 1547.30, or section 1547.131, 1547.25,	8907
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	8908
of the Revised Code or a rule adopted under division (A)(2) of	8909
section 1547.52 of the Revised Code is guilty of a misdemeanor of	8910
the fourth degree.	8911

(G) Whoever violates section 1547.11 of the Revised Code is	8912
guilty of a misdemeanor of the first degree and shall be punished	8913
as provided in division (G)(1), (2), or (3) of this section.	8914

(1) Except as otherwise provided in division (G)(2) or (3) of	8915
this section, the court shall sentence the offender to a jail term	8916
of three consecutive days and may sentence the offender pursuant	8917
to section 2929.24 of the Revised Code to a longer jail term. In	8918
addition, the court shall impose upon the offender a fine of not	8919
less than one hundred fifty nor more than one thousand dollars.	8920

The court may suspend the execution of the mandatory jail	8921
term of three consecutive days that it is required to impose by	8922
division (G)(1) of this section if the court, in lieu of the	8923
suspended jail term, places the offender under a community control	8924
sanction pursuant to section 2929.25 of the Revised Code and	8925
requires the offender to attend, for three consecutive days, a	8926
drivers' intervention program that is certified pursuant to	8927
section 3793.10 of the Revised Code. The court also may suspend	8928
the execution of any part of the mandatory jail term of three	8929
consecutive days that it is required to impose by division (G)(1)	8930
of this section if the court places the offender under a community	8931
control sanction pursuant to section 2929.25 of the Revised Code	8932
for part of the three consecutive days; requires the offender to	8933
attend, for that part of the three consecutive days, a drivers'	8934
intervention program that is certified pursuant to section 3793.10	8935
of the Revised Code; and sentences the offender to a jail term	8936
equal to the remainder of the three consecutive days that the	8937
offender does not spend attending the drivers' intervention	8938
program. The court may require the offender, as a condition of	8939
community control, to attend and satisfactorily complete any	8940
treatment or education programs, in addition to the required	8941
attendance at a drivers' intervention program, that the operators	8942
of the drivers' intervention program determine that the offender	8943
should attend and to report periodically to the court on the	8944
offender's progress in the programs. The court also may impose any	8945
other conditions of community control on the offender that it	8946
considers necessary.	8947

(2) If, within six years of the offense, the offender has	8948
been convicted of or pleaded guilty to one violation of section	8949
1547.11 of the Revised Code, of a municipal ordinance relating to	8950
operating a watercraft or manipulating any water skis, aquaplane,	8951
or similar device while under the influence of alcohol, a drug of	8952
abuse, or a combination of them, of a municipal ordinance relating	8953
to operating a watercraft or manipulating any water skis,	8954
aquaplane, or similar device with a prohibited concentration of	8955
alcohol, a controlled substance, or a metabolite of a controlled	8956
substance in the whole blood, blood serum or plasma, breath, or	8957
urine, of division (A)(1) of section 2903.06 of the Revised Code,	8958
or of division (A)(2), (3), or (4) of section 2903.06 of the	8959
Revised Code or section 2903.06 or 2903.07 of the Revised Code as	8960
they existed prior to March 23, 2000, in a case in which the jury	8961
or judge found that the offender was under the influence of	8962
alcohol, a drug of abuse, or a combination of them, the court	8963
shall sentence the offender to a jail term of ten consecutive days	8964
and may sentence the offender pursuant to section 2929.24 of the	8965
Revised Code to a longer jail term. In addition, the court shall	8966
impose upon the offender a fine of not less than one hundred fifty	8967
nor more than one thousand dollars.	8968

In addition to any other sentence that it imposes upon the	8969
offender, the court may require the offender to attend a drivers'	8970
intervention program that is certified pursuant to section 3793.10	8971
of the Revised Code.	8972

(3) If, within six years of the offense, the offender has	8973
been convicted of or pleaded guilty to more than one violation	8974
identified in division (G)(2) of this section, the court shall	8975
sentence the offender to a jail term of thirty consecutive days	8976
and may sentence the offender to a longer jail term of not more	8977
than one year. In addition, the court shall impose upon the	8978
offender a fine of not less than one hundred fifty nor more than	8979
one thousand dollars.	8980

In addition to any other sentence that it imposes upon the	8981
offender, the court may require the offender to attend a drivers'	8982
intervention program that is certified pursuant to section 3793.10	8983
of the Revised Code.	8984

(4) Upon a showing that serving a jail term would seriously	8985
affect the ability of an offender sentenced pursuant to division	8986
(G)(1), (2), or (3) of this section to continue the offender's	8987
employment, the court may authorize that the offender be granted	8988
work release after the offender has served the mandatory jail term	8989
of three, ten, or thirty consecutive days that the court is	8990
required by division (G)(1), (2), or (3) of this section to	8991
impose. No court shall authorize work release during the mandatory	8992
jail term of three, ten, or thirty consecutive days that the court	8993
is required by division (G)(1), (2), or (3) of this section to	8994
impose. The duration of the work release shall not exceed the time	8995
necessary each day for the offender to commute to and from the	8996
place of employment and the place in which the jail term is served	8997
and the time actually spent under employment.	8998

(5) Notwithstanding any section of the Revised Code that	8999
authorizes the suspension of the imposition or execution of a	9000
sentence or the placement of an offender in any treatment program	9001
in lieu of being imprisoned or serving a jail term, no court shall	9002
suspend the mandatory jail term of ten or thirty consecutive days	9003
required to be imposed by division (G)(2) or (3) of this section	9004
or place an offender who is sentenced pursuant to division (G)(2)	9005
or (3) of this section in any treatment program in lieu of being	9006
imprisoned or serving a jail term until after the offender has	9007
served the mandatory jail term of ten or thirty consecutive days	9008
required to be imposed pursuant to division (G)(2) or (3) of this	9009
section. Notwithstanding any section of the Revised Code that	9010
authorizes the suspension of the imposition or execution of a	9011
sentence or the placement of an offender in any treatment program	9012
in lieu of being imprisoned or serving a jail term, no court,	9013
except as specifically authorized by division (G)(1) of this	9014
section, shall suspend the mandatory jail term of three	9015
consecutive days required to be imposed by division (G)(1) of this	9016
section or place an offender who is sentenced pursuant to division	9017
(G)(1) of this section in any treatment program in lieu of	9018
imprisonment until after the offender has served the mandatory	9019
jail term of three consecutive days required to be imposed	9020
pursuant to division (G)(1) of this section.	9021

(6) As used in division (G) of this section, "jail term" and	9022
"mandatory jail term" have the same meanings as in section 2929.01	9023
of the Revised Code.	9024

(H) Whoever violates section 1547.304 of the Revised Code is	9025
guilty of a misdemeanor of the fourth degree and also shall be	9026
assessed any costs incurred by the state or a county, township,	9027
municipal corporation, or other political subdivision in disposing	9028
of an abandoned junk vessel or outboard motor, less any money	9029
accruing to the state, county, township, municipal corporation, or	9030
other political subdivision from that disposal.	9031

(I) Whoever violates division (B) or (C) of section 1547.49	9032
of the Revised Code is guilty of a minor misdemeanor.	9033

(J) Whoever violates section 1547.31 of the Revised Code is	9034
guilty of a misdemeanor of the fourth degree on a first offense.	9035
On each subsequent offense, the person is guilty of a misdemeanor	9036
of the third degree.	9037

(K) Whoever violates section 1547.05 or 1547.051 of the	9038
Revised Code is guilty of a misdemeanor of the fourth degree if	9039
the violation is not related to a collision, injury to a person,	9040
or damage to property and a misdemeanor of the third degree if the	9041
violation is related to a collision, injury to a person, or damage	9042
to property.	9043

(L) The sentencing court, in addition to the penalty provided	9044
under this section for a violation of this chapter or a rule	9045
adopted under it that involves a powercraft powered by more than	9046
ten horsepower and that, in the opinion of the court, involves a	9047
threat to the safety of persons or property, shall order the	9048
offender to complete successfully a boating course approved by the	9049
national association of state boating law administrators before	9050
the offender is allowed to operate a powercraft powered by more	9051
than ten horsepower on the waters in this state. Violation of a	9052
court order entered under this division is punishable as contempt	9053
under Chapter 2705. of the Revised Code.	9054

Sec. 1548.02.  The chief of the division of watercraft shall	9055
adopt such rules as the chief considers necessary to ensure	9056
uniform and orderly operation of this chapter, and the clerks of	9057
the courts of common pleas shall conform to those rules. The chief	9058
shall receive and file in the chief's office all information	9059
forwarded to the chief by the clerks under this chapter and shall	9060
maintain indexes covering the state at large for that information.	9061
These indexes shall be for the state at large and not for	9062
individual counties.	9063

The chief shall check with the chief's record all duplicate	9064
certificates of title received in the chief's office from the	9065
clerks.	9066

If it appears that any certificate of title has been	9067
improperly issued or is no longer required, the chief shall cancel	9068
the certificate. Upon the cancellation of any certificate of	9069
title, the chief shall notify the clerk who issued it, and the	9070
clerk shall enter the cancellation in the clerk's records. The	9071
chief also shall notify the person to whom the certificate of	9072
title was issued, as well as any lienholders appearing on it, of	9073
the cancellation and, if it is a physical certificate of title,	9074
shall demand the surrender of the certificate of title, but the	9075
cancellation shall not affect the validity of any lien noted on	9076
it. The holder of a physical certificate of title shall return it	9077
to the chief immediately.	9078

The clerks shall keep on hand a sufficient supply of blank	9079
forms that, except certificate of title and memorandum certificate	9080
forms, shall be furnished and distributed without charge to	9081
registered manufacturers or dealers or to other persons residing	9082
within the county. The clerks shall provide the certificates of	9083
title, the ribbons for data processing, and removable backup media	9084
from moneys provided to the clerks from the automated title	9085
processing fund in accordance with division (B)(3)(b) of section	9086
4505.09 of the Revised Code. The clerks shall furnish all other	9087
supplies from other moneys available to the clerks.	9088

Sec. 1548.031.  (A) No minor under eighteen years of age	9089
shall sell or otherwise dispose of a watercraft or outboard motor	9090
or purchase or otherwise acquire a watercraft or outboard motor	9091
unless the application for a certificate of title is accompanied	9092
by a form prescribed by the chief of the division of watercraft	9093
and signed in the presence of a clerk or deputy clerk of a court	9094
of common pleas or any notary public by one of the minor's	9095
parents, the minor's guardian, or another person having custody of	9096
the minor authorizing the sale, disposition, purchase, or	9097
acquisition of the watercraft or outboard motor. At the time the	9098
adult signs the form, the adult shall provide identification	9099
establishing that the adult is the individual whose signature	9100
appears on the form.	9101

(B) No right, title, or claim to or interest in a watercraft	9102
or outboard motor shall be acquired by or from a minor unless the	9103
application for a certificate of title is accompanied by the form	9104
required by this section.	9105

(C) No clerk of a court of common pleas shall be held liable	9106
in any civil action that arises under the law of this state for	9107
injury or loss to persons or property caused when a person has	9108
obtained a certificate of title in violation of this section	9109
unless the clerk failed to use reasonable diligence in	9110
ascertaining the age of the minor or the identity of the adult who	9111
signed the form authorizing the sale, disposition, purchase, or	9112
acquisition of the watercraft or outboard motor by the minor.	9113

Sec. 1548.032. (A)(1) If a person who is not an electronic	9114
watercraft dealer owns a watercraft for which a physical	9115
certificate of title has not been issued by a clerk of a court of	9116
common pleas and the person sells the watercraft to a watercraft	9117
dealer registered under section 1547.543 of the Revised Code, the	9118
person is not required to obtain a physical certificate of title	9119
to the watercraft in order to transfer ownership to the dealer.	9120
The person shall present the dealer, in a manner approved by the	9121
chief of the division of watercraft, with sufficient proof of the	9122
person's identity and complete and sign a form prescribed by the	9123
chief attesting to the person's identity and assigning the	9124
watercraft to the dealer. Except as otherwise provided in this	9125
section, the watercraft dealer shall present the assignment form	9126
to any clerk of a court of common pleas together with an	9127
application for a certificate of title and payment of the fees	9128
prescribed by section 1548.10 of the Revised Code.	9129

In a case in which an electronic certificate of title has	9130
been issued and either the buyer or seller of the watercraft is an	9131
electronic watercraft dealer, the electronic watercraft dealer	9132
instead may inform a clerk of a court of common pleas via	9133
electronic means of the sale of the watercraft and assignment of	9134
ownership of the watercraft. The clerk shall enter the information	9135
relating to the assignment into the automated title processing	9136
system, and ownership of the watercraft passes to the applicant	9137
when the clerk enters this information into the system. The dealer	9138
is not required to obtain a physical certificate of title to the	9139
watercraft in the dealer's name.	9140

(2) A clerk shall charge and collect from a dealer a fee of	9141
five dollars for each watercraft assignment sent by the dealer to	9142
the clerk under division (A)(1) of this section. The fee shall be	9143
distributed in accordance with section 1548.10 of the Revised	9144
Code.	9145

(B) If a person who is not an electronic watercraft dealer	9146
owns a watercraft for which a physical certificate of title has	9147
not been issued by a clerk of a court of common pleas and the	9148
person sells the watercraft to a person who is not a watercraft	9149
dealer registered under section 1547.543 of the Revised Code, the	9150
person shall obtain a physical certificate of title to the	9151
watercraft in order to transfer ownership of the watercraft to	9152
that person.	9153

Sec. 1561.011. Nothing in this chapter applies to activities	9154
that are permitted and regulated under Chapter 1514. of the	9155
Revised Code.	9156

Sec. 1563.01. Except for section 1563.11 of the Revised Code,	9157
nothing in this chapter applies to activities that are permitted	9158
and regulated under Chapter 1514. of the Revised Code.	9159

Sec. 1565.01. Nothing in this chapter applies to activities	9160
that are permitted and regulated under Chapter 1514. of the	9161
Revised Code.	9162

Sec. 1567.01. Nothing in this chapter applies to activities	9163
that are permitted and regulated under Chapter 1514. of the	9164
Revised Code.	9165

Sec. 1567.35.  No gasoline, naphtha, kerosene, fuel oil, or	9166
gas engine shall be used in a mine, except for operating pumping	9167
machinery where electric, compressed air, or steam power is not	9168
available or cannot be transmitted to the pump, in which case the	9169
owner, lessee, or agent shall observe the following:	9170

(A) Notice shall be given to the chief of the division of	9171
mineral resources management, before installing, and the	9172
installation and operation shall be subject to the chief's	9173
approval.	9174

(B) No wood or inflammable material shall be permitted within	9175
twenty-five feet of the engine.	9176

(C) The supply tank from which the gasoline, naphtha,	9177
kerosene, or fuel oil is fed to the engine, shall be of metal,	9178
with a suitable screw cap opening, fitted with a gasket, so as to	9179
make the tank airtight and prevent the escape of gas into the	9180
atmosphere, and the tank kept free from leaks.	9181

(D) The gasoline, naphtha, kerosene, or fuel oil shall be fed	9182
from a tank to the carburetor or mixer by metal tubes securely	9183
connected so as to reduce the possibility of leaks to a minimum.	9184

(E) The exhaust from the engine shall be conducted by means	9185
of metal pipes into the return air current, so that the combustion	9186
fumes will not enter the workings of the mine where the worker's	9187
workers are required to work, or be conducted in an upcast shaft	9188
or slope not used as a means of ingress or egress or through metal	9189
pipes to the surface.	9190

(F) At no time shall more than five gallons of such gasoline,	9191
naphtha, kerosene, or fuel oil be taken into the mine, including	9192
that in the supply tank.	9193

(G) No gasoline, naphtha, kerosene, or fuel oil shall be	9194
taken into the mine except in metallic cans, with a screw cap	9195
opening at the top, fitted with a suitable gasket.	9196

(H) No package, can, or supply tank of an engine, containing	9197
gasoline, naphtha, kerosene, or fuel oil, shall be opened until	9198
ready to make the transfer from the package or can to the supply	9199
tank, and in transferring, a funnel shall be used so as to avoid	9200
spilling the gasoline, naphtha, kerosene, or fuel oil, and the cap	9201
on the supply tank shall be immediately closed.	9202

(I) In no case shall the package, can, or supply tank be	9203
opened when an open light or other thing containing fire is within	9204
twenty-five feet of the same, provided that subject to the	9205
approval of the chief, the restrictions in the use of fuel oil in	9206
a mine shall not apply to mobile or portable machinery, if such	9207
the mobile or portable machinery is used in a clay, limestone,	9208
shale, or any other mine not a coal mine.	9209

Nothing in this section shall be construed to prohibit or	9210
impede the use of diesel equipment in an underground coal mine,	9211
provided that the chief approves the use of the equipment in	9212
underground mines and the equipment satisfies requirements	9213
established in rules adopted by the chief under section 1513.02 of	9214
the Revised Code governing the use of diesel equipment in	9215
underground mines.	9216

No owner, lessee, agent, or operator of a mine shall violate	9217
this section.	9218

Sec. 1571.011. Nothing in this chapter applies to activities	9219
that are permitted and regulated under Chapter 1514. of the	9220
Revised Code.	9221

Sec. 2305.041. With respect to a lease or license by which a	9222
right is granted to operate or to sink or drill wells on land in	9223
this state for natural gas or petroleum and that is recorded in	9224
accordance with section 5301.09 of the Revised Code, an action	9225
alleging breach of any express or implied provision of the lease	9226
or license concerning the calculation or payment of royalties	9227
shall be brought within the time period that is specified in	9228
section 1302.98 of the Revised Code. An action alleging a breach	9229
with respect to any other issue that the lease or license involves	9230
shall be brought within the time period specified in section	9231
2305.06 of the Revised Code.	9232

Sec. 2923.35.  (A)(1) With respect to property ordered	9233
forfeited under section 2923.32 of the Revised Code, with respect	9234
to any fine or civil penalty imposed in any criminal or civil	9235
proceeding under section 2923.32 or 2923.34 of the Revised Code,	9236
and with respect to any fine imposed for a violation of section	9237
2923.01 of the Revised Code for conspiracy to violate section	9238
2923.32 of the Revised Code, the court, upon petition of the	9239
prosecuting attorney, may do any of the following:	9240

(a) Authorize the prosecuting attorney to settle claims;

9241

(b) Award compensation to persons who provide information	9242
that results in a forfeiture, fine, or civil penalty under section	9243
2923.32 or 2923.34 of the Revised Code;	9244

(c) Grant petitions for mitigation or remission of	9245
forfeiture, fines, or civil penalties, or restore forfeited	9246
property, imposed fines, or imposed civil penalties to persons	9247
injured by the violation;	9248

(d) Take any other action to protect the rights of innocent	9249
persons that is in the interest of justice and that is consistent	9250
with the purposes of sections 2923.31 to 2923.36 of the Revised	9251
Code.	9252

(2) The court shall maintain an accurate record of the	9253
actions it takes under division (A)(1) of this section with	9254
respect to the property ordered forfeited or the fine or civil	9255
penalty. The record is a public record open for inspection under	9256
section 149.43 of the Revised Code.	9257

(B)(1) After the application of division (A) of this section,	9258
any person who prevails in a civil action pursuant to section	9259
2923.34 of the Revised Code has a right to any property, or the	9260
proceeds of any property, criminally forfeited to the state	9261
pursuant to section 2923.32 of the Revised Code or against which	9262
any fine under that section or civil penalty under division (I) of	9263
section 2923.34 of the Revised Code may be imposed.	9264

The right of any person who prevails in a civil action	9265
pursuant to section 2923.34 of the Revised Code, other than a	9266
prosecuting attorney performing official duties under that	9267
section, to forfeited property, property against which fines and	9268
civil penalties may be imposed, and the proceeds of that property	9269
is superior to any right of the state, a municipal corporation, or	9270
a county to the property or the proceeds of the property, if the	9271
civil action is brought within one hundred eighty days after the	9272
entry of a sentence of forfeiture or a fine pursuant to section	9273
2923.32 of the Revised Code or the entry of a civil penalty	9274
pursuant to division (I) of section 2923.34 of the Revised Code.	9275

The right is limited to the total value of the treble	9276
damages, civil penalties, attorney's fees, and costs awarded to	9277
the prevailing party in an action pursuant to section 2923.34 of	9278
the Revised Code, less any restitution received by the person.	9279

(2) If the aggregate amount of claims of persons who have	9280
prevailed in a civil action pursuant to section 2923.34 of the	9281
Revised Code against any one defendant is greater than the total	9282
value of the treble fines, civil penalties, and forfeited property	9283
paid by the person against whom the actions were brought, all of	9284
the persons who brought their actions within one hundred eighty	9285
days after the entry of a sentence or disposition of forfeiture or	9286
a fine pursuant to section 2923.32 of the Revised Code or the	9287
entry of a civil penalty pursuant to division (I) of section	9288
2923.34 of the Revised Code, first shall receive a pro rata share	9289
of the total amount of the fines, civil penalties, and forfeited	9290
property. After the persons who brought their actions within the	9291
specified one-hundred-eighty-day period have satisfied their	9292
claims out of the fines, civil penalties, and forfeited property,	9293
all other persons who prevailed in civil actions pursuant to	9294
section 2923.34 of the Revised Code shall receive a pro rata share	9295
of the total amount of the fines, civil penalties, and forfeited	9296
property that remains in the custody of the law enforcement agency	9297
or in the corrupt activity investigation and prosecution fund.	9298

(C)(1) Subject to divisions (A) and (B) of this section and	9299
notwithstanding any contrary provision of section 2933.41 of the	9300
Revised Code, the prosecuting attorney shall order the disposal of	9301
property ordered forfeited in any proceeding under sections	9302
2923.32 and 2923.34 of the Revised Code as soon as feasible,	9303
making due provisions for the rights of innocent persons, by any	9304
of the following methods:	9305

(a) Transfer to any person who prevails in a civil action	9306
pursuant to section 2923.34 of the Revised Code, subject to the	9307
limit set forth in division (B)(1) of this section;	9308

(b) Public sale;

9309

(c) Transfer to a state governmental agency for official use;

9310

(d) Sale or transfer to an innocent person;

9311

(e) If the property is contraband and is not needed for	9312
evidence in any pending criminal or civil proceeding, pursuant to	9313
section 2933.41 or any other applicable section of the Revised	9314
Code.	9315

(2) Any interest in personal or real property not disposed of	9316
pursuant to this division and not exercisable by, or transferable	9317
for value to, the state shall expire and shall not revert to the	9318
person found guilty of or adjudicated a delinquent child for a	9319
violation of section 2923.32 of the Revised Code. No person found	9320
guilty of or adjudicated a delinquent child for a violation of	9321
that section and no person acting in concert with a person found	9322
guilty of or adjudicated a delinquent child for a violation of	9323
that section is eligible to purchase forfeited property from the	9324
state.	9325

(3) Upon application of a person, other than the defendant,	9326
the adjudicated delinquent child, or a person acting in concert	9327
with or on behalf of either the defendant or the adjudicated	9328
delinquent child, the court may restrain or stay the disposal of	9329
the property pursuant to this division pending the conclusion of	9330
any appeal of the criminal case or delinquency case giving rise to	9331
the forfeiture or pending the determination of the validity of a	9332
claim to or interest in the property pursuant to division (E) of	9333
section 2923.32 of the Revised Code, if the applicant demonstrates	9334
that proceeding with the disposal of the property will result in	9335
irreparable injury, harm, or loss to the applicant.	9336

(4) The prosecuting attorney shall maintain an accurate	9337
record of each item of property disposed of pursuant to this	9338
division, which record shall include the date on which each item	9339
came into the prosecuting attorney's custody, the manner and date	9340
of disposition, and, if applicable, the name of the person who	9341
received the item. The record shall not identify or enable the	9342
identification of the individual officer who seized the property,	9343
and the record is a public record open for inspection under	9344
section 149.43 of the Revised Code.	9345

Each prosecuting attorney who disposes in any calendar year	9346
of any item of property pursuant to this division shall prepare a	9347
report covering the calendar year that cumulates all of the	9348
information contained in all of the records kept by the	9349
prosecuting attorney pursuant to this division for that calendar	9350
year and shall send the cumulative report, no later than the first	9351
day of March in the calendar year following the calendar year	9352
covered by the report, to the attorney general. Each report	9353
received by the attorney general is a public record open for	9354
inspection under section 149.43 of the Revised Code. Not later	9355
than the fifteenth day of April in the calendar year following the	9356
calendar year covered by the reports, the attorney general shall	9357
send to the president of the senate and the speaker of the house	9358
of representatives a written notification that does all of the	9359
following:	9360

(a) Indicates that the attorney general has received from	9361
prosecuting attorneys reports of the type described in this	9362
division that cover the previous calendar year and indicates that	9363
the reports were received under this division;	9364

(b) Indicates that the reports are open for inspection under	9365
section 149.43 of the Revised Code;	9366

(c) Indicates that the attorney general will provide a copy	9367
of any or all of the reports to the president of the senate or the	9368
speaker of the house of representatives upon request.	9369

(D)(1)(a) Ten per cent of the proceeds of all property	9370
ordered forfeited by a juvenile court pursuant to section 2923.32	9371
of the Revised Code shall be applied to one or more alcohol and	9372
drug addiction treatment programs that are certified by the	9373
department of alcohol and drug addiction services under section	9374
3793.06 of the Revised Code and that are specified in the order of	9375
forfeiture. A juvenile court shall not specify an alcohol or drug	9376
addiction treatment program in the order of forfeiture unless the	9377
program is a certified alcohol and drug addiction treatment	9378
program and, except as provided in division (D)(1)(a) of this	9379
section, unless the program is located in the county in which the	9380
court that orders the forfeiture is located or in a contiguous	9381
county. If no certified alcohol and drug addiction treatment	9382
program is located in any of those counties, the juvenile court	9383
may specify in the order a certified alcohol and drug addiction	9384
treatment program located anywhere within this state. The	9385
remaining ninety per cent of the proceeds shall be disposed of as	9386
provided in divisions (D)(1)(b) and (D)(2) of this section.	9387

All of the proceeds of all property ordered forfeited by a	9388
court other than a juvenile court pursuant to section 2923.32 of	9389
the Revised Code shall be disposed of as provided in divisions	9390
(D)(1)(b) and (D)(2) of this section.	9391

(b) The remaining proceeds of all property ordered forfeited	9392
pursuant to section 2923.32 of the Revised Code, after compliance	9393
with division (D)(1)(a) of this section when that division is	9394
applicable, and all fines and civil penalties imposed pursuant to	9395
sections 2923.32 and 2923.34 of the Revised Code shall be	9396
deposited into the state treasury and credited to the corrupt	9397
activity investigation and prosecution fund, which is hereby	9398
created.	9399

(2) The proceeds, fines, and penalties credited to the	9400
corrupt activity investigation and prosecution fund pursuant to	9401
division (D)(1) of this section shall be disposed of in the	9402
following order:	9403

(a) To a civil plaintiff in an action brought within the	9404
one-hundred-eighty-day time period specified in division (B)(1) of	9405
this section, subject to the limit set forth in that division;	9406

(b) To the payment of the fees and costs of the forfeiture	9407
and sale, including expenses of seizure, maintenance, and custody	9408
of the property pending its disposition, advertising, and court	9409
costs;	9410

(c) Except as otherwise provided in division (D)(2)(c) of	9411
this section, the remainder shall be paid to the law enforcement	9412
trust fund of the prosecuting attorney that is established	9413
pursuant to division (D)(1)(c) of section 2933.43 of the Revised	9414
Code and to the law enforcement trust fund of the county sheriff	9415
that is established pursuant to that division if the county	9416
sheriff substantially conducted the investigation, to the law	9417
enforcement trust fund of a municipal corporation that is	9418
established pursuant to that division if its police department	9419
substantially conducted the investigation, to the law enforcement	9420
trust fund of a township that is established pursuant to that	9421
division if the investigation was substantially conducted by a	9422
township police department, township police district police force,	9423
or office of a township constable, or to the law enforcement trust	9424
fund of a park district created pursuant to section 511.18 or	9425
1545.01 of the Revised Code that is established pursuant to that	9426
division if the investigation was substantially conducted by its	9427
park district police force or law enforcement department. The	9428
prosecuting attorney may decline to accept any of the remaining	9429
proceeds, fines, and penalties, and, if the prosecuting attorney	9430
so declines, they shall be applied to the fund described in	9431
division (D)(2)(c) of this section that relates to the appropriate	9432
law enforcement agency that substantially conducted the	9433
investigation.	9434

If the state highway patrol substantially conducted the	9435
investigation, the director of budget and management shall	9436
transfer the remaining proceeds, fines, and penalties to the state	9437
highway patrol for deposit into the highway patrol state	9438
contraband, forfeiture, and other fund that is created by division	9439
(D)(1)(c) of section 2933.43 of the Revised Code. If the division	9440
of forestry, the division of natural areas and preserves, the	9441
division of wildlife, the division of parks and recreation, or the	9442
division of watercraft in the department of natural resources	9443
substantially conducted the investigation, the director of natural	9444
resources shall transfer the remaining proceeds to the applicable	9445
division for deposit, respectively, into the applicable fund	9446
created by division (D)(1)(c) of section 2933.43 of the Revised	9447
Code as follows: the division of forestry law enforcement	9448
contraband, forfeiture, and other fund; the division of natural	9449
areas and preserves law enforcement contraband, forfeiture, and	9450
other fund; the division of wildlife law enforcement contraband,	9451
forfeiture, and other fund; the division of parks and recreation	9452
law enforcement contraband, forfeiture, and other fund; or the	9453
division of watercraft law enforcement contraband, forfeiture, and	9454
other fund. If the department of taxation substantially conducted	9455
the investigation, the director shall transfer the remaining	9456
proceeds, fines, and penalties to the department for deposit into	9457
the department of taxation enforcement fund. If the state board of	9458
pharmacy substantially conducted the investigation, the director	9459
shall transfer the remaining proceeds, fines, and penalties to the	9460
board for deposit into the board of pharmacy drug law enforcement	9461
fund that is created by division (B)(1) of section 4729.65 of the	9462
Revised Code. If a state law enforcement agency, other than the	9463
state highway patrol, the division of forestry, natural areas and	9464
preserves, wildlife, parks and recreation, or watercraft in the	9465
department of natural resources, the department of taxation, or	9466
the state board of pharmacy, substantially conducted the	9467
investigation, the director shall transfer the remaining proceeds,	9468
fines, and penalties to the treasurer of state for deposit into	9469
the peace officer training commission fund.	9470

The remaining proceeds, fines, and penalties that are paid to	9471
a law enforcement trust fund or that are deposited into the	9472
highway patrol state contraband, forfeiture, and other fund,; the	9473
division of forestry law enforcement contraband, forfeiture, and	9474
other fund; the division of natural areas and preserves law	9475
enforcement contraband, forfeiture, and other fund; the division	9476
of wildlife law enforcement contraband, forfeiture, and other	9477
fund; the division of parks and recreation law enforcement	9478
contraband, forfeiture, and other fund; the division of watercraft	9479
law enforcement contraband, forfeiture, and other fund; the	9480
department of taxation enforcement fund,; the board of pharmacy	9481
drug law enforcement fund,; or the peace officer training	9482
commission fund pursuant to division (D)(2)(c) of this section	9483
shall be allocated, used, and expended only in accordance with	9484
division (D)(1)(c) of section 2933.43 of the Revised Code, only in	9485
accordance with a written internal control policy adopted under	9486
division (D)(3) of that section, and, if applicable, only in	9487
accordance with division (B) of section 4729.65 of the Revised	9488
Code. The annual reports that pertain to the funds and that are	9489
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of	9490
the Revised Code also shall address the remaining proceeds, fines,	9491
and penalties that are paid or deposited into the funds pursuant	9492
to division (D)(2)(c) of this section.	9493

(3) If more than one law enforcement agency substantially	9494
conducted the investigation, the court ordering the forfeiture	9495
shall equitably divide the remaining proceeds, fines, and	9496
penalties among the law enforcement agencies that substantially	9497
conducted the investigation, in the manner described in division	9498
(D)(2) of section 2933.43 of the Revised Code for the equitable	9499
division of contraband proceeds and forfeited moneys. The	9500
equitable shares of the proceeds, fines, and penalties so	9501
determined by the court shall be paid or deposited into the	9502
appropriate funds specified in division (D)(2)(c) of this section.	9503

(E) As used in this section, "law enforcement agency"	9504
includes, but is not limited to, the state board of pharmacy and	9505
the department of taxation.	9506

Sec. 2933.43.  (A)(1) Except as provided in this division or	9507
in section 2913.34 or sections 2923.44 to 2923.47 or 2925.41 to	9508
2925.45 of the Revised Code, a law enforcement officer shall seize	9509
any contraband that has been, is being, or is intended to be used	9510
in violation of division (A) of section 2933.42 of the Revised	9511
Code. A law enforcement officer shall seize contraband that is a	9512
watercraft, motor vehicle, or aircraft and that has been, is	9513
being, or is intended to be used in violation of division (A) of	9514
section 2933.42 of the Revised Code only if the watercraft, motor	9515
vehicle, or aircraft is contraband because of its relationship to	9516
an underlying criminal offense that is a felony.	9517

Additionally, a law enforcement officer shall seize any	9518
watercraft, motor vehicle, aircraft, or other personal property	9519
that is classified as contraband under division (B) of section	9520
2933.42 of the Revised Code if the underlying offense involved in	9521
the violation of division (A) of that section that resulted in the	9522
watercraft, motor vehicle, aircraft, or personal property being	9523
classified as contraband, is a felony.	9524

(2) If a law enforcement officer seizes property that is	9525
titled or registered under law, including a motor vehicle,	9526
pursuant to division (A)(1) of this section, the officer or the	9527
officer's employing law enforcement agency shall notify the owner	9528
of the seizure. The notification shall be given to the owner at	9529
the owner's last known address within seventy-two hours after the	9530
seizure, and may be given orally by any means, including	9531
telephone, or by certified mail, return receipt requested.	9532

If the officer or the officer's agency is unable to provide	9533
the notice required by this division despite reasonable, good	9534
faith efforts to do so, the exercise of the reasonable, good faith	9535
efforts constitutes fulfillment of the notice requirement imposed	9536
by this division.	9537

(B)(1) A motor vehicle seized pursuant to division (A)(1) of	9538
this section and the contents of the vehicle may be retained for a	9539
reasonable period of time, not to exceed seventy-two hours, for	9540
the purpose of inspection, investigation, and the gathering of	9541
evidence of any offense or illegal use.	9542

At any time prior to the expiration of the seventy-two-hour	9543
period, the law enforcement agency that seized the motor vehicle	9544
may petition the court of common pleas of the county that has	9545
jurisdiction over the underlying criminal case or administrative	9546
proceeding involved in the forfeiture for an extension of the	9547
seventy-two-hour period if the motor vehicle or its contents are	9548
needed as evidence or if additional time is needed for the	9549
inspection, investigation, or gathering of evidence. Upon the	9550
filing of such a petition, the court immediately shall schedule a	9551
hearing to be held at a time as soon as possible after the filing,	9552
but in no event at a time later than the end of the next business	9553
day subsequent to the day on which the petition was filed, and	9554
upon scheduling the hearing, immediately shall notify the owner of	9555
the vehicle, at the address at which notification of the seizure	9556
was provided under division (A) of this section, of the date,	9557
time, and place of the hearing. If the court, at the hearing,	9558
determines that the vehicle or its contents, or both, are needed	9559
as evidence or that additional time is needed for the inspection,	9560
investigation, or gathering of evidence, the court may grant the	9561
petition and issue an order authorizing the retention of the	9562
vehicle or its contents, or both, for an extended period as	9563
specified by the court in its order. An order extending a period	9564
of retention issued under this division may be renewed.	9565

If no petition for the extension of the initial	9566
seventy-two-hour period has been filed, prior to the expiration of	9567
that period, under this division, if the vehicle was not in the	9568
custody and control of the owner at the time of its seizure, and	9569
if, at the end of that seventy-two-hour period, the owner of the	9570
vehicle has not been charged with an offense or administrative	9571
violation that includes the use of the vehicle as an element and	9572
has not been charged with any other offense or administrative	9573
violation in the actual commission of which the motor vehicle was	9574
used, the vehicle and its contents shall be released to its owner	9575
or the owner's agent, provided that the law enforcement agency	9576
that seized the vehicle may require proof of ownership of the	9577
vehicle, proof of ownership or legal possession of the contents,	9578
and an affidavit of the owner that the owner neither knew of nor	9579
expressly or impliedly consented to the use of the vehicle that	9580
resulted in its forfeiture as conditions precedent to release. If	9581
a petition for the extension of the initial seventy-two-hour	9582
period has been filed, prior to the expiration of that period,	9583
under this division but the court does not grant the petition, if	9584
the vehicle was not in the custody and control of the owner at the	9585
time of its seizure, and if, at the end of that seventy-two-hour	9586
period, the owner of the vehicle has not been charged with an	9587
offense or administrative violation that includes the use of the	9588
vehicle as an element and has not been charged with any other	9589
offense or administrative violation in the actual commission of	9590
which the motor vehicle was used, the vehicle and its contents	9591
shall be released to its owner or the owner's agent, provided that	9592
the court may require the proof and affidavit described in the	9593
preceding sentence as conditions precedent to release. If the	9594
initial seventy-two-hour period has been extended under this	9595
division, the vehicle and its contents to which the extension	9596
applies may be retained in accordance with the extension order.	9597
If, at the end of that extended period, the owner of the vehicle	9598
has not been charged with an offense or administrative violation	9599
that includes the use of the vehicle as an element and has not	9600
been charged with any other offense or administrative violation in	9601
the actual commission of which the motor vehicle was used, and if	9602
the vehicle was not in the custody and control of the owner at the	9603
time of its seizure, the vehicle and its contents shall be	9604
released to its owner or the owner's agent, provided that the	9605
court may require the proof and affidavit described in the third	9606
preceding sentence as conditions precedent to release. In cases in	9607
which the court may require proof and affidavits as conditions	9608
precedent to release, the court also may require the posting of a	9609
bond, with sufficient sureties approved by the court, in an amount	9610
equal to the value of the property to be released, as determined	9611
by the court, and conditioned upon the return of the property to	9612
the court if it is forfeited under this section, as a further	9613
condition to release. If, at the end of the initial	9614
seventy-two-hour period or at the end of any extended period	9615
granted under this section, the owner has been charged with an	9616
offense or administrative violation that includes the use of the	9617
vehicle as an element or has been charged with another offense or	9618
administrative violation in the actual commission of which the	9619
motor vehicle was used, or if the vehicle was in the custody and	9620
control of the owner at the time of its seizure, the vehicle and	9621
its contents shall be retained pending disposition of the charge,	9622
provided that upon the filing of a motion for release by the	9623
owner, if the court determines that the motor vehicle or its	9624
contents, or both, are not needed as evidence in the underlying	9625
criminal case or administrative proceeding, the court may permit	9626
the release of the property that is not needed as evidence to the	9627
owner; as a condition precedent to a release of that nature, the	9628
court may require the owner to execute a bond with the court. Any	9629
bond so required shall be in an amount equal to the value of the	9630
property to be released, as determined by the court, shall have	9631
sufficient sureties approved by the court, and shall be	9632
conditioned upon the return of the property to the court to which	9633
it is forfeited under this section.	9634

The final disposition of a motor vehicle seized pursuant to	9635
division (A)(1) of this section shall be determined in accordance	9636
with division (C) of this section.	9637

(2) Pending a hearing pursuant to division (C) of this	9638
section, and subject to divisions (B)(1) and (C) of this section,	9639
any property lawfully seized pursuant to division (A) of this	9640
section because it was contraband of a type described in division	9641
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section	9642
2901.01 of the Revised Code shall not be subject to replevin or	9643
other action in any court and shall not be subject to release upon	9644
request of the owner, and no judgment shall be enforced against	9645
the property. Pending the hearing, and subject to divisions (B)(1)	9646
and (C) of this section, the property shall be kept in the custody	9647
of the law enforcement agency responsible for its seizure.	9648

Pending a hearing pursuant to division (C) of this section,	9649
and notwithstanding any provisions of division (B)(1) or (C) of	9650
this section to the contrary, any property lawfully seized	9651
pursuant to division (A) of this section because it was contraband	9652
of a type described in division (A)(13)(a) or (c) of section	9653
2901.01 of the Revised Code shall not be subject to replevin or	9654
other action in any court and shall not be subject to release upon	9655
request of the owner, and no judgment shall be enforced against	9656
the property. Pending the hearing, and notwithstanding any	9657
provisions of division (B)(1) or (C) of this section to the	9658
contrary, the property shall be kept in the custody of the law	9659
enforcement agency responsible for its seizure.	9660

A law enforcement agency that seizes property under division	9661
(A) of this section because it was contraband of any type	9662
described in division (A)(13) of section 2901.01 or division (B)	9663
of section 2933.42 of the Revised Code shall maintain an accurate	9664
record of each item of property so seized, which record shall	9665
include the date on which each item was seized, the manner and	9666
date of its disposition, and if applicable, the name of the person	9667
who received the item; however, the record shall not identify or	9668
enable the identification of the individual officer who seized the	9669
item. The record of property of that nature that no longer is	9670
needed as evidence shall be open to public inspection during the	9671
agency's regular business hours. Each law enforcement agency that,	9672
during any calendar year, seizes property under division (A) of	9673
this section because it was contraband shall prepare a report	9674
covering the calendar year that cumulates all of the information	9675
contained in all of the records kept by the agency pursuant to	9676
this division for that calendar year, and shall send a copy of the	9677
cumulative report, no later than the first day of March in the	9678
calendar year following the calendar year covered by the report,	9679
to the attorney general. Each report received by the attorney	9680
general is a public record open for inspection under section	9681
149.43 of the Revised Code. Not later than the fifteenth day of	9682
April in the calendar year in which the reports are received, the	9683
attorney general shall send to the president of the senate and the	9684
speaker of the house of representatives a written notification	9685
that does all of the following:	9686

(a) Indicates that the attorney general has received from law	9687
enforcement agencies reports of the type described in this	9688
division that cover the previous calendar year and indicates that	9689
the reports were received under this division;	9690

(b) Indicates that the reports are open for inspection under	9691
section 149.43 of the Revised Code;	9692

(c) Indicates that the attorney general will provide a copy	9693
of any or all of the reports to the president of the senate or the	9694
speaker of the house of representatives upon request.	9695

(C) The prosecuting attorney, village solicitor, city	9696
director of law, or similar chief legal officer who has	9697
responsibility for the prosecution of the underlying criminal case	9698
or administrative proceeding, or the attorney general if the	9699
attorney general has that responsibility, shall file a petition	9700
for the forfeiture, to the seizing law enforcement agency of the	9701
contraband seized pursuant to division (A) of this section. The	9702
petition shall be filed in the court that has jurisdiction over	9703
the underlying criminal case or administrative proceeding involved	9704
in the forfeiture. If the property was seized on the basis of both	9705
a criminal violation and an administrative regulation violation,	9706
the petition shall be filed by the officer and in the court that	9707
is appropriate in relation to the criminal case.	9708

The petitioner shall conduct or cause to be conducted a	9709
search of the appropriate public records that relate to the seized	9710
property for the purpose of determining, and shall make or cause	9711
to be made reasonably diligent inquiries for the purpose of	9712
determining, any person having an ownership or security interest	9713
in the property. The petitioner then shall give notice of the	9714
forfeiture proceedings by personal service or by certified mail,	9715
return receipt requested, to any persons known, because of the	9716
conduct of the search, the making of the inquiries, or otherwise,	9717
to have an ownership or security interest in the property, and	9718
shall publish notice of the proceedings once each week for two	9719
consecutive weeks in a newspaper of general circulation in the	9720
county in which the seizure occurred. The notices shall be	9721
personally served, mailed, and first published at least four weeks	9722
before the hearing. They shall describe the property seized; state	9723
the date and place of seizure; name the law enforcement agency	9724
that seized the property and, if applicable, that is holding the	9725
property; list the time, date, and place of the hearing; and state	9726
that any person having an ownership or security interest in the	9727
property may contest the forfeiture.	9728

If the property seized was determined by the seizing law	9729
enforcement officer to be contraband because of its relationship	9730
to an underlying criminal offense or administrative violation, no	9731
forfeiture hearing shall be held under this section unless the	9732
person pleads guilty to or is convicted of the commission of, or	9733
an attempt or conspiracy to commit, the offense or a different	9734
offense arising out of the same facts and circumstances or unless	9735
the person admits or is adjudicated to have committed the	9736
administrative violation or a different violation arising out of	9737
the same facts and circumstances; a forfeiture hearing shall be	9738
held in a case of that nature no later than forty-five days after	9739
the conviction or the admission or adjudication of the violation,	9740
unless the time for the hearing is extended by the court for good	9741
cause shown. The owner of any property seized because of its	9742
relationship to an underlying criminal offense or administrative	9743
violation may request the court to release the property to the	9744
owner. Upon receipt of a request of that nature, if the court	9745
determines that the property is not needed as evidence in the	9746
underlying criminal case or administrative proceeding, the court	9747
may permit the release of the property to the owner. As a	9748
condition precedent to a release of that nature, the court may	9749
require the owner to execute a bond with the court. Any bond so	9750
required shall have sufficient sureties approved by the court,	9751
shall be in a sum equal to the value of the property, as	9752
determined by the court, and shall be conditioned upon the return	9753
of the property to the court if the property is forfeited under	9754
this section. Any property seized because of its relationship to	9755
an underlying criminal offense or administrative violation shall	9756
be returned to its owner if charges are not filed in relation to	9757
that underlying offense or violation within thirty days after the	9758
seizure, if charges of that nature are filed and subsequently are	9759
dismissed, or if charges of that nature are filed and the person	9760
charged does not plead guilty to and is not convicted of the	9761
offense or does not admit and is not found to have committed the	9762
violation.	9763

If the property seized was determined by the seizing law	9764
enforcement officer to be contraband other than because of a	9765
relationship to an underlying criminal offense or administrative	9766
violation, the forfeiture hearing under this section shall be held	9767
no later than forty-five days after the seizure, unless the time	9768
for the hearing is extended by the court for good cause shown.	9769

Where possible, a court holding a forfeiture hearing under	9770
this section shall follow the Rules of Civil Procedure. When a	9771
hearing is conducted under this section, property shall be	9772
forfeited upon a showing, by a preponderance of the evidence, by	9773
the petitioner that the person from which the property was seized	9774
was in violation of division (A) of section 2933.42 of the Revised	9775
Code. If that showing is made, the court shall issue an order of	9776
forfeiture. If an order of forfeiture is issued in relation to	9777
contraband that was released to the owner or the owner's agent	9778
pursuant to this division or division (B)(1) of this section, the	9779
order shall require the owner to deliver the property, by a	9780
specified date, to the law enforcement agency that employed the	9781
law enforcement officer who made the seizure of the property, and	9782
the court shall deliver a copy of the order to the owner or send a	9783
copy of it by certified mail, return receipt requested, to the	9784
owner at the address to which notice of the seizure was given	9785
under division (A)(2) of this section. Except as otherwise	9786
provided in this division, all rights, interest, and title to the	9787
forfeited contraband vests in the state, effective from the date	9788
of seizure.	9789

No property shall be forfeited pursuant to this division if	9790
the owner of the property establishes, by a preponderance of the	9791
evidence, that the owner neither knew, nor should have known after	9792
a reasonable inquiry, that the property was used, or was likely to	9793
be used, in a crime or administrative violation. No bona fide	9794
security interest shall be forfeited pursuant to this division if	9795
the holder of the interest establishes, by a preponderance of the	9796
evidence, that the holder of the interest neither knew, nor should	9797
have known after a reasonable inquiry, that the property was used,	9798
or likely to be used, in a crime or administrative violation, that	9799
the holder of the interest did not expressly or impliedly consent	9800
to the use of the property in a crime or administrative violation,	9801
and that the security interest was perfected pursuant to law prior	9802
to the seizure. If the holder of the interest satisfies the court	9803
that these requirements are met, the interest shall be preserved	9804
by the court. In a case of that nature, the court shall either	9805
order that the agency to which the property is forfeited reimburse	9806
the holder of the interest to the extent of the preserved interest	9807
or order that the holder be paid for the interest from the	9808
proceeds of any sale pursuant to division (D) of this section.	9809

(D)(1) Contraband ordered forfeited pursuant to this section	9810
shall be disposed of pursuant to divisions (D)(1) to (7) of	9811
section 2933.41 of the Revised Code or, if the contraband is not	9812
described in those divisions, may be used, with the approval of	9813
the court, by the law enforcement agency that has custody of the	9814
contraband pursuant to division (D)(8) of that section. In the	9815
case of contraband not described in any of those divisions and of	9816
contraband not disposed of pursuant to any of those divisions, the	9817
contraband shall be sold in accordance with this division or, in	9818
the case of forfeited moneys, disposed of in accordance with this	9819
division. If the contraband is to be sold, the prosecuting	9820
attorney shall cause a notice of the proposed sale of the	9821
contraband to be given in accordance with law, and the property	9822
shall be sold, without appraisal, at a public auction to the	9823
highest bidder for cash. The proceeds of a sale and forfeited	9824
moneys shall be applied in the following order:	9825

(a) First, to the payment of the costs incurred in connection	9826
with the seizure of, storage of, maintenance of, and provision of	9827
security for the contraband, the forfeiture proceeding, and, if	9828
any, the sale;	9829

(b) Second, the remaining proceeds or forfeited moneys after	9830
compliance with division (D)(1)(a) of this section, to the payment	9831
of the balance due on any security interest preserved pursuant to	9832
division (C) of this section;	9833

(c) Third, the remaining proceeds or forfeited moneys after	9834
compliance with divisions (D)(1)(a) and (b) of this section, as	9835
follows:	9836

(i) If the forfeiture was ordered in a juvenile court, ten	9837
per cent to one or more alcohol and drug addiction treatment	9838
programs that are certified by the department of alcohol and drug	9839
addiction services under section 3793.06 of the Revised Code and	9840
that are specified in the order of forfeiture. A juvenile court	9841
shall not certify an alcohol or drug addiction treatment program	9842
in the order of forfeiture unless the program is a certified	9843
alcohol and drug addiction treatment program and, except as	9844
provided in division (D)(1)(c)(i) of this section, unless the	9845
program is located in the county in which the court that orders	9846
the forfeiture is located or in a contiguous county. If no	9847
certified alcohol and drug addiction treatment program is located	9848
in any of those counties, the juvenile court may specify in the	9849
order a certified alcohol and drug addiction treatment program	9850
located anywhere within this state.	9851

(ii) If the forfeiture was ordered in a juvenile court,	9852
ninety per cent, and if the forfeiture was ordered in a court	9853
other than a juvenile court, one hundred per cent to the law	9854
enforcement trust fund of the prosecuting attorney and to the law	9855
enforcement trust fund of the county sheriff if the county sheriff	9856
made the seizure,; to the law enforcement trust fund of a	9857
municipal corporation if its police department made the seizure,;	9858
to the law enforcement trust fund of a township if the seizure was	9859
made by a township police department, township police district	9860
police force, or office of a township constable,; to the law	9861
enforcement trust fund of a park district created pursuant to	9862
section 511.18 or 1545.01 of the Revised Code if the seizure was	9863
made by the park district police force or law enforcement	9864
department,; to the highway patrol state contraband, forfeiture,	9865
and other fund if the state highway patrol made the seizure,; to	9866
the division of forestry law enforcement contraband, forfeiture,	9867
and other fund if the division of forestry in the department of	9868
natural resources made the seizure, to the division of natural	9869
areas and preserves law enforcement contraband, forfeiture, and	9870
other fund if the division of natural areas and preserves in that	9871
department made the seizure, to the division of wildlife law	9872
enforcement contraband, forfeiture, and other fund if the division	9873
of wildlife in that department made the seizure, to the division	9874
of parks and recreation law enforcement contraband, forfeiture,	9875
and other fund if the division of parks and recreation in that	9876
department made the seizure, or to the division of watercraft law	9877
enforcement contraband, forfeiture, and other fund if the division	9878
of watercraft in that department made the seizure; to the	9879
department of public safety investigative unit contraband,	9880
forfeiture, and other fund if the investigative unit of the	9881
department of public safety made the seizure,; to the department	9882
of taxation enforcement fund if the department of taxation made	9883
the seizure,; to the board of pharmacy drug law enforcement fund	9884
created by division (B)(1) of section 4729.65 of the Revised Code	9885
if the board made the seizure,; or to the treasurer of state for	9886
deposit into the peace officer training commission fund if a state	9887
law enforcement agency, other than the state highway patrol, the	9888
division of forestry, natural areas and preserves, wildlife, parks	9889
and recreation, or watercraft in the department of natural	9890
resources, the investigative unit of the department of public	9891
safety, the enforcement division of the department of taxation, or	9892
the state board of pharmacy, made the seizure. The prosecuting	9893
attorney may decline to accept any of the remaining proceeds or	9894
forfeited moneys, and, if the prosecuting attorney so declines,	9895
the remaining proceeds or forfeited moneys shall be applied to the	9896
fund described in this division that relates to the law	9897
enforcement agency that made the seizure.	9898

A law enforcement trust fund shall be established by the	9899
prosecuting attorney of each county who intends to receive any	9900
remaining proceeds or forfeited moneys pursuant to this division,	9901
by the sheriff of each county, by the legislative authority of	9902
each municipal corporation, by the board of township trustees of	9903
each township that has a township police department, township	9904
police district police force, or office of the constable, and by	9905
the board of park commissioners of each park district created	9906
pursuant to section 511.18 or 1545.01 of the Revised Code that has	9907
a park district police force or law enforcement department, for	9908
the purposes of this division. There is hereby created in the	9909
state treasury the highway patrol state contraband, forfeiture,	9910
and other fund,; the division of forestry law enforcement	9911
contraband, forfeiture, and other fund; the division of natural	9912
areas and preserves law enforcement contraband, forfeiture, and	9913
other fund; the division of wildlife law enforcement contraband,	9914
forfeiture, and other fund; the division of parks and recreation	9915
law enforcement contraband, forfeiture, and other fund; the	9916
division of watercraft law enforcement contraband, forfeiture, and	9917
other fund; the department of public safety investigative unit	9918
contraband, forfeiture, and other fund,; the department of	9919
taxation enforcement fund,; and the peace officer training	9920
commission fund, for the purposes described in this division.	9921

Proceeds or forfeited moneys distributed to any municipal	9922
corporation, township, or park district law enforcement trust fund	9923
shall be allocated from the fund by the legislative authority only	9924
to the police department of the municipal corporation, by the	9925
board of township trustees only to the township police department,	9926
township police district police force, or office of the constable,	9927
and by the board of park commissioners only to the park district	9928
police force or law enforcement department.	9929

Additionally, no proceeds or forfeited moneys shall be	9930
allocated to or used by the state highway patrol, the division of	9931
forestry, natural areas and preserves, wildlife, parks and	9932
recreation, or watercraft in the department of natural resources,	9933
the department of public safety, the department of taxation, the	9934
state board of pharmacy, or a county sheriff, prosecuting	9935
attorney, municipal corporation police department, township police	9936
department, township police district police force, office of the	9937
constable, or park district police force or law enforcement	9938
department unless the state highway patrol, division of forestry,	9939
natural areas and preserves, wildlife, parks and recreation, or	9940
watercraft in the department of natural resources, department of	9941
public safety, department of taxation, state board of pharmacy,	9942
sheriff, prosecuting attorney, municipal corporation police	9943
department, township police department, township police district	9944
police force, office of the constable, or park district police	9945
force or law enforcement department has adopted a written internal	9946
control policy under division (D)(3) of this section that	9947
addresses the use of moneys received from the highway patrol state	9948
contraband, forfeiture, and other fund,; the division of forestry	9949
law enforcement contraband, forfeiture, and other fund; the	9950
division of natural areas and preserves law enforcement	9951
contraband, forfeiture, and other fund; the division of wildlife	9952
law enforcement contraband, forfeiture, and other fund; the	9953
division of parks and recreation law enforcement contraband,	9954
forfeiture, and other fund; the division of watercraft law	9955
enforcement contraband, forfeiture, and other fund; the department	9956
of public safety investigative unit contraband, forfeiture, and	9957
other fund,; the department of taxation enforcement fund,; the	9958
board of pharmacy drug law enforcement fund,; or the appropriate	9959
law enforcement trust fund.	9960

The highway patrol state contraband, forfeiture, and other	9961
fund,; the division of forestry law enforcement contraband,	9962
forfeiture, and other fund; the division of natural areas and	9963
preserves law enforcement contraband, forfeiture, and other fund;	9964
the division of wildlife law enforcement contraband, forfeiture,	9965
and other fund; the division of parks and recreation law	9966
enforcement contraband, forfeiture, and other fund; the division	9967
of watercraft law enforcement contraband, forfeiture, and other	9968
fund; the department of public safety investigative unit	9969
contraband, forfeiture, and other fund,; the department of	9970
taxation enforcement fund,; and a law enforcement trust fund shall	9971
be expended only in accordance with the written internal control	9972
policy so adopted by the recipient, and, subject to the	9973
requirements specified in division (D)(3)(a)(ii) of this section,	9974
only to pay the costs of protracted or complex investigations or	9975
prosecutions, to provide reasonable technical training or	9976
expertise, to provide matching funds to obtain federal grants to	9977
aid law enforcement, in the support of DARE programs or other	9978
programs designed to educate adults or children with respect to	9979
the dangers associated with the use of drugs of abuse, to pay the	9980
costs of emergency action taken under section 3745.13 of the	9981
Revised Code relative to the operation of an illegal	9982
methamphetamine laboratory if the forfeited property or money	9983
involved was that of a person responsible for the operation of the	9984
laboratory, or for other law enforcement purposes that the	9985
superintendent of the state highway patrol, division of forestry,	9986
natural areas and preserves, wildlife, parks and recreation, or	9987
watercraft in the department of natural resources, department of	9988
public safety, department of taxation, prosecuting attorney,	9989
county sheriff, legislative authority, board of township trustees,	9990
or board of park commissioners determines to be appropriate. The	9991
board of pharmacy drug law enforcement fund shall be expended only	9992
in accordance with the written internal control policy so adopted	9993
by the board and only in accordance with section 4729.65 of the	9994
Revised Code, except that it also may be expended to pay the costs	9995
of emergency action taken under section 3745.13 of the Revised	9996
Code relative to the operation of an illegal methamphetamine	9997
laboratory if the forfeited property or money involved was that of	9998
a person responsible for the operation of the laboratory. The	9999
highway patrol state contraband, forfeiture, and other fund,; the	10000
division of forestry law enforcement contraband, forfeiture, and	10001
other fund; the division of natural areas and preserves law	10002
enforcement contraband, forfeiture, and other fund; the division	10003
of wildlife law enforcement contraband, forfeiture, and other	10004
fund; the division of parks and recreation law enforcement	10005
contraband, forfeiture, and other fund; the division of watercraft	10006
law enforcement contraband, forfeiture, and other fund; the	10007
department of public safety investigative unit contraband,	10008
forfeiture, and other fund,; the department of taxation	10009
enforcement fund,; the board of pharmacy drug law enforcement	10010
fund,; and a law enforcement trust fund shall not be used to meet	10011
the operating costs of the state highway patrol, of the division	10012
of forestry, natural areas and preserves, wildlife, parks and	10013
recreation, or watercraft in the department of natural resources,	10014
of the investigative unit of the department of public safety, of	10015
the department of taxation enforcement division, of the state	10016
board of pharmacy, of any political subdivision, or of any office	10017
of a prosecuting attorney or county sheriff that are unrelated to	10018
law enforcement. In addition, the division of forestry, natural	10019
areas and preserves, wildlife, parks and recreation, or watercraft	10020
in the department of natural resources shall not use the division	10021
of forestry law enforcement contraband, forfeiture, and other	10022
fund; the division of natural areas and preserves law enforcement	10023
contraband, forfeiture, and other fund; the division of wildlife	10024
law enforcement contraband, forfeiture, and other fund; the	10025
division of parks and recreation law enforcement contraband,	10026
forfeiture, and other fund; or the division of watercraft law	10027
enforcement contraband, forfeiture, and other fund to pay the	10028
salaries of employees of the applicable division or to provide for	10029
any other remuneration of personnel.	10030

Proceeds and forfeited moneys that are paid into the state	10031
treasury to be deposited into the peace officer training	10032
commission fund shall be used by the commission only to pay the	10033
costs of peace officer training.	10034

Any sheriff or prosecuting attorney who receives proceeds or	10035
forfeited moneys pursuant to this division during any calendar	10036
year shall file a report with the county auditor, no later than	10037
the thirty-first day of January of the next calendar year,	10038
verifying that the proceeds and forfeited moneys were expended	10039
only for the purposes authorized by this division and division	10040
(D)(3)(a)(ii) of this section and specifying the amounts expended	10041
for each authorized purpose. Any	10042

Any municipal corporation police department that is allocated	10043
proceeds or forfeited moneys from a municipal corporation law	10044
enforcement trust fund pursuant to this division during any	10045
calendar year shall file a report with the legislative authority	10046
of the municipal corporation, no later than the thirty-first day	10047
of January of the next calendar year, verifying that the proceeds	10048
and forfeited moneys were expended only for the purposes	10049
authorized by this division and division (D)(3)(a)(ii) of this	10050
section and specifying the amounts expended for each authorized	10051
purpose. Any	10052

Any township police department, township police district	10053
police force, or office of the constable that is allocated	10054
proceeds or forfeited moneys from a township law enforcement trust	10055
fund pursuant to this division during any calendar year shall file	10056
a report with the board of township trustees of the township, no	10057
later than the thirty-first day of January of the next calendar	10058
year, verifying that the proceeds and forfeited moneys were	10059
expended only for the purposes authorized by this division and	10060
division (D)(3)(a)(ii) of this section and specifying the amounts	10061
expended for each authorized purpose. Any	10062

Any park district police force or law enforcement department	10063
that is allocated proceeds or forfeited moneys from a park	10064
district law enforcement trust fund pursuant to this division	10065
during any calendar year shall file a report with the board of	10066
park commissioners of the park district, no later than the	10067
thirty-first day of January of the next calendar year, verifying	10068
that the proceeds and forfeited moneys were expended only for the	10069
purposes authorized by this division and division (D)(3)(a)(ii) of	10070
this section and specifying the amounts expended for each	10071
authorized purpose. The	10072

The superintendent of the state highway patrol shall file a	10073
report with the attorney general, no later than the thirty-first	10074
day of January of each calendar year, verifying that proceeds and	10075
forfeited moneys paid into the highway patrol state contraband,	10076
forfeiture, and other fund pursuant to this division during the	10077
prior calendar year were used by the state highway patrol during	10078
the prior calendar year only for the purposes authorized by this	10079
division and specifying the amounts expended for each authorized	10080
purpose. The	10081

The chiefs of the divisions of forestry, natural areas and	10082
preserves, wildlife, parks and recreation, and watercraft in the	10083
department of natural resources each shall file a report with the	10084
attorney general, not later than the thirty-first day of January	10085
of each calendar year, verifying that proceeds and forfeited	10086
moneys paid into the division of forestry law enforcement	10087
contraband, forfeiture, and other fund, the division of natural	10088
areas and preserves law enforcement contraband, forfeiture, and	10089
other fund, the division of wildlife law enforcement contraband,	10090
forfeiture, and other fund, the division of parks and recreation	10091
law enforcement contraband, forfeiture, and other fund, and the	10092
division of watercraft law enforcement contraband, forfeiture, and	10093
other fund, respectively, pursuant to this division during the	10094
prior calendar year were used by the appropriate division in the	10095
department of natural resources during the prior calendar year	10096
only for the purposes authorized by this division and specifying	10097
the amounts expended for each authorized purpose.	10098

The executive director of the state board of pharmacy shall	10099
file a report with the attorney general, no later than the	10100
thirty-first day of January of each calendar year, verifying that	10101
proceeds and forfeited moneys paid into the board of pharmacy drug	10102
law enforcement fund during the prior calendar year were used only	10103
in accordance with section 4729.65 of the Revised Code and	10104
specifying the amounts expended for each authorized purpose. The	10105

The peace officer training commission shall file a report	10106
with the attorney general, no later than the thirty-first day of	10107
January of each calendar year, verifying that proceeds and	10108
forfeited moneys paid into the peace officer training commission	10109
fund pursuant to this division during the prior calendar year were	10110
used by the commission during the prior calendar year only to pay	10111
the costs of peace officer training and specifying the amount used	10112
for that purpose.	10113

The tax commissioner shall file a report with the attorney	10114
general, not later than the thirty-first day of January of each	10115
calendar year, verifying that proceeds and forfeited moneys paid	10116
into the department of taxation enforcement fund pursuant to this	10117
division during the prior calendar year were used by the	10118
enforcement division during the prior calendar year to pay only	10119
the costs of enforcing the tax laws and specifying the amount used	10120
for that purpose.	10121

(2) If more than one law enforcement agency is substantially	10122
involved in the seizure of contraband that is forfeited pursuant	10123
to this section, the court ordering the forfeiture shall equitably	10124
divide the proceeds or forfeited moneys, after calculating any	10125
distribution to the law enforcement trust fund of the prosecuting	10126
attorney pursuant to division (D)(1)(c) of this section, among any	10127
county sheriff whose office is determined by the court to be	10128
substantially involved in the seizure, any legislative authority	10129
of a municipal corporation whose police department is determined	10130
by the court to be substantially involved in the seizure, any	10131
board of township trustees whose law enforcement agency is	10132
determined by the court to be substantially involved in the	10133
seizure, any board of park commissioners of a park district whose	10134
police force or law enforcement department is determined by the	10135
court to be substantially involved in the seizure, the state board	10136
of pharmacy if it is determined by the court to be substantially	10137
involved in the seizure, the division of forestry, natural areas	10138
and preserves, wildlife, parks and recreation, or watercraft in	10139
the department of natural resources if it is determined by the	10140
court to be substantially involved in the seizure, the	10141
investigative unit of the department of public safety if it is	10142
determined by the court to be substantially involved in the	10143
seizure, the enforcement division of the department of taxation if	10144
it is determined by the court to be substantially involved in the	10145
seizure and the state highway patrol if it is determined by the	10146
court to be substantially involved in the seizure. The proceeds or	10147
forfeited moneys shall be deposited in the respective law	10148
enforcement trust funds of the county sheriff, municipal	10149
corporation, township, and park district,; the board of pharmacy	10150
drug law enforcement fund,; the division of forestry law	10151
enforcement contraband, forfeiture, and other fund; the division	10152
of natural areas and preserves law enforcement contraband,	10153
forfeiture, and other fund; the division of wildlife law	10154
enforcement contraband, forfeiture, and other fund; the division	10155
of parks and recreation law enforcement contraband, forfeiture,	10156
and other fund; the division of watercraft law enforcement	10157
contraband, forfeiture, and other fund; the department of public	10158
safety investigative unit contraband, forfeiture, and other fund,;	10159
the department of taxation enforcement fund,; or the highway	10160
patrol state contraband, forfeiture, and other fund, in accordance	10161
with division (D)(1)(c) of this section. If a state law	10162
enforcement agency, other than the state highway patrol, the	10163
investigative unit of the department of public safety, the	10164
department of taxation, the division of forestry, natural areas	10165
and preserves, wildlife, parks and recreation, or watercraft in	10166
the department of natural resources, or the state board of	10167
pharmacy, is determined by the court to be substantially involved	10168
in the seizure, the state agency's equitable share of the proceeds	10169
and forfeited moneys shall be paid to the treasurer of state for	10170
deposit into the peace officer training commission fund.	10171

(3)(a)(i) Prior to being allocated or using any proceeds or	10172
forfeited moneys out of the highway patrol state contraband,	10173
forfeiture, and other fund,; the division of forestry law	10174
enforcement contraband, forfeiture, and other fund; the division	10175
of natural areas and preserves law enforcement contraband,	10176
forfeiture, and other fund; the division of wildlife law	10177
enforcement contraband, forfeiture, and other fund; the division	10178
of parks and recreation law enforcement contraband, forfeiture,	10179
and other fund; the division of watercraft law enforcement	10180
contraband, forfeiture, and other fund; the department of public	10181
safety investigative unit contraband, forfeiture, and other fund,;	10182
the department of taxation enforcement fund,; the board of	10183
pharmacy drug law enforcement fund,; or a law enforcement trust	10184
fund under division (D)(1)(c) of this section, the state highway	10185
patrol, the division of forestry, natural areas and preserves,	10186
wildlife, parks and recreation, or watercraft in the department of	10187
natural resources, the department of public safety, the department	10188
of taxation, the state board of pharmacy, and a county sheriff,	10189
prosecuting attorney, municipal corporation police department,	10190
township police department, township police district police force,	10191
office of the constable, or park district police force or law	10192
enforcement department shall adopt a written internal control	10193
policy that addresses the state highway patrol's, division of	10194
forestry's, division of natural areas and preserves', division of	10195
wildlife's, division of parks and recreation's, division of	10196
watercraft's, department of public safety's, department of	10197
taxation's, state board of pharmacy's, sheriff's, prosecuting	10198
attorney's, police department's, police force's, office of the	10199
constable's, or law enforcement department's use and disposition	10200
of all the proceeds and forfeited moneys received and that	10201
provides for the keeping of detailed financial records of the	10202
receipts of the proceeds and forfeited moneys, the general types	10203
of expenditures made out of the proceeds and forfeited moneys, the	10204
specific amount of each general type of expenditure, and the	10205
amounts, portions, and programs described in division	10206
(D)(3)(a)(ii) of this section. The policy shall not provide for or	10207
permit the identification of any specific expenditure that is made	10208
in an ongoing investigation.	10209

All financial records of the receipts of the proceeds and	10210
forfeited moneys, the general types of expenditures made out of	10211
the proceeds and forfeited moneys, the specific amount of each	10212
general type of expenditure by the state highway patrol, by the	10213
division of forestry, natural areas and preserves, wildlife, parks	10214
and recreation, or watercraft in the department of natural	10215
resources, by the department of public safety, by the department	10216
of taxation, by the state board of pharmacy, and by a sheriff,	10217
prosecuting attorney, municipal corporation police department,	10218
township police department, township police district police force,	10219
office of the constable, or park district police force or law	10220
enforcement department, and the amounts, portions, and programs	10221
described in division (D)(3)(a)(ii) of this section are public	10222
records open for inspection under section 149.43 of the Revised	10223
Code. Additionally, a written internal control policy adopted	10224
under this division is a public record of that nature, and the	10225
state highway patrol, the division of forestry, natural areas and	10226
preserves, wildlife, parks and recreation, or watercraft in the	10227
department of natural resources, the department of public safety,	10228
the department of taxation, the state board of pharmacy, or the	10229
sheriff, prosecuting attorney, municipal corporation police	10230
department, township police department, township police district	10231
police force, office of the constable, or park district police	10232
force or law enforcement department that adopted it shall comply	10233
with it.	10234

(ii) The written internal control policy of a county sheriff,	10235
prosecuting attorney, municipal corporation police department,	10236
township police department, township police district police force,	10237
office of the constable, or park district police force or law	10238
enforcement department shall provide that at least ten per cent of	10239
the first one hundred thousand dollars of proceeds and forfeited	10240
moneys deposited during each calendar year in the sheriff's,	10241
prosecuting attorney's, municipal corporation's, township's, or	10242
park district's law enforcement trust fund pursuant to division	10243
(B)(7)(c)(ii) of section 2923.46 or division (B)(8)(c)(ii) of	10244
section 2925.44 of the Revised Code, and at least twenty per cent	10245
of the proceeds and forfeited moneys exceeding one hundred	10246
thousand dollars that are so deposited, shall be used in	10247
connection with community preventive education programs. The	10248
manner in which the described percentages are so used shall be	10249
determined by the sheriff, prosecuting attorney, department,	10250
police force, or office of the constable after the receipt and	10251
consideration of advice on appropriate community preventive	10252
education programs from the county's board of alcohol, drug	10253
addiction, and mental health services, from the county's alcohol	10254
and drug addiction services board, or through appropriate	10255
community dialogue. The financial records described in division	10256
(D)(3)(a)(i) of this section shall specify the amount of the	10257
proceeds and forfeited moneys deposited during each calendar year	10258
in the sheriff's, prosecuting attorney's, municipal corporation's,	10259
township's, or park district's law enforcement trust fund pursuant	10260
to division (B)(7)(c)(ii) of section 2923.46 or division	10261
(B)(8)(c)(ii) of section 2925.44 of the Revised Code, the portion	10262
of that amount that was used pursuant to the requirements of this	10263
division, and the community preventive education programs in	10264
connection with which the portion of that amount was so used.	10265

As used in this division, "community preventive education	10266
programs" includes, but is not limited to, DARE programs and other	10267
programs designed to educate adults or children with respect to	10268
the dangers associated with the use of drugs of abuse.	10269

(b) Each sheriff, prosecuting attorney, municipal corporation	10270
police department, township police department, township police	10271
district police force, office of the constable, or park district	10272
police force or law enforcement department that receives in any	10273
calendar year any proceeds or forfeited moneys out of a law	10274
enforcement trust fund under division (D)(1)(c) of this section or	10275
uses any proceeds or forfeited moneys in its law enforcement trust	10276
fund in any calendar year shall prepare a report covering the	10277
calendar year that cumulates all of the information contained in	10278
all of the public financial records kept by the sheriff,	10279
prosecuting attorney, municipal corporation police department,	10280
township police department, township police district police force,	10281
office of the constable, or park district police force or law	10282
enforcement department pursuant to division (D)(3)(a) of this	10283
section for that calendar year, and shall send a copy of the	10284
cumulative report, no later than the first day of March in the	10285
calendar year following the calendar year covered by the report,	10286
to the attorney general.	10287

The superintendent of the state highway patrol shall prepare	10288
a report covering each calendar year in which the state highway	10289
patrol uses any proceeds or forfeited moneys in the highway	10290
patrol state contraband, forfeiture, and other fund under division	10291
(D)(1)(c) of this section, that cumulates all of the information	10292
contained in all of the public financial records kept by the state	10293
highway patrol pursuant to division (D)(3)(a) of this section for	10294
that calendar year, and shall send a copy of the cumulative	10295
report, no later than the first day of March in the calendar year	10296
following the calendar year covered by the report, to the attorney	10297
general.	10298

The chiefs of the divisions of forestry, natural areas and	10299
preserves, wildlife, parks and recreation, and watercraft in the	10300
department of natural resources each shall prepare a report	10301
covering each calendar year in which the division of forestry,	10302
natural areas and preserves, wildlife, parks and recreation, or	10303
watercraft in the department of natural resources, respectively,	10304
uses any proceeds or forfeited moneys in the division of forestry	10305
contraband, forfeiture, and other fund, the division of natural	10306
areas and preserves law enforcement contraband, forfeiture, and	10307
other fund, the division of wildlife law enforcement contraband,	10308
forfeiture, and other fund, the division of parks and recreation	10309
law enforcement contraband, forfeiture, and other fund, or the	10310
division of watercraft law enforcement contraband, forfeiture, and	10311
other fund, respectively, under division (D)(1)(c) of this section	10312
that cumulates all of the information contained in all of the	10313
public financial records kept by the appropriate division of the	10314
department of natural resources pursuant to division (D)(3)(a) of	10315
this section for that calendar year and shall send a copy of the	10316
cumulative report, not later than the first day of March in the	10317
calendar year following the calendar year covered by the report,	10318
to the attorney general.	10319

The department of public safety shall prepare a report	10320
covering each fiscal year in which the department uses any	10321
proceeds or forfeited moneys in the department of public safety	10322
investigative unit contraband, forfeiture, and other fund under	10323
division (D)(1)(c) of this section that cumulates all of the	10324
information contained in all of the public financial records kept	10325
by the department pursuant to division (D)(3)(a) of this section	10326
for that fiscal year. The department shall send a copy of the	10327
cumulative report to the attorney general no later than the first	10328
day of August in the fiscal year following the fiscal year covered	10329
by the report. The director of public safety shall include in the	10330
report a verification that proceeds and forfeited moneys paid into	10331
the department of public safety investigative unit contraband,	10332
forfeiture, and other fund under division (D)(1)(c) of this	10333
section during the preceding fiscal year were used by the	10334
department during that fiscal year only for the purposes	10335
authorized by that division and shall specify the amount used for	10336
each authorized purpose.	10337

The tax commissioner shall prepare a report covering each	10338
calendar year in which the department of taxation enforcement	10339
division uses any proceeds or forfeited moneys in the department	10340
of taxation enforcement fund under division (D)(1)(c) of this	10341
section, that cumulates all of the information contained in all of	10342
the public financial records kept by the department of taxation	10343
enforcement division pursuant to division (D)(3)(a) of this	10344
section for that calendar year, and shall send a copy of the	10345
cumulative report, not later than the first day of March in the	10346
calendar year following the calendar year covered by the report,	10347
to the attorney general.	10348

The executive director of the state board of pharmacy shall	10349
prepare a report covering each calendar year in which the board	10350
uses any proceeds or forfeited moneys in the board of pharmacy	10351
drug law enforcement fund under division (D)(1)(c) of this	10352
section, that cumulates all of the information contained in all of	10353
the public financial records kept by the board pursuant to	10354
division (D)(3)(a) of this section for that calendar year, and	10355
shall send a copy of the cumulative report, no later than the	10356
first day of March in the calendar year following the calendar	10357
year covered by the report, to the attorney general. Each	10358

Each report received by the attorney general is a public	10359
record open for inspection under section 149.43 of the Revised	10360
Code. Not later than the fifteenth day of April in the calendar	10361
year in which the reports are received, the attorney general shall	10362
send to the president of the senate and the speaker of the house	10363
of representatives a written notification that does all of the	10364
following:	10365

(i) Indicates that the attorney general has received from	10366
entities or persons specified in this division reports of the type	10367
described in this division that cover the previous calendar year	10368
and indicates that the reports were received under this division;	10369

(ii) Indicates that the reports are open for inspection under	10370
section 149.43 of the Revised Code;	10371

(iii) Indicates that the attorney general will provide a copy	10372
of any or all of the reports to the president of the senate or the	10373
speaker of the house of representatives upon request.	10374

(4)(a) A law enforcement agency that receives pursuant to	10375
federal law proceeds from a sale of forfeited contraband, proceeds	10376
from another disposition of forfeited contraband, or forfeited	10377
contraband moneys shall deposit, use, and account for the proceeds	10378
or forfeited moneys in accordance with, and otherwise comply with,	10379
the applicable federal law.	10380

(b)(i) If the state highway patrol receives from the United	10381
States department of justice pursuant to federal law proceeds from	10382
a sale of forfeited contraband, proceeds from another disposition	10383
of forfeited contraband, or forfeited contraband moneys, the	10384
appropriate governmental officials shall deposit the proceeds into	10385
the highway patrol justice contraband fund, which is hereby	10386
created in the state treasury. All interest or other earnings	10387
derived from the investment of the proceeds or forfeited moneys	10388
shall be credited to the fund. The state highway patrol shall use	10389
and account for that interest or other earnings in accordance with	10390
the applicable federal law.	10391

(ii) If the state highway patrol receives from the United	10392
States department of the treasury pursuant to federal law proceeds	10393
from a sale of forfeited contraband, proceeds from another	10394
disposition of forfeited contraband, or forfeited contraband	10395
moneys, the appropriate governmental officials shall deposit the	10396
proceeds into the highway patrol treasury contraband fund, which	10397
is hereby created in the state treasury. All interest or other	10398
earnings derived from the investment of the proceeds or forfeited	10399
moneys shall be credited to the fund. The state highway patrol	10400
shall use and account for that interest or other earnings in	10401
accordance with the applicable federal law.	10402

(c) If the chief of the division of forestry, natural areas	10403
and preserves, wildlife, parks and recreation, or watercraft in	10404
the department of natural resources receives pursuant to federal	10405
law proceeds from a sale of forfeited contraband, proceeds from	10406
another disposition of forfeited contraband, or forfeited	10407
contraband moneys, the appropriate government officials shall	10408
deposit into the division of forestry law enforcement contraband,	10409
forfeiture, and other fund, the division of natural areas and	10410
preserves law enforcement contraband, forfeiture, and other fund,	10411
the division of wildlife law enforcement contraband, forfeiture,	10412
and other fund, the division of parks and recreation law	10413
enforcement contraband, forfeiture, and other fund, or the	10414
division of watercraft law enforcement contraband, forfeiture, and	10415
other fund, as appropriate, all interest or other earnings derived	10416
from the investment of the proceeds or forfeited moneys. The	10417
appropriate division shall use and account for that interest or	10418
other earnings in accordance with the applicable federal law.	10419

(d) If the investigative unit of the department of public	10420
safety receives pursuant to federal law proceeds from a sale of	10421
forfeited contraband, proceeds from another disposition of	10422
forfeited contraband, or forfeited contraband moneys, the	10423
appropriate governmental officials shall deposit the proceeds into	10424
the department of public safety investigative unit federal	10425
equitable share account fund, which is hereby created in the state	10426
treasury. All interest or other earnings derived from the	10427
investment of the proceeds or forfeited moneys shall be credited	10428
to the fund. The department shall use and account for that	10429
interest or other earnings in accordance with the applicable	10430
federal law.	10431

(d)(e) If the tax commissioner receives pursuant to federal	10432
law proceeds from a sale of forfeited contraband, proceeds from	10433
another disposition of forfeited contraband, or forfeited	10434
contraband moneys, the appropriate governmental officials shall	10435
deposit into the department of taxation enforcement fund all	10436
interest or other earnings derived from the investment of the	10437
proceeds or forfeited moneys. The department shall use and account	10438
for that interest or other earnings in accordance with the	10439
applicable federal law.	10440

(e)(f) Divisions (D)(1) to (3) of this section do not apply	10441
to proceeds or forfeited moneys received pursuant to federal law	10442
or to the interest or other earnings that are derived from the	10443
investment of proceeds or forfeited moneys received pursuant to	10444
federal law and that are described in division (D)(4)(b) of this	10445
section.	10446

(E) Upon the sale pursuant to this section of any property	10447
that is required to be titled or registered under law, the state	10448
shall issue an appropriate certificate of title or registration to	10449
the purchaser. If the state is vested with title pursuant to	10450
division (C) of this section and elects to retain property that is	10451
required to be titled or registered under law, the state shall	10452
issue an appropriate certificate of title or registration.	10453

(F) Notwithstanding any provisions of this section to the	10454
contrary, any property that is lawfully seized in relation to a	10455
violation of section 2923.32 of the Revised Code shall be subject	10456
to forfeiture and disposition in accordance with sections 2923.32	10457
to 2923.36 of the Revised Code; any property that is forfeited	10458
pursuant to section 2923.44 or 2923.45 of the Revised Code in	10459
relation to a violation of section 2923.42 of the Revised Code or	10460
in relation to an act of a juvenile that is a violation of section	10461
2923.42 of the Revised Code may be subject to forfeiture and	10462
disposition in accordance with sections 2923.44 to 2923.47 of the	10463
Revised Code; and any property that is forfeited pursuant to	10464
section 2925.42 or 2925.43 of the Revised Code in relation to a	10465
felony drug abuse offense, as defined in section 2925.01 of the	10466
Revised Code, or in relation to an act that, if committed by an	10467
adult, would be a felony drug abuse offense of that nature, may be	10468
subject to forfeiture and disposition in accordance with sections	10469
2925.41 to 2925.45 of the Revised Code or this section.	10470

(G) Any failure of a law enforcement officer or agency, a	10471
prosecuting attorney, village solicitor, city director of law, or	10472
similar chief legal officer, a court, or the attorney general to	10473
comply with any duty imposed by this section in relation to any	10474
property seized or with any other provision of this section in	10475
relation to any property seized does not affect the validity of	10476
the seizure of the property, provided that the seizure itself was	10477
made in accordance with law, and is not and shall not be	10478
considered to be the basis for the suppression of any evidence	10479
resulting from the seizure of the property, provided that the	10480
seizure itself was made in accordance with law.	10481

(H) Contraband that has been forfeited pursuant to division	10482
(C) of this section shall not be available for use to pay any fine	10483
imposed upon a person who is convicted of or pleads guilty to an	10484
underlying criminal offense or a different offense arising out of	10485
the same facts and circumstances.	10486

Sec. 4115.04.  (A)(1) Every public authority authorized to	10487
contract for or construct with its own forces a public	10488
improvement, before advertising for bids or undertaking such	10489
construction with its own forces, shall have the director of	10490
commerce determine the prevailing rates of wages of mechanics and	10491
laborers in accordance with section 4115.05 of the Revised Code	10492
for the class of work called for by the public improvement, in the	10493
locality where the work is to be performed. SuchExcept as	10494
provided in division (A)(2) of this section, that schedule of	10495
wages shall be attached to and made part of the specifications for	10496
the work, and shall be printed on the bidding blanks where the	10497
work is done by contract. A copy of the bidding blank shall be	10498
filed with the director before suchthe contract is awarded. A	10499
minimum rate of wages for common laborers, on work coming under	10500
the jurisdiction of the department of transportation, shall be	10501
fixed in each county of the state by saidthe department of	10502
transportation, in accordance with section 4115.05 of the Revised	10503
Code.	10504

(2) In the case of contracts that are administered by the	10505
department of natural resources, the director of natural resources	10506
or the director's designee shall include language in the contracts	10507
requiring wage rate determinations and updates to be obtained	10508
directly from the department of commerce through electronic or	10509
other means as appropriate. Contracts that include this	10510
requirement are exempt from the requirements established in	10511
division (A)(1) of this section that involve attaching the	10512
schedule of wages to the specifications for the work, making the	10513
schedule part of those specifications, and printing the schedule	10514
on the bidding blanks where the work is done by contract.	10515

(B) Sections 4115.03 to 4115.16 of the Revised Code do not	10516
apply to:	10517

(1) Public improvements in any case where the federal	10518
government or any of its agencies furnishes by loan or grant all	10519
or any part of the funds used in constructing such improvements,	10520
provided that the federal government or any of its agencies	10521
prescribes predetermined minimum wages to be paid to mechanics and	10522
laborers employed in the construction of such improvements;	10523

(2) A participant in a work activity, developmental activity,	10524
or an alternative work activity under sections 5107.40 to 5107.69	10525
of the Revised Code when a public authority directly uses the	10526
labor of the participant to construct a public improvement if the	10527
participant is not engaged in paid employment or subsidized	10528
employment pursuant to the activity;	10529

(3) Public improvements undertaken by, or under contract for,	10530
the board of education of any school district or the governing	10531
board of any educational service center;	10532

(4) Public improvements undertaken by, or under contract for,	10533
a county hospital operated pursuant to Chapter 339. of the Revised	10534
Code or a municipal hospital operated pursuant to Chapter 749. of	10535
the Revised Code if none of the funds used in constructing the	10536
improvements are the proceeds of bonds or other obligations which	10537
that are secured by the full faith and credit of the state, a	10538
county, a township, or a municipal corporation and none of the	10539
funds used in constructing the improvements, including funds used	10540
to repay any amounts borrowed to construct the improvements, are	10541
funds that have been appropriated for that purpose by the state, a	10542
board of county commissioners, a township, or a municipal	10543
corporation from funds generated by the levy of a tax;, provided,	10544
however, that a county hospital or municipal hospital may elect to	10545
apply sections 4115.03 to 4115.16 of the Revised Code to a public	10546
improvement undertaken by, or under contract for, the hospital.	10547

Sec. 5577.081. (A) Except when transferring unfinished	10548
aggregate material between facilities that are under the control	10549
of the same owner or operator that is subject to Chapter 1514. of	10550
the Revised Code or when unloading or loading finished aggregate	10551
product within a ten-mile radius of a surface mining operation	10552
that is permitted and regulated under that chapter, all vehicles	10553
entering or leaving such an operation that have a gross vehicle	10554
weight as defined in division (JJ) of section 4501.01 of the	10555
Revised Code that is in excess of sixty-six thousand pounds shall	10556
use the specific roads designated pursuant to sections 303.14 and	10557
303.141 or 519.14 and 519.141 of the Revised Code as the primary	10558
means of ingress to and egress from the facilities or operation.	10559

(B) The owner or operator of a surface mining operation that	10560
is permitted under Chapter 1514. of the Revised Code and that is	10561
subject to the use of specific roads as the primary means of	10562
ingress to and egress from the operation pursuant to sections	10563
303.14 and 303.141 or 519.14 and 519.141 of the Revised Code shall	10564
post a sign in a conspicuous location to inform the drivers of	10565
trucks entering and leaving the operation of the roads to use as	10566
the primary means of ingress to and egress from the operation.	10567

(C)(1) Whoever violates this section shall receive a written	10568
warning in such a manner that it becomes a part of the person's	10569
permanent record that is maintained by the bureau of motor	10570
vehicles and assists in monitoring violations of this section.	10571

(2) A person who commits a second offense within one year	10572
after committing the first offense is guilty of a minor	10573
misdemeanor.	10574

(3) A person who commits a third or subsequent offense within	10575
one year after committing the first offense is guilty of a	10576
misdemeanor of the fourth degree.	10577

(D) Fine money that is collected under division (C) of this	10578
section shall be deposited in the state treasury to the credit of	10579
the surface mining fund created in section 1514.06 of the Revised	10580
Code.	10581

Sec. 5749.02.  (A) For the purpose of providing revenue to	10582
administer the state's coal mining and reclamation regulatory	10583
program, to meet the environmental and resource management needs	10584
of this state, and to reclaim land affected by mining, an excise	10585
tax is hereby levied on the privilege of engaging in the severance	10586
of natural resources from the soil or water of this state. The tax	10587
shall be imposed upon the severer and shall be:	10588

(1) SevenTen and six-tenths cents per ton of coal;

10589

(2) Four cents per ton of salt;

10590

(3) Two cents per ton of limestone or dolomite;

10591

(4) Two cents per ton of sand and gravel;

10592

(5) Ten cents per barrel of oil;

10593

(6) Two and one-half cents per thousand cubic feet of natural	10594
gas;	10595

(7) One cent per ton of clay, sandstone or conglomerate,	10596
shale, gypsum, or quartzite;	10597

(8) Except as otherwise provided in this division or in rules	10598
adopted by the reclamation forfeiture fund advisory board under	10599
section 1513.182 of the Revised Code, an additional fourteen cents	10600
per ton of coal produced from an area under a coal mining and	10601
reclamation permit issued under Chapter 1513. of the Revised Code	10602
for which the performance security is provided under division	10603
(C)(2) of section 1513.08 of the Revised Code. If at the end of a	10604
fiscal biennium the balance of the reclamation forfeiture fund	10605
created in section 1513.18 of the Revised Code is equal to or	10606
greater than ten million dollars, the rate levied shall be twelve	10607
cents per ton. If at the end of a fiscal biennium the balance of	10608
the fund is equal to five million dollars, but less than ten	10609
million dollars, the rate levied shall be fourteen cents per ton.	10610
If at the end of a fiscal biennium the balance of the fund is less	10611
than five million dollars, the rate levied shall be sixteen cents	10612
per ton.	10613

(B) Of the moneys received by the treasurer of state from the	10614
tax levied in division (A)(1) of this section, six and	10615
three-tenthsfour and seventy-six-hundredths per cent shall be	10616
credited to the geological mapping fund created in section 1505.09	10617
of the Revised Code, fourteen and two-tenths per cent shall be	10618
credited to the reclamation forfeiture fund created in section	10619
1513.18 of the Revised Code, fifty-seven and nine-tenthseighty	10620
and ninety-five-hundredths per cent shall be credited to the coal	10621
mining administration and reclamation reserve fund created in	10622
section 1513.181 of the Revised Code, and the remainderfourteen	10623
and twenty-nine-hundredths per cent shall be credited to the	10624
unreclaimed lands fund created in section 1513.30 of the Revised	10625
Code. When, at any time during a fiscal year, the chief of the	10626
division of mineral resources management finds that the balance of	10627
the coal mining administration and reclamation reserve fund is	10628
below two million dollars, the chief shall certify that fact to	10629
the director of budget and management. Upon receipt of the chief's	10630
certification, the director shall direct the tax commissioner to	10631
instead credit to the coal mining administration and reclamation	10632
reserve fund during the remainder of the fiscal year for which the	10633
certification is made the fourteen and two-tenths per cent of the	10634
moneys collected from the tax levied in division (A)(1) of this	10635
section and otherwise required by this division to be credited to	10636
the reclamation forfeiture fund.	10637

Fifteen per cent of the moneys received by the treasurer of	10638
state from the tax levied in division (A)(2) of this section shall	10639
be credited to the geological mapping fund and the remainder shall	10640
be credited to the unreclaimed lands fund.	10641

Of the moneys received by the treasurer of state from the tax	10642
levied in divisions (A)(3) and (4) of this section, seven and	10643
five-tenths per cent shall be credited to the geological mapping	10644
fund, forty-two and five-tenths per cent shall be credited to the	10645
unreclaimed lands fund, and the remainder shall be credited to the	10646
surface mining fund created in section 1514.06 of the Revised	10647
Code.	10648

Of the moneys received by the treasurer of state from the tax	10649
levied in divisions (A)(5) and (6) of this section, ninety per	10650
cent shall be credited to the oil and gas well fund created in	10651
section 1509.02 of the Revised Code and ten per cent shall be	10652
credited to the geological mapping fund. All of the moneys	10653
received by the treasurer of state from the tax levied in division	10654
(A)(7) of this section shall be credited to the surface mining	10655
fund.	10656

All of the moneys received by the treasurer of state from the	10657
tax levied in division (A)(8) of this section shall be credited to	10658
the reclamation forfeiture fund.	10659

(C) For the purpose of paying the state's expenses for	10660
reclaiming mined lands that the operator failed to reclaim under a	10661
coal mining and reclamation permit issued under Chapter 1513. of	10662
the Revised Code, or under a surface mining permit issued under	10663
Chapter 1514. of the Revised Code, for which the operator's bond	10664
is not sufficient to pay the state's expense for reclamation,	10665
there is hereby levied an excise tax on the privilege of engaging	10666
in the severance of coal from the soil or water of this state in	10667
addition to the taxes levied by divisions (A)(1) and (D) of this	10668
section. The tax shall be imposed at the rate of one cent per ton	10669
of coal. Moneys received by the treasurer of state from the tax	10670
levied under this division shall be credited to the reclamation	10671
forfeiture fund created in section 1513.18 of the Revised Code.	10672

(D) For the purpose of paying the state's expenses for	10673
reclaiming coal mined lands that the operator failed to reclaim in	10674
accordance with Chapter 1513. of the Revised Code under a coal	10675
mining and reclamation permit issued after April 10, 1972, but	10676
before September 1, 1981, for which the operator's bond is not	10677
sufficient to pay the state's expense for reclamation and paying	10678
the expenses for administering the state's coal mining and	10679
reclamation regulatory program, there is hereby levied an excise	10680
tax on the privilege of engaging in the severance of coal from the	10681
soil or water of this state in addition to the taxes levied by	10682
divisions (A)(1) and (C) of this section. The tax shall be imposed	10683
at the rate of one cent per ton of coal as prescribed in this	10684
division. Moneys received by the treasurer of state from the tax	10685
levied by this division shall be credited to the reclamation	10686
forfeiture fund created in section 1513.18 of the Revised Code.	10687

When, at the close of any fiscal year, the chief finds that	10688
the balance of the reclamation forfeiture fund, plus estimated	10689
transfers to it from the coal mining administration and	10690
reclamation reserve fund under section 1513.181 of the Revised	10691
Code, plus the estimated revenues from the tax levied by this	10692
division (A)(8) of this section for the remainder of the calendar	10693
year that includes the close of the fiscal year, are sufficient to	10694
complete the reclamation of such lands for which the performance	10695
security has been provided under division (C)(2) of section	10696
1513.08 of the Revised Code, the purposes for which the tax under	10697
this division (A)(8) of this section is levied shall be deemed	10698
accomplished at the end of that calendar year. The chief, within	10699
thirty days after the close of the fiscal year, shall certify	10700
those findings to the tax commissioner, and the tax levied under	10701
division (A)(8) of this section shall cease to be imposed after	10702
the last day of that calendar year on coal produced from an area	10703
under a coal mining and reclamation permit issued under Chapter	10704
1513. of the Revised Code if the permittee has made tax payments	10705
under division (A)(8) of this section during each of the preceding	10706
five full calendar years.	10707

Sec. 5749.11.  (A) There is hereby allowed a nonrefundable	10708
credit against the taxes imposed under division (A)(8) of section	10709
5749.02 of the Revised Code for any severer to which a reclamation	10710
tax credit certificate is issued under section 1513.171 of the	10711
Revised Code. The credit shall be claimed in the amount shown on	10712
the certificate. The credit shall be claimed by deducting the	10713
amount of the credit from the amount of the first tax payment due	10714
under section 5749.06 of the Revised Code after the certificate is	10715
issued. If a certificate is transferred under division (B) of this	10716
section, the credit shall be claimed by the transferee by	10717
deducting the amount of the credit from the amount of the	10718
transferee's first tax payment due after the certificate is	10719
transferred.	10720

If the amount of the credit shown on a certificate exceeds	10721
the amount of the tax otherwise due with that first payment, the	10722
excess shall be claimed against the amount of tax otherwise due on	10723
succeeding payment dates until the entire credit amount has been	10724
deducted. The total amount of credit claimed against payments	10725
shall not exceed the total amount of credit shown on the	10726
certificate.	10727

(B) A severer receiving a reclamation tax credit certificate	10728
issued under section 1513.171 of the Revised Code may transfer the	10729
certificate to any other severer that is subject to taxation under	10730
division (A)(8) of section 5749.02 of the Revised Code and holds a	10731
license or permit issued under or referred to in section 5749.04	10732
of the Revised Code. The transferee of a certificate may transfer	10733
the certificate to any other severer that is subject to that tax	10734
and holds such a license or permit. A transfer of a certificate	10735
shall be made before the due date of the transferor's first tax	10736
payment occurring after the certificate is received by the	10737
transferor pursuant to issuance of the certificate by the chief of	10738
the division of mineral resources management in the department of	10739
natural resources or pursuant to a prior transfer.	10740

Transfers may be made for consideration or pursuant to terms	10741
agreed to by the transferor and transferee. If a severer transfers	10742
a certificate, the severer shall provide to the tax commissioner	10743
written notification of the transfer in the form or manner	10744
prescribed by the tax commissioner. The notification shall	10745
include, at a minimum, the identity of the severer and the number	10746
of the certificate issued by the chief of the division of mineral	10747
resources management under section 1513.171 of the Revised Code.	10748
The tax commissioner shall maintain a record of all transfers of	10749
which the commissioner is notified.	10750

(C) A severer claiming a credit under this section shall	10751
retain a reclamation tax credit certificate for not less than four	10752
years following the date of the last tax payment against which the	10753
credit allowed under that certificate was applied. Severers shall	10754
make tax credit certificates available for inspection by the tax	10755
commissioner upon the tax commissioner's request.	10756

Section 2. That existing sections 123.04, 303.14, 307.37,	10757
519.14, 1501.011, 1501.02, 1501.07, 1501.23, 1501.32, 1502.01,	10758
1502.03, 1502.12, 1504.02, 1506.04, 1507.01, 1510.04, 1511.021,	10759
1513.01, 1513.02, 1513.07, 1513.071, 1513.08, 1513.13, 1513.16,	10760
1513.17, 1513.18, 1513.181, 1513.29, 1513.30, 1513.37, 1514.01,	10761
1514.03, 1514.04, 1514.05, 1514.06, 1514.09, 1514.11, 1514.99,	10762
1515.10, 1515.211, 1517.02, 1517.10, 1517.11, 1520.02, 1520.03,	10763
1520.05, 1520.07, 1521.01, 1521.04, 1521.05, 1521.06, 1521.061,	10764
1521.062, 1521.064, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99,	10765
1531.01, 1531.02, 1531.04, 1531.06, 1531.10, 1531.20, 1531.27,	10766
1531.99, 1533.07, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12,	10767
1533.131, 1533.171, 1533.42, 1533.632, 1533.68, 1533.86, 1533.882,	10768
1533.99, 1541.03, 1541.05, 1541.40, 1547.05, 1547.08, 1547.51,	10769
1547.54, 1547.541, 1547.99, 1548.02, 1567.35, 2923.35, 2933.43,	10770
4115.04, and 5749.02 and sections 1502.11, 1513.10, 1521.08, and	10771
1533.78 of the Revised Code are hereby repealed.	10772

Section 3. It is the intent of the General Assembly to	10773
appropriate five million dollars for the reclamation of land	10774
affected by the surface mining of coal. Of that five million	10775
dollars, not more than fifty thousand dollars shall be used to	10776
study the management of the financial resources of the coal mining	10777
regulatory program of the Division of Mineral Resources Management	10778
in the Department of Natural Resources. The Chief of the Division	10779
of Mineral Resources Management, in consultation with a statewide	10780
association representing the coal mining industry and a statewide	10781
association representing environmental advocacy, shall develop an	10782
outline of the subjects for the study. The Chief shall select an	10783
objective third party that has knowledge in the management of	10784
finances to conduct the study. Upon completion of the study, the	10785
third party shall prepare a report of its findings and submit the	10786
report to the Director of Natural Resources.	10787

Section 4. Not later than five years after the effective date	10788
of this act, the Chief of the Division of Mineral Resources	10789
Management shall submit a report to the Governor summarizing the	10790
activities of the Division of Mineral Resources Management under	10791
sections 1514.40 to 1514.47 of the Revised Code, as enacted by	10792
this act, trends in miner accident rates, and the number and	10793
causes of life-threatening accidents and fatalities since the	10794
effective date of this act. In addition, the report shall compare	10795
those trends and accident rates with the trends and accident rates	10796
that occurred ten years prior to the effective date of this act	10797
and, if necessary, recommend changes to those sections in order to	10798
improve miner health or safety.	10799

Section 5. The amendment of section 1541.40 of the Revised	10800
Code by this act applies to members appointed to the Ohio Parks	10801
and Recreation Council on and after the effective date of this	10802
act.	10803

Section 6. Section 1533.10 of the Revised Code is presented	10804
in this act as a composite of the section as amended by both Am.	10805
Sub. H.B. 66 and H.B. 296 of the 126th General Assembly. Section	10806
1547.54 of the Revised Code is presented in this act as a	10807
composite of the section as amended by both Sub. H.B. 345 and Sub.	10808
S.B. 150 of the 124th General Assembly. The General Assembly,	10809
applying the principle stated in division (B) of section 1.52 of	10810
the Revised Code that amendments are to be harmonized if	10811
reasonably capable of simultaneous operation, finds that the	10812
composites are the resulting versions of the sections in effect	10813
prior to the effective date of the sections as presented in this	10814
act.	10815