As Reported by the Senate Environment and Natural Resources Committee

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


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

Senator Niehaus 



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, 3734.13, 3745.01, 19
3745.08, 4115.04, 4501.01, and 5749.02; to enact 20
sections 303.141, 519.141, 1501.45, 1513.075, 21
1513.081, 1513.171, 1513.182, 1513.371, 1514.011, 22
1514.051, 1514.40 to 1514.47, 1514.50, 1515.093, 23
1548.031, 1548.032, 1561.011, 1563.01, 1565.01, 24
1567.01, 1571.011, 2305.041, 3734.61 to 3734.65, 25
5577.081, and 5749.11; and to repeal sections 26
1502.11, 1513.10, 1521.08, and 1533.78 of the 27
Revised Code to revise the statutes governing the 28
Department of Natural Resources; to make changes 29
to the law governing coal mining, including 30
increasing the severance tax on coal and revising 31
the distribution of revenue from that tax; to make 32
changes to the law governing the mining of 33
industrial minerals, including revising zoning 34
provisions related to such mining; to establish 35
requirements governing mercury; and to make other 36
changes.37


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

       Section 1. That sections 123.04, 303.14, 307.37, 519.14, 38
1501.011, 1501.02, 1501.07, 1501.23, 1501.32, 1502.01, 1502.03, 39
1502.12, 1504.02, 1506.04, 1507.01, 1510.04, 1511.021, 1513.01, 40
1513.02, 1513.07, 1513.071, 1513.08, 1513.13, 1513.16, 1513.17, 41
1513.18, 1513.181, 1513.29, 1513.30, 1513.37, 1514.01, 1514.03, 42
1514.04, 1514.05, 1514.06, 1514.09, 1514.11, 1514.99, 1515.10, 43
1515.211, 1517.02, 1517.10, 1517.11, 1520.02, 1520.03, 1520.05, 44
1520.07, 1521.01, 1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 45
1521.064, 1521.13, 1521.14, 1521.18, 1521.19, 1521.99, 1531.01, 46
1531.02, 1531.04, 1531.06, 1531.10, 1531.20, 1531.27, 1531.99, 47
1533.07, 1533.08, 1533.09, 1533.10, 1533.11, 1533.12, 1533.131, 48
1533.171, 1533.42, 1533.632, 1533.68, 1533.86, 1533.882, 1533.99, 49
1541.03, 1541.05, 1541.40, 1547.05, 1547.08, 1547.51, 1547.54, 50
1547.541, 1547.99, 1548.02, 1567.35, 3734.13, 3745.01, 3745.08, 51
4115.04, 4501.01, and 5749.02 be amended and sections 303.141, 52
519.141, 1501.45, 1513.075, 1513.081, 1513.171, 1513.182, 53
1513.371, 1514.011, 1514.051, 1514.40, 1514.41, 1514.42, 1514.43, 54
1514.44, 1514.45, 1514.46, 1514.47, 1514.50, 1515.093, 1548.031, 55
1548.032, 1561.011, 1563.01, 1565.01, 1567.01, 1571.011, 2305.041, 56
3734.61, 3734.62, 3734.63, 3734.64, 3734.65, 5577.081, and 5749.11 57
of the Revised Code be enacted to read as follows:58

       Sec. 123.04.  The director of administrative services shall 59
be appointed superintendent of public works and shall have the 60
care and control of the public works of the state except as 61
provided in section 1521.08 of the Revised Code and shall protect, 62
maintain, and keep them in repair.63

       Subject to the approval of the governor, the director may 64
purchase on behalf of the state such real or personal property, 65
rights, or privileges as are necessary, in the director's 66
judgment, to acquire in the maintenance of the public works or 67
their improvement.68

       Any instrument by which the state or an agency of the state 69
acquires real property pursuant to this section shall identify the 70
agency of the state that has the use and benefit of the real 71
property as specified in section 5301.012 of the Revised Code.72

       Sec. 303.14.  The county board of zoning appeals may:73

       (A) Hear and decide appeals where it is alleged there is74
error in any order, requirement, decision, or determination made75
by an administrative official in the enforcement of sections76
303.01 to 303.25 of the Revised Code, or of any resolution adopted 77
pursuant thereto;78

       (B) Authorize upon appeal, in specific cases, such variance 79
from the terms of the zoning resolution as will not be contrary to 80
the public interest, where, owing to special conditions, a literal 81
enforcement of the resolution will result in unnecessary hardship, 82
and so that the spirit of the resolution shall be observed and 83
substantial justice done;84

       (C) Grant conditional zoning certificates for the use of85
land, buildings, or other structures if such certificates for86
specific uses are provided for in the zoning resolution;. If the 87
board considers conditional zoning certificates for activities 88
that are permitted and regulated under Chapter 1514. of the 89
Revised Code or activities that are related to making finished 90
aggregate products, the board shall proceed in accordance with 91
section 303.141. of the Revised Code.92

       (D) Revoke an authorized variance or conditional zoning93
certificate granted for the extraction of minerals, if any94
condition of the variance or certificate is violated.95

       The board shall notify the holder of the variance or96
certificate by certified mail of its intent to revoke the variance 97
or certificate under division (D) of this section and of histhe 98
holder's right to a hearing before the board within thirty days of 99
the mailing of the notice if hethe holder so requests. If the100
holder requests a hearing, the board shall set a time and place 101
for the hearing and notify the holder. At the hearing, the holder 102
may appear in person, by his attorney, or by other representative,103
or hethe holder may present histhe holder's position in writing. 104
HeThe holder may present evidence and examine witnesses appearing 105
for or against himthe holder. If no hearing is requested, the 106
board may revoke the variance or certificate without a hearing. 107
The authority to revoke a variance or certificate is in addition 108
to any other means of zoning enforcement provided by law.109

       In exercising the above-mentioned powers, suchthe board may,110
in conformity with such sections, reverse or affirm, wholly or111
partly, or modify the order, requirement, decision, or112
determination appealed from and may make such order, requirement,113
decision, or determination as ought to be made, and to that end114
has all powers of the officer from whom the appeal is taken.115

       Sec. 303.141. (A) If a county board of zoning appeals 116
considers conditional zoning certificates for activities that are 117
permitted and regulated under Chapter 1514. of the Revised Code or 118
activities that are related to making finished aggregate products, 119
the board shall not consider or base its determination on matters 120
that are regulated by any federal, state, or local agency. 121
However, the board may require as a condition of the approval of a 122
conditional zoning certificate for such an activity compliance 123
with any general standards contained in the zoning resolution that 124
apply to all conditional uses that are provided for in the zoning 125
resolution and, except as provided in division (C) of this 126
section, may require any specified measure, including, but not 127
limited to, one or more of the following:128

       (1) Inspections of nearby structures and water wells to 129
determine structural integrity and water levels;130

       (2) Compliance with applicable federal, state, and local laws 131
and regulations;132

       (3) Identification of specific roads in accordance with 133
division (B) of this section to be used as the primary means of 134
ingress to and egress from the proposed activity;135

       (4) Compliance with reasonable noise abatement measures;136

       (5) Compliance with reasonable dust abatement measures;137

       (6) Establishment of setbacks, berms, and buffers for the 138
proposed activity;139

       (7) Establishment of a complaint procedure;140

       (8) Any other measure reasonably related to public health and 141
safety.142

       (B)(1) For purposes of this section and section 519.141 of 143
the Revised Code, and prior to the submission of an application 144
for a conditional zoning certificate, an applicant shall send 145
written notice to the county engineer of the applicant's intent to 146
apply for a conditional zoning certificate. Not later than 147
fourteen days after receipt of the written notice, the county 148
engineer shall establish the time, date, and location of a meeting 149
with the applicant and send written notice of the time, date, and 150
location of the meeting to the applicant and to the fiscal officer 151
of each township in which the proposed activity is to be located 152
or expanded. At the meeting, the applicant shall explain the 153
proposed location of the activity or expansion of an existing 154
activity, the anticipated amount of aggregate material to be 155
shipped by truck from the activity, and the anticipated primary 156
market areas for the finished aggregate products leaving the 157
activity.158

       Not later than thirty days after the meeting with the 159
applicant, the county engineer shall submit a written 160
recommendation of specific roads to be used as the primary means 161
of ingress to and egress from the proposed activity to the board 162
of county commissioners. In making the recommendation, the county 163
engineer shall consider all of the following:164

       (a) The ability of each road to handle the anticipated 165
recurring loads resulting from trucks entering and leaving the 166
proposed activity;167

       (b) The present condition of each road;168

       (c) The amount of residential development that exists along 169
each road;170

       (d) The most direct route from the proposed activity to a 171
state highway unless another route is more capable of 172
accommodating the anticipated recurring loads and will result in 173
fewer conflicts with existing residential development.174

       (2) At the next regularly scheduled meeting of the board of 175
county commissioners after receipt of a written recommendation 176
under division (B)(1) of this section, the board shall adopt the 177
recommendation or adopt the recommendation with modifications. If 178
the board adopts the recommendation with modifications, the board 179
shall base the modifications only on the criteria established in 180
divisions (B)(1)(a) to (d) of this section. The board may adopt 181
the recommendation with modifications only by a unanimous vote. 182
The board shall send written notice of the adoption of the 183
recommendation or the recommendation with modifications to the 184
county board of zoning appeals.185

       (3) For purposes of this section and section 519.141 of the 186
Revised Code, a decision of a board of county commissioners under 187
division (B)(2) of this section is final ten days after the board 188
adopts the recommendation or the recommendation with modifications 189
unless the applicant or an affected board of township trustees 190
submits written notice of appeal within ten days after the board's 191
action. If the board of county commissioners receives a timely 192
written notice of appeal, the board shall conduct an appeal 193
hearing concerning its decision not later than fourteen days after 194
receipt of the notice. If the board of county commissioners 195
receives more than one timely written notice of appeal, the board 196
may conduct one appeal hearing concerning all of the notices of 197
appeal.198

       For purposes of an appeal hearing that is held under this 199
division, the applicant or a board of township trustees that 200
submitted written notice of appeal may present testimony for the 201
board of county commissioners to consider concerning its decision 202
under division (B)(2) of this section. At the hearing, the 203
applicant or the board of township trustees may be represented by 204
an attorney. A witness at the hearing shall testify under oath or 205
affirmation, which any member of the board of county commissioners 206
may administer. A witness at the hearing shall be subject to 207
cross-examination.208

       Not later than fourteen days after the hearing, the board of 209
county commissioners shall affirm its decision under division 210
(B)(2) of this section or, based on the testimony at the hearing, 211
modify its decision. The board shall send written notice of its 212
decision to the applicant, any board of township trustees that 213
submitted written notice of appeal, and the county board of zoning 214
appeals.215

       A decision of a board of county commissioners under this 216
division is final unless vacated or modified upon judicial review.217

       (4) An applicant or a board of township trustees that 218
submitted written notice of appeal under division (B)(3) of this 219
section may appeal a decision of a board of county commissioners 220
under that division to the court of common pleas of the county in 221
which the activity is proposed to be located or expanded pursuant 222
to section 2506.01 of the Revised Code.223

       (C) When granting a conditional zoning certificate, a county 224
board of zoning appeals shall not require the identification of 225
specific roads, as otherwise authorized in division (A)(3) of this 226
section, and the identification of specific roads in accordance 227
with division (B) of this section shall not apply, for any of the 228
following:229

       (1) The transfer of unfinished aggregate material between 230
facilities that are under the control of the same owner or 231
operator;232

       (2) The loading or unloading of finished aggregate product 233
within a ten-mile radius of a surface mining operation;234

       (3) The expansion of an existing surface mining operation 235
when the specific road that is used as the primary means of 236
ingress to and egress from the operation will be the same road 237
that is used for that purpose after the expansion of the facility.238

       (D) The identification of specific roads in accordance with 239
division (B) of this section to be used as the primary means of 240
ingress to and egress from a proposed activity becomes effective 241
only upon the granting of a conditional zoning certificate.242

       (E) As used in this section, "surface mining operation" has 243
the same meaning as in section 1514.01 of the Revised Code.244

       Sec. 307.37. (A) As used in division (B)(3) of this section, 245
"proposed new construction" means a proposal to erect, construct, 246
repair, alter, redevelop, or maintain a single-family, two-family, 247
or three-family dwelling or any structure that is regulated by the 248
Ohio building code.249

       (B)(1)(a) The board of county commissioners may adopt local 250
residential building regulations governing residential buildings 251
as defined in section 3781.06 of the Revised Code, to be enforced 252
within the unincorporated area of the county or within districts 253
the board establishes in any part of the unincorporated area. No 254
local residential building regulation shall differ from the state 255
residential building code the board of building standards 256
establishes pursuant to Chapter 3781. of the Revised Code unless 257
the regulation addresses subject matter not addressed by the state 258
residential building code or is adopted pursuant to section 259
3781.01 of the Revised Code.260

       (b) The board of county commissioners may, by resolution, 261
adopt, administer, and enforce within the unincorporated area of 262
the county, or within districts the board establishes in the 263
unincorporated area, an existing structures code pertaining to the 264
repair and continued maintenance of structures and the premises of 265
those structures provided that the existing structures code 266
governs subject matter not addressed by, and is not in conflict 267
with, the state residential building code adopted pursuant to 268
Chapter 3781. of the Revised Code. The board may adopt by 269
incorporation by reference a model or standard code prepared and 270
promulgated by the state, any agency of this state, or any private 271
organization that publishes a recognized or standard existing 272
structures code.273

       (c) The board shall assign the duties of administering and 274
enforcing any local residential building regulations or existing 275
structures code to a county officer or employee who is trained and 276
qualified for those duties and shall establish by resolution the 277
minimum qualifications necessary to perform those duties.278

       (2) The board may adopt regulations for participation in the 279
national flood insurance program established in the "Flood 280
Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002,281
as amended,defined in section 1521.01 of the Revised Code and 282
regulations adopted for the purposes of section 1506.04 or 1506.07 283
of the Revised Code governing the prohibition, location, erection, 284
construction, redevelopment, or floodproofing of new buildings or 285
structures, substantial improvements to existing buildings or 286
structures, or other development in unincorporated territory 287
within flood hazard areas identified under the "Flood Disaster 288
Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as 289
amended, or within Lake Erie coastal erosion areas identified290
under section 1506.06 of the Revised Code, including, but not 291
limited to, residential, commercial, institutional, or industrial 292
buildings or structures or other permanent structures, as defined 293
in section 1506.01 of the Revised Code. Rules adopted under 294
division (B)(2) of this section shall not conflict with the state 295
residential and nonresidential building codes adopted pursuant to 296
section 3781.10 of the Revised Code.297

       (3)(a) A board may adopt regulations that provide for a 298
review of the specific effects of a proposed new construction on299
existing surface or subsurface drainage. The regulations may300
require reasonable drainage mitigation and reasonable alteration 301
of a proposed new construction before a building permit is issued 302
in order to prevent or correct any adverse effects that the 303
proposed new construction may have on existing surface or 304
subsurface drainage. The regulations shall not be inconsistent 305
with, more stringent than, or broader in scope than standards 306
adopted by the natural resource conservation service in the United 307
States department of agriculture concerning drainage or rules 308
adopted by the environmental protection agency for reducing, 309
controlling, or mitigating storm water runoff from construction 310
sites, where applicable. The regulations shall allow a person who 311
is registered under Chapter 4703. or 4733. of the Revised Code to 312
prepare and submit relevant plans and other documents for review, 313
provided that the person is authorized to prepare the plans and 314
other documents pursuant to the person's registration.315

       (b) If regulations are adopted under division (B)(3) of this316
section, the board shall specify in the regulations a procedure317
for the review of the specific effects of a proposed new318
construction on existing surface or subsurface drainage. The319
procedure shall include at a minimum all of the following:320

       (i) A meeting at which the proposed new construction shall be321
examined for those specific effects. The meeting shall be held322
within thirty days after an application for a building permit is323
filed or a review is requested unless the applicant agrees in 324
writing to extend that time period or to postpone the meeting to 325
another date, time, or place. The meeting shall be scheduled 326
within five days after an application for a building permit is 327
filed or a review is requested.328

        (ii) Written notice of the date, time, and place of that329
meeting, sent by regular mail to the applicant. The written notice 330
shall be mailed at least seven days before the scheduled meeting 331
date.332

        (iii) Completion of the review by the board of county333
commissioners not later than thirty days after the application for334
a building permit is filed or a review is requested unless the 335
applicant has agreed in writing to extend that time period or 336
postpone the meeting to a later time, in which case the review 337
shall be completed not later than two days after the date of the 338
meeting. A complete review shall include the issuance of any order 339
of the board of county commissioners regarding necessary 340
reasonable drainage mitigation and necessary reasonable 341
alterations to the proposed new construction to prevent or correct 342
any adverse effects on existing surface or subsurface drainage so 343
long as those alterations comply with the state residential and 344
nonresidential building codes adopted pursuant to section 3781.10 345
of the Revised Code. If the review is not completed within the346
thirty-day period or an extended or postponed period that the347
applicant has agreed to, the proposed new construction shall be348
deemed to have no adverse effects on existing surface or349
subsurface drainage, and those effects shall not be a valid basis350
for the denial of a building permit.351

        (iv) A written statement, provided to the applicant at the352
meeting or in an order for alterations to a proposed new353
construction, informing the applicant of the right to seek354
appellate review of the denial of a building permit under division355
(B)(3)(b)(iii) of this section by filing a petition in accordance356
with Chapter 2506. of the Revised Code.357

        (c) The regulations may authorize the board, after obtaining 358
the advice of the county engineer, to enter into an agreement with 359
the county engineer or another qualified person or entity to carry 360
out any necessary inspections and make evaluations about what, if 361
any, alterations are necessary to prevent or correct any adverse362
effects that a proposed new construction may have on existing363
surface or subsurface drainage.364

       (d) Regulations adopted pursuant to division (B)(3) of this365
section shall not apply to any property that a platting authority 366
has approved under section 711.05, 711.09, or 711.10 of the 367
Revised Code and shall not govern the same subject matter as the 368
state residential or nonresidential building codes adopted 369
pursuant to section 3781.10 of the Revised Code.370

       (e) As used in division (B)(3) of this section, "subsurface371
drainage" does not include a household sewage treatment system as372
defined in section 3709.091 of the Revised Code.373

       (C)(1) Any regulation, code, or amendment may be adopted 374
under this section only after a public hearing at not fewer than 375
two regular or special sessions of the board. The board shall 376
cause notice of any public hearing to be published in a newspaper 377
of general circulation in the county once a week for the two 378
consecutive weeks immediately preceding the hearing, except that 379
if the board posts the hearing notice on the board's internet site 380
on the world wide web, the board need publish only one notice of 381
the hearing in a newspaper of general circulation if that 382
newspaper notice includes the board's internet site and a 383
statement that the notice is also posted on the internet site. Any 384
notice of a public hearing shall include the time, date, and place 385
of the hearing.386

       (2) Any proposed regulation, code, or amendment shall be made 387
available to the public at the board office. The regulations or 388
amendments shall take effect on the thirty-first day following the 389
date of their adoption.390

       (D)(1) No person shall violate any regulation, code, or 391
amendment the board adopts under sections 307.37 to 307.40 of the 392
Revised Code.393

       (2) Each day during which an illegal location, erection,394
construction, floodproofing, repair, alteration, development,395
redevelopment, or maintenance continues may be considered a396
separate offense.397

       (E) Regulations or amendments the board adopts pursuant to 398
this section, with the exception of an existing structures code, 399
do not affect buildings or structures that exist or on which400
construction has begun on or before the date the board adopts the 401
regulation or amendment.402

       (F)(1) The board may create a building department and employ 403
the personnel it determines necessary to administer and enforce 404
any local residential building regulations or existing structures 405
code the board adopts pursuant to this section. The building 406
department may enforce the state residential and nonresidential 407
building codes adopted pursuant to Chapter 3781. of the Revised 408
Code if the building department is certified pursuant to section 409
3781.10 of the Revised Code to enforce those codes.410

        (2) The board may direct the building department, upon 411
certification, to exercise enforcement authority and to accept and412
approve plans pursuant to sections 3781.03 and 3791.04 of the413
Revised Code for the class of building for which the department 414
and personnel are certified.415

       Sec. 519.14.  The township board of zoning appeals may:416

       (A) Hear and decide appeals where it is alleged there is417
error in any order, requirement, decision, or determination made418
by an administrative official in the enforcement of sections419
519.02 to 519.25 of the Revised Code, or of any resolution adopted 420
pursuant thereto;421

       (B) Authorize, upon appeal, in specific cases, such variance 422
from the terms of the zoning resolution as will not be contrary to 423
the public interest, where, owing to special conditions, a literal 424
enforcement of the resolution will result in unnecessary hardship, 425
and so that the spirit of the resolution shall be observed and 426
substantial justice done;427

       (C) Grant conditional zoning certificates for the use of428
land, buildings, or other structures if such certificates for429
specific uses are provided for in the zoning resolution. If the 430
board considers conditional zoning certificates for activities 431
that are permitted and regulated under Chapter 1514. of the 432
Revised Code or activities that are related to making finished 433
aggregate products, the board shall proceed in accordance with 434
section 519.141 of the Revised Code.435

       (D) Revoke an authorized variance or conditional zoning436
certificate granted for the extraction of minerals, if any437
condition of the variance or certificate is violated.438

       The board shall notify the holder of the variance or439
certificate by certified mail of its intent to revoke the variance 440
or certificate under division (D) of this section and of histhe 441
holder's right to a hearing before the board, within thirty days 442
of the mailing of the notice, if hethe holder so requests. If the443
holder requests a hearing, the board shall set a time and place 444
for the hearing and notify the holder. At the hearing, the holder 445
may appear in person, by histhe holder's attorney, or by other446
representative, or hethe holder may present histhe holder's447
position in writing. HeThe holder may present evidence and448
examine witnesses appearing for or against himthe holder. If no 449
hearing is requested, the board may revoke the variance or 450
certificate without a hearing. The authority to revoke a variance 451
or certificate is in addition to any other means of zoning452
enforcement provided by law.453

       In exercising the above-mentioned powers, suchthe board may,454
in conformity with such sections, reverse or affirm, wholly or455
partly, or may modify the order, requirement, decision, or456
determination appealed from, and may make such order, requirement, 457
decision, or determination as ought to be made, and to that end 458
has all powers of the officer from whom the appeal is taken.459

       Sec. 519.141. (A) If a township board of zoning appeals 460
considers conditional zoning certificates for activities that are 461
permitted and regulated under Chapter 1514. of the Revised Code or 462
activities that are related to making finished aggregate products, 463
the board shall not consider or base its determination on matters 464
that are regulated by any federal, state, or local agency. 465
However, the board may require as a condition of the approval of a 466
conditional zoning certificate for such an activity compliance 467
with any general standards contained in the zoning resolution that 468
apply to all conditional uses that are provided for in the zoning 469
resolution and, except as provided in division (C) of this 470
section, may require any specified measure, including, but not 471
limited to, one or more of the following:472

       (1) Inspections of nearby structures and water wells to 473
determine structural integrity and water levels;474

       (2) Compliance with applicable federal, state, and local laws 475
and regulations;476

       (3) Identification of specific roads in accordance with 477
division (B) of section 303.141 of the Revised Code to be used as 478
the primary means of ingress to and egress from the proposed 479
activity;480

       (4) Compliance with reasonable noise abatement measures;481

       (5) Compliance with reasonable dust abatement measures;482

       (6) Establishment of setbacks, berms, and buffers for the 483
proposed activity;484

       (7) Establishment of a complaint procedure;485

       (8) Any other measure reasonably related to public health and 486
safety.487

       (B)(1) Prior to the submission of an application for a 488
conditional zoning certificate, an applicant, in accordance with 489
division (B) of section 303.141 of the Revised Code, shall send 490
written notice to the county engineer of the applicant's intent to 491
apply for a conditional zoning certificate. The county engineer 492
and the applicable board of county commissioners shall proceed in 493
accordance with divisions (B)(1) to (3) of section 303.141 of the 494
Revised Code. As provided in division (B)(3) of that section, the 495
applicant or an affected board of township trustees may submit 496
written notice of appeal regarding a decision of the board of 497
county commissioners under division (B)(2) of that section.498

       (2) An applicant or a board of township trustees that 499
submitted written notice of appeal under division (B)(3) of 500
section 303.141 of the Revised Code may appeal a decision of a 501
board of county commissioners under that division to the court of 502
common pleas of the county in which the activity is proposed to be 503
located or expanded pursuant to section 2506.01 of the Revised 504
Code.505

       (C) When granting a conditional zoning certificate, a 506
township board of zoning appeals shall not require the 507
identification of specific roads, as otherwise authorized in 508
division (A)(3) of section 303.141 of the Revised Code, and the 509
identification of specific roads in accordance with division (B) 510
of that section shall not apply, for any of the following:511

       (1) The transfer of unfinished aggregate material between 512
facilities that are under the control of the same owner or 513
operator;514

       (2) The loading or unloading of finished aggregate product 515
within a ten-mile radius of a surface mining operation;516

       (3) The expansion of an existing surface mining operation 517
when the specific road that is used as the primary means of 518
ingress to and egress from the operation will be the same road 519
that is used for that purpose after the expansion of the facility.520

       (D) The identification of specific roads in accordance with 521
this section and division (B) of section 303.141 of the Revised 522
Code to be used as the primary means of ingress to and egress from 523
a proposed activity becomes effective only upon the granting of a 524
conditional zoning certificate.525

       (E) As used in this section, "surface mining operation" has 526
the same meaning as in section 1514.01 of the Revised Code.527

       Sec. 1501.011. (A) The department of natural resources has 528
the following powers in addition to its other powers: to prepare, 529
or contract to be prepared, surveys, general and detailed plans,530
specifications, bills of materials, and estimates of cost for, to531
enter into contracts for, and to supervise the performance of532
labor, the furnishing of materials, or the construction, repair,533
or maintenance of any projects, improvements, or buildings, on534
lands and waters under the control of the department, as may be535
authorized by legislative appropriations or any other funds536
available therefor.537

       (B) Except in cases of extreme public exigency or emergency538
as provided in division (E) of this section, the director of 539
natural resources shall publish notice in a newspaper of general 540
circulation in the countyregion where the contractactivity for 541
which bids are submitted is to be letoccur and in any other 542
newspapers that the director determines are appropriate, at least 543
once each week for four consecutive weeks, the last publication to 544
be at least eight days preceding the day for opening bids, seeking 545
proposals on each contract for the performance of labor, the 546
furnishing of materials, or the construction, repair, or 547
maintenance of projects, improvements, or buildings, as necessary 548
for compliance with provisions of the act to make appropriations 549
for capital improvements or the act to make general 550
appropriations, and hethe director may also advertise in such 551
trade journals as will afford adequate information to the public552
of the terms of the contract and the nature of the work to be553
performed, together with the time of the letting and place and554
manner of receiving proposals, and the places where plans and555
specifications are on file. A proposal is invalid and shall not be 556
considered by the department unless the form for proposals557
specified by the department is used without change, alteration, or 558
addition.559

       (C) Each bidder for a contract for the performance of labor,560
the furnishing of materials, or the maintenance, construction,561
demolition, alteration, repair, or reconstruction of an562
improvement shall meet the requirements of section 153.54 of the563
Revised Code. The director may require each bidder to furnish him564
under oath, upon such printed forms as hethe director may 565
prescribe, detailed information with respect to histhe bidder's566
financial resources, equipment, past performance record, 567
organization personnel, and experience, together with such other 568
information as the director considers necessary.569

       (D) The director shall award the contract to the lowest570
responsive and responsible bidder in accordance with section 9.312 571
of the Revised Code. The award shall be made within a reasonable 572
time after the date on which the bids were opened, and the 573
successful bidder shall enter into a contract within ten days from 574
the date hethe successful bidder is notified that hethe contract575
has been awarded the contract, or within any longer period which576
that the director considers necessary. When an exigency occurs, or 577
there is immediate danger of such occurrence, which would 578
materially impair the construction or completion of any project,579
improvement, or building, the director may make necessary plan and 580
specification change orders. Nothing in this section shall581
preclude the rejection of any bid the acceptance of which is not582
in the best interests of the state. No contract shall be entered583
into until the bureau of workers' compensation has certified that584
the corporation, partnership, or person awarded the contract has585
complied with Chapter 4123. of the Revised Code and until, if the586
bidder awarded the contract is a foreign corporation, the587
secretary of state has certified that suchthe corporation is588
authorized to do business in this state, and until, if the bidder589
so awarded the contract is a person or partnership nonresident of590
this state, suchthe person or partnership has filed with the591
secretary of state a power of attorney designating the secretary592
of state as its agency for the purpose of accepting service of593
process.594

       The director may enter(E) With respect to the director's 595
entering into a contract without advertising for and receiving 596
bids for the performance of labor, the furnishing of materials, or 597
the construction, repair, or maintenance of any projects, 598
improvements, or buildings on lands and waters under the control 599
of the department, both of the following apply:600

       (1) The director is not required to advertise for and receive 601
bids if the total estimated cost of whichthe contract is less 602
than tentwenty-five thousand dollars.603

       (2) The director is not required to advertise for bids, 604
regardless of the cost of the contract, if the contract involves 605
an exigency that concerns the public health, safety, or welfare or 606
addresses an emergency situation in which timeliness is crucial in 607
preventing the cost of the contract from increasing significantly. 608
Regarding such a contract, the director may solicit bids by 609
sending a letter to a minimum of three contractors in the region 610
where the contract is to be let or by any other means that the 611
director considers appropriate.612

       (F) The director may insert in any contract awarded under 613
this section a clause providing for value engineering change614
proposals, under which a contractor who has been awarded a615
contract may propose a change in the plans and specifications of616
the project that saves the department time or money on the project 617
without impairing any of the essential functions and618
characteristics of the project such as service life, reliability, 619
economy of operation, ease of maintenance, safety, and necessary 620
standardized features. If the director adopts the value 621
engineering proposal, the savings from the proposal shall be 622
divided between the department and the contractor according to 623
guidelines established by the director, provided that the 624
contractor shall receive at least fifty per cent of the savings 625
from the proposal. The adoption of a value engineering proposal 626
does not invalidate the award of the contract or require the 627
director to rebid the project.628

       (G) When in the opinion of the department the work under any629
contract made under this section or any law of the state is630
neglected by the contractor, the work completed is deficient in 631
quality or materials, or suchthe work is not prosecuted with the 632
diligence and force specified or intended in the contract, the 633
department may make requisition uponrequire the contractor for 634
such additional specific force or materials to be brought into the635
work under such contract or to remove improper materials from the636
grounds as in their judgment the contract and its faithful637
fulfillment requires. Not less than five days' notice in writing638
of such action shall be served upon the contractor or his agent in 639
charge of the workto provide, at no additional expense to the 640
department, any additional labor and materials that are necessary 641
to complete the improvements at the level of quality and within 642
the time of performance specified in the contract. Procedures 643
concerning such a requirement together with its format shall be 644
specified in the contract. If the contractor fails to comply with645
such requisitionthe requirement within fifteen daysthe period 646
specified in the contract, the department may employ upontake 647
action to complete the work the additional force, or supply the 648
special materials or such part of either as it considers proper, 649
and may remove improper materials from the groundsthrough other 650
means, up to and including termination of the contract.651

       (H) When an exigency occurs or there is immediate danger of 652
an exigency that would materially impair the successful bidding, 653
construction, or completion of a project, improvement, or 654
building, the director may revise related plans and specifications 655
as necessary to address the exigency through the issuance of an 656
addendum prior to the opening of bids or, in accordance with 657
procedures established in section 153.62 of the Revised Code, 658
through the issuance of a change order after the contract has been 659
awarded.660

       Sec. 1501.02.  The director of natural resources may enter661
into cooperative or contractual arrangements with the United662
States or any agency or department thereof, other states, other663
departments and subdivisions of this state, or any other person or 664
body politic for the accomplishment of the purposes for which the 665
department of natural resources was created. The director shall 666
cooperate with, and not infringe upon the rights of, other state 667
departments, divisions, boards, commissions, and agencies,668
political subdivisions, and other public officials and public and669
private agencies in the conduct of conservation plans and other670
matters in which the interests of the department of natural671
resources and the other departments and agencies overlap.672

       The director, by mutual agreement, may utilize the facilities 673
and staffs of state-supported educational institutions in order to 674
promote the conservation and development of the natural resources 675
of the state.676

       All funds made available by the United States for the677
exclusive use of any division shall be expended only by that678
division and only for the purposes for which the funds were679
appropriated. In accepting any such funds for the acquisition of680
lands or interests in them to be used for open-space purposes681
including park, recreational, historical, or scenic purposes, or682
for conservation of land or other natural resources, the director683
may agree on behalf of the state that lands or interests in them684
acquired in part with those funds shall not be converted to other685
uses except pursuant to further agreement between the director and 686
the United States.687

       The director shall adopt rules in accordance with Chapter 688
119. of the Revised Code establishing guidelines for entering into 689
and may enter into a cooperative or contractual arrangement with 690
any individual, agency, organization, or business entity to assist 691
the department in funding a program or project of the department, 692
its divisions, or its offices, through securing, without693
limitation, donations, sponsorships, marketing, advertising, and694
licensing arrangements. State moneys appropriated to the695
department shall continue to be used as authorized and shall not696
be redirected to any other purpose as a result of financial697
savings resulting from the department's entering into the698
cooperative or contractual arrangement.699

       The director may enter into a mutual aid compact with the700
chief law enforcement officer of any federal agency, state agency, 701
county, township, municipal corporation, or other political 702
subdivision or with the superintendent of the state highway patrol 703
to enable forest officers, preserve officers, park officers, and 704
state watercraft officers and the law enforcement officers of the 705
respective federal or state agencies or political subdivisions or 706
the state highway patrol to assist each other in the provision of 707
police services within each other's jurisdiction.708

       Sec. 1501.07.  The department of natural resources through709
the division of parks and recreation may plan, supervise, acquire, 710
construct, enlarge, improve, erect, equip, and furnish public 711
service facilities such as inns, lodges, hotels, cabinscottages,712
camping sites, scenic trails, picnic sites, restaurants,713
commissaries, golf courses, boating and bathing facilities, and714
other similar facilities in state parks reasonably necessary and715
useful in promoting the public use of state parks under its716
control and may purchase lands or interests in lands in the name717
of the state necessary for suchthose purposes.718

       The chief of the division of parks and recreation shall719
administer state parks, establish rules, fix fees and charges for720
admission to parks and for the use of public service facilities721
therein, establish rentals for the lease of lands or interests722
therein within a state park the chief is authorized by law to723
lease, and exercise all powers of the chief, in conformity with724
all covenants of the director of natural resources in or with725
respect to state park revenue bonds and trust agreements securing726
such bonds and all terms, provisions, and conditions of such bonds 727
and trust agreements. In the administration of state parks with 728
respect to which state park revenue bonds are issued and729
outstanding, or any part of the moneys received from fees and730
charges for admission to or the use of facilities, from rentals 731
for the lease of lands or interests or facilities therein, or for 732
the lease of public service facilities are pledged for any such733
bonds, the chief shall exercise the powers and perform the duties734
of the chief subject to the control and approval of the director. 735
The acquisition of such lands or interests therein and facilities 736
shall be planned with regard to the needs of the people of the 737
state and with regard to the purposes and uses of such state parks 738
and, except for facilities constructed in consideration of a lease 739
under section 1501.012 of the Revised Code, shall be paid for from 740
the state park fund created in section 1541.22 of the Revised Code 741
or from the proceeds of the sale of bonds issued under sections 742
1501.12 to 1501.15 of the Revised Code. Sections 125.81 and 153.04 743
of the Revised Code, insofar as they require a certification by 744
the chief of the division of capital planning and improvement, do 745
not apply to the acquisition of lands or interests therein and 746
public service facilities to be paid for from the proceeds of 747
bonds issued under sections 1501.12 to 1501.15 of the Revised 748
Code.749

       As used in sections 1501.07 to 1501.14 of the Revised Code,750
state parks are all of the following:751

       (A) State reservoirs described and identified in section752
1541.06 of the Revised Code;753

       (B) All lands or interests therein whichthat are denominated754
as state parks in division (B) of section 1531.12 and in section755
1541.083 of the Revised Code;756

       (C) All lands or interests therein of the state identified as 757
administered by the division of parks and recreation in the758
"inventory of state owned lands administered by department of759
natural resources as of June 1, 1963," as recorded in the journal760
of the director, which inventory was prepared by the real estate761
section of the department and is supported by maps on file in the 762
division of real estate and land management;763

       (D) All lands or interests in lands of the state hereafter764
designated as state parks in the journal of the director with the765
approval of the recreation and resources council.766

       All such state parks shall be exclusively under the control767
and administration of the division of parks and recreation. With768
the approval of the council, the director by order may remove from 769
the classification as state parks any of the lands or interests 770
therein so classified by divisions (C) and (D) of this section, 771
subject to the limitations, provisions, and conditions in any 772
order authorizing state park revenue bonds or in any trust 773
agreement securing such bonds. Lands or interests therein so 774
removed shall be transferred to other divisions of the department 775
for administration or may be sold as provided by law. Proceeds of776
any sale shall be used or transferred as provided in the order 777
authorizing state park revenue bonds or in the trust agreement 778
and, if no such provision is made, shall be transferred to the 779
state park fund. State parks do not include any lands or interest 780
in lands of the state administered jointly by two or more 781
divisions of the department. The designation of lands as state 782
parks under divisions (A) to (D) of this section shall be783
conclusive, and those lands shall be under the control of and784
administered by the division of parks and recreation. No order or 785
proceeding designating lands as state parks or park purchase areas 786
shall be subject to any appeal or review by any officer, board, 787
commission, or court.788

       Sec. 1501.23.  The department of natural resources may789
utilize the services of volunteers to implement clean-up and790
beautification programs or any other programs that accomplish any791
of the purposes of the department. The director of natural792
resources shall approve all volunteer programs and may recruit,793
train, and supervise the services of community volunteers or794
volunteer groups for volunteer programs. In accordance with state 795
guidelines, the director may reimburse volunteers for necessary 796
and appropriate expenses, such as travel expenses, that they incur 797
in the course of their volunteer service to the department. The 798
director may designate volunteers in a volunteer program as state 799
employees for the purpose of motor vehicle accident liability800
insurance under section 9.83 of the Revised Code, for the purpose 801
of immunity under section 9.86 of the Revised Code, and for the 802
purpose of indemnification from liability incurred in the 803
performance of their duties under section 9.87 of the Revised 804
Code.805

       Sec. 1501.32.  (A) No person shall divert more than one806
hundred thousand gallons per day of any waters of the state out of 807
the Lake Erie or Ohio river drainage basins to another basin808
without having a permit to do so issued by the director of natural 809
resources. An application for such a permit shall be filed with 810
the director upon such forms as hethe director prescribes. The 811
application shall state the quantity of water to be diverted, the 812
purpose of the diversion, the life of the project for which the813
water is to be diverted, and such other information as the814
director may require by rule. Each application shall be815
accompanied by a nonrefundable fee of one thousand dollars, which816
shall be credited to the water management fund, which is hereby817
created.818

       (B) The director shall not approve a permit application filed 819
under this section if hethe director determines that any of the 820
following applyapplies:821

       (1) During the life of the project for which the water is to 822
be diverted, some or all of the water to be diverted will be823
needed for use within the basin;.824

       (2) The proposed diversion would endanger the public health, 825
safety, or welfare;.826

       (3) The applicant has not demonstrated that the proposed827
diversion is a reasonable and beneficial use and is necessary to828
serve the applicant's present and future needs;.829

       (4) The applicant has not demonstrated that reasonable830
efforts have been made to develop and conserve water resources in831
the importing basin and that further development of those832
resources would engender overriding, adverse economic, social, or833
environmental impacts;.834

       (5) The proposed diversion is inconsistent with regional or 835
state water resources plans;.836

       (6) The proposed diversion, alone or in combination with837
other diversions and water losses, will have a significant adverse 838
impact on in-stream uses or on economic or ecological aspects of 839
water levels.840

       The director may hold public hearings upon any application841
for a permit.842

       (C) Whenever the director receives an application under this 843
section to divert water out of the Lake Erie drainage basin, he844
the director shall notify the governors and premiers of the other 845
great lakes states and provinces, the appropriate water management846
agencies of those states and provinces, and, when appropriate, the 847
international joint commission and shall solicit their comments 848
and concerns regarding the application. In the event of an 849
objection to the proposed diversion, the director shall consult 850
with the affected great lakes states and provinces to consider the 851
issues involved and seek mutually agreeable recommendations. 852
Before rendering a decision on the permit application, the 853
director shall consider the concerns, comments, and 854
recommendations of the other great lakes states and provinces and 855
the international joint commission, and, in accordance with856
section 1109 of the "Water Resources Development Act of 1986," 100 857
Stat. 4230, 42 U.S.C.A. 1962d-20, the director shall not approve a 858
permit application for any diversion to which that section 859
pertains unless that diversion is approved by the governor of each 860
great lakes state as defined in section 1109(c) of that act.861

       (D) The director shall determine the period for which each862
permit approved under this section will be valid and specify the863
expiration date, but in no case shall a permit be valid beyond the 864
life of the project as stated in the application.865

       The director shall establish rules providing for the transfer 866
of permits. A permit may be transferred on the conditions that the 867
quantity of water diverted not be increased and that the purpose 868
of the diversion not be changed.869

       (E)(1) Within a time established by rule, the director shall 870
do one of the following:871

       (a) Notify the applicant that an application hethe applicant872
filed under this section is approved or denied and, if denied, the873
reason for denial;874

       (b) Notify the applicant of any modification necessary to875
qualify the application for approval.876

       (2) Any person who receives notice of a denial or877
modification under division (E)(1) of this section is entitled to878
a hearing under Chapter 119. of the Revised Code if the person879
sends a written request for a hearing to the director within880
thirty days after the date on which the notice is mailed or881
otherwise provided to the applicant.882

       (F) The director shall revoke a permit under this section883
without a prior hearing if hethe director determines that the884
quantity of water being diverted exceeds the quantity stated in 885
the permit application.886

       The director may suspend a permit if hethe director887
determines that the continued diversion of water will endanger the 888
public health, safety, or welfare. Before suspending a permit, the 889
director shall make a reasonable attempt to notify the permittee 890
that hethe director intends to suspend the permit. If the attempt 891
fails, notification shall be given as soon as practicable 892
following the suspension. Within five days after the suspension, 893
the director shall provide the permittee an opportunity to be 894
heard and to present evidence that the continued diversion of 895
water will not endanger the public health, safety, or welfare.896

       If the director determines before the expiration date of a897
suspended permit that the diversion of water can be resumed898
without danger to the public health, safety, or welfare, hethe899
director shall, upon request of the permittee, reinstate the 900
permit.901

       (G) Any six or more residents of this state may petition the 902
director for an investigation of a withdrawal of water resources 903
that they allege is in violation of a permit issued under this 904
section.905

       The petition shall identify the permittee and detail the906
reasons why the petitioners believe that grounds exist for the907
revocation or suspension of the permit under this section.908

       Upon receipt of the petition, the director shall send a copy 909
to the permittee and, within sixty days, make a determination 910
whether grounds exist for revocation or suspension of the permit 911
under this section.912

       (H) Each permittee shall submit to the director an annual 913
report containing such information as the director may require by 914
rule.915

       (I) The director shall issue a permit under division (A) of 916
this section to any person who lawfully diverted more than one 917
hundred thousand gallons per day of any waters of the state out of 918
the Ohio river drainage basin during the calendar year ending 919
October 14, 1984. A person who is eligible for a permit under this 920
division shall file an application under division (A) of this 921
section not later than one hundred eighty days after the effective 922
date of this amendment.923

        A person who applies for a permit under this division need 924
not pay the application fee that is otherwise required under 925
division (A) of this section. In addition, divisions (B) to (H) of 926
this section and rules adopted under section 1501.31 of the 927
Revised Code do not apply to an application that is filed or a 928
permit that is issued under this division.929

       Sec. 1501.45.  (A) As used in this section:930

       (1) "Forfeiture laws" means provisions that are established 931
in Title XXIX of the Revised Code and that govern the forfeiture 932
and disposition of certain property that is seized pursuant to a 933
law enforcement investigation.934

       (2) "Law enforcement division" means the division of 935
forestry, the division of natural areas and preserves, the 936
division of wildlife, the division of parks and recreation, or the 937
division of watercraft in the department of natural resources.938

       (3) "Law enforcement fund" means a fund created in this 939
section.940

       (B) Except as otherwise provided in this section and 941
notwithstanding any provision of the Revised Code that is not in 942
Title XV of the Revised Code to the contrary, the forfeiture laws 943
apply to a law enforcement division that substantially conducts an 944
investigation that results in the ordered forfeiture of property 945
and also apply to the involved forfeiture of property, and the law 946
enforcement division shall comply with those forfeiture laws. 947
Accordingly, the portion of the forfeiture laws that authorizes 948
certain proceeds from forfeited property to be distributed to the 949
law enforcement agency that substantially conducted the 950
investigation that resulted in the seizure of the subsequently 951
forfeited property apply to the law enforcement divisions. If a 952
law enforcement division is eligible to receive such proceeds, the 953
proceeds shall be deposited into the state treasury to the credit 954
of the applicable law enforcement fund.955

       (C) There are hereby created in the state treasury the 956
division of forestry law enforcement fund, the division of natural 957
areas and preserves law enforcement fund, the division of wildlife 958
law enforcement fund, the division of parks and recreation law 959
enforcement fund, and the division of watercraft law enforcement 960
fund. The funds shall consist of proceeds from forfeited property 961
that are deposited in accordance with this section. The funds 962
shall be used by the applicable law enforcement division for law 963
enforcement purposes specified in the forfeiture laws; however, a 964
law enforcement division shall not use such funds to pay the 965
salaries of its employees or to provide for any other remuneration 966
of personnel.967

       (D) If the forfeiture laws conflict with any provisions that 968
govern forfeitures and that are established in another section of 969
Title XV of the Revised Code, the provisions established in the 970
other section of Title XV apply.971

       Sec. 1502.01.  As used in this chapter:972

       (A) "Litter" means garbage, trash, waste, rubbish, ashes,973
cans, bottles, wire, paper, cartons, boxes, automobile parts,974
furniture, glass, or anything else of an unsightly or unsanitary975
nature thrown, dropped, discarded, placed, or deposited by a976
person on public property, on private property not owned by the977
person, or in or on waters of the state unless one of the 978
following applies:979

       (1) The person has been directed to do so by a public980
official as part of a litter collection drive;.981

       (2) The person has thrown, dropped, discarded, placed, or982
deposited the material in a receptacle in a manner that prevented983
its being carried away by the elements;.984

       (3) The person has been issued a permit or license covering 985
the material pursuant to Chapter 3734. or 6111. of the Revised 986
Code.987

       (B) "Recycling" means the process of collecting, sorting,988
cleansing, treating, and reconstituting waste or other discarded989
materials for the purpose of recovering and reusing the materials.990

       (C) "Agency of the state" includes, but is not limited to, an 991
"agency" subject to Chapter 119. of the Revised Code and a "state 992
university or college" as defined in section 3345.12 of the 993
Revised Code.994

       (D) "WasteSource reduction" means activities that decrease 995
the initial production of waste materials at their point of 996
origin.997

       (E) "Enterprise" means a business with its principal place of 998
business in this state and that proposes to engage in research and 999
development or recycling in this state.1000

       (F) "Research and development" means inquiry,1001
experimentation, or demonstration to advance basic scientific or1002
technical knowledge or the application, adaptation, or use of1003
existing or newly discovered scientific or technical knowledge1004
regarding recycling, wastesource reduction, or litter prevention.1005

       (G) "Recyclables" means waste materials that are collected, 1006
separated, or processed and used as raw materials or products.1007

       (H) "Recycling market development" means activities that1008
stimulate the demand for recycled products, provide for a1009
consistent supply of recyclables to meet the needs of recycling1010
industries, or both.1011

       (I) "Solid waste management districts" means solid waste1012
management districts established under Chapter 343. of the Revised 1013
Code.1014

       (J) "Synthetic rubber" means produced or extended rubber and 1015
products made from a synthetic rubber base material originating 1016
from petrochemical feedstocks, including scrap tires, tire molds, 1017
automobile engine belts, brake pads and hoses, weather stripping, 1018
fittings, electrical insulation, and other molded objects and 1019
parts.1020

       Sec. 1502.03.  (A) The chief of the division of recycling and 1021
litter prevention shall establish and implement statewide waste1022
source reduction, recycling, recycling market development, and 1023
litter prevention programs that include all of the following:1024

       (1) The assessment of waste generation within the state and 1025
implementation of wastesource reduction practices;1026

       (2) The implementation of recycling and recycling market 1027
development activities and projects, including all of the 1028
following:1029

       (a) Collection of recyclables;1030

       (b) Separation of recyclables;1031

       (c) Processing of recyclables;1032

       (d) Facilitation and encouragement of the use of recyclables 1033
and products made with recyclables;1034

       (e) Education and training concerning recycling and products1035
manufactured with recyclables;1036

       (f) Public awareness campaigns to promote recycling;1037

       (g) Other activities and projects that promote recycling and 1038
recycling market development.1039

       (3) Litter prevention assistance to enforce antilitter laws, 1040
educate the public, and stimulate collection and containment of 1041
litter;1042

       (4) Research and development regarding wastesource1043
reduction, recycling, and litter prevention, including, without1044
limitation, research and development regarding materials or1045
products manufactured with recyclables.1046

       (B) The chief, with the approval of the director of natural 1047
resources, may enter into contracts or other agreements and may 1048
execute any instruments necessary or incidental to the discharge 1049
of the chief's responsibilities under this chapter.1050

       Sec. 1502.12. (A) There is hereby created in the state1051
treasury the scrap tire grant fund, consisting of moneys1052
transferred to the fund under section 3734.82 of the Revised Code.1053
The chief of the division of recycling and litter prevention, with1054
the approval of the director of natural resources, may make grants1055
from the fund for the purpose of supporting market development1056
activities for scrap tires and synthetic rubber from tire 1057
manufacturing processes and tire recycling processes. The grants 1058
may be awarded to individuals, businesses, and entities certified 1059
under division (A) of section 1502.04 of the Revised Code.1060

       (B) Projects and activities that are eligible for grants1061
under this section shall be evaluated for funding using, at a1062
minimum, the following criteria:1063

       (1) The degree to which a proposed project contributes to the 1064
increased use of scrap tires generated in this state;1065

       (2) The degree of local financial support for a proposed1066
project;1067

       (3) The technical merit and quality of a proposed project.1068

       Sec. 1504.02.  (A) The division of real estate and land1069
management shall do all of the following:1070

       (1) Except as otherwise provided in the Revised Code,1071
coordinate and conduct all real estate functions for the1072
department of natural resources, including at least acquisitions1073
by purchase, lease, gift, devise, bequest, appropriation, or1074
otherwise; grants through sales, leases, exchanges, easements, and 1075
licenses; inventories of land; and other related general1076
management duties;1077

       (2) Assist the department and its divisions by providing1078
department-wide planning, including at least master planning,1079
comprehensive planning, capital improvements planning, and special 1080
purpose planning such as trails coordination and planning under 1081
section 1519.03 of the Revised Code;1082

       (3) On behalf of the director of natural resources,1083
administer the coastal management program established under1084
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised1085
Code and consult with and provide coordination among state1086
agencies, political subdivisions, the United States and agencies1087
of it, and interstate, regional, and areawide agencies to assist1088
the director in executing the director's duties and1089
responsibilities under that program and to assist the department 1090
as the lead agency for the development and implementation of the 1091
program;1092

       (4) On behalf of the director, administer sections 1506.101093
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code;1094

       (5) Cooperate with the United States and agencies of it and 1095
with political subdivisions in administering federal recreation 1096
moneys under the "Land and Water Conservation Fund Act of 1965," 1097
78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare and 1098
distribute the statewide comprehensive outdoor recreation plan; 1099
and administer the state recreational vehicle fund created in 1100
section 4519.11 of the Revised Code;1101

       (6)(a) Support the geographic information system needs for1102
the department as requested by the director, which shall include,1103
but not be limited to, all of the following:1104

       (i) Assisting in the training and education of department1105
resource managers, administrators, and other staff in the1106
application and use of geographic information system technology;1107

       (ii) Providing technical support to the department in the1108
design, preparation of data, and use of appropriate geographic1109
information system applications in order to help solve resource1110
related problems and to improve the effectiveness and efficiency1111
of department delivered services;1112

       (iii) Creating, maintaining, and documenting spatial digital 1113
data bases for the division and for other divisions as assigned by 1114
the director.1115

       (b) Provide information to and otherwise assist government1116
officials, planners, and resource managers in understanding land1117
use planning and resource management;1118

       (c) Provide continuing assistance to local government1119
officials and others in natural resource digital data base1120
development and in applying and utilizing the geographic1121
information system for land use planning, current agricultural use 1122
value assessment, development reviews, coastal management, and 1123
other resource management activities;1124

       (d) Coordinate and administer the remote sensing needs of the 1125
department, including the collection and analysis of aerial1126
photography, satellite data, and other data pertaining to land,1127
water, and other resources of the state;1128

       (e) Prepare and publish maps and digital data relating to the 1129
state's land use and land cover over time on a local, regional, 1130
and statewide basis;1131

       (f) Locate and distribute hard copy maps, digital data,1132
aerial photography, and other resource data and information to1133
government agencies and the public.1134

       (7) Prepare special studies and execute any other duties,1135
functions, and responsibilities requested by the director.1136

       (B) The division may do any of the following:1137

       (1) Coordinate such environmental matters concerning the1138
department and the state as are necessary to comply with the1139
"National Environmental Policy Act of 1969," 83 Stat. 852, 421140
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act1141
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water1142
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, as 1143
amended, and regulations adopted under those acts;1144

       (2) On behalf of the director, administer Chapter 1520. of1145
the Revised Code, except divisions (B) to (F) of section 1520.031146
of the Revised Code, division (A) of section 1520.04 of the1147
Revised Code as it pertains to those divisions, and section1148
1520.05 of the Revised CodeWith the approval of the director, 1149
coordinate and administer compensatory mitigation grant programs 1150
and other programs for streams and wetlands as approved in 1151
accordance with certifications and permits issued under sections 1152
401 and 404 of the "Federal Water Pollution Control Act", 91 Stat. 1153
1566(1977), 33 U.S.C.A. 1251, as amended, by the environmental 1154
protection agency and the United States army corps of engineers;1155

       (3) Administer any state or federally funded grant program1156
that is related to natural resources and recreation as considered1157
necessary by the director.1158

       Sec. 1506.04.  (A) No later than six months after the1159
effective date of this sectionSeptember 15, 1989, each county or1160
municipal corporation within whose jurisdiction is a coastal flood 1161
hazard area shall either participate in and remain in compliance 1162
with the national flood insurance program established in the 1163
"Flood Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 1164
4002, as amended, or shall adopt resolutions or ordinances 1165
governing the coastal flood hazard area that meet or exceed the 1166
standards required for participation in the regular phase of the 1167
national flood insurance program.1168

       (B) If the director of natural resources determines at any1169
time that a county or municipal corporation that is participating1170
in the national flood insurance program as described in division1171
(A) of this section or has adopted resolutions or ordinances under 1172
that division (A) of this section is not in compliance with that 1173
program or those resolutions or ordinances, as applicable, hethe 1174
director shall so notify the legislative authority of the county 1175
or municipal corporation and shall also notify the legislative 1176
authority that it may respond to histhe determination in 1177
accordance with the procedure for doing so established by rules 1178
adopted under section 1506.02 of the Revised Code. If after 1179
considering the legislative authority's response the director 1180
determines that the county or municipal corporation is still not 1181
in compliance with the national flood insurance program or 1182
resolutions or ordinances adopted under division (A) of this 1183
section, as applicable, hethe director may request the attorney 1184
general in writing to, and the attorney general shall, bring an 1185
action for appropriate relief in a court of competent jurisdiction 1186
against the county or municipal corporation.1187

       (C) The attorney general, upon the written request of the1188
director, shall bring an action for appropriate relief in a court1189
of competent jurisdiction against any development that meets both1190
of the following criteria:1191

       (1) Is located in a county or municipal corporation that is 1192
not in compliance with division (A) of this section;1193

       (2) Is not in compliance with the standards of the national 1194
flood insurance program established in the "Flood Disaster 1195
Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, as 1196
amended.1197

As used in this division, "development" means any artificial1198
change to improved or unimproved real estate, including, without1199
limitation, the construction of buildings and other structures and 1200
mining, dredging, filling, grading, paving, excavation, and1201
drilling operations.1202

       (D) This section does not apply to any permits or approvals 1203
issued by any state agency prior to the effective date of rules 1204
adopted under section 1506.02 of the Revised Code for the 1205
implementation of this section.1206

       (E) As used in this section, "national flood insurance 1207
program" and "development" have the same meanings as in section 1208
1521.01 of the Revised Code.1209

       Sec. 1507.01.  There is hereby created in the department of1210
natural resources the division of engineering to be administered1211
by the chief engineer of the department, who shall be a1212
professional engineer registered under Chapter 4733. or a 1213
professional architect certified under Chapter 4703. of the1214
Revised Code. The chief engineer shall do all of the following:1215

       (A) Administer this chapter;1216

       (B) Provide engineering, architectural, land surveying, and1217
related administrative and maintenance support services to the1218
other divisions in the department;1219

       (C) Upon request of the director of natural resources,1220
implement the department's capital improvement program and1221
facility maintenance projects, including all associated1222
engineering, architectural, design, contracting, surveying,1223
inspection, and management responsibilities and requirements;1224

       (D) With the approval of the director, act as contracting1225
officer in departmental engineering, architectural, surveying, and1226
construction matters regarding capital improvements except for1227
those matters otherwise specifically provided for in law;1228

       (E) Provide engineering support for the coastal management1229
program established under Chapter 1506. of the Revised Code;1230

       (F) Coordinate the department's roadway maintenance program1231
with the department of transportation pursuant to section 5511.051232
of the Revised Code and maintain the roadway inventory of the1233
department of natural resources;1234

       (G) Coordinate the department's projects, programs, policies, 1235
procedures, and activities with the United States army corps of 1236
engineers;1237

       (H) Subject to the approval of the director, employ1238
professional and technical assistants and such other employees as1239
are necessary for the performance of the activities required or1240
authorized under this chapter, other work of the division, and any1241
other work agreed to under working agreements or contractual1242
arrangements; prescribe their duties; and fix their compensation1243
in accordance with such schedules as are provided by law for the1244
compensation of state employees.1245

       Sec. 1510.04.  (A) Independent producers in this state may 1246
present the technical advisory council with a petition signed by 1247
the lesser of one hundred or ten per cent of all such producers 1248
requesting that the council hold a referendum in accordance with 1249
section 1510.05 of the Revised Code to establish a marketing 1250
program for oil and natural gas or to amend an existing program.1251

       (B) At the time of presentation of the petition to the 1252
council under division (A) of this section, the petitioners also 1253
shall present the proposed program or amendment, which shall 1254
include all of the following:1255

       (1) The rate of assessment to be made on the production of 1256
oil and natural gas in this state, which shall not exceed one cent1257
five cents per each gross barrel of oil and one-tenth of one cent 1258
per thousand cubic feet of natural gas;1259

       (2) Terms, conditions, limitations, and other qualifications 1260
for assessment;1261

       (3) Procedures to refund the assessment.1262

       (C) Before making a decision under this division to approve 1263
or disapprove a proposed program or amendment, the council shall 1264
publish in at least two appropriate periodicals designated by the 1265
council a notice that the program or amendment has been proposed 1266
and informing interested persons of the procedures for submitting 1267
comments regarding the proposal. After publishing the notice, the 1268
council shall provide interested persons with a copy of the 1269
proposed program or amendment and an opportunity to comment on the 1270
proposed program or amendment for thirty days after the 1271
publication of the notice. The petitioners may make changes to the 1272
proposed program or amendment based upon the comments received. 1273
The council may make technical changes to the proposal to ensure 1274
compliance with this chapter. Subsequent to any changes made by 1275
the petitioners or any technical changes made by the council to a 1276
proposed program or amendment, the council may approve or 1277
disapprove the proposed program or amendment.1278

       (D) If the council approves the proposed program or 1279
amendment, with any changes made under division (C) of this 1280
section, the council shall hold a referendum in accordance with 1281
section 1510.05 of the Revised Code to establish a marketing 1282
program for oil and natural gas or to amend an existing program.1283

       Sec. 1511.021.  (A) Any person who owns or operates1284
agricultural land or a concentrated animal feeding operation may1285
develop and operate under an operation and management plan1286
approved by the chief of the division of soil and water1287
conservation under section 1511.02 of the Revised Code or by the1288
supervisors of the local soil and water conservation district1289
under section 1515.08 of the Revised Code.1290

       (B) Any person who wishes to make a complaint regarding1291
nuisances involving agricultural pollution may do so onlyorally 1292
or by submitting a written, signed, and dated complaint to the1293
chief or to the chief's designee. After receiving an oral 1294
complaint, the chief or the chief's designee may cause an 1295
investigation to be conducted to determine whether agricultural 1296
pollution has occurred or is imminent. After receiving a written, 1297
signed, and dated complaint, the chief or the chief's designee 1298
shall cause such an investigation to be conducted.1299

       (C) In a private civil action for nuisances involving1300
agricultural pollution, it is an affirmative defense if the person1301
owning, operating, or otherwise responsible for agricultural land1302
or a concentrated animal feeding operation is operating under and1303
in substantial compliance with an approved operation and1304
management plan developed under division (A) of this section, with1305
an operation and management plan developed by the chief under1306
section 1511.02 of the Revised Code or by the supervisors of the1307
local soil and water conservation district under section 1515.081308
of the Revised Code, or with an operation and management plan1309
required by an order issued by the chief under division (G) of1310
section 1511.02 of the Revised Code. Nothing in this section is in1311
derogation of the authority granted to the chief in division (E)1312
of section 1511.02 and in section 1511.07 of the Revised Code.1313

       Sec. 1513.01.  As used in this chapter:1314

       (A) "Approximate original contour" means that surface1315
configuration achieved by backfilling and grading of a mined area1316
so that the reclaimed area, including any terracing or access1317
roads, closely resembles the general surface configuration of the1318
land prior to mining and blends into and complements the drainage1319
pattern of the surrounding terrain, with all highwalls and spoil1320
piles eliminated; water impoundments may be permitted where the1321
chief of the division of mineral resources management determines 1322
that they are in compliance with division (A)(8) of section 1323
1513.16 of the Revised Code.1324

       (B) "Coal mining and reclamation operations" means coal1325
mining operations and all activities necessary and incident to the 1326
reclamation of such operations.1327

       (C) "Degrees" means inclination from the horizontal.1328

       (D) "Deposition of sediment" means placing or causing to be 1329
placed in any waters of the state, in stream beds on or off the 1330
land described in an application for a coal mining permit, or upon 1331
other lands any organic or inorganic matter that settles or is 1332
capable of settling to the bottom of the waters and onto the beds 1333
or lands.1334

       (E) "Imminent danger to the health and safety of the public" 1335
means the existence of any condition or practice or violation of a 1336
permit or other requirement of this chapter or rule adopted1337
thereunder in a coal mining and reclamation operation, which 1338
condition, practice, or violation could reasonably be expected to 1339
cause substantial physical harm to persons outside the permit area 1340
before the condition, practice, or violation can be abated. A 1341
reasonable expectation of death or serious injury before abatement 1342
exists if a rational person subjected to the same conditions or 1343
practices giving rise to the peril would not expose oneself to the1344
danger during the time necessary for abatement.1345

       (F) "Lands eligible for remining" means those lands that 1346
otherwise would be eligible for expenditures under division (C)(1) 1347
of section 1513.37 of the Revised Code.1348

       (G) "Mountain top removal" means a coal mining operation that 1349
will remove an entire coal seam or seams running through the upper 1350
fraction of a mountain, ridge, or hill by removing all of the 1351
overburden and creating a level plateau with no highwalls1352
remaining instead of restoring to approximate original contour,1353
and is capable of supporting postmining uses in accordance with 1354
the requirements established by the chief.1355

       (H) "Operation" or "coal mining operation" means:1356

       (1) Activities conducted on the surface of lands in1357
connection with a coal mine, the removal of coal from coal refuse1358
piles, and surface impacts incident to an underground coal mine. 1359
Such activities include excavation for the purpose of obtaining1360
coal, including such common methods as contour, strip, auger,1361
mountaintop removal, box cut, open pit, and area mining; the use1362
of explosives and blasting; in situ distillation or retorting; 1363
leaching or other chemical or physical processing; and the 1364
cleaning, concentrating, or other processing or preparation of 1365
coal. Such activities also include the loading of coal at or near 1366
the mine site. Such activities do not include any of the 1367
following:1368

       (a) The extraction of coal incidental to the extraction of1369
other minerals if the weight of coal extracted is less than 1370
one-sixth the total weight of minerals removed, including coal;1371

       (b) The extraction of coal as an incidental part of federal, 1372
state, or local highway or other government-financed construction 1373
when approved by the chief;1374

       (c) Coal exploration subject to section 1513.072 of the1375
Revised Code.1376

       (2) The areas upon which such activities occur or where such 1377
activities disturb the natural land surface. Such areas include 1378
any adjacent land the use of which is incidental to any such 1379
activities, all lands affected by the construction of new roads or 1380
the improvement or use of existing roads to gain access to the 1381
site of such activities, and for hauling, and excavation,1382
workings, impoundments, dams, ventilation shafts, entryways,1383
refuse banks, dumps, stockpiles, overburden piles, spoil banks,1384
culm banks, holes or depressions, repair areas, storage areas,1385
processing areas, shipping areas, and other areas upon which are1386
sited structures, facilities, or other property or materials on1387
the surface, resulting from or incident to such activities. 1388
Separation by a stream, roadway, or utility easement does not 1389
preclude two or more contiguous tracts of land from being 1390
considered contiguous.1391

       (I) "Operator" means any person conducting a coal mining1392
operation.1393

       (J) "Overburden" means all of the earth and other materials, 1394
except topsoil, covering a natural deposit of coal, and also means 1395
such earth and other materials after removal from their natural 1396
state in the process of coal mining.1397

       (K) "Permit" means a permit to conduct coal mining and1398
reclamation operations issued by the chief pursuant to section1399
1513.07 or 1513.074 of the Revised Code.1400

       (L) "Permit area" means the area of land to be affected1401
indicated on the approved map submitted by the operator with the1402
application required by section 1513.07 or 1513.074 of the Revised 1403
Code.1404

       (M) "Person" has the same meaning as in section 1.59 of the 1405
Revised Code and also includes any political subdivision, 1406
instrumentality, or agency of this state or the United States.1407

       (N) "Pollution" means placing any sediments, solids, or1408
waterborne mining related wastes, including, but not limited to,1409
acids, metallic cations, or their salts, in excess of amounts1410
prescribed by the chief into any waters of the state or affecting1411
the properties of any waters of the state in a manner that renders 1412
those waters harmful or inimical to the public health, or to 1413
animal or aquatic life, or to the use of the waters for domestic 1414
water supply, industrial or agricultural purposes, or recreation.1415

       (O) "Prime farmland" has the same meaning as that previously 1416
prescribed by the secretary of the United States department of 1417
agriculture as published in the federal register on August 23, 1418
1977, or subsequent revisions thereof, on the basis of such 1419
factors as moisture availability, temperature regime, chemical 1420
balance, permeability, surface layer composition, susceptibility 1421
to flooding, and erosion characteristics and that historically has 1422
been used for intensive agricultural purposes, and as published in 1423
the rules adopted pursuant to this chapter.1424

       (P) "Reclamation" means backfilling, grading, resoiling,1425
planting, and other work that has the effect of restoring an area1426
of land affected by coal mining so that it may be used for forest1427
growth, grazing, agricultural, recreational, and wildlife purpose, 1428
or some other useful purpose of equal or greater value than 1429
existed prior to any mining.1430

       (Q) "Spoil bank" means a deposit of removed overburden.1431

       (R) "Steep slope" means any slope above twenty degrees or1432
such lesser slope as may be defined by the chief after considering 1433
soil, climate, and other characteristics of a region.1434

       (S) "Strip mining" means those coal mining and reclamation1435
operations incident to the extraction of coal from the earth by1436
removing the materials over a coal seam, before recovering the1437
coal, by auger coal mining, or by recovery of coal from a deposit1438
that is not in its original geologic location.1439

       (T) "Unwarranted failure to comply" means the failure of a1440
permittee to prevent the occurrence of any violation of any1441
requirement of this chapter due to indifference, lack of 1442
diligence, or lack of reasonable care, or the failure to abate any 1443
violation of the permit or this chapter due to indifference, lack 1444
of diligence, or lack of reasonable care.1445

       (U) "Waters of the state" means all streams, lakes, ponds,1446
marshes, watercourses, waterways, wells, springs, irrigation1447
systems, drainage systems, and other bodies or accumulations of 1448
water, surface or underground, natural or artificial, regardless 1449
of the depth of the strata in which underground water is located, 1450
that are situated wholly or partly within, or border upon, this 1451
state, or are within its jurisdiction.1452

       (V) "Public roadway" means a road that is all of the 1453
following:1454

       (1) Designated as a public road in the jurisdiction within1455
which it is located;1456

       (2) Constructed in a manner consistent with other public1457
roads within the jurisdiction within which it is located;1458

       (3) Regularly maintained with public funds;1459

       (4) Subject to and available for substantial use by the1460
public.1461

       (W) "Performance security" means a form of financial 1462
assurance, including, without limitation, a surety bond issued by 1463
a surety licensed to do business in this state; an annuity; cash; 1464
a negotiable certificate of deposit; an irrevocable letter of 1465
credit that automatically renews; a negotiable bond of the United 1466
States, this state, or a municipal corporation in this state; a 1467
trust fund of which the state is named a conditional beneficiary; 1468
or other form of financial guarantee or financial assurance that 1469
is acceptable to the chief.1470

       Sec. 1513.02.  (A) The division of mineral resources 1471
management shall administer, enforce, and implement this chapter. 1472
The chief of the division of mineral resources management shall do 1473
all of the following:1474

       (1) Adopt, amend, and rescind rules:1475

       (a) To administer and enforce this chapter;1476

       (b) To implement the requirements of this chapter for the1477
reclamation of lands affected by coal mining, including such rules 1478
governing mining practices and procedures, segregation and1479
placement of soil and topsoil, backfilling, grading, terracing,1480
resoiling, soil conditioning and reconditioning, planting,1481
establishment of drainage patterns, construction of impoundments,1482
and the construction, maintenance, and disposition of haul roads,1483
ditches, and dikes, as may be necessary or desirable, under1484
varying conditions of slope, drainage, physical and chemical1485
characteristics of soil and overburden, erodability of materials,1486
season, growth characteristics of plants, and other factors1487
affecting coal mining and reclamation, to facilitate the return of 1488
the land to a condition required by this chapter; to prevent1489
pollution or substantial diminution of waters of the state,1490
substantial erosion, substantial deposition of sediment,1491
landslides, accumulation and discharge of acid water, and1492
flooding, both during mining and reclamation and thereafter; to1493
restore the recharge capacity of the mined area to approximate1494
premining conditions; and to ensure full compliance with all1495
requirements of this chapter relating to reclamation, and the1496
attainment of those objectives in the interest of the public1497
health, safety, and welfare to which these reclamation1498
requirements are directed;1499

       (c) To meet the requirements of the "Surface Mining Control 1500
and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 1201.1501

       (2) Issue orders to enforce this chapter and rules adopted1502
under it;1503

       (3) Adopt rules for the internal management of the division 1504
that do not affect private rights;1505

       (4) Adopt programs, rules, and procedures designed to assist 1506
the coal operator in this state with the permitting process and 1507
complying with the environmental standards of this chapter. Upon 1508
request of the applicant for a permit, the chief shall make a 1509
determination of the probable hydrologic consequences required in 1510
division (B)(2)(1)(k) of section 1513.07 of the Revised Code 1511
within sixty days after a permit has been submitted to the 1512
division for those applications requesting the chief to perform 1513
the study. The chief shall perform the chemical analysis of test 1514
borings or core samplings for operators who have a total annual 1515
production of coal at all locations that does not exceed one 1516
hundred thousand tons.1517

       (5) Adopt programs, rules, and procedures designed to ensure 1518
that reclamation is performed on operations for which the1519
performance bondsecurity has been forfeited pursuant to section 1520
1513.16 of the Revised Code;1521

       (6) Receive, administer, and expend moneys obtained from the 1522
United States department of the interior and other federal1523
agencies to implement the state's permanent coal regulatory1524
program;1525

       (7)(a) Regulate the beneficial use of coal combustion 1526
byproducts at coal mining and reclamation operations and abandoned 1527
mine lands that are regulated under this chapter and rules adopted 1528
under it. The beneficial use of coal combustion byproducts at such 1529
coal mining and reclamation operations and abandoned mine lands is 1530
subject to all applicable performance standards and requirements 1531
established under this chapter and rules adopted under it, 1532
including, without limitation, standards and requirements 1533
established under section 1513.16 of the Revised Code and rules 1534
adopted pursuant to it.1535

       The beneficial use of coal combustion byproducts that is1536
authorized at coal mining and reclamation operations and abandoned 1537
mine lands that are regulated under this chapter and rules adopted 1538
under it is not subject to the following provisions of Chapters 1539
3734. and 6111. of the Revised Code and rules adopted under those 1540
provisions:1541

       (i) Permit and license requirements for solid waste 1542
facilities established under sections 3734.02 and 3734.05 of the 1543
Revised Code;1544

       (ii) The prohibition against the open dumping of solid wastes 1545
established in section 3734.03 of the Revised Code;1546

       (iii) Solid waste generation and disposal fees established 1547
under sections 3734.57 to 3734.574 of the Revised Code;1548

       (iv) Permit to install and plan approval requirements 1549
established under sections 6111.03, 6111.44, and 6111.45 of the 1550
Revised Code.1551

       Nothing in division (A)(7) of this section shall be construed 1552
to limit any other requirements that are applicable to the 1553
beneficial use of coal combustion byproducts and that are1554
established under Chapter 3704., 3714., 3734., or 6111. of the1555
Revised Code or under local or federal laws, including, without 1556
limitation, requirements governing air pollution control permits, 1557
hazardous waste, national pollutant discharge elimination system 1558
permits, and section 401 water quality certifications.1559

       (b) As used in division (A)(7) of this section:1560

       (i) "Coal combustion byproducts" means fly ash, bottom ash, 1561
coal slag, flue gas desulphurization and fluidized bed combustion 1562
byproducts, air or water pollution control residues from the 1563
operation of a coal-fired electric or steam generation facility, 1564
and any material from a clean coal technology demonstration 1565
project or other innovative process at a coal-fired electric or 1566
steam generation facility.1567

       (ii) "Beneficial use" means the use of coal combustion 1568
byproducts in a manner that is not equivalent to the establishment 1569
of a disposal system or a solid waste disposal facility and that 1570
is unlikely to affect human health or safety or the environment 1571
adversely or to degrade the existing quality of the land, air, or 1572
water. "Beneficial use" includes, without limitation, land 1573
application uses for agronomic value; land reclamation uses; and 1574
discrete, controlled uses for structural fill, pavement aggregate, 1575
pipe bedding aggregate, mine sealing, alternative drainage or 1576
capping material, and pilot demonstration projects.1577

       (iii) "Structural fill" means the discrete, controlled use of 1578
a coal combustion byproduct as a substitute for a conventional 1579
aggregate, raw material, or soil under or immediately adjacent to 1580
a building or structure. "Structural fill" does not include uses 1581
that involve general filling or grading operations or valley 1582
fills.1583

       (iv) "Pavement aggregate" means the discrete, controlled use 1584
of a coal combustion byproduct as a subbase material or drainage 1585
layer under or immediately adjacent to a paved road or a paved 1586
parking lot where the coal combustion byproduct is a substitute 1587
for a conventional aggregate, raw material, or soil.1588

       (v) "Pipe bedding aggregate" means the discrete, controlled 1589
use of a coal combustion byproduct as a substitute for a 1590
conventional aggregate, raw material, or soil under, around, or 1591
immediately adjacent to a water, sewer, or other pipeline.1592

       (vi) "Coal-fired electric or steam generation facility" 1593
includes any boiler that is fired with coal or with coal in 1594
combination with petroleum coke, oil, natural gas, or any other 1595
fossil fuel.1596

       (vii) "Solid waste disposal facility" means a facility for 1597
the disposal of solid wastes as provided in Chapter 3734. of the1598
Revised Code and rules adopted under it.1599

       (viii) "Disposal system" has the same meaning as in section 1600
6111.01 of the Revised Code.1601

       (8) Establish programs and adopt rules and procedures 1602
governing terms, limitations, and conditions for the use of diesel 1603
equipment in an underground coal mine.1604

       (B) The chief, by rule, may designate as unsuitable for coal 1605
mining natural areas maintained on the registry of natural areas 1606
of the department of natural resources pursuant to Chapter 1517. 1607
of the Revised Code, wild, scenic, or recreational river areas 1608
designated pursuant to that chapter, publicly owned or dedicated 1609
parks, and other areas of unique and irreplaceable natural beauty 1610
or condition, or areas within specified distances of a public 1611
road, occupied dwelling, public building, school, church, 1612
community, or institutional building, public park, or cemetery. 1613
Such a designation may include land adjacent to the perimeters of 1614
those areas that may be necessary to protect their integrity.1615

       (C)(1) The adoption, amendment, and rescission of rules under 1616
divisions (A)(1), (4), (5), and , (8), (B) , and (J) of this 1617
section are subject to Chapter 119. of the Revised Code.1618

       (2) The issuance of orders under division (A)(2) of this1619
section and appeals therefrom are not governed by or subject to1620
Chapter 119. of the Revised Code, but are governed by this1621
chapter.1622

       (D)(1) When the chief or an authorized representative of the 1623
chief determines that any condition or practice exists or that any1624
permittee is in violation of any requirement of this chapter or1625
any permit condition required by this chapter, which condition,1626
practice, or violation creates an imminent danger to the health or 1627
safety of the public or is causing, or can reasonably be expected 1628
to cause, significant, imminent environmental harm to land, air, 1629
or water resources, the chief or the authorized representative 1630
immediately shall order the cessation of coal mining and 1631
reclamation operations or the portion thereof relevant to the 1632
condition, practice, or violation. The cessation order shall 1633
remain in effect until the chief or the authorized representative 1634
determines that the condition, practice, or violation has been 1635
abated or until the order is modified, vacated, or terminated by 1636
the chief or the authorized representative pursuant to division 1637
(D)(4) of this section or by the reclamation commission pursuant 1638
to section 1513.13 of the Revised Code. When the chief or the1639
authorized representative finds that the ordered cessation of coal 1640
mining and reclamation operations or any portion thereof will not1641
completely abate the imminent danger to the health or safety of 1642
the public or the significant, imminent environmental harm to 1643
land, air, or water resources, the chief or the authorized1644
representative, in addition to the cessation order, shall order1645
the operator to take whatever steps the chief or the authorized 1646
representative considers necessary to abate the imminent danger or 1647
the significant environmental harm.1648

       (2) When the chief or an authorized representative of the 1649
chief determines that any person is in violation of any 1650
requirement of this chapter or any permit condition required by 1651
this chapter, but the violation does not create an imminent danger 1652
to the health or safety of the public or cannot reasonably be 1653
expected to cause significant, imminent environmental harm to 1654
land, air, or water resources, the chief or the authorized1655
representative shall issue a notice of violation to the person or 1656
the person's agent fixing a reasonable time for the abatement of 1657
the violation, provided that the time afforded a person to abate 1658
the violation shall not exceed the time limitations prescribed by 1659
the secretary of the interior in 30 C.F.R. Part 843 for an 1660
approvable state regulatory program under the "Surface Mining 1661
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 1662
1201.1663

       If, upon expiration of the period of time as originally fixed 1664
or subsequently extended for good cause shown and upon the written 1665
finding of the chief or the authorized representative, the chief 1666
or the authorized representative finds that the violation has not 1667
been abated, the chief or the authorized representative 1668
immediately shall order the cessation of coal mining and 1669
reclamation operations or the portion thereof relevant to the 1670
violation. The cessation order shall remain in effect until the 1671
chief or the authorized representative determines that the 1672
violation has been abated or until the order is modified, vacated, 1673
or terminated by the chief or the authorized representative 1674
pursuant to division (D)(4) of this section or by the reclamation 1675
commission pursuant to section 1513.13 of the Revised Code. In a 1676
cessation order issued under division (D)(2) of this section, the 1677
chief or the authorized representative shall prescribe the steps 1678
necessary to abate the violation in the most expeditious manner 1679
possible.1680

       (3) When in the judgment of the chief or an authorized1681
representative of the chief a pattern of violations of any1682
requirements of this chapter or any permit conditions required by 1683
this chapter exists or has existed and the violations are caused 1684
by the unwarranted failure of the permittee to comply with any1685
requirements of this chapter or any permit conditions or are1686
willfully caused by the permittee, the chief or the authorized1687
representative immediately shall issue an order to the permittee1688
to show cause why the permit should not be suspended or revoked. 1689
If a hearing is requested, the chief shall inform all interested1690
parties of the time and place of the hearing and conduct the1691
hearing pursuant to division (D) of section 1513.13 of the Revised 1692
Code. Upon the permittee's failure to show cause why the permit 1693
should not be suspended or revoked, the chief or the authorized 1694
representative immediately shall suspend or revoke the permit.1695

       (4) Notices of violation and orders issued pursuant to this 1696
section shall set forth with reasonable specificity the nature of 1697
the violation and the remedial action required, the period of time 1698
established for abatement, and a reasonable description of the 1699
portion of the coal mining and reclamation operation to which the 1700
notice or order applies. Each notice or order issued under this 1701
section shall be given promptly to the alleged violator or the 1702
agent of the alleged violator by the chief or an authorized1703
representative of the chief who issues the notice or order. 1704
Notices and orders shall be in writing and shall be signed by the 1705
chief or the authorized representative and may be modified,1706
vacated, or terminated by the chief or the authorized 1707
representative. Any notice or order issued pursuant to this 1708
section that requires cessation of mining by the operator shall 1709
expire within thirty days after actual notice to the operator 1710
unless a public hearing pursuant to section 1513.13 of the Revised 1711
Code is held at the site or within such reasonable proximity to 1712
the site that any viewings of the site can be conducted during the 1713
course of the public hearing.1714

       (E)(1) A person who violates a permit condition or any other 1715
provision of this chapter may be assessed a civil penalty by the 1716
chief, except that if the violation leads to the issuance of a 1717
cessation order under division (D) of this section, the civil 1718
penalty shall be assessed for each day until the person initiates 1719
the necessary corrective steps. The penalty shall not exceed five 1720
thousand dollars for each violation. Each day of continuing 1721
violation may be deemed a separate violation for purposes of 1722
penalty assessments. In determining the amount of the penalty, 1723
consideration shall be given to the person's history of previous 1724
violation at the particular coal mining operation; the seriousness 1725
of the violation, including any irreparable harm to the 1726
environment and any hazard to the health or safety of the public; 1727
whether the person was negligent; and the demonstrated diligence 1728
of the person charged in attempting to achieve rapid compliance 1729
after notification of the violation.1730

       (2) A civil penalty shall be assessed by the chief only after 1731
the person charged with a violation under division (E)(1) of this 1732
section has been given an opportunity for a public hearing. If a 1733
person charged with such a violation fails to avail oneself of the 1734
opportunity for a public hearing, a civil penalty shall be 1735
assessed by the chief after the chief has determined that a 1736
violation did occur, and the amount of the penalty that is 1737
warranted, and has issued an order requiring that the penalty be 1738
paid.1739

       (3) Upon the issuance of a notice or order charging that a1740
violation of this chapter has occurred, the chief shall inform the 1741
operator within thirty days of the proposed amount of the penalty 1742
and provide opportunity for an adjudicatory hearing pursuant to 1743
section 1513.13 of the Revised Code. The person charged with the 1744
penalty then shall have thirty days to pay the proposed penalty in 1745
full or, if the person wishes to contest either the amount of the 1746
penalty or the fact of the violation, file a petition for review 1747
of the proposed assessment with the secretary of the reclamation 1748
commission pursuant to section 1513.13 of the Revised Code. If, 1749
after the hearing, the commission affirms or modifies the proposed 1750
amount of the penalty, the person charged with the penalty then 1751
shall have thirty days after receipt of the written decision to 1752
pay the amount in full or file an appeal with the court of appeals 1753
in accordance with section 1513.14 of the Revised Code. At the 1754
time the petition for review of the proposed assessment is filed 1755
with the secretary, the person shall forward the amount of the 1756
penalty to the secretary for placement in the reclamation penalty 1757
fund, which is hereby created. The fund shall be in the custody of 1758
the treasurer of state, but shall not be a part of the state 1759
treasury. Pursuant to administrative or judicial review of the 1760
penalty, the secretary, within thirty days, shall remit the 1761
appropriate amount of the penalty to the person, with interest, if 1762
it is determined that no violation occurred or that the amount of1763
the penalty should be reduced, and the secretary shall forward the1764
balance of the penalty or, if the penalty was not reduced, the 1765
entire amount of the penalty, with interest, to the chief for 1766
deposit in the coal mining administration and reclamation reserve1767
forfeiture fund created in section 1513.1811513.18 of the Revised1768
Code. Failure to forward the money to the secretary within thirty 1769
days after the chief informs the operator of the proposed amount 1770
of the penalty shall result in a waiver of all legal rights to1771
contest the violation or the amount of the penalty. Within fifteen 1772
days after being informed of the penalty, the person charged with 1773
the penalty may request in writing an informal assessment 1774
conference to review the amount of the penalty. The conference 1775
shall be presided over by the chief or an individual appointed by 1776
the chief other than the inspector that issued the notice of 1777
violation or order upon which the penalty is based. The chief1778
shall adopt rules governing procedures to be followed in informal1779
conferences. Time allowed for payment of the penalty or appeal to 1780
the commission shall be tolled while the penalty is being reviewed1781
in an informal conference.1782

       (4) An operator who fails to correct a violation for which a 1783
notice of violation or order has been issued under division (D) of 1784
this section within the period permitted for its correction shall 1785
be assessed a civil penalty of not less than seven hundred fifty 1786
dollars for each day during which the failure or violation1787
continues. However, a civil penalty shall not be assessed under1788
division (E)(4) of this section if the commission orders the 1789
suspension of the abatement requirement after determining, based 1790
upon the findings of an expedited hearing held under section 1791
1513.13 of the Revised Code at the request of the operator, that 1792
the operator will suffer irreparable loss or damage from the 1793
application of the abatement requirement or if the court orders 1794
suspension of the abatement requirement pursuant to review 1795
proceedings held under section 1513.14 of the Revised Code at the 1796
request of the operator.1797

       (F) The chief may enter into a cooperative agreement with the 1798
secretary of the interior to provide for state regulation of coal 1799
mining and reclamation operations on federal lands within the 1800
state.1801

       (G) The chief may prohibit augering if necessary to maximize 1802
the utilization, recoverability, or conservation of the solid fuel 1803
resources or to protect against adverse water quality impacts.1804

       (H) The chief shall transmit copies of all schedules1805
submitted under section 1513.07 of the Revised Code pertaining to1806
violations of air or water quality laws and rules adopted and1807
orders issued under those laws in connection with coal mining1808
operations to the director of environmental protection for1809
verification.1810

       (I) For the purposes of sections 1513.18, 1513.24, 1513.37, 1811
and 1514.06 of the Revised Code, the chief triennially shall1812
determine the average wage rate for companies performing1813
reclamation work for the division under those sections by1814
averaging the wage rate paid by all companies performing such1815
reclamation work during the three years immediately preceding the1816
determination. However, in making the initial determination under 1817
this division, the chief shall average the wage rate paid by all 1818
companies performing such reclamation work during the ten years 1819
immediately preceding October 29, 1995.1820

       (J) If this state becomes covered by a state programmatic 1821
general permit issued by the United States army corps of engineers 1822
for the discharge of dredged or fill material into the waters of 1823
the United States by operations that conduct surface and 1824
underground coal mining and reclamation operations and the 1825
restoration of abandoned mine lands, the chief may establish 1826
programs and adopt rules and procedures designed to implement the 1827
terms, limitations, and conditions of the permit. The purpose of 1828
the programs, rules, and procedures shall be to enable the state 1829
to reduce or eliminate duplicative state and federal project 1830
evaluation, simplify the regulatory approval process, provide 1831
environmental protection for aquatic resources that is equivalent 1832
to federal protection, and satisfy the requirements of the United 1833
States army corps of engineers regulatory program under which the 1834
permit is issued and that is established under section 404 of the 1835
"Federal Water Pollution Control Act," 86 Stat. 48 (1972), 33 1836
U.S.C. 1344, as amended by the "Clean Water Act of 1977," 91 Stat. 1837
1600, 33 U.S.C. 1344; section 10 of the "Rivers and Harbors Act of 1838
1899," 30 Stat. 1151, 33 U.S.C. 403; and section 103 of the 1839
"Marine Protection, Research, and Sanctuaries Act of 1972," 86 1840
Stat. 1055, 33 U.S.C. 1413.1841

       Sec. 1513.07.  (A)(1) No operator shall conduct a coal mining 1842
operation without a permit for the operation issued by the chief 1843
of the division of mineral resources management.1844

       (2) All permits issued pursuant to this chapter shall be1845
issued for a term not to exceed five years, except that, if the1846
applicant demonstrates that a specified longer term is reasonably1847
needed to allow the applicant to obtain necessary financing for1848
equipment and the opening of the operation and if the application1849
is full and complete for the specified longer term, the chief may1850
grant a permit for the longer term. A successor in interest to a1851
permittee who applies for a new permit within thirty days after1852
succeeding to the interest and who is able to obtain the bond1853
coverageperformance security of the original permittee may 1854
continue coal mining and reclamation operations according to the 1855
approved mining and reclamation plan of the original permittee 1856
until the successor's application is granted or denied.1857

       (3) A permit shall terminate if the permittee has not1858
commenced the coal mining operations covered by the permit within1859
three years after the issuance of the permit, except that the1860
chief may grant reasonable extensions of the time upon a showing1861
that the extensions are necessary by reason of litigation1862
precluding the commencement or threatening substantial economic1863
loss to the permittee or by reason of conditions beyond the1864
control and without the fault or negligence of the permittee, and1865
except that with respect to coal to be mined for use in a1866
synthetic fuel facility or specified major electric generating1867
facility, the permittee shall be deemed to have commenced coal1868
mining operations at the time construction of the synthetic fuel1869
or generating facility is initiated.1870

       (4)(a) Any permit issued pursuant to this chapter shall carry 1871
with it the right of successive renewal upon expiration with 1872
respect to areas within the boundaries of the permit. The holders 1873
of the permit may apply for renewal and the renewal shall be 1874
issued unless the chief determines by written findings, subsequent 1875
to fulfillment of the public notice requirements of this section 1876
and section 1513.071 of the Revised Code through demonstrations by 1877
opponents of renewal or otherwise, that one or more of the 1878
following circumstances exists:1879

       (i) The terms and conditions of the existing permit are not 1880
being satisfactorily met;.1881

       (ii) The present coal mining and reclamation operation is not 1882
in compliance with the environmental protection standards of this 1883
chapter;.1884

       (iii) The renewal requested substantially jeopardizes the1885
operator's continuing responsibilities on existing permit areas;.1886

       (iv) The applicant has not provided evidence that the1887
performance bondsecurity in effect for the operation will 1888
continue in effect for any renewal requested in the application;.1889

       (v) Any additional, revised, or updated information required 1890
by the chief has not been provided. Prior to the approval of any 1891
renewal of a permit, the chief shall provide notice to the 1892
appropriate public authorities as prescribed by rule of the chief.1893

       (b) If an application for renewal of a valid permit includes 1894
a proposal to extend the mining operation beyond the boundaries 1895
authorized in the existing permit, the portion of the application 1896
for renewal of a valid permit that addresses any new land areas 1897
shall be subject to the full standards applicable to new 1898
applications under this chapter.1899

       (c) A permit renewal shall be for a term not to exceed the1900
period of the original permit established by this chapter. 1901
Application for permit renewal shall be made at least one hundred1902
twenty days prior to the expiration of the valid permit.1903

       (5) A permit issued pursuant to this chapter does not1904
eliminate the requirements for obtaining a permit to install or1905
modify a disposal system or any part thereof or to discharge1906
sewage, industrial waste, or other wastes into the waters of the1907
state in accordance with Chapter 6111. of the Revised Code.1908

       (B)(1) Each application for a coal mining and reclamation1909
permit or renewal of such a permit shall be accompanied by a1910
permit or renewal fee in an amount equal to the product of1911
seventy-five dollars multiplied by the number of acres, estimated1912
in the application, that will comprise the area of land to be1913
affected within the permit or renewal period by the coal mining1914
operation for which the permit or renewal is requested.1915

       (2) The permit application shall be submitted in a manner1916
satisfactory to the chief and shall contain, among other things, 1917
all of the following:1918

       (a) The names and addresses of all of the following:1919

       (i) The permit applicant;1920

       (ii) Every legal owner of record of the property, surface and 1921
mineral, to be mined;1922

       (iii) The holders of record of any leasehold interest in the 1923
property;1924

       (iv) Any purchaser of record of the property under a real1925
estate contract;1926

       (v) The operator if different from the applicant;1927

       (vi) If any of these are business entities other than a1928
single proprietor, the names and addresses of the principals,1929
officers, and statutory agent for service of process.1930

       (b) The names and addresses of the owners of record of all1931
surface and subsurface areas adjacent to any part of the permit1932
area;1933

       (c) A statement of any current or previous coal mining1934
permits in the United States held by the applicant, the permit1935
identification, and any pending applications;1936

       (d) If the applicant is a partnership, corporation,1937
association, or other business entity, the following where1938
applicable: the names and addresses of every officer, partner,1939
director, or person performing a function similar to a director,1940
of the applicant, the name and address of any person owning, of1941
record, ten per cent or more of any class of voting stock of the1942
applicant, a list of all names under which the applicant, partner, 1943
or principal shareholder previously operated a coal mining 1944
operation within the United States within the five-year period 1945
preceding the date of submission of the application, and a list of 1946
the person or persons primarily responsible for ensuring that the 1947
applicant complies with the requirements of this chapter and rules 1948
adopted pursuant thereto while mining and reclaiming under the 1949
permit;1950

       (e) A statement of whether the applicant, any subsidiary,1951
affiliate, or persons controlled by or under common control with1952
the applicant, any partner if the applicant is a partnership, any1953
officer, principal shareholder, or director if the applicant is a1954
corporation, or any other person who has a right to control or in1955
fact controls the management of the applicant or the selection of1956
officers, directors, or managers of the applicant:1957

       (i) Has ever held a federal or state coal mining permit that 1958
in the five-year period prior to the date of submission of the 1959
application has been suspended or revoked or has had a coal mining 1960
bond, performance security, or similar security deposited in lieu 1961
of bond forfeited and, if so, a brief explanation of the facts 1962
involved;1963

       (ii) Has been an officer, partner, director, principal1964
shareholder, or person having the right to control or has in fact1965
controlled the management of or the selection of officers,1966
directors, or managers of a business entity that has had a coal1967
mining or surface mining permit that in the five-year period prior 1968
to the date of submission of the application has been suspended or 1969
revoked or has had a coal mining or surface mining bond, 1970
performance security, or similar security deposited in lieu of 1971
bond forfeited and, if so, a brief explanation of the facts 1972
involved.1973

       (f) A copy of the applicant's advertisement to be published 1974
in a newspaper of general circulation in the locality of the 1975
proposed site at least once a week for four successive weeks, 1976
which shall include the ownership of the proposed mine, a1977
description of the exact location and boundaries of the proposed1978
site sufficient to make the proposed operation readily1979
identifiable by local residents, and the location where the1980
application is available for public inspection;1981

       (g) A description of the type and method of coal mining1982
operation that exists or is proposed, the engineering techniques1983
proposed or used, and the equipment used or proposed to be used;1984

       (h) The anticipated or actual starting and termination dates 1985
of each phase of the mining operation and number of acres of land 1986
to be affected;1987

       (i) An accurate map or plan, to an appropriate scale, clearly 1988
showing the land to be affected and the land upon which the 1989
applicant has the legal right to enter and commence coal mining1990
operations, copies of those documents upon which is based the 1991
applicant's legal right to enter and commence coal mining1992
operations, and a statement whether that right is the subject of1993
pending litigation. This chapter does not authorize the chief to1994
adjudicate property title disputes.1995

       (j) The name of the watershed and location of the surface1996
stream or tributary into which drainage from the operation will be 1997
discharged;1998

       (k) A determination of the probable hydrologic consequences 1999
of the mining and reclamation operations, both on and off the mine 2000
site, with respect to the hydrologic regime, providing information 2001
on the quantity and quality of water in surface and ground water 2002
systems including the dissolved and suspended solids under 2003
seasonal flow conditions and the collection of sufficient data for 2004
the mine site and surrounding areas so that an assessment can be 2005
made by the chief of the probable cumulative impacts of all 2006
anticipated mining in the area upon the hydrology of the area and 2007
particularly upon water availability, but this determination shall 2008
not be required until hydrologic information of the general area 2009
prior to mining is made available from an appropriate federal or 2010
state agency; however, the permit shall not be approved until the 2011
information is available and is incorporated into the application;2012

       (l) When requested by the chief, the climatological factors 2013
that are peculiar to the locality of the land to be affected, 2014
including the average seasonal precipitation, the average 2015
direction and velocity of prevailing winds, and the seasonal 2016
temperature ranges;2017

       (m) Accurate maps prepared by or under the direction of and 2018
certified by a qualified registered professional engineer,2019
registered surveyor, or licensed landscape architect to an2020
appropriate scale clearly showing all types of information set2021
forth on topographical maps of the United States geological survey 2022
of a scale of not more than four hundred feet to the inch,2023
including all artificial features and significant known2024
archeological sites. The map, among other things specified by the 2025
chief, shall show all boundaries of the land to be affected, the2026
boundary lines and names of present owners of record of all2027
surface areas abutting the permit area, and the location of all2028
buildings within one thousand feet of the permit area.2029

       (n)(i) Cross-section maps or plans of the land to be affected 2030
including the actual area to be mined, prepared by or under the 2031
direction of and certified by a qualified registered professional 2032
engineer or certified professional geologist with assistance from 2033
experts in related fields such as hydrology, hydrogeology, 2034
geology, and landscape architecture, showing pertinent elevations 2035
and locations of test borings or core samplings and depicting the 2036
following information: the nature and depth of the various strata 2037
of overburden; the nature and thickness of any coal or rider seam 2038
above the coal seam to be mined; the nature of the stratum 2039
immediately beneath the coal seam to be mined; all mineral crop 2040
lines and the strike and dip of the coal to be mined within the 2041
area to be affected; existing or previous coal mining limits; the 2042
location and extent of known workings of any underground mines, 2043
including mine openings to the surface; the location of spoil, 2044
waste, or refuse areas and topsoil preservation areas; the 2045
location of all impoundments for waste or erosion control; any 2046
settling or water treatment facility; constructed or natural 2047
drainways and the location of any discharges to any surface body 2048
of water on the land to be affected or adjacent thereto; profiles 2049
at appropriate cross sections of the anticipated final surface 2050
configuration that will be achieved pursuant to the operator's 2051
proposed reclamation plan; the location of subsurface water, if 2052
encountered; the location and quality of aquifers; and the 2053
estimated elevation of the water table. Registered surveyors shall 2054
be allowed to perform all plans, maps, and certifications under 2055
this chapter as they are authorized under Chapter 4733. of the 2056
Revised Code.2057

       (ii) A statement of the quality and locations of subsurface 2058
water. The chief shall provide by rule the number of locations to 2059
be sampled, frequency of collection, and parameters to be analyzed 2060
to obtain the statement required.2061

       (o) A statement of the results of test borings or core2062
samplings from the permit area, including logs of the drill holes, 2063
the thickness of the coal seam found, an analysis of the chemical 2064
properties of the coal, the sulfur content of any coal seam, 2065
chemical analysis of potentially acid or toxic forming sections of 2066
the overburden, and chemical analysis of the stratum lying 2067
immediately underneath the coal to be mined, except that this 2068
division may be waived by the chief with respect to the specific 2069
application by a written determination that its requirements are 2070
unnecessary;. If the test borings or core samplings from the 2071
permit area indicate the existence of potentially acid forming or 2072
toxic forming quantities of sulfur in the coal or overburden to be 2073
disturbed by mining, the application also shall include a 2074
statement of the acid generating potential and the acid 2075
neutralizing potential of the rock strata to be disturbed as 2076
calculated in accordance with the calculation method established 2077
under section 1513.075 of the Revised Code or with another 2078
calculation method.2079

       (p) For those lands in the permit application that a2080
reconnaissance inspection suggests may be prime farmlands, a soil2081
survey shall be made or obtained according to standards2082
established by the secretary of the United States department of2083
agriculture in order to confirm the exact location of the prime2084
farmlands, if any;2085

       (q) A certificate issued by an insurance company authorized 2086
to do business in this state certifying that the applicant has a 2087
public liability insurance policy in force for the coal mining and 2088
reclamation operations for which the permit is sought or evidence 2089
that the applicant has satisfied other state self-insurance 2090
requirements. The policy shall provide for personal injury and 2091
property damage protection in an amount adequate to compensate any 2092
persons damaged as a result of coal mining and reclamation 2093
operations, including the use of explosives, and entitled to 2094
compensation under the applicable provisions of state law. The 2095
policy shall be maintained in effect during the term of the permit 2096
or any renewal, including the length of all reclamation 2097
operations. The insurance company shall give prompt notice to the 2098
permittee and the chief if the public liability insurance policy 2099
lapses for any reason including the nonpayment of insurance 2100
premiums. Upon the lapse of the policy, the chief may suspend the 2101
permit and all other outstanding permits until proper insurance 2102
coverage is obtained.2103

       (r) The business telephone number of the applicant;2104

       (s) If the applicant seeks an authorization under division2105
(E)(7) of this section to conduct coal mining and reclamation2106
operations on areas to be covered by the permit that were affected 2107
by coal mining operations before August 3, 1977, that have 2108
resulted in continuing water pollution from or on the previously 2109
mined areas, such additional information pertaining to those 2110
previously mined areas as may be required by the chief, including, 2111
without limitation, maps, plans, cross sections, data necessary to 2112
determine existing water quality from or on those areas with 2113
respect to pH, iron, and manganese, and a pollution abatement plan 2114
that may improve water quality from or on those areas with respect 2115
to pH, iron, and manganese.2116

       (3)(2) Information pertaining to coal seams, test borings,2117
core samplings, or soil samples as required by this section shall2118
be made available by the chief to any person with an interest that 2119
is or may be adversely affected, except that information that 2120
pertains only to the analysis of the chemical and physical2121
properties of the coal, excluding information regarding mineral or 2122
elemental content that is potentially toxic in the environment, 2123
shall be kept confidential and not made a matter of public record.2124

       (4)(3)(a) If the chief finds that the probable total annual2125
production at all locations of any operator will not exceed three2126
hundred thousand tons, the following activities, upon the written 2127
request of the operator in connection with a permit application, 2128
shall be performed by a qualified public or private laboratory or 2129
another public or private qualified entity designated by the 2130
chief, and the cost of the activities shall be assumed by the 2131
chief, provided that sufficient moneys for such assistance are 2132
available:2133

       (i) The determination of probable hydrologic consequences 2134
required under division (B)(2)(1)(k) of this section;2135

       (ii) The development of cross-section maps and plans required 2136
under division (B)(2)(1)(n)(i) of this section;2137

       (iii) The geologic drilling and statement of results of test 2138
borings and core samplings required under division (B)(2)(1)(o) of 2139
this section;2140

       (iv) The collection of archaeological information required 2141
under division (B)(2)(1)(m) of this section and any other 2142
archaeological and historical information required by the chief, 2143
and the preparation of plans necessitated thereby;2144

       (v) Pre-blast surveys required under division (E) of section 2145
1513.161 of the Revised Code;2146

       (vi) The collection of site-specific resource information and 2147
production of protection and enhancement plans for fish and 2148
wildlife habitats and other environmental values required by the 2149
chief under this chapter.2150

       (b) A coal operator that has received assistance under 2151
division (B)(4)(3)(a) of this section shall reimburse the chief 2152
for the cost of the services rendered if the chief finds that the 2153
operator's actual and attributed annual production of coal for all 2154
locations exceeds three hundred thousand tons during the twelve 2155
months immediately following the date on which the operator was 2156
issued a coal mining and reclamation permit.2157

       (5)(4) Each applicant for a permit shall submit to the chief2158
as part of the permit application a reclamation plan that meets2159
the requirements of this chapter.2160

       (6)(5) Each applicant for a coal mining and reclamation2161
permit shall file a copy of the application for a permit,2162
excluding that information pertaining to the coal seam itself, for 2163
public inspection with the county recorder or an appropriate2164
public office approved by the chief in the county where the mining 2165
is proposed to occur.2166

       (7)(6) Each applicant for a coal mining and reclamation2167
permit shall submit to the chief as part of the permit application 2168
a blasting plan that describes the procedures and standards by 2169
which the operator will comply with section 1513.161 of the 2170
Revised Code.2171

       (C) Each reclamation plan submitted as part of a permit2172
application shall include, in the detail necessary to demonstrate2173
that reclamation required by this chapter can be accomplished, a2174
statement of:2175

       (1) The identification of the lands subject to coal mining2176
operations over the estimated life of those operations and the2177
size, sequence, and timing of the subareas for which it is2178
anticipated that individual permits for mining will be sought;2179

       (2) The condition of the land to be covered by the permit2180
prior to any mining including all of the following:2181

       (a) The uses existing at the time of the application and, if 2182
the land has a history of previous mining, the uses that preceded 2183
any mining;2184

       (b) The capability of the land prior to any mining to support 2185
a variety of uses, giving consideration to soil and foundation 2186
characteristics, topography, and vegetative cover and, if 2187
applicable, a soil survey prepared pursuant to division2188
(B)(2)(1)(p) of this section;2189

       (c) The productivity of the land prior to mining, including 2190
appropriate classification as prime farmlands as well as the 2191
average yield of food, fiber, forage, or wood products obtained 2192
from the land under high levels of management.2193

       (3) The use that is proposed to be made of the land following 2194
reclamation, including information regarding the utility and 2195
capacity of the reclaimed land to support a variety of alternative 2196
uses, the relationship of the proposed use to existing land use 2197
policies and plans, and the comments of any owner of the land and 2198
state and local governments or agencies thereof that would have to 2199
initiate, implement, approve, or authorize the proposed use of the 2200
land following reclamation;2201

       (4) A detailed description of how the proposed postmining2202
land use is to be achieved and the necessary support activities2203
that may be needed to achieve the proposed land use;2204

       (5) The engineering techniques proposed to be used in mining 2205
and reclamation and a description of the major equipment; a plan 2206
for the control of surface water drainage and of water2207
accumulation; a plan, where appropriate, for backfilling, soil2208
stabilization, and compacting, grading, and appropriate2209
revegetation; a plan for soil reconstruction, replacement, and2210
stabilization, pursuant to the performance standards in section2211
1513.16 of the Revised Code, for those food, forage, and forest2212
lands identified in that section; and an estimate of the cost per 2213
acre of the reclamation, including a statement as to how the 2214
permittee plans to comply with each of the requirements set out in 2215
section 1513.16 of the Revised Code;2216

       (6) A description of the means by which the utilization and 2217
conservation of the solid fuel resource being recovered will be 2218
maximized so that reaffecting the land in the future can be2219
minimized;2220

       (7) A detailed estimated timetable for the accomplishment of 2221
each major step in the reclamation plan;2222

       (8) A description of the degree to which the coal mining and 2223
reclamation operations are consistent with surface owner plans and 2224
applicable state and local land use plans and programs;2225

       (9) The steps to be taken to comply with applicable air and 2226
water quality laws and regulations and any applicable health and 2227
safety standards;2228

       (10) A description of the degree to which the reclamation2229
plan is consistent with local physical, environmental, and2230
climatological conditions;2231

       (11) A description of all lands, interests in lands, or2232
options on such interests held by the applicant or pending bids on 2233
interests in lands by the applicant, which lands are contiguous to 2234
the area to be covered by the permit;2235

       (12) The results of test borings that the applicant has made 2236
at the area to be covered by the permit, or other equivalent2237
information and data in a form satisfactory to the chief,2238
including the location of subsurface water, and an analysis of the 2239
chemical properties, including acid forming properties of the2240
mineral and overburden; except that information that pertains only 2241
to the analysis of the chemical and physical properties of the 2242
coal, excluding information regarding mineral or elemental2243
contents that are potentially toxic in the environment, shall be2244
kept confidential and not made a matter of public record;2245

       (13) A detailed description of the measures to be taken2246
during the mining and reclamation process to ensure the protection 2247
of all of the following:2248

       (a) The quality of surface and ground water systems, both on- 2249
and off-site, from adverse effects of the mining and reclamation 2250
process;2251

       (b) The rights of present users to such water;2252

       (c) The quantity of surface and ground water systems, both2253
on- and off-site, from adverse effects of the mining and2254
reclamation process or, where such protection of quantity cannot2255
be assured, provision of alternative sources of water.2256

       (14) Any other requirements the chief prescribes by rule.2257

       (D)(1) Any information required by division (C) of this2258
section that is not on public file pursuant to this chapter shall2259
be held in confidence by the chief.2260

       (2) With regard to requests for an exemption from the 2261
requirements of this chapter for coal extraction incidental to the 2262
extraction of other minerals, as described in division (H)(1)(a) 2263
of section 1513.01 of the Revised Code, confidential information 2264
includes and is limited to information concerning trade secrets or 2265
privileged commercial or financial information relating to the 2266
competitive rights of the persons intending to conduct the 2267
extraction of minerals.2268

       (E)(1) Upon the basis of a complete mining application and2269
reclamation plan or a revision or renewal thereof, as required by2270
this chapter, and information obtained as a result of public2271
notification and public hearing, if any, as provided by section2272
1513.071 of the Revised Code, the chief shall grant, require2273
modification of, or deny the application for a permit in a2274
reasonable time set by the chief and notify the applicant in2275
writing. The applicant for a permit or revision of a permit has2276
the burden of establishing that the application is in compliance2277
with all the requirements of this chapter. Within ten days after2278
the granting of a permit, the chief shall notify the boards of2279
township trustees and county commissioners, the mayor, and the2280
legislative authority in the township, county, and municipal2281
corporation in which the area of land to be affected is located2282
that a permit has been issued and shall describe the location of2283
the land. However, failure of the chief to notify the local2284
officials shall not affect the status of the permit.2285

       (2) No permit application or application for revision of an 2286
existing permit shall be approved unless the application2287
affirmatively demonstrates and the chief finds in writing on the2288
basis of the information set forth in the application or from2289
information otherwise available, which shall be documented in the2290
approval and made available to the applicant, all of the2291
following:2292

       (a) The application is accurate and complete and all the 2293
requirements of this chapter have been complied with.2294

       (b) The applicant has demonstrated that the reclamation2295
required by this chapter can be accomplished under the reclamation 2296
plan contained in the application.2297

       (c)(i) Assessment of the probable cumulative impact of all2298
anticipated mining in the general and adjacent area on the2299
hydrologic balance specified in division (B)(2)(1)(k) of this2300
section has been made by the chief, and the proposed operation has 2301
been designed to prevent material damage to hydrologic balance 2302
outside the permit area.2303

       (ii) There shall be an ongoing process conducted by the chief 2304
in cooperation with other state and federal agencies to review all 2305
assessments of probable cumulative impact of coal mining in light 2306
of post-mining data and any other hydrologic information as it 2307
becomes available to determine if the assessments were realistic. 2308
The chief shall take appropriate action as indicated in the review 2309
process.2310

       (d) The area proposed to be mined is not included within an 2311
area designated unsuitable for coal mining pursuant to section2312
1513.073 of the Revised Code or is not within an area under study2313
for such designation in an administrative proceeding commenced2314
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the2315
Revised Code unless in an area as to which an administrative2316
proceeding has commenced pursuant to division (A)(3)(c) or (B) of2317
section 1513.073 of the Revised Code, the operator making the2318
permit application demonstrates that, prior to January 1, 1977,2319
the operator made substantial legal and financial commitments in 2320
relation to the operation for which a permit is sought.2321

       (e) In cases where the private mineral estate has been2322
severed from the private surface estate, the applicant has2323
submitted to the chief one of the following:2324

       (i) The written consent of the surface owner to the2325
extraction of coal by strip mining methods;2326

       (ii) A conveyance that expressly grants or reserves the right 2327
to extract the coal by strip mining methods;2328

       (iii) If the conveyance does not expressly grant the right to 2329
extract coal by strip mining methods, the surface-subsurface legal 2330
relationship shall be determined under the law of this state. This 2331
chapter does not authorize the chief to adjudicate property rights 2332
disputes.2333

       (3)(a) The applicant shall file with the permit application a 2334
schedule listing all notices of violations of any law, rule, or2335
regulation of the United States or of any department or agency2336
thereof or of any state pertaining to air or water environmental2337
protection incurred by the applicant in connection with any coal2338
mining operation during the three-year period prior to the date of 2339
application. The schedule also shall indicate the final resolution 2340
of such a notice of violation. Upon receipt of an application, the 2341
chief shall provide a schedule listing all notices of violations 2342
of this chapter pertaining to air or water environmental 2343
protection incurred by the applicant during the three-year period 2344
prior to receipt of the application and the final resolution of 2345
all such notices of violation. The chief shall provide this 2346
schedule to the applicant for filing by the applicant with the 2347
application filed for public review, as required by division 2348
(B)(6)(5) of this section. When the schedule or other information 2349
available to the chief indicates that any coal mining operation 2350
owned or controlled by the applicant is currently in violation of 2351
such laws, the permit shall not be issued until the applicant 2352
submits proof that the violation has been corrected or is in the 2353
process of being corrected to the satisfaction of the regulatory 2354
authority, department, or agency that has jurisdiction over the 2355
violation and that any civil penalties owed to the state for a 2356
violation and not the subject of an appeal have been paid. No 2357
permit shall be issued to an applicant after a finding by the 2358
chief that the applicant or the operator specified in the 2359
application controls or has controlled mining operations with a 2360
demonstrated pattern of willful violations of this chapter of a 2361
nature and duration to result in irreparable damage to the 2362
environment as to indicate an intent not to comply with or a 2363
disregard of this chapter.2364

       (b) For the purposes of division (E)(3)(a) of this section, 2365
any violation resulting from an unanticipated event or condition 2366
at a surface coal mining operation on lands eligible for remining 2367
under a permit held by the person submitting an application for a 2368
coal mining permit under this section shall not prevent issuance 2369
of that permit. As used in this division, "unanticipated event or 2370
condition" means an event or condition encountered in a remining 2371
operation that was not contemplated by the applicable surface coal 2372
mining and reclamation permit.2373

       (4)(a) In addition to finding the application in compliance 2374
with division (E)(2) of this section, if the area proposed to be 2375
mined contains prime farmland as determined pursuant to division 2376
(B)(2)(1)(p) of this section, the chief, after consultation with 2377
the secretary of the United States department of agriculture and 2378
pursuant to regulations issued by the secretary of the interior 2379
with the concurrence of the secretary of agriculture, may grant a 2380
permit to mine on prime farmland if the chief finds in writing 2381
that the operator has the technological capability to restore the 2382
mined area, within a reasonable time, to equivalent or higher 2383
levels of yield as nonmined prime farmland in the surrounding area 2384
under equivalent levels of management and can meet the soil 2385
reconstruction standards in section 1513.16 of the Revised Code.2386

       (b) Division (E)(4)(a) of this section does not apply to a2387
permit issued prior to August 3, 1977, or revisions or renewals2388
thereof.2389

       (5) The chief shall issue an order denying a permit after 2390
finding that the applicant has misrepresented or omitted any2391
material fact in the application for the permit.2392

       (6) The chief may issue an order denying a permit after 2393
finding that the applicant, any partner, if the applicant is a2394
partnership, any officer, principal shareholder, or director, if2395
the applicant is a corporation, or any other person who has a2396
right to control or in fact controls the management of the2397
applicant or the selection of officers, directors, or managers of2398
the applicant has been a sole proprietor or partner, officer,2399
director, principal shareholder, or person having the right to2400
control or has in fact controlled the management of or the2401
selection of officers, directors, or managers of a business entity 2402
that ever has had a coal mining license or permit issued by this 2403
or any other state or the United States suspended or revoked, ever 2404
has forfeited a coal or surface mining bond, performance security,2405
or similar security deposited in lieu of bond in this or any other 2406
state or with the United States, or ever has substantially or 2407
materially failed to comply with this chapter.2408

       (7) When issuing a permit under this section, the chief may 2409
authorize an applicant to conduct coal mining and reclamation2410
operations on areas to be covered by the permit that were affected 2411
by coal mining operations before August 3, 1977, that have 2412
resulted in continuing water pollution from or on the previously 2413
mined areas for the purpose of potentially reducing the pollution 2414
loadings of pH, iron, and manganese from discharges from or on the 2415
previously mined areas. Following the chief's authorization to 2416
conduct such operations on those areas, the areas shall be 2417
designated as pollution abatement areas for the purposes of this 2418
chapter.2419

       The chief shall not grant an authorization under division2420
(E)(7) of this section to conduct coal mining and reclamation2421
operations on any such previously mined areas unless the applicant 2422
demonstrates to the chief's satisfaction that all of the following 2423
conditions are met:2424

       (a) The applicant's pollution abatement plan for mining and 2425
reclaiming the previously mined areas represents the best2426
available technology economically achievable;.2427

       (b) Implementation of the plan will potentially reduce2428
pollutant loadings of pH, iron, and manganese resulting from2429
discharges of surface waters or ground water from or on the2430
previously mined areas within the permit area;.2431

       (c) Implementation of the plan will not cause any additional 2432
degradation of surface water quality off the permit area with 2433
respect to pH, iron, and manganese;.2434

       (d) Implementation of the plan will not cause any additional 2435
degradation of ground water;.2436

       (e) The plan meets the requirements governing mining and2437
reclamation of such previously mined pollution abatement areas2438
established by the chief in rules adopted under section 1513.02 of 2439
the Revised Code;.2440

       (f) Neither the applicant; any partner, if the applicant is a 2441
partnership; any officer, principal shareholder, or director, if 2442
the applicant is a corporation; any other person who has a right 2443
to control or in fact controls the management of the applicant or 2444
the selection of officers, directors, or managers of the 2445
applicant; nor any contractor or subcontractor of the applicant, 2446
has any of the following:2447

       (i) Responsibility or liability under this chapter or rules 2448
adopted under it as an operator for treating the discharges of 2449
water pollutants from or on the previously mined areas for which 2450
the authorization is sought;2451

       (ii) Any responsibility or liability under this chapter or2452
rules adopted under it for reclaiming the previously mined areas2453
for which the authorization is sought;2454

       (iii) During the eighteen months prior to submitting the2455
permit application requesting an authorization under division2456
(E)(7) of this section, had a coal mining and reclamation permit2457
suspended or revoked under division (D)(3) of section 1513.02 of2458
the Revised Code for violating this chapter or Chapter 6111. of2459
the Revised Code or rules adopted under them with respect to water 2460
quality, effluent limitations, or surface or ground water2461
monitoring;2462

       (iv) Ever forfeited a coal or surface mining bond, 2463
performance security, or similar security deposited in lieu of a 2464
bond in this or any other state or with the United States.2465

       (8) In the case of the issuance of a permit that involves a 2466
conflict of results between various methods of calculating 2467
potential acidity and neutralization potential for purposes of 2468
assessing the potential for acid mine drainage to occur at a mine 2469
site, the permit shall include provisions for monitoring and 2470
record keeping to identify the creation of unanticipated acid 2471
water at the mine site. If the monitoring detects the creation of 2472
acid water at the site, the permit shall impose on the permittee 2473
additional requirements regarding mining practices and site 2474
reclamation to prevent the discharge of acid mine drainage from 2475
the mine site. As used in division (E)(8) of this section, 2476
"potential acidity" and "neutralization potential" have the same 2477
meanings as in section 1513.075 of the Revised Code.2478

       (F)(1) During the term of the permit, the permittee may2479
submit an application for a revision of the permit, together with2480
a revised reclamation plan, to the chief.2481

       (2) An application for a revision of a permit shall not be2482
approved unless the chief finds that reclamation required by this2483
chapter can be accomplished under the revised reclamation plan. 2484
The revision shall be approved or disapproved within ninety days2485
after receipt of a complete revision application. The chief shall 2486
establish, by rule, criteria for determining the extent to which 2487
all permit application information requirements and procedures, 2488
including notice and hearings, shall apply to the revision 2489
request, except that any revisions that propose significant 2490
alterations in the reclamation plan, at a minimum, shall be 2491
subject to notice and hearing requirements.2492

       (3) Any extensions to the area covered by the permit except 2493
incidental boundary revisions shall be made by application for a 2494
permit.2495

       (G) No transfer, assignment, or sale of the rights granted2496
under a permit issued pursuant to this chapter shall be made2497
without the written approval of the chief.2498

       (H) The chief, within a time limit prescribed in the chief's 2499
rules, shall review outstanding permits and may require reasonable 2500
revision or modification of a permit. A revision or modification 2501
shall be based upon a written finding and subject to notice and 2502
hearing requirements established by rule of the chief.2503

       (I)(1) If an informal conference has been held pursuant to2504
section 1513.071 of the Revised Code, the chief shall issue and2505
furnish the applicant for a permit, persons who participated in2506
the informal conference, and persons who filed written objections2507
pursuant to division (B) of section 1513.071 of the Revised Code,2508
with the written finding of the chief granting or denying the2509
permit in whole or in part and stating the reasons therefor within 2510
sixty days of the conference.2511

       (2) If there has been no informal conference held pursuant to 2512
section 1513.071 of the Revised Code, the chief shall notify the 2513
applicant for a permit within a reasonable time as provided by 2514
rule of the chief, taking into account the time needed for proper 2515
investigation of the site, the complexity of the permit2516
application, whether or not a written objection to the application 2517
has been filed, and whether the application has been approved or 2518
disapproved in whole or in part.2519

       (3) If the application is approved, the permit shall be2520
issued. If the application is disapproved, specific reasons2521
therefor shall be set forth in the notification. Within thirty2522
days after the applicant is notified of the final decision of the2523
chief on the permit application, the applicant or any person with2524
an interest that is or may be adversely affected may appeal the2525
decision to the reclamation commission pursuant to section 1513.13 2526
of the Revised Code.2527

       (4) Any applicant or any person with an interest that is or 2528
may be adversely affected who has participated in the2529
administrative proceedings as an objector and is aggrieved by the2530
decision of the reclamation commission, or if the commission fails 2531
to act within the time limits specified in this chapter, may 2532
appeal in accordance with section 1513.14 of the Revised Code.2533

       Sec. 1513.071.  (A) Simultaneously with the filing of an2534
application for a permit or significant revision of an existing2535
permit under section 1513.07 of the Revised Code, the applicant2536
shall submit to the chief of the division of mineral resources 2537
management a copy of histhe applicant's advertisement of the 2538
ownership, precise location, and boundaries of the land to be2539
affected. At the time of submission, the advertisement shall be2540
placed by the applicant in a newspaper of general circulation in2541
the locality of the proposed coal mine at least once a week for2542
four consecutive weeks. The chief shall notify, in each county or 2543
part of a county in which a proposed area to be permitted is2544
located, the board of county commissioners, the board of township2545
trustees, the legislative authorities of municipal corporations,2546
private water companies, regional councils of governments, and the 2547
boards of directors of conservancy districts informing them of the 2548
operator's intention to conduct a coal mining operation on a 2549
particularly described tract of land and indicating the permit2550
application number and where a copy of the proposed mining and2551
reclamation plan may be inspected. The chief shall also notify the 2552
planning commissions with jurisdiction over all or part of the 2553
area to be permitted. These agencies, authorities, or companies 2554
may submit written comments on the application with respect to the 2555
effects of the proposed operation on the environment that are 2556
within their area of responsibility in quadruplicate to the chief 2557
within thirty days after notification by the chief of receipt of 2558
the application. The chief shall immediately transmit these 2559
comments to the applicant and make them available to the public at 2560
the same locations at which the mining application is available 2561
for inspection.2562

       (B) A person having an interest that is or may be adversely 2563
affected or the officer or head of any federal, state, or local 2564
governmental agency or authority may file written objections to 2565
the proposed initial or revised application for a coal mining and 2566
reclamation permit with the chief within thirty days after the 2567
last publication of the notice required by division (A) of this 2568
section. The objections shall immediately be transmitted to the 2569
applicant by the chief and shall be made available to the public. 2570
If written objections are filed and an informal conference 2571
requested, the chief or histhe chief's representative shall then 2572
hold an informal conference on the application for a permit within 2573
a reasonable time in the county where the largest area of the area 2574
to be permitted is located. The date, time, and location of the 2575
informal conference shall be advertised by the chief in a 2576
newspaper of general circulation in the locality at least two 2577
weeks prior to the scheduled conference date. The chief may 2578
arrange with the applicant, upon request by any objecting party, 2579
access to the proposed mining area for the purpose of gathering 2580
information relevant to the proceeding. An electronic or 2581
stenographic record shall be made of the conference proceeding 2582
unless waived by all parties. The record shall be maintained and 2583
shall be accessible to the parties until final release of the 2584
applicant's performance bondsecurity. If all parties requesting 2585
the informal conference stipulate agreement prior to the requested 2586
informal conference and withdraw their request, the informal 2587
conference need not be held.2588

       Sec. 1513.075. (A) As used in this section:2589

       (1) "Potential acidity" means a laboratory measurement of the 2590
amount of acidity that could be produced by material in a rock 2591
strata proposed to be disturbed by mining and that is expressed by 2592
a numeral indicating the number of tons of that acidity that would 2593
be present in one thousand tons of disturbed overburden.2594

       (2) "Neutralization potential" means a laboratory measurement 2595
of the alkalinity of a rock strata expressed as the amount of 2596
acidity that would be neutralized by material proposed to be 2597
disturbed by mining and that is expressed by a numeral indicating 2598
the number of tons of that alkalinity that would be present in one 2599
thousand tons of disturbed overburden.2600

       (3) "Test borings or core samplings" refer to test borings or 2601
core samplings performed on rock strata in an area proposed to be 2602
covered by a permit for a coal mining operation, the results of 2603
which must be stated in the permit application in accordance with 2604
division (B)(1)(o) of section 1513.07 of the Revised Code.2605

       (B) For purposes of the determination of the chief of the 2606
division of mineral resources management regarding whether to 2607
approve an application for a permit for a coal mining operation 2608
based on criteria established in divisions (E)(2)(a) and (c) of 2609
section 1513.07 of the Revised Code and related performance 2610
standards established in division (A)(10) of section 1513.16 of 2611
the Revised Code, the potential acidity and the neutralization 2612
potential of the rock strata that would be disturbed under the 2613
permit may be calculated in accordance with this section.2614

       (C) The measurement of potential acidity may be based on 2615
laboratory analyses of the sulfur content of the coal and 2616
overburden to be disturbed by mining. If the results of test 2617
borings or core samplings include laboratory analyses of the 2618
pyritic form of sulfur, the applicant may base the calculation of 2619
the potential acidity for the area on the pyritic sulfur content 2620
of the coal and overburden to be disturbed by mining rather than 2621
on the total sulfur content.2622

       (D) The tons of rock in the area represented by each core 2623
hole resulting from test boring or core sampling may be estimated 2624
and used to calculate the tons of potential acidity and tons of 2625
neutralization potential for each rock stratum. The sum of those 2626
values across the proposed permit area may be used to calculate 2627
the site's overall neutralization potential and potential acidity.2628

       (E) The proposed permit area may not be considered to have 2629
the potential to create acid or other toxic mine drainage if 2630
either of the following applies:2631

       (1) The numeral that indicates the site's overall 2632
neutralization potential divided by the numeral that indicates the 2633
site's overall potential acidity results in a quotient that is 2634
equal to or greater than two.2635

       (2) The numeral that indicates the neutralization potential 2636
subtracted from the numeral that indicates the potential acidity 2637
results in a remainder that is equal to or less than either of the 2638
following:2639

       (a) Negative five in the case that the total sulfur content 2640
of rock strata is used to calculate potential acidity;2641

       (b) Negative ten in the case that the pyritic sulfur content 2642
of rock strata is used to calculate potential acidity.2643

       Sec. 1513.08.  (A) After a coal mining and reclamation permit 2644
application has been approved, but before the permit is issued, 2645
the applicant shall file with the chief of the division of mineral 2646
resources management, on a form prescribed and furnished by the 2647
chief, a bond for performance payable, as appropriate, to the 2648
state and conditioned upon faithful performance of all the 2649
requirements of this chapter and the permitthe performance 2650
security required under this section. The bond2651

       (B) Using the information contained in the permit 2652
application; the requirements contained in the approved permit and 2653
reclamation plan; and, after considering the topography, geology, 2654
hydrology, and revegetation potential of the area of the approved 2655
permit, the probable difficulty of reclamation; the chief shall be 2656
in the amount of twenty-five hundred dollars times the number of 2657
acres of land upon which the operator states in the application 2658
for a permit the operator will initiate and conduct coal mining 2659
anddetermine the estimated cost of reclamation operations within2660
under the initial term of the permit if the reclamation has to be 2661
performed by the division of mineral resources management in the 2662
event of forfeiture of the performance security by the applicant. 2663
The minimum amount of a bond shall be ten thousand dollars. The 2664
bondThe chief shall send written notice of the amount of the 2665
estimated cost of reclamation by certified mail to the applicant. 2666
The applicant shall send written notice to the chief indicating 2667
the method by which the applicant will provide the performance 2668
security pursuant to division (C) of this section.2669

       (C) The applicant shall provide the performance security in 2670
an amount using one of the following:2671

       (1) If the applicant elects to provide performance security 2672
without reliance on the reclamation forfeiture fund created in 2673
section 1513.18 of the Revised Code, the amount of the estimated 2674
cost of reclamation as determined by the chief under division (B) 2675
of this section for the increments of land on which the operator 2676
will conduct a coal mining and reclamation operation under the 2677
initial term of the permit as indicated in the application;2678

       (2) If the applicant elects to provide performance security 2679
together with reliance on the reclamation forfeiture fund through 2680
payment of the additional tax on the severance of coal that is 2681
levied under division (A)(8) of section 5749.02 of the Revised 2682
Code, an amount of twenty-five hundred dollars per acre of land on 2683
which the operator will conduct coal mining and reclamation under 2684
the initial term of the permit as indicated in the application. 2685
However, in order to be eligible to provide performance security 2686
in accordance with division (C)(2) of this section, an applicant 2687
shall have held a permit issued under this chapter for any coal 2688
mining and reclamation operation for a period of not less than 2689
five years. In the event of forfeiture of performance security 2690
that was provided in accordance with division (C)(2) of this 2691
section, the difference between the amount of that performance 2692
security and the estimated cost of reclamation as determined by 2693
the chief under division (B) of this section shall be obtained 2694
from money in the reclamation forfeiture fund as needed to 2695
complete the reclamation.2696

       The performance security provided under division (C) of this 2697
section for the entire area to be mined under one permit issued 2698
under this chapter shall not be less than ten thousand dollars.2699

       The performance security shall cover areas of land affected 2700
by mining within or immediately adjacent to the permitted area, so 2701
long as the total number of acres does not exceed the number of 2702
acres bondedfor which the performance security is provided. 2703
However, the authority for bondthe performance security to cover 2704
areas of land immediately adjacent to the permitted area does not 2705
authorize a permittee to mine areas outside an approved permit 2706
area. As succeeding increments of coal mining and reclamation 2707
operations are to be initiated and conducted within the permit 2708
area, the permittee shall file with the chief an additional bond 2709
or bondsperformance security to cover the increments in 2710
accordance with this section. In the event of forfeiture of a 2711
bond, if the bond is insufficient to complete the reclamation, the 2712
chief shall complete the reclamation in accordance with section 2713
1513.18 of the Revised Code using funds from the reclamation2714
forfeiture fund created in that sectionIf a permittee intends to 2715
mine areas outside the approved permit area, the permittee shall 2716
provide additional performance security in accordance with this 2717
section to cover the areas to be mined.2718

       (B) LiabilityAn applicant shall provide performance security 2719
in accordance with division (C)(1) of this section in the full 2720
amount of the estimated cost of reclamation as determined by the 2721
chief for a permitted coal preparation plant or coal refuse 2722
disposal area that is not located within a permitted area of a 2723
mine. A permittee shall provide the performance security not later 2724
than one year after the effective date of this amendment for a 2725
permitted coal preparation plant or coal refuse disposal area that 2726
is in existence on the effective date of this amendment and that 2727
is not located within a permitted area of a mine.2728

        (D) A permittee's liability under the performance security 2729
shall be limited to the obligations established under the permit, 2730
which include completion of the reclamation plan in order to make 2731
the land capable of supporting the postmining land use that was 2732
approved in the permit. The period of liability under the bond2733
performance security shall be for the duration of the coal mining 2734
and reclamation operation and for a period coincident with the 2735
operator's responsibility for revegetation requirements under 2736
section 1513.16 of the Revised Code. The bond2737

       (E) The amount of the estimated cost of reclamation 2738
determined under division (B) of this section and the amount of a 2739
permittee's performance security provided in accordance with 2740
division (C)(1) of this section may be adjusted by the chief as 2741
the land that is affected by mining increases or decreases or if 2742
the cost of reclamation increases or decreases. If the performance 2743
security was provided in accordance with division (C)(2) of this 2744
section and the chief has issued a cessation order under division 2745
(D)(2) of section 1513.02 of the Revised Code for failure to abate 2746
a violation of the contemporaneous reclamation requirement under 2747
division (A)(15) of section 1513.16 of the Revised Code, the chief 2748
may require the permittee to increase the amount of performance 2749
security from twenty-five hundred dollars per acre of land to five 2750
thousand dollars per acre of land.2751

        The chief shall notify the permittee, each surety, and any 2752
person who has a property interest in the performance security and 2753
who has requested to be notified of any proposed adjustment to the 2754
performance security. The permittee may request an informal 2755
conference with the chief concerning the proposed adjustment, and 2756
the chief shall provide such an informal conference.2757

        If the chief increases the amount of performance security 2758
under this division, the permittee shall provide additional 2759
performance security in an amount determined by the chief. If the 2760
chief decreases the amount of performance security under this 2761
division, the chief shall determine the amount of the reduction of 2762
the performance security and send written notice of the amount of 2763
reduction to the permittee. The permittee may reduce the amount of 2764
the performance security in the amount determined by the chief.2765

       (F) A permittee may request a reduction in the amount of the 2766
performance security by submitting to the chief documentation 2767
proving that the amount of the performance security provided by 2768
the permittee exceeds the estimated cost of reclamation if the 2769
reclamation would have to be performed by the division in the 2770
event of forfeiture of the performance security. The chief shall 2771
examine the documentation and determine whether the permittee's 2772
performance security exceeds the estimated cost of reclamation. If 2773
the chief determines that the performance security exceeds that 2774
estimated cost, the chief shall determine the amount of the 2775
reduction of the performance security and send written notice of 2776
the amount to the permittee. The permittee may reduce the amount 2777
of the performance security in the amount determined by the chief. 2778
Adjustments in the amount of performance security under this 2779
division shall not be considered release of performance security 2780
and are not subject to section 1513.16 of the Revised Code.2781

       (G) If the performance security is a bond, it shall be 2782
executed by the operator and a corporate surety licensed to do 2783
business in this state, except that the operator may elect to 2784
deposit. If the performance security is a cash, negotiable bonds2785
of the United States or this state,deposit or negotiable 2786
certificates of deposit of anya bank or savings and loan 2787
association organized or transacting business in the United 2788
States, the bank or savings and loan association shall be licensed 2789
and operating in this state. The cash deposit or market value of 2790
the securities shall be equal to or greater than the amount of the 2791
bondperformance security required for the bonded areaunder this 2792
section. The chief shall review any documents pertaining to the 2793
performance security and approve or disapprove the documents. The 2794
chief shall notify the applicant of the chief's determination.2795

       (C) The(H) If the performance security is a bond, the chief 2796
may accept the bond of the applicant itself without separate 2797
surety when the applicant demonstrates to the satisfaction of the 2798
chief the existence of a suitable agent to receive service of 2799
process and a history of financial solvency and continuous 2800
operation sufficient for authorization to self-insure or bond the 2801
amount.2802

       (D) Cash or securities so deposited shall be deposited upon 2803
the same terms as the terms upon which surety bonds may be2804
deposited. The securities shall be security for the repayment of2805
the negotiable certificate of deposit.2806

       (E) The amount of the bond or deposit required and the terms 2807
of each acceptance of the applicant's bond shall be adjusted by 2808
the chief from time to time as affected land acreages are 2809
increased or decreased(I) Performance security provided under 2810
this section may be held in trust, provided that the state is the 2811
conditional beneficiary of the trust and the custodian of the 2812
performance security held in trust is a bank, trust company, or 2813
other financial institution that is licensed and operating in this 2814
state. The chief shall review the trust document and approve or 2815
disapprove the document. The chief shall notify the applicant of 2816
the chief's determination.2817

       (J) If a surety, bank, savings and loan association, trust 2818
company, or other financial institution that holds the performance 2819
security required under this section becomes insolvent, the 2820
permittee shall notify the chief of the insolvency, and the chief 2821
shall order the permittee to submit a plan for replacement 2822
performance security within thirty days after receipt of notice 2823
from the chief. If the permittee provided performance security in 2824
accordance with division (C)(1) of this section, the permittee 2825
shall provide the replacement performance security within ninety 2826
days after receipt of notice from the chief. If the permittee 2827
provided performance security in accordance with division (C)(2) 2828
of this section, the permittee shall provide the replacement 2829
performance security within one year after receipt of notice from 2830
the chief, and, for a period of one year after the permittee's 2831
receipt of notice from the chief or until the permittee provides 2832
the replacement performance security, whichever occurs first, 2833
money in the reclamation forfeiture fund shall be the permittee's 2834
replacement performance security in an amount not to exceed the 2835
estimated cost of reclamation as determined by the chief.2836

       (K) A permittee's responsibility for repairing material 2837
damage and replacement of water supply resulting from subsidence 2838
may be satisfied by liability insurance required under this 2839
chapter in lieu of the permittee's performance security if the 2840
liability insurance policy contains terms and conditions that 2841
specifically provide coverage for repairing material damage and 2842
replacement of water supply resulting from subsidence.2843

       (L) If the performance security provided in accordance with 2844
this section exceeds the estimated cost of reclamation, the chief 2845
may authorize the amount of the performance security that exceeds 2846
the estimated cost of reclamation together with any interest or 2847
other earnings on the performance security to be paid to the 2848
permittee.2849

       Sec. 1513.081. (A) If an operator becomes insolvent, the 2850
division of mineral resources management shall have a priority 2851
lien in front of all other interested creditors against the assets 2852
of that operator for the amount of any reclamation that is 2853
required as a result of the operator's mining activities. The 2854
chief of the division of mineral resources management shall file a 2855
statement in the office of the county recorder of each county in 2856
which the mined land lies of the estimated cost to reclaim the 2857
land. The estimated cost to reclaim the land shall include the 2858
direct and indirect costs of the development, design, 2859
construction, management, and administration of the reclamation. 2860
The statement shall constitute a lien on the assets of the 2861
operator as of the date of the filing. The lien shall continue in 2862
force so long as any portion of the lien remains unpaid or until 2863
the chief issues a certificate of release of the lien. If the 2864
chief issues a certificate of release of the lien, the chief shall 2865
file the certificate of release in the office of each applicable 2866
county recorder.2867

       (B) The chief promptly shall issue a certificate of release 2868
of a lien under any of the following circumstances:2869

        (1) Upon the repayment in full of the money that is necessary 2870
to complete the reclamation;2871

        (2) Upon the transfer of an existing permit that includes the 2872
areas of the operation for which reclamation was not completed to 2873
a different operator;2874

        (3) Any other circumstance that the chief determines to be in 2875
the best interests of the state.2876

        (C) The chief may modify the amount of a lien under this 2877
section. If the chief modifies a lien, the chief shall file a 2878
statement in the office of the county recorder of each applicable 2879
county of the new amount of the lien.2880

        (D) The chief may authorize an agent to hold a certificate of 2881
release in escrow for a period not to exceed one hundred eighty 2882
days for the purpose of facilitating the transfer of unreclaimed 2883
mine land.2884

        (E) All money from the collection of liens under this section 2885
shall be deposited in the state treasury to the credit of the 2886
reclamation forfeiture fund created in section 1513.18 of the 2887
Revised Code.2888

       Sec. 1513.13.  (A)(1) Any person having an interest that is 2889
or may be adversely affected by a notice of violation, order, or 2890
decision of the chief of the division of mineral resources2891
management, other than a show cause order or an order that adopts2892
a rule, or by any modification, vacation, or termination of such a2893
notice, order, or decision, may appeal by filing a notice of2894
appeal with the reclamation commission for review of the notice,2895
order, or decision within thirty days after the notice, order, or2896
decision is served upon the person or within thirty days after its2897
modification, vacation, or termination and by filing a copy of the2898
notice of appeal with the chief within three days after filing the2899
notice of appeal with the commission. The notice of appeal shall2900
contain a copy of the notice of violation, order, or decision2901
complained of and the grounds upon which the appeal is based. The2902
commission has exclusive original jurisdiction to hear and decide2903
such appeals. The filing of a notice of appeal under division2904
(A)(1) of this section does not operate as a stay of any order,2905
notice of violation, or decision of the chief.2906

       (2) The permittee, the chief, and other interested persons2907
shall be given written notice of the time and place of the hearing2908
at least five days prior thereto. The hearing shall be of record.2909

       (3) Any person authorized under this section to appeal to the 2910
commission may request an informal review by the chief or the2911
chief's designee by filing a written request with the chief within2912
thirty days after a notice, order, decision, modification,2913
vacation, or termination is served upon the person. Filing of the2914
written request shall toll the time for appeal before the2915
commission, but shall not operate as a stay of any order, notice2916
of violation, or decision of the chief. The chief's determination2917
of an informal review is appealable to the commission under this2918
section.2919

       (B) The commission shall affirm the notice of violation,2920
order, or decision of the chief unless the commission determines2921
that it is arbitrary, capricious, or otherwise inconsistent with2922
law; in that case the commission may modify the notice of2923
violation, order, or decision or vacate it and remand it to the2924
chief for further proceedings that the commission may direct.2925

       The commission shall conduct hearings and render decisions in2926
a timely fashion, except that all of the following apply:2927

       (1) When the appeal concerns an order for the cessation of2928
coal mining and reclamation operations issued pursuant to division2929
(D)(1) or (2) of section 1513.02 of the Revised Code, the2930
commission shall issue its written decision within thirty days2931
after the receipt of the appeal unless temporary relief has been2932
granted by the chairperson pursuant to division (C) of this2933
section.2934

       (2) When the appeal concerns an application for a permit2935
under division (I) of section 1513.07 of the Revised Code, the2936
commission shall hold a hearing within thirty days after receipt2937
of the notice of appeal and issue its decision within thirty days2938
after the hearing.2939

       (3) When the appeal concerns a decision of the chief2940
regarding release of bonda performance security under division 2941
(F) of section 1513.16 of the Revised Code, the commission shall 2942
hold a hearing within thirty days after receipt of the notice of 2943
appeal and issue its decision within sixty days after the hearing.2944

       (4) When the appeal concerns a decision of the chief2945
regarding the location of a well in a coal bearing township under2946
section 1509.08 of the Revised Code, the commission shall hold a2947
hearing and issue its decision within thirty days after receipt of2948
the notice of appeal.2949

       (C) The chairperson of the commission, under conditions the2950
chairperson prescribes, may grant temporary relief the chairperson2951
considers appropriate pending final determination of an appeal if2952
all of the following conditions are met:2953

       (1) All parties to the appeal have been notified and given an 2954
opportunity for a hearing to be held in the locality of the2955
subject site on the request for temporary relief and the2956
opportunity to be heard on the request.2957

       (2) The person requesting relief shows that there is a2958
substantial likelihood that the person will prevail on the merits.2959

       (3) The relief will not adversely affect public health or2960
safety or cause significant imminent environmental harm to land,2961
air, or water resources.2962

       The chairperson shall issue a decision expeditiously, except2963
that when the applicant requests relief from an order for the2964
cessation of coal mining and reclamation operations issued2965
pursuant to division (D)(1) or (2) of section 1513.02 of the2966
Revised Code, the decision shall be issued within five days after2967
its receipt.2968

       Any party to an appeal filed with the commission who is2969
aggrieved or adversely affected by a decision of the chairperson2970
to grant or deny temporary relief under this section may appeal2971
that decision to the commission. The commission may confine its2972
review to the record developed at the hearing before the2973
chairperson.2974

       The appeal shall be filed with the commission within thirty2975
days after the chairperson issues the decision on the request for2976
temporary relief. The commission shall issue a decision as2977
expeditiously as possible, except that when the appellant requests2978
relief from an order for the cessation of coal mining and2979
reclamation operations issued pursuant to division (D)(1) or (2)2980
of section 1513.02 of the Revised Code, the decision of the2981
commission shall be issued within five days after receipt of the2982
notice of appeal.2983

       The commission shall affirm the decision of the chairperson2984
granting or denying temporary relief unless it determines that the2985
decision is arbitrary, capricious, or otherwise inconsistent with2986
law.2987

       (D) Following the issuance of an order to show cause as to2988
why a permit should not be suspended or revoked pursuant to2989
division (D)(3) of section 1513.02 of the Revised Code, the chief2990
or a representative of the chief shall hold a public adjudicatory2991
hearing after giving written notice of the time, place, and date2992
thereof. The hearing shall be of record.2993

       Within sixty days following the public hearing, the chief2994
shall issue and furnish to the permittee and all other parties to2995
the hearing a written decision, and the reasons therefor,2996
concerning suspension or revocation of the permit. If the chief2997
revokes the permit, the permittee immediately shall cease coal2998
mining operations on the permit area and shall complete2999
reclamation within a period specified by the chief, or the chief3000
shall declare as forfeited the performance bondssecurity for the3001
operation.3002

       (E)(1) Whenever an enforcement order or permit decision is3003
appealed under this section or any action is filed under division3004
(B) of section 1513.15 or 1513.39 of the Revised Code, at the3005
request of a prevailing party, a sum equal to the aggregate amount3006
of all costs and expenses, including attorney's fees, as3007
determined to have been necessary and reasonably incurred by the3008
prevailing party for or in connection with participation in the3009
enforcement proceedings before the commission, the court under3010
section 1513.15 of the Revised Code, or the chief under section3011
1513.39 of the Revised Code, may be awarded, as considered proper,3012
in accordance with divisions (E)(1)(a) to (c) of this section. In3013
no event shall attorney's fees awarded under this section exceed,3014
for the kind and quality of services, the prevailing market rates3015
at the time the services were furnished under division (A) of this3016
section. A party may be entitled to costs and expenses related3017
solely to the preparation, defense, and appeal of a petition for3018
costs and expenses, provided that the costs and expenses are3019
limited and proportionate to costs and expenses otherwise allowed3020
under division (E) of this section.3021

       (a) A party, other than the permittee or the division of3022
mineral resources management, shall file a petition, if any, for3023
an award of costs and expenses, including attorney's fees, with3024
the chief, who shall review the petition. If the chief finds that3025
the party, other than the permittee or the division, prevailed in3026
whole or in part, made a substantial contribution to a full and3027
fair determination of the issues, and made a contribution separate3028
and distinct from the contribution made by any other party, the3029
chief may award to that party the party's costs and expenses,3030
including attorney's fees that were necessary and reasonably3031
incurred by the petitioning party for, or in connection with,3032
participation in the proceeding before the commission.3033

       (b) If a permittee who made a request under division (E)(1)3034
of this section demonstrates that a party other than a permittee3035
who initiated an appeal under this section or participated in such3036
an appeal initiated or participated in the appeal in bad faith and3037
for the purpose of harassing or embarrassing the permittee, the3038
permittee may file a petition with the chief. The chief may award3039
to the permittee the costs and expenses reasonably incurred by the3040
permittee in connection with participation in the appeal and3041
assess those costs and expenses against the party who initiated3042
the appeal.3043

       (c) The division may file, with the commission, a request for 3044
an award to the division of the costs and expenses reasonably3045
incurred by the division in connection with an appeal initiated3046
under this section. The commission may assess those costs and3047
expenses against the party who initiated the appeal if the3048
division demonstrates that the party initiated or participated in3049
the appeal in bad faith and for the purpose of harassing or3050
embarrassing the division.3051

       (2) Whenever an order issued under this section or as a3052
result of any administrative proceeding under this chapter is the3053
subject of judicial review, at the request of any party, a sum3054
equal to the aggregate amount of all costs and expenses, including3055
attorney's fees, as determined by the court to have been necessary3056
and reasonably incurred by the party for or in connection with3057
participation in the proceedings, may be awarded to either party,3058
in accordance with division (E)(1) of this section, as the court,3059
on the basis of judicial review, considers proper.3060

       Sec. 1513.16.  (A) Any permit issued under this chapter to3061
conduct coal mining operations shall require that the operations3062
meet all applicable performance standards of this chapter and such 3063
other requirements as the chief of the division of mineral 3064
resources management shall adopt by rule. General performance 3065
standards shall apply to all coal mining and reclamation 3066
operations and shall require the operator at a minimum to do all 3067
of the following:3068

       (1) Conduct coal mining operations so as to maximize the3069
utilization and conservation of the solid fuel resource being3070
recovered so that reaffecting the land in the future through coal3071
mining can be minimized;3072

       (2) Restore the land affected to a condition capable of3073
supporting the uses that it was capable of supporting prior to any 3074
mining, or higher or better uses of which there is reasonable3075
likelihood, so long as the uses do not present any actual or3076
probable hazard to public health or safety or pose any actual or3077
probable threat of diminution or pollution of the waters of the3078
state, and the permit applicants' declared proposed land uses3079
following reclamation are not considered to be impractical or3080
unreasonable, to be inconsistent with applicable land use policies 3081
and plans, to involve unreasonable delay in implementation, or to 3082
violate federal, state, or local law;3083

       (3) Except as provided in division (B) of this section, with 3084
respect to all coal mining operations, backfill, compact where 3085
advisable to ensure stability or to prevent leaching of toxic 3086
materials, and grade in order to restore the approximate original 3087
contour of the land with all highwalls, spoil piles, and3088
depressions eliminated unless small depressions are needed in3089
order to retain moisture to assist revegetation or as otherwise3090
authorized pursuant to this chapter, provided that if the operator 3091
demonstrates that due to volumetric expansion the amount of 3092
overburden and the spoil and waste materials removed in the course 3093
of the mining operation are more than sufficient to restore the 3094
approximate original contour, the operator shall backfill, grade, 3095
and compact the excess overburden and other spoil and waste 3096
materials to attain the lowest grade, but not more than the angle 3097
of repose, and to cover all acid-forming and other toxic materials 3098
in order to achieve an ecologically sound land use compatible with 3099
the surrounding region in accordance with the approved mining 3100
plan. The overburden or spoil shall be shaped and graded in such a 3101
way as to prevent slides, erosion, and water pollution and shall 3102
be revegetated in accordance with this chapter.3103

       (4) Stabilize and protect all surface areas, including spoil 3104
piles affected by the coal mining and reclamation operation, to 3105
control erosion and attendant air and water pollution effectively;3106

       (5) Remove the topsoil from the land in a separate layer,3107
replace it on the backfill area, or, if not utilized immediately,3108
segregate it in a separate pile from the spoil, and when the3109
topsoil is not replaced on a backfill area within a time short3110
enough to avoid deterioration of the topsoil, maintain a3111
successful cover by quick-growing plants or other means thereafter 3112
so that the topsoil is preserved from wind and water erosion, 3113
remains free of any contamination by acid or other toxic material, 3114
and is in a usable condition for sustaining vegetation when 3115
restored during reclamation. If the topsoil is of insufficient 3116
quantity or of poor quality for sustaining vegetation or if other 3117
strata can be shown to be more suitable for vegetation 3118
requirements, the operator shall remove, segregate, and preserve 3119
in a like manner such other strata as are best able to support 3120
vegetation.3121

       (6) Restore the topsoil or the best available subsoil that is 3122
best able to support vegetation;3123

       (7) For all prime farmlands as identified in division3124
(B)(2)(1)(p) of section 1513.07 of the Revised Code to be mined 3125
and reclaimed, perform soil removal, storage, replacement, and 3126
reconstruction in accordance with specifications established by 3127
the secretary of the United States department of agriculture under 3128
the "Surface Mining Control and Reclamation Act of 1977," 91 Stat. 3129
445, 30 U.S.C.A. 1201. The operator, at a minimum, shall be 3130
required to do all of the following:3131

       (a) Segregate the A horizon of the natural soil, except where 3132
it can be shown that other available soil materials will create a 3133
final soil having a greater productive capacity, and, if not 3134
utilized immediately, stockpile this material separately from the 3135
spoil and provide needed protection from wind and water erosion or 3136
contamination by acid or other toxic material;3137

       (b) Segregate the B horizon of the natural soil, or3138
underlying C horizons or other strata, or a combination of such3139
horizons or other strata that are shown to be both texturally and3140
chemically suitable for plant growth and that can be shown to be3141
equally or more favorable for plant growth than the B horizon, in3142
sufficient quantities to create in the regraded final soil a root3143
zone of comparable depth and quality to that which existed in the3144
natural soil, and, if not utilized immediately, stockpile this3145
material separately from the spoil and provide needed protection3146
from wind and water erosion or contamination by acid or other3147
toxic material;3148

       (c) Replace and regrade the root zone material described in 3149
division (A)(7)(b) of this section with proper compaction and3150
uniform depth over the regraded spoil material;3151

       (d) Redistribute and grade in a uniform manner the surface3152
soil horizon described in division (A)(7)(a) of this section.3153

       (8) Create, if authorized in the approved mining and3154
reclamation plan and permit, permanent impoundments of water on3155
mining sites as part of reclamation activities only when it is3156
adequately demonstrated by the operator that all of the following3157
conditions will be met:3158

       (a) The size of the impoundment is adequate for its intended 3159
purposes.3160

       (b) The impoundment dam construction will be so designed as 3161
to achieve necessary stability with an adequate margin of safety 3162
compatible with that of structures constructed under the3163
"Watershed Protection and Flood Prevention Act," 68 Stat. 6663164
(1954), 16 U.S.C. 1001, as amended.3165

       (c) The quality of impounded water will be suitable on a3166
permanent basis for its intended use and discharges from the3167
impoundment will not degrade the water quality below water quality 3168
standards established pursuant to applicable federal and state law 3169
in the receiving stream.3170

       (d) The level of water will be reasonably stable.3171

       (e) Final grading will provide adequate safety and access for 3172
proposed water users.3173

       (f) The water impoundments will not result in the diminution 3174
of the quality or quantity of water utilized by adjacent or 3175
surrounding landowners for agricultural, industrial, recreational, 3176
or domestic uses.3177

       (9) Conduct any augering operation associated with strip3178
mining in a manner to maximize recoverability of mineral reserves3179
remaining after the operation and reclamation are complete and3180
seal all auger holes with an impervious and noncombustible3181
material in order to prevent drainage, except where the chief3182
determines that the resulting impoundment of water in such auger3183
holes may create a hazard to the environment or the public health3184
or safety. The chief may prohibit augering if necessary to3185
maximize the utilization, recoverability, or conservation of the3186
solid fuel resources or to protect against adverse water quality3187
impacts.3188

       (10) Minimize the disturbances to the prevailing hydrologic 3189
balance at the mine site and in associated offsite areas and to 3190
the quality and quantity of water in surface and ground water 3191
systems both during and after coal mining operations and during 3192
reclamation by doing all of the following:3193

       (a) Avoiding acid or other toxic mine drainage by such3194
measures as, but not limited to:3195

       (i) Preventing or removing water from contact with toxic3196
producing deposits;3197

       (ii) Treating drainage to reduce toxic content that adversely 3198
affects downstream water upon being released to water courses in 3199
accordance with rules adopted by the chief in accordance with 3200
section 1513.02 of the Revised Code;3201

       (iii) Casing, sealing, or otherwise managing boreholes,3202
shafts, and wells, and keeping acid or other toxic drainage from3203
entering ground and surface waters.3204

       (b)(i) Conducting coal mining operations so as to prevent, to 3205
the extent possible using the best technology currently available, 3206
additional contributions of suspended solids to streamflow or 3207
runoff outside the permit area, but in no event shall 3208
contributions be in excess of requirements set by applicable state 3209
or federal laws;3210

       (ii) Constructing any siltation structures pursuant to3211
division (A)(10)(b)(i) of this section prior to commencement of3212
coal mining operations. The structures shall be certified by3213
persons approved by the chief to be constructed as designed and as 3214
approved in the reclamation plan.3215

       (c) Cleaning out and removing temporary or large settling3216
ponds or other siltation structures from drainways after disturbed 3217
areas are revegetated and stabilized, and depositing the silt and 3218
debris at a site and in a manner approved by the chief;3219

       (d) Restoring recharge capacity of the mined area to3220
approximate premining conditions;3221

       (e) Avoiding channel deepening or enlargement in operations 3222
requiring the discharge of water from mines;3223

       (f) Such other actions as the chief may prescribe.3224

       (11) With respect to surface disposal of mine wastes,3225
tailings, coal processing wastes, and other wastes in areas other3226
than the mine working areas or excavations, stabilize all waste3227
piles in designated areas through construction in compacted3228
layers, including the use of noncombustible and impervious3229
materials if necessary, and ensure that the final contour of the3230
waste pile will be compatible with natural surroundings and that3231
the site can and will be stabilized and revegetated according to3232
this chapter;3233

       (12) Refrain from coal mining within five hundred feet of3234
active and abandoned underground mines in order to prevent3235
breakthroughs and to protect the health or safety of miners. The3236
chief shall permit an operator to mine near, through, or partially 3237
through an abandoned underground mine or closer than five hundred 3238
feet to an active underground mine if both of the following3239
conditions are met:3240

       (a) The nature, timing, and sequencing of the approximate3241
coincidence of specific strip mine activities with specific3242
underground mine activities are approved by the chief;.3243

       (b) The operations will result in improved resource recovery, 3244
abatement of water pollution, or elimination of hazards to the 3245
health and safety of the public.3246

       (13) Design, locate, construct, operate, maintain, enlarge, 3247
modify, and remove or abandon, in accordance with the standards 3248
and criteria developed pursuant to rules adopted by the chief, all 3249
existing and new coal mine waste piles consisting of mine wastes, 3250
tailings, coal processing wastes, or other liquid and solid 3251
wastes, and used either temporarily or permanently as dams or 3252
embankments;3253

       (14) Ensure that all debris, acid-forming materials, toxic3254
materials, or materials constituting a fire hazard are treated or3255
buried and compacted or otherwise disposed of in a manner designed 3256
to prevent contamination of ground or surface waters and that 3257
contingency plans are developed to prevent sustained combustion;3258

       (15) Ensure that all reclamation efforts proceed in an3259
environmentally sound manner and as contemporaneously as3260
practicable with the coal mining operations, except that where the 3261
applicant proposes to combine strip mining operations with3262
underground mining operations to ensure maximum practical recovery 3263
of the mineral resources, the chief may grant a variance for 3264
specific areas within the reclamation plan from the requirement 3265
that reclamation efforts proceed as contemporaneously as 3266
practicable to permit underground mining operations prior to3267
reclamation if:3268

       (a) The chief finds in writing that:3269

       (i) The applicant has presented, as part of the permit3270
application, specific, feasible plans for the proposed underground 3271
mining operations.3272

       (ii) The proposed underground mining operations are necessary 3273
or desirable to ensure maximum practical recovery of the mineral 3274
resource and will avoid multiple disturbance of the surface.3275

       (iii) The applicant has satisfactorily demonstrated that the 3276
plan for the underground mining operations conforms to3277
requirements for underground mining in this state and that permits 3278
necessary for the underground mining operations have been issued 3279
by the appropriate authority.3280

       (iv) The areas proposed for the variance have been shown by 3281
the applicant to be necessary for the implementing of the proposed 3282
underground mining operations.3283

       (v) No substantial adverse environmental damage, either3284
on-site or off-site, will result from the delay in completion of3285
reclamation as required by this chapter.3286

       (vi) Provisions for the off-site storage of spoil will comply 3287
with division (A)(21) of this section.3288

       (b) The chief has adopted specific rules to govern the3289
granting of such variances in accordance with this division and3290
has imposed such additional requirements as the chief considers 3291
necessary.3292

       (c) Variances granted under this division shall be reviewed 3293
by the chief not more than three years from the date of issuance 3294
of the permit.3295

       (d) Liability under the bondperformance security filed by 3296
the applicant with the chief pursuant to section 1513.08 of the 3297
Revised Code shall be for the duration of the underground mining 3298
operations and until the requirements of this section and section 3299
1513.08 of the Revised Code have been fully complied with.3300

       (16) Ensure that the construction, maintenance, and3301
postmining conditions of access roads into and across the site of3302
operations will control or prevent erosion and siltation,3303
pollution of water, and damage to fish or wildlife or their3304
habitat, or to public or private property;3305

       (17) Refrain from the construction of roads or other access 3306
ways up a stream bed or drainage channel or in such proximity to 3307
the channel as to seriously alter the normal flow of water;3308

       (18) Establish, on the regraded areas and all other lands3309
affected, a diverse, effective, and permanent vegetative cover of3310
the same seasonal variety native to the area of land to be3311
affected and capable of self-regeneration and plant succession at3312
least equal in extent of cover to the natural vegetation of the3313
area, except that introduced species may be used in the3314
revegetation process where desirable and necessary to achieve the3315
approved postmining land use plan;3316

       (19)(a) Assume the responsibility for successful3317
revegetation, as required by division (A)(18) of this section, for 3318
a period of five full years after the last year of augmented3319
seeding, fertilizing, irrigation, or other work in order to ensure 3320
compliance with that division, except that when the chief approves 3321
a long-term intensive agricultural postmining land use, the 3322
applicable five-year period of responsibility for revegetation 3323
shall commence at the date of initial planting for that long-term 3324
intensive agricultural postmining land use, and except that when 3325
the chief issues a written finding approving a long-term intensive 3326
agricultural postmining land use as part of the mining and 3327
reclamation plan, the chief may grant an exception to division 3328
(A)(18) of this section;3329

       (b) On lands eligible for remining, assume the responsibility 3330
for successful revegetation, as required by division (A)(18) of 3331
this section, for a period of two full years after the last year 3332
of augmented seeding, fertilizing, irrigation, or other work in 3333
order to ensure compliance with that division.3334

       (20) Protect off-site areas from slides or damage occurring 3335
during the coal mining and reclamation operations and not deposit 3336
spoil material or locate any part of the operations or waste 3337
accumulations outside the permit area;3338

       (21) Place all excess spoil material resulting from coal3339
mining and reclamation operations in such a manner that all of the 3340
following apply:3341

       (a) Spoil is transported and placed in a controlled manner in 3342
position for concurrent compaction and in such a way as to ensure 3343
mass stability and to prevent mass movement.3344

       (b) The areas of disposal are within the bonded permit areas 3345
for which performance security has been provided. All organic 3346
matter shall be removed immediately prior to spoil placement 3347
except in the zoned concept method.3348

       (c) Appropriate surface and internal drainage systems and3349
diversion ditches are used so as to prevent spoil erosion and mass 3350
movement.3351

       (d) The disposal area does not contain springs, natural3352
watercourses, or wet weather seeps unless lateral drains are3353
constructed from the wet areas to the main underdrains in such a3354
manner that filtration of the water into the spoil pile will be3355
prevented unless the zoned concept method is used.3356

       (e) If placed on a slope, the spoil is placed upon the most 3357
moderate slope among those slopes upon which, in the judgment of 3358
the chief, the spoil could be placed in compliance with all the 3359
requirements of this chapter and is placed, where possible, upon, 3360
or above, a natural terrace, bench, or berm if that placement 3361
provides additional stability and prevents mass movement.3362

       (f) Where the toe of the spoil rests on a downslope, a rock 3363
toe buttress of sufficient size to prevent mass movement is3364
constructed.3365

       (g) The final configuration is compatible with the natural3366
drainage pattern and surroundings and suitable for intended uses.3367

       (h) Design of the spoil disposal area is certified by a3368
qualified registered professional engineer in conformance with3369
professional standards.3370

       (i) All other provisions of this chapter are met.3371

       (22) Meet such other criteria as are necessary to achieve3372
reclamation in accordance with the purpose of this chapter, taking 3373
into consideration the physical, climatological, and other3374
characteristics of the site;3375

       (23) To the extent possible, using the best technology3376
currently available, minimize disturbances and adverse impacts of3377
the operation on fish, wildlife, and related environmental values, 3378
and achieve enhancement of such resources where practicable;3379

       (24) Provide for an undisturbed natural barrier beginning at 3380
the elevation of the lowest coal seam to be mined and extending 3381
from the outslope for such distance as the chief shall determine 3382
to be retained in place as a barrier to slides and erosion.3383

       (B)(1) The chief may permit mining operations for the3384
purposes set forth in division (B)(3) of this section.3385

       (2) When an applicant meets the requirements of divisions3386
(B)(3) and (4) of this section, a permit without regard to the3387
requirement to restore to approximate original contour known as3388
mountain top removal set forth in divisions (A)(3) or (C)(2) and3389
(3) of this section may be granted for the mining of coal where3390
the mining operation will remove an entire coal seam or seams3391
running through the upper fraction of a mountain, ridge, or hill,3392
except as provided in division (B)(4)(a) of this section, by3393
removing all of the overburden and creating a level plateau or a3394
gently rolling contour with no highwalls remaining, and capable of 3395
supporting postmining uses in accordance with this division.3396

       (3) In cases where an industrial, commercial, agricultural, 3397
residential, or public facility use, including recreational 3398
facilities, is proposed for the postmining use of the affected 3399
land, the chief may grant a permit for a mining operation of the 3400
nature described in division (B)(2) of this section when all of 3401
the following apply:3402

       (a) After consultation with the appropriate land use planning 3403
agencies, if any, the proposed postmining land use is considered 3404
to constitute an equal or better economic or public use of the 3405
affected land, as compared with premining use.3406

       (b) The applicant presents specific plans for the proposed3407
postmining land use and appropriate assurances that the use will3408
be all of the following:3409

       (i) Compatible with adjacent land uses;3410

       (ii) Obtainable according to data regarding expected need and 3411
market;3412

       (iii) Assured of investment in necessary public facilities;3413

       (iv) Supported by commitments from public agencies where3414
appropriate;3415

       (v) Practicable with respect to private financial capability 3416
for completion of the proposed use;3417

       (vi) Planned pursuant to a schedule attached to the3418
reclamation plan so as to integrate the mining operation and3419
reclamation with the postmining land use;3420

       (vii) Designed by a registered engineer in conformity with3421
professional standards established to ensure the stability,3422
drainage, and configuration necessary for the intended use of the3423
site.3424

       (c) The proposed use is consistent with adjacent land uses3425
and existing state and local land use plans and programs.3426

       (d) The chief provides the governing body of the unit of3427
general-purpose local government in which the land is located, and 3428
any state or federal agency that the chief, in the chief's 3429
discretion, determines to have an interest in the proposed use, an 3430
opportunity of not more than sixty days to review and comment on 3431
the proposed use.3432

       (e) All other requirements of this chapter will be met.3433

       (4) In granting a permit pursuant to this division, the chief 3434
shall require that each of the following is met:3435

       (a) The toe of the lowest coal seam and the overburden3436
associated with it are retained in place as a barrier to slides3437
and erosion.3438

       (b) The reclaimed area is stable.3439

       (c) The resulting plateau or rolling contour drains inward3440
from the outslopes except at specified points.3441

       (d) No damage will be done to natural watercourses.3442

       (e) Spoil will be placed on the mountaintop bench as is3443
necessary to achieve the planned postmining land use, except that3444
all excess spoil material not retained on the mountaintop bench3445
shall be placed in accordance with division (A)(21) of this3446
section.3447

       (f) Stability of the spoil retained on the mountaintop bench 3448
is ensured and the other requirements of this chapter are met.3449

       (5) The chief shall adopt specific rules to govern the3450
granting of permits in accordance with divisions (B)(1) to (4) of3451
this section and may impose such additional requirements as the3452
chief considers necessary.3453

       (6) All permits granted under divisions (B)(1) to (4) of this 3454
section shall be reviewed not more than three years from the date 3455
of issuance of the permit unless the applicant affirmatively3456
demonstrates that the proposed development is proceeding in3457
accordance with the terms of the approved schedule and reclamation 3458
plan.3459

       (C) All of the following performance standards apply to3460
steep-slope coal mining and are in addition to those general3461
performance standards required by this section, except that this3462
division does not apply to those situations in which an operator3463
is mining on flat or gently rolling terrain on which an occasional 3464
steep slope is encountered through which the mining operation is 3465
to proceed, leaving a plain or predominantly flat area, or where 3466
an operator is in compliance with division (B) of this section:3467

       (1) The operator shall ensure that when performing coal3468
mining on steep slopes, no debris, abandoned or disabled3469
equipment, spoil material, or waste mineral matter is placed on3470
the downslope below the bench or mining cut. Spoil material in3471
excess of that required for the reconstruction of the approximate3472
original contour under division (A)(3) or (C)(2) of this section3473
shall be permanently stored pursuant to division (A)(21) of this3474
section.3475

       (2) The operator shall complete backfilling with spoil3476
material to cover completely the highwall and return the site to3477
the approximate original contour, which material will maintain3478
stability following mining and reclamation.3479

       (3) The operator shall not disturb land above the top of the 3480
highwall unless the chief finds that the disturbance will3481
facilitate compliance with the environmental protection standards3482
of this section, except that any such disturbance involving land3483
above the highwall shall be limited to that amount of land3484
necessary to facilitate compliance.3485

       (D)(1) The chief may permit variances for the purposes set3486
forth in division (D)(3) of this section, provided that the3487
watershed control of the area is improved and that complete3488
backfilling with spoil material shall be required to cover3489
completely the highwall, which material will maintain stability3490
following mining and reclamation.3491

       (2) Where an applicant meets the requirements of divisions3492
(D)(3) and (4) of this section, a variance from the requirement to 3493
restore to approximate original contour set forth in division3494
(C)(2) of this section may be granted for the mining of coal when 3495
the owner of the surface knowingly requests in writing, as a part 3496
of the permit application, that such a variance be granted so as 3497
to render the land, after reclamation, suitable for an industrial, 3498
commercial, residential, or public use, including recreational 3499
facilities, in accordance with divisions (D)(3) and (4) of this3500
section.3501

       (3) A variance pursuant to division (D)(2) of this section3502
may be granted if:3503

       (a) After consultation with the appropriate land use planning 3504
agencies, if any, the potential use of the affected land is 3505
considered to constitute an equal or better economic or public3506
use.3507

       (b) The postmining land condition is designed and certified 3508
by a registered professional engineer in conformity with 3509
professional standards established to ensure the stability,3510
drainage, and configuration necessary for the intended use of the3511
site.3512

       (c) After approval of the appropriate state environmental3513
agencies, the watershed of the affected land is considered to be3514
improved.3515

       (4) In granting a variance pursuant to division (D) of this 3516
section, the chief shall require that only such amount of spoil 3517
will be placed off the mine bench as is necessary to achieve the 3518
planned postmining land use, ensure stability of the spoil 3519
retained on the bench, and meet all other requirements of this 3520
chapter. All spoil placement off the mine bench shall comply with 3521
division (A)(21) of this section.3522

       (5) The chief shall adopt specific rules to govern the3523
granting of variances under division (D) of this section and may3524
impose such additional requirements as the chief considers3525
necessary.3526

       (6) All variances granted under division (D) of this section 3527
shall be reviewed not more than three years from the date of 3528
issuance of the permit unless the permittee affirmatively3529
demonstrates that the proposed development is proceeding in3530
accordance with the terms of the reclamation plan.3531

       (E) The chief shall establish standards and criteria3532
regulating the design, location, construction, operation,3533
maintenance, enlargement, modification, removal, and abandonment3534
of new and existing coal mine waste piles referred to in division3535
(A)(13) of this section and division (A)(5) of section 1513.35 of3536
the Revised Code. The standards and criteria shall conform to the 3537
standards and criteria used by the chief of the United States army 3538
corps of engineers to ensure that flood control structures are 3539
safe and effectively perform their intended function. In addition 3540
to engineering and other technical specifications, the standards 3541
and criteria developed pursuant to this division shall include 3542
provisions for review and approval of plans and specifications 3543
prior to construction, enlargement, modification, removal, or 3544
abandonment; performance of periodic inspections during 3545
construction; issuance of certificates of approval upon completion 3546
of construction; performance of periodic safety inspections; and 3547
issuance of notices for required remedial or maintenance work.3548

       (F)(1) The permittee may file a request with the chief for3549
release of a part of a performance bond or depositsecurity under 3550
division (F)(3) of this section. Within thirty days after any 3551
request for bond or depositperformance security release under 3552
this section has been filed with the chief, the operator shall 3553
submit a copy of an advertisement placed at least once a week for 3554
four successive weeks in a newspaper of general circulation in the 3555
locality of the coal mining operation. The advertisement shall be 3556
considered part of any bondperformance security release 3557
application and shall contain a notification of the precise 3558
location of the land affected, the number of acres, the permit 3559
number and the date approved, the amount of the bondperformance 3560
security filed and the portion sought to be released, the type and 3561
appropriate dates of reclamation work performed, and a description 3562
of the results achieved as they relate to the operator's approved3563
reclamation plan and, if applicable, the operator's pollution3564
abatement plan. In addition, as part of any bondperformance 3565
security release application, the applicant shall submit copies of 3566
the letters sent to adjoining property owners, local governmental 3567
bodies, planning agencies, and sewage and water treatment 3568
authorities or water companies in the locality in which the coal 3569
mining and reclamation activities took place, notifying them of 3570
the applicant's intention to seek release from the bond3571
performance security.3572

       (2) Upon receipt of a copy of the advertisement and request 3573
for release of a bond or depositperformance security under 3574
division (F)(3)(c) of this section, the chief, within thirty days, 3575
shall conduct an inspection and evaluation of the reclamation work 3576
involved. The evaluation shall consider, among other things, the 3577
degree of difficulty to complete any remaining reclamation, 3578
whether pollution of surface and subsurface water is occurring, 3579
the probability of continuation or future occurrence of the3580
pollution, and the estimated cost of abating the pollution. The3581
chief shall notify the permittee in writing of the decision to3582
release or not to release all or part of the performance bond or3583
depositsecurity within sixty days after the filing of the request 3584
if no public hearing is held pursuant to division (F)(6) of this3585
section or, if there has been a public hearing held pursuant to3586
division (F)(6) of this section, within thirty days thereafter.3587

       (3) The chief may release the bond or depositperformance 3588
security if the reclamation covered by the bond or deposit3589
performance security or portion thereof has been accomplished as 3590
required by this chapter and rules adopted under it according to 3591
the following schedule:3592

       (a) When the operator completes the backfilling, regrading, 3593
and drainage control of a bondedan area for which performance 3594
security has been provided in accordance with the approved 3595
reclamation plan, and, if the area covered by the bond or deposit3596
performance security is one for which an authorization was made3597
under division (E)(7) of section 1513.07 of the Revised Code, the3598
operator has complied with the approved pollution abatement plan3599
and all additional requirements established by the chief in rules3600
adopted under section 1513.02 of the Revised Code governing coal3601
mining and reclamation operations on pollution abatement areas,3602
the chief shall grant a release of fifty per cent of the bond or3603
depositperformance security for the applicable permit area.3604

       (b) After resoiling and revegetation have been established on 3605
the regraded mined lands in accordance with the approved3606
reclamation plan, the chief shall grant a release in an amount not 3607
exceeding thirty-five per cent of the original bond or deposit3608
performance security for all or part of the affected area under 3609
the permit. When determining the amount of bondperformance 3610
security to be released after successful revegetation has been 3611
established, the chief shall retain that amount of bond3612
performance security for the revegetated area that would be3613
sufficient for a third party to cover the cost of reestablishing3614
revegetation for the period specified for operator responsibility3615
in this section for reestablishing revegetation. No part of the3616
bond or depositperformance security shall be released under this 3617
division so long as the lands to which the release would be 3618
applicable are contributing suspended solids to streamflow or 3619
runoff outside the permit area in excess of the requirements of 3620
this section or until soil productivity for prime farmlands has 3621
returned to equivalent levels of yield as nonmined land of the 3622
same soil type in the surrounding area under equivalent management 3623
practices as determined from the soil survey performed pursuant to 3624
section 1513.07 of the Revised Code. If the area covered by the 3625
bond or depositperformance security is one for which an 3626
authorization was made under division (E)(7) of section 1513.07 of 3627
the Revised Code, no part of the bond or depositperformance 3628
security shall be released under this division until the operator 3629
has complied with the approved pollution abatement plan and all 3630
additional requirements established by the chief in rules adopted 3631
under section 1513.02 of the Revised Code governing coal mining 3632
and reclamation operations on pollution abatement areas. Where a 3633
silt dam is to be retained as a permanent impoundment pursuant to 3634
division (A)(10) of this section, the portion of bondperformance 3635
security may be released under this division so long as provisions 3636
for sound future maintenance by the operator or the landowner have3637
been made with the chief.3638

       (c) When the operator has completed successfully all coal3639
mining and reclamation activities, including, if applicable, all3640
additional requirements established in the pollution abatement3641
plan approved under division (E)(7) of section 1513.07 of the3642
Revised Code and all additional requirements established by the3643
chief in rules adopted under section 1513.02 of the Revised Code3644
governing coal mining and reclamation operations on pollution3645
abatement areas, the chief shall release all or any of the3646
remaining portion of the bond or depositperformance security for 3647
all or part of the affected area under a permit, but not before 3648
the expiration of the period specified for operator responsibility 3649
in this section, except that the chief may adopt rules for a 3650
variance to the operator period of responsibility considering 3651
vegetation success and probability of continued growth and consent 3652
of the landowner, provided that no bondperformance security shall 3653
be fully released until all reclamation requirements of this 3654
chapter are fully met.3655

       (4) If the chief disapproves the application for release of 3656
the bond or depositperformance security or portion thereof, the 3657
chief shall notify the permittee, in writing, stating the reasons 3658
for disapproval and recommending corrective actions necessary to 3659
secure the release, and allowing the opportunity for a public 3660
adjudicatory hearing.3661

       (5) When any application for total or partial bond3662
performance security release is filed with the chief under this 3663
section, the chief shall notify the municipal corporation in which 3664
the coal mining operation is located by certified mail at least 3665
thirty days prior to the release of all or a portion of the bond3666
performance security.3667

       (6) A person with a valid legal interest that might be3668
adversely affected by release of a bondperformance security under 3669
this section or the responsible officer or head of any federal, 3670
state, or local government agency that has jurisdiction by law or 3671
special expertise with respect to any environmental, social, or 3672
economic impact involved in the operation or is authorized to 3673
develop and enforce environmental standards with respect to such 3674
operations may file written objections to the proposed release 3675
from the bondperformance security with the chief within thirty 3676
days after the last publication of the notice required by division 3677
(F)(1) of this section. If written objections are filed and an 3678
informal conference is requested, the chief shall inform all 3679
interested parties of the time and place of the conference. The 3680
date, time, and location of the informal conference shall be 3681
advertised by the chief in a newspaper of general circulation in 3682
the locality of the coal mining operation proposed for bond3683
performance security release for at least once a week for two 3684
consecutive weeks. The informal conference shall be held in the 3685
locality of the coal mining operation proposed for bond3686
performance security release or in Franklin county, at the option 3687
of the objector, within thirty days after the request for the3688
conference. An electronic or stenographic record shall be made of 3689
the conference proceeding unless waived by all parties. The record 3690
shall be maintained and shall be accessible to the parties until 3691
final release of the performance bondsecurity at issue. In the3692
event all parties requesting the informal conference stipulate3693
agreement prior to the requested informal conference and withdraw3694
their request, the informal conference need not be held.3695

       (7) If an informal conference has been held pursuant to3696
division (F)(6) of this section, the chief shall issue and furnish 3697
the applicant and persons who participated in the conference with 3698
the written decision regarding the release within sixty days after 3699
the conference. Within thirty days after notification of the final 3700
decision of the chief regarding the bondperformance security3701
release, the applicant or any person with an interest that is or 3702
may be adversely affected by the decision may appeal the decision 3703
to the reclamation commission pursuant to section 1513.13 of the 3704
Revised Code.3705

       (8)(a) Except as provided in division (F)(8)(c) of this 3706
section, if the chief determines that a permittee is responsible 3707
for mine drainage that requires water treatment after reclamation 3708
is completed under the terms of the permit or that a permittee 3709
must provide an alternative water supply after reclamation is 3710
completed under the terms of the permit, the permittee shall 3711
provide alternative financial security in an amount determined by 3712
the chief prior to the release of the remaining portion of 3713
performance security under division (F)(3)(c) of this section. The 3714
alternative financial security shall be in an amount that is equal 3715
to or greater than the present value of the estimated cost over 3716
time to develop and implement mine drainage plans and provide 3717
water treatment or in an amount that is necessary to provide and 3718
maintain an alternative water supply, as applicable. The 3719
alternative financial security shall include a contract, trust, or 3720
other agreement or mechanism that is enforceable under law to 3721
provide long-term water treatment or a long-term alternative water 3722
supply, or both.3723

       (b) The chief shall adopt rules in accordance with Chapter 3724
119. of the Revised Code that are necessary for the administration 3725
of division (F)(8)(a) of this section.3726

       (c) Division (F)(8)(a) of this section does not apply while 3727
the chief's determination of a permittee's responsibility under 3728
that division is the subject of a good faith administrative or 3729
judicial appeal contesting the validity of the determination. If 3730
after completion of the appeal there is an enforceable 3731
administrative or judicial decision affirming or modifying the 3732
chief's determination, the permittee shall provide the alternative 3733
financial security in an amount established in the administrative 3734
or judicial decision.3735

       (9) Final release of the performance security in accordance 3736
with division (F)(3)(c) of this section terminates the 3737
jurisdiction of the chief under this chapter over the reclaimed 3738
site of a surface coal mining and reclamation operation or 3739
applicable portion of an operation. However, the chief shall 3740
reassert jurisdiction over such a site if the release was based on 3741
fraud, collusion, or misrepresentation of a material fact and the 3742
chief, in writing, demonstrates evidence of the fraud, collusion, 3743
or misrepresentation. Any person with an interest that is or may 3744
be adversely affected by the chief's determination may appeal the 3745
determination to the reclamation commission in accordance with 3746
section 1513.13 of the Revised Code.3747

       (G) The chief shall adopt rules governing the criteria for3748
forfeiture of bondperformance security, the method of determining 3749
the forfeited amount, and the procedures to be followed in the 3750
event of forfeiture. Cash received as the result of such 3751
forfeiture is the property of the state.3752

       Sec. 1513.17.  (A) No person shall:3753

       (1) Engage in coal mining or conduct a coal mining operation 3754
without a permit issued by the chief of the division of mineral 3755
resources management;3756

       (2) Knowingly violate a condition or exceed the limits of a 3757
permit;3758

       (3) Knowingly fail to comply with an order of the chief 3759
issued under this chapter;3760

       (4) Knowingly violate any provision of this chapter not3761
specifically mentioned in this section;3762

       (5) Knowingly make any false statement, representation, or3763
certification or knowingly fail to make any statement,3764
representation, or certification in any application, record,3765
report, plan, or other document filed or required to be maintained 3766
under this chapter or under a final order or decision issued by 3767
the chief;3768

       (6) Knowingly prevent, hinder, delay, or otherwise obstruct 3769
the operator from completing backfilling, grading, resoiling, 3770
establishing successful vegetation, and meeting all other 3771
reclamation requirements of this chapter prior to the final 3772
release of the operator's bondperformance security.3773

       (B) Division (A)(1) of this section imposes strict criminal3774
liability.3775

       Sec. 1513.171. (A) For the purpose of claiming a credit under 3776
section 5749.11 of the Revised Code, an operator with a valid 3777
permit issued under section 1513.07 of the Revised Code may submit 3778
an application to the chief of the division of mineral resources 3779
management to perform reclamation on land or water resources that 3780
are not within the area of the applicant's permit and that have 3781
been adversely affected by past coal mining for which the 3782
performance security was forfeited. The chief shall provide the 3783
application form. The application shall include all of the 3784
following:3785

       (1) The operator's name, address, and telephone number;3786

       (2) The valid permit number of the operator;3787

       (3) An identification of the area or areas to be reclaimed;3788

       (4) An identification of the owner of the land;3789

       (5) A reclamation plan that describes the work to be done to 3790
reclaim the land or water resources. The plan shall include a 3791
description of how the plan is consistent with local physical, 3792
environmental, and climatological conditions and the measures to 3793
be taken during the reclamation to ensure the protection of water 3794
systems.3795

       (6) An estimate of the total cost of the reclamation;3796

       (7) An estimate of the timetables for accomplishing the 3797
reclamation;3798

       (8) Any other requirements that the chief prescribes by rule.3799

       The chief shall approve, disapprove, or approve with 3800
modifications the application concerning the proposed reclamation 3801
work. If the chief approves the application, the applicant may 3802
commence reclamation in accordance with the timetables included in 3803
the application. Upon the completion of the reclamation to the 3804
satisfaction of the chief, the chief shall issue a numbered 3805
reclamation tax credit certificate showing the amount of the 3806
credit and the identity of the recipient. Prior to the close of 3807
the fiscal quarter in which the tax credit certificate is issued, 3808
the chief shall certify to the tax commissioner the amount of the 3809
credit and the identity of the recipient.3810

       (B) The chief shall determine the amount of the credit in 3811
accordance with this section and rules adopted under it. The 3812
amount of the credit shall be equal to the cost that the division 3813
of mineral resources management would have expended from the 3814
reclamation forfeiture fund created in section 1513.18 of the 3815
Revised Code to complete the reclamation.3816

       (C) The chief shall adopt rules in accordance with Chapter 3817
119. of the Revised Code that are necessary to administer this 3818
section. The rules shall establish all of the following:3819

       (1) A procedure that the chief shall use to determine the 3820
amount of the credit issued under this section;3821

       (2) A procedure by which the chief may obtain consent of the 3822
owners of land or water resources to allow reclamation work for 3823
purposes of this section;3824

       (3) A procedure for delivery of notice to the owners of land 3825
or water resources on which the reclamation work is to be 3826
performed. The rules shall require the notice to include the date 3827
on which the reclamation work is scheduled to begin.3828

       Sec. 1513.18.  (A) All money that becomes the property of the 3829
state under division (G) of section 1513.16 of the Revised Code 3830
shall be deposited in the reclamation forfeiture fund, which is 3831
hereby created in the state treasury. Disbursements from the fund 3832
shall be made by the chief of the division of mineral resources3833
management for the purpose of reclaiming areas of land affected by 3834
coal mining under a coal mining and reclamation permit issued on 3835
or after September 1, 1981, on which an operator has defaulted.3836

       (B) The fund also shall consist of any moneys transferred to 3837
it under this division from the unreclaimed lands fund created in 3838
section 1513.30all money from the collection of liens under 3839
section 1513.081 of the Revised Code, any moneys transferred to it 3840
under section 1513.181 of the Revised Code from the coal mining 3841
and reclamation reserve fund created in that section, fines 3842
collected under division (E) of section 1513.02 and section 3843
1513.99 of the Revised Code, fines collected for a violation of 3844
section 2921.31 of the Revised Code that, prior to July 1, 1996, 3845
would have been a violation of division (G) of section 1513.17 of 3846
the Revised Code as it existed prior to that date, and moneys3847
collected and credited to it pursuant to section 5749.02 of the3848
Revised Code. Disbursements from the fund shall be made by the 3849
chief in accordance with division (D) of this section for the 3850
purpose of reclaiming areas that an operator has affected by 3851
mining and failed to reclaim under a coal mining and reclamation 3852
permit issued under this chapter or under a surface mining permit 3853
issued under Chapter 1514. of the Revised Code. The chief's 3854
priority for management of the fund, including the selection of 3855
projects and transfer of moneys, shall be to ensure that 3856
sufficient moneys are available for the reclamation of areas 3857
affected by mining under a coal mining and reclamation permit.3858

       The chief may expend moneys from the fund to pay necessary 3859
administrative costs, including engineering and design services, 3860
incurred by the division of mineral resources management in 3861
reclaiming these areas. The chief also may expend moneys from the 3862
fund to pay necessary administrative costs of the reclamation 3863
forfeiture fund advisory board created in section 1513.182 of the 3864
Revised Code as authorized by the board under that section.3865
Expenditures from the fund to pay such administrative costs need 3866
not be made under contract.3867

       As moneys are spent from the fund, the director of budget and 3868
management, upon the certification of the chief, shall transfer 3869
additional moneys from the unreclaimed lands fund created in 3870
section 1513.30 of the Revised Code that the chief requests,3871
provided that the director shall not transfer more than one3872
million dollars from the unreclaimed lands fund to the reclamation 3873
forfeiture fund during any fiscal year.3874

       (C) Except when paying necessary administrative costs3875
authorized by division (B) of this section, expenditures from the 3876
fund shall be made under contracts entered into by the chief, with 3877
the approval of the director of natural resources, in accordance 3878
with procedures established by the chief, by rules adopted in 3879
accordance with section 1513.02 of the Revised Code. The chief 3880
may reclaim the land in the same manner as set forth in sections 3881
1513.21 to 1513.24 of the Revised Code. Each contract awarded by 3882
the chief shall be awarded to the lowest responsive and 3883
responsible bidder, in accordance with section 9.312 of the3884
Revised Code, after sealed bids are received, opened, and3885
published at the time and place fixed by the chief. The chief3886
shall publish notice of the time and place at which bids will be3887
received, opened, and published, at least once and at least ten3888
days before the date of the opening of the bids, in a newspaper of 3889
general circulation in the county in which the area of land to be 3890
reclaimed under the contract is located. If, after advertising, no 3891
bids are received at the time and place fixed for receiving them, 3892
the chief may advertise again for bids, or, if the chief considers 3893
the public interest will best be served, the chief may enter into 3894
a contract for the reclamation of the area of land without further 3895
advertisement for bids. The chief may reject any or all bids 3896
received and again publish notice of the time and place at which 3897
bids for contracts will be received, opened, and published. The 3898
chief, with the approval of the director, may enter into a 3899
contract with the landowner, a coal mine operator or surface mine 3900
operator mining under a current, valid permit issued under this 3901
chapter or Chapter 1514. of the Revised Code, or a contractor3902
hired by the surety or trustee, if the performance security is 3903
held in trust, to complete reclamation to carry out reclamation on3904
land affected by coal mining on which an operator has defaulted3905
without advertising for bids.3906

       (D) If the amount of(1) The chief shall expend money 3907
credited to the reclamation forfeiture fund from the forfeiture of 3908
the bondperformance security applicable to thean area of land is 3909
not sufficient to pay the cost of doing all of the reclamation 3910
work on land that the operator should have done, but failed to do 3911
under a coal mining and reclamation permit, the chief may expend 3912
from the moneys credited to the fund under section 5749.02 of the3913
Revised Code or transferred to the fund under division (B) of this3914
section or under section 1513.181 of the Revised Code the amount 3915
of money necessary to completeto pay for the cost of the 3916
reclamation work to the standards required by this chapterof the 3917
land.3918

       (2) If the performance security for the area of land was 3919
provided under division (C)(1) of section 1513.08 of the Revised 3920
Code, the chief shall use the money from the forfeited performance 3921
security to complete the reclamation that the operator failed to 3922
do under the operator's applicable coal mining and reclamation 3923
permit issued under this chapter.3924

       (3) If the performance security for the area of land was 3925
provided under division (C)(2) of section 1513.08 of the Revised 3926
Code, the chief shall use the money from the forfeited performance 3927
security to complete the reclamation that the operator failed to 3928
do under the operator's applicable coal mining and reclamation 3929
permit issued under this chapter. If the money credited to the 3930
reclamation forfeiture fund from the forfeiture of the performance 3931
security provided under division (C)(2) of section 1513.08 of the 3932
Revised Code is not sufficient to complete the reclamation, the 3933
chief shall notify the reclamation forfeiture fund advisory board 3934
of the amount of the insufficiency. The chief may expend money 3935
credited to the reclamation forfeiture fund under section 5749.02 3936
of the Revised Code or transferred to the fund under section 3937
1513.181 of the Revised Code to complete the reclamation. The 3938
chief shall not expend money from the fund in an amount that 3939
exceeds the difference between the amount of the performance 3940
security provided under division (C)(2) of section 1513.08 of the 3941
Revised Code and the estimated cost of reclamation as determined 3942
by the chief under divisions (B) and (E) of that section.3943

       (4) Money from the reclamation forfeiture fund shall not be 3944
used for reclamation of land or water resources affected by 3945
material damage from subsidence, mine drainage that requires 3946
extended water treatment after reclamation is completed under the 3947
terms of the permit, or coal preparation plants or coal refuse 3948
disposal areas not located within a permitted area of a mine if 3949
performance security for the area of land was provided under 3950
division (C)(2) of section 1513.08 of the Revised Code.3951

       (E) The chief shall keep a detailed accounting of the3952
expenditures from the reclamation forfeiture fund to complete 3953
reclamation of the land and, upon completion of the reclamation, 3954
shall certify the expenditures to the attorney general. Upon the 3955
chief's certification of the expenditures from the reclamation 3956
forfeiture fund, the attorney general shall bring an action for 3957
that amount of money. The operator is liable for that expense in 3958
addition to any other liabilities imposed by law. Moneys so 3959
recovered shall be credited to the reclamation forfeiture fund. 3960
The chief shall not postpone the reclamation because of any action 3961
brought by the attorney general under this division. Prior to 3962
completing reclamation, the chief may collect through the attorney 3963
general any additional amount that the chief believes will be 3964
necessary for reclamation in excess of the forfeited bond3965
performance security amount applicable to the land that the 3966
operator should have, but failed to, reclaim.3967

       (F) IfExcept as otherwise provided in division (H) of this 3968
section, if any part of the moneys in the reclamation forfeiture3969
fund remains in the fund after the chief has caused the area of3970
land to be reclaimed and has paid all the reclamation costs and3971
expenses, the chief may expend those moneys to complete other3972
reclamation work performed under this section on forfeiture areas3973
affected under a coal mining and reclamation permit issued on or3974
after September 1, 1981.3975

       (G) The chief shall require every contractor performing3976
reclamation work pursuant to this section to pay workers at the3977
greater of their regular rate of pay, as established by contract,3978
agreement, or prior custom or practice, or the average wage rate3979
paid in this state for the same or similar work as determined by3980
the chief under section 1513.02 of the Revised Code.3981

       (H) All investment earnings of the fund shall be credited to 3982
the fund and shall be used only for the reclamation of land for 3983
which performance security was provided under division (C)(2) of 3984
section 1513.08 of the Revised Code.3985

       Sec. 1513.181.  There is hereby created in the state treasury 3986
the coal mining administration and reclamation reserve fund. The 3987
fund shall be used for the administration and enforcement of this 3988
chapter. The chief of the division of mineral resources management3989
may transfer not more than one million dollars annually from the 3990
fund to the reclamation forfeiture fund created in section 1513.18 3991
of the Revised Code to complete reclamation of lands affected by 3992
coal mining under a permit issued under this chapter, or by 3993
surface mining under a surface mining permit issued under Chapter 3994
1514. of the Revised Code, that the operator failed to reclaim and 3995
for which the operator's bondperformance security is insufficient 3996
to complete the reclamation. Within ten days before or after the 3997
beginning of each calendar quarter, the chief may certify to the3998
director of budget and management the amount of money needed to 3999
perform such reclamation during the quarter for transfer from the 4000
coal mining administration and reclamation reserve fund to the 4001
reclamation forfeiture fund.4002

       Fines collected under division (E) of section 1513.02 and4003
section 1513.99 of the Revised Code, and fines collected for a 4004
violation of section 2921.31 of the Revised Code that, prior to 4005
July 1, 1996, would have been a violation of division (G) of 4006
section 1513.17 of the Revised Code as it existed prior to that 4007
date, shall be paid into the coal mining administration and 4008
reclamation reserve fund.4009

       If the director of natural resources determines it to be 4010
necessary, the director may request the controlling board to 4011
transfer an amount of money from the coal mining administration 4012
and reclamation reserve fund to the unreclaimed lands fund created 4013
in section 1513.30 of the Revised Code.4014

       Sec. 1513.182. (A) There is hereby created the reclamation 4015
forfeiture fund advisory board consisting of the director of 4016
natural resources, the director of insurance, and seven members 4017
appointed by the governor with the advice and consent of the 4018
senate. Of the governor's appointments, one shall be a certified 4019
public accountant, one shall be a registered professional engineer 4020
with experience in reclamation of mined land, two shall represent 4021
agriculture, agronomy, or forestry, one shall be a representative 4022
of operators of coal mining operations that have valid permits 4023
issued under this chapter and that have provided performance 4024
security under division (C)(1) of section 1513.08 of the Revised 4025
Code, one shall be a representative of operators of coal mining 4026
operations that have valid permits issued under this chapter and 4027
that have provided performance security under division (C)(2) of 4028
section 1513.08 of the Revised Code, and one shall be a 4029
representative of the public.4030

        Of the original members appointed by the governor, two shall 4031
serve an initial term of two years, three an initial term of three 4032
years, and two an initial term of four years. Thereafter, terms of 4033
appointed members shall be for four years, with each term ending 4034
on the same date as the original date of appointment. An appointed 4035
member shall hold office from the date of appointment until the 4036
end of the term for which the member was appointed. Vacancies 4037
shall be filled in the same manner as original appointments. A 4038
member appointed to fill a vacancy occurring prior to the 4039
expiration of the term for which the member's predecessor was 4040
appointed shall hold office for the remainder of that term. A 4041
member shall continue in office subsequent to the expiration date 4042
of the member's term until the member's successor takes office or 4043
until a period of sixty days has elapsed, whichever occurs first. 4044
The governor may remove an appointed member of the board for 4045
misfeasance, nonfeasance, or malfeasance.4046

        The directors of natural resources and insurance shall not 4047
receive compensation for serving on the board, but shall be 4048
reimbursed for the actual and necessary expenses incurred in the 4049
performance of their duties as members of the board. The members 4050
appointed by the governor shall receive per diem compensation 4051
fixed pursuant to division (J) of section 124.15 of the Revised 4052
Code and reimbursement for the actual and necessary expenses 4053
incurred in the performance of their duties.4054

        (B) The board annually shall elect from among its members a 4055
chairperson, a vice-chairperson, and a secretary to record the 4056
board's meetings.4057

        (C) The board shall hold meetings as often as necessary as 4058
the chairperson or a majority of the members determines.4059

        (D) The board shall establish procedures for conducting 4060
meetings and for the election of its chairperson, 4061
vice-chairperson, and secretary.4062

        (E) The board shall do all of the following:4063

        (1) Review the deposits into and expenditures from the 4064
reclamation forfeiture fund created in section 1513.18 of the 4065
Revised Code;4066

        (2) Retain periodically a qualified actuary to perform an 4067
actuarial study of the reclamation forfeiture fund;4068

        (3) Based on an actuarial study and as determined necessary 4069
by the board, adopt rules in accordance with Chapter 119. of the 4070
Revised Code to adjust the rate of the tax levied under division 4071
(A)(8) of section 5749.02 of the Revised Code and the balance of 4072
the reclamation forfeiture fund that pertains to that rate;4073

        (4) Evaluate any rules, procedures, and methods for 4074
estimating the cost of reclamation for purposes of determining the 4075
amount of performance security that is required under section 4076
1513.08 of the Revised Code; the collection of forfeited 4077
performance security; payments to the reclamation forfeiture fund; 4078
reclamation of sites for which operators have forfeited the 4079
performance security; and the compliance of operators with their 4080
reclamation plans;4081

        (5) Provide a forum for discussion of issues related to the 4082
reclamation forfeiture fund and the performance security that is 4083
required under section 1513.08 of the Revised Code;4084

        (6) Submit a report biennially to the governor that describes 4085
the financial status of the reclamation forfeiture fund and the 4086
adequacy of the amount of money in the fund to accomplish the 4087
purposes of the fund and that may discuss any matter related to 4088
the performance security that is required under section 1513.08 of 4089
the Revised Code;4090

        (7) Make recommendations to the governor, if necessary, of 4091
alternative methods of providing money for or using money in the 4092
reclamation forfeiture fund and issues related to the reclamation 4093
of land or water resources that have been adversely affected by 4094
past coal mining for which the performance security was forfeited;4095

        (8) Adopt rules in accordance with Chapter 119. of the 4096
Revised Code that are necessary to administer this section.4097

       Sec. 1513.29.  There is hereby created the council on4098
unreclaimed strip mined lands. Its members are the chief of the4099
division of mineral resources management, four persons appointed 4100
by the director of natural resources, two members of the house of 4101
representatives appointed by the speaker of the house of 4102
representatives, one member of the house of representatives 4103
appointed by the minority leader of the house of representatives, 4104
two members of the senate appointed by the president of the 4105
senate, and one member of the senate appointed by the minority 4106
leader of the senate.4107

       Members who are members of the general assembly shall serve4108
terms of four years or until their legislative terms end,4109
whichever is sooner. Members appointed by the director shall serve 4110
terms of four years, except that the terms of the first four 4111
members shall be for two and four years, as designated by the 4112
director. Any vacancy in the office of a member of the council 4113
shall be filled by the appointing authority for the unexpired term 4114
of the member whose office will be vacant. The appointing4115
authority may at any time remove a member of the council for4116
misfeasance, nonfeasance, malfeasance, or conflict of interest in4117
office.4118

       The council shall hold at least four regular quarterly4119
meetings each year. Special meetings may be heldas necessary at 4120
the call of the chairperson or a majority of the members. The4121
council shall annually elect from among its members a chairperson, 4122
a vice-chairperson, and a secretary to keep a record of its 4123
proceedings.4124

       The council shall gather information, study, and make4125
recommendations concerning the number of acres, location,4126
ownership, condition, environmental damage resulting from the4127
condition, cost of acquiring, reclaiming, and possible future uses 4128
and value of eroded lands within the state, including land4129
affected by strip mining for which no cash is held in the strip4130
mining reclamation forfeiture fund created in section 1513.18 of 4131
the Revised Code.4132

       The council may employ such staff and hire such consultants4133
as necessary to perform its duties. Members appointed by the4134
director and, notwithstanding section 101.26 of the Revised Code,4135
members who are members of the general assembly, when engaged in4136
their official duties as members of the council, shall be4137
compensated on a per diem basis in accordance with division (J) of 4138
section 124.15 of the Revised Code. Members shall be reimbursed 4139
for their necessary expenses. Expenses incurred by the council and 4140
compensation provided under this section shall be paid by the 4141
chief of the division of mineral resources management from the4142
unreclaimed lands fund created in section 1513.30 of the Revised 4143
Code.4144

       The council shall report its findings and recommendations to4145
the governor and the general assembly not later than January 1,4146
1974, and biennially thereafter.4147

       Sec. 1513.30.  There is hereby created in the state treasury 4148
the unreclaimed lands fund, to be administered by the chief of the 4149
division of mineral resources management and used for the purpose 4150
of reclaiming land, public or private, affected by mining, or4151
controlling mine drainage, for which no cash is held in the 4152
reclamation forfeiture fund created in section 1513.18 of the 4153
Revised Code or the surface mining fund created in section 1514.06 4154
of the Revised Code and also for the purpose of paying the4155
expenses and compensation of the council on unreclaimed strip 4156
mined lands as required by section 1513.29 of the Revised Code.4157

       In order to direct expenditures from the unreclaimed lands4158
fund toward reclamation projects that fulfill priority needs and4159
provide the greatest public benefits, the chief periodically shall 4160
submit to the council project proposals to be financed from the 4161
unreclaimed lands fund, together with benefit and cost data and 4162
other pertinent information. For the purpose of selecting project 4163
areas and determining the boundaries of project areas, the council4164
shall consider the feasibility, cost, and public benefits of 4165
reclaiming the areas, their potential for being mined, the 4166
availability of federal or other financial assistance for 4167
reclamation, and the geographic distribution of project areas to 4168
ensure fair distribution among affected areas.4169

       The council shall give priority to areas where there is4170
little or no likelihood of mining within the foreseeable future, 4171
reclamation is feasible at reasonable cost with available funds, 4172
and either of the following applies:4173

       (A) The pollution of the waters of the state and damage to4174
adjacent property are most severe and widespread;.4175

       (B) Reclamation will make possible public uses for soil,4176
water, forest, or wildlife conservation or public recreation4177
purposes, will facilitate orderly commercial or industrial site4178
development, or will facilitate the use or improve the enjoyment4179
of nearby public conservation or recreation lands.4180

       At least two weeks before any meeting of the council on4181
unreclaimed strip mined lands at which the chief will submit a4182
project proposal, a project area will be selected, or the4183
boundaries of a project area will be determined, the chief shall4184
mail notice by first class mail to the board of county4185
commissioners of the county and the board of township trustees of4186
the township in which the proposed project lies and the chief4187
executive and the legislative authority of each municipal4188
corporation within the proposed project area. The chief also shall 4189
give reasonable notice to the news media in the county where the 4190
proposed project lies.4191

       Expenditures from the unreclaimed lands fund for reclamation 4192
projects may be made only for projects that are within the 4193
boundaries of project areas approved by the council, and 4194
expenditures for a particular project may not exceed any 4195
applicable limits set by the council. Expenditures from the 4196
unreclaimed lands fund shall be made by the chief, with the 4197
approval of the director of natural resources.4198

       The controlling board may transfer excess funds from the oil 4199
and gas well fund created in section 1509.02 of the Revised Code,4200
after recommendation by the council on unreclaimed strip mined 4201
lands, to meet deficiencies in the unreclaimed lands fund.4202

       The chief may expend an amount not to exceed twenty per cent 4203
of the moneys credited annually by the treasurer of state to the 4204
unreclaimed lands fund for the purpose of administering the fund.4205

       The chief may engage in cooperative projects under this 4206
section with any agency of the United States, appropriate state 4207
agencies, or state universities or colleges as defined in section 4208
3345.27 of the Revised Code and may transfer money from the fund, 4209
with the approval of the council, to other appropriate state 4210
agencies or to state universities or colleges in order to carry 4211
out the reclamation activities authorized by this section.4212

       If the director of natural resources determines it to be 4213
necessary, the director may request the controlling board to 4214
transfer an amount of money from the fund to the coal mining 4215
administration and reclamation reserve fund created in section 4216
1513.181 of the Revised Code.4217

       Sec. 1513.37.  (A) There is hereby created in the state4218
treasury the abandoned mine reclamation fund, which shall be4219
administered by the chief of the division of mineral resources 4220
management. The fund shall consist of grants from the secretary of4221
the interior from the federal abandoned mine reclamation fund4222
established by Title IV of the "Surface Mining Control and4223
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201,4224
regulations adopted under it, and amendments to the act and 4225
regulations. Expenditures from the abandoned mine reclamation 4226
fund shall be made by the chief for the following purposes:4227

       (1) Reclamation and restoration of land and water resources 4228
adversely affected by past coal mining, including, but not limited 4229
to, reclamation and restoration of abandoned strip mine areas, 4230
abandoned coal processing areas, and abandoned coal refuse 4231
disposal areas; sealing and filling of abandoned deep mine entries 4232
and voids; planting of land adversely affected by past coal 4233
mining; prevention of erosion and sedimentation; prevention,4234
abatement, treatment, and control of water pollution created by4235
coal mine drainage, including restoration of streambeds and4236
construction and operation of water treatment plants; prevention,4237
abatement, and control of burning coal refuse disposal areas and4238
burning coal in situ; and prevention, abatement, and control of4239
coal mine subsidence;4240

       (2) Acquisition and filling of voids and sealing of tunnels, 4241
shafts, and entryways of noncoal lands;4242

       (3) Acquisition of land as provided for in this section;4243

       (4) Administrative expenses incurred in accomplishing the4244
purposes of this section;4245

       (5) All other necessary expenses to accomplish the purposes 4246
of this section.4247

       (B) Expenditures of moneys from the fund on land and water4248
eligible pursuant to division (C) of this section shall reflect4249
the following priorities in the order stated:4250

       (1) The protection of public health, safety, general welfare, 4251
and property from extreme danger of adverse effects of coal mining 4252
practices;4253

       (2) The protection of public health, safety, and general4254
welfare from adverse effects of coal mining practices;4255

       (3) The restoration of land and water resources and the4256
environment previously degraded by adverse effects of coal mining4257
practices, including measures for the conservation and development 4258
of soil and water (excluding channelization), woodland, fish and 4259
wildlife, recreation resources, and agricultural productivity;4260

       (4) Research and demonstration projects relating to the4261
development of coal mining reclamation and water quality control4262
program methods and techniques;4263

       (5) The protection, repair, replacement, construction, or4264
enhancement of public facilities such as utilities, roads,4265
recreation facilities, and conservation facilities adversely 4266
affected by coal mining practices;4267

       (6) The development of publicly owned land adversely affected 4268
by coal mining practices, including land acquired as provided in 4269
this section for recreation and historic purposes, conservation 4270
and reclamation purposes, and open space benefits.4271

       (C)(1) Lands and water eligible for reclamation or drainage4272
abatement expenditures under this section are those that were4273
mined for coal or were affected by such mining, wastebanks, coal4274
processing, or other coal mining processes and that meet one of 4275
the following criteria:4276

       (a) Are lands that were abandoned or left in an inadequate 4277
reclamation status prior to August 3, 1977, and for which there is 4278
no continuing reclamation responsibility under state or federal 4279
laws;4280

       (b) Are lands for which the chief finds that surface coal 4281
mining operations occurred at any time between August 4, 1977, and 4282
August 16, 1982, and that any moneys for reclamation or abatement 4283
that are available pursuant to a bond, performance security, or4284
other form of financial guarantee or from any other source are not 4285
sufficient to provide for adequate reclamation or abatement at the 4286
site;4287

       (c) Are lands for which the chief finds that surface coal 4288
mining operations occurred at any time between August 4, 1977, and 4289
November 5, 1990, that the surety of the mining operator became 4290
insolvent during that time, and that, as of November 5, 1990, any 4291
moneys immediately available from proceedings relating to that 4292
insolvency or from any financial guarantee or other source are not 4293
sufficient to provide for adequate reclamation or abatement at the 4294
site.4295

       (2) In determining which sites to reclaim pursuant to 4296
divisions (C)(1)(b) and (c) of this section, the chief shall 4297
follow the priorities stated in divisions (B)(1) and (2) of this 4298
section and shall ensure that priority is given to those sites 4299
that are in the immediate vicinity of a residential area or that4300
have an adverse economic impact on a local community.4301

       (3) Surface coal mining operations on lands eligible for 4302
remining shall not affect the eligibility of those lands for 4303
reclamation and restoration under this section after the release 4304
of the bond, performance security, or other form of financial 4305
guarantee for any such operation as provided under division (F) of 4306
section 1513.16 of the Revised Code. If the bond, performance 4307
security, or other form of financial guarantee for a surface coal 4308
mining operation on lands eligible for remining is forfeited,4309
moneys available under this section may be used if the amount of 4310
the bond, performance security, or other form of financial 4311
guarantee is not sufficient to provide for adequate reclamation or 4312
abatement, except that if conditions warrant, the chief 4313
immediately shall exercise the authority granted under division 4314
(L) of this section.4315

       (D) The chief may submit to the secretary of the interior a 4316
state reclamation plan and annual projects to carry out the4317
purposes of this section.4318

       (1) The reclamation plan generally shall identify the areas 4319
to be reclaimed, the purposes for which the reclamation is4320
proposed, the relationship of the lands to be reclaimed and the4321
proposed reclamation to surrounding areas, the specific criteria4322
for ranking and identifying projects to be funded, and the legal4323
authority and programmatic capability to perform the work in4324
accordance with this section.4325

       (2) On an annual basis, the chief may submit to the secretary 4326
an application for support of the abandoned mine reclamation fund 4327
and implementation of specific reclamation projects. The annual 4328
requests shall include such information as may be requested by the 4329
secretary.4330

       Before submitting an annual application to the secretary, the 4331
chief first shall submit it to the council on unreclaimed strip4332
mined lands for review and approval by the council. The chief4333
shall not submit such an application to the secretary until it has 4334
been approved by the council. The chief shall submit applications 4335
for administrative costs, imminent hazards, or emergency projects 4336
to the council for review.4337

       (3) The costs for each proposed project under this section4338
shall include actual construction costs, actual operation and4339
maintenance costs of permanent facilities, planning and4340
engineering costs, construction inspection costs, and other4341
necessary administrative expenses.4342

       (4) Before making any expenditure of funds from the fund to 4343
implement any specific reclamation project under this section, the 4344
chief first shall submit to the council a project proposal and any 4345
other pertinent information regarding the project requested by the 4346
council for review and approval of the specific project by the 4347
council.4348

       (5) The chief may submit annual and other reports required by 4349
the secretary when funds are provided by the secretary under Title 4350
IV of the "Surface Mining Control and Reclamation Act of 1977," 91 4351
Stat. 445, 30 U.S.C.A. 1201, regulations adopted under it, and4352
amendments to the act and regulations.4353

       (E)(1) There is hereby created in the state treasury the acid 4354
mine drainage abatement and treatment fund, which shall be 4355
administered by the chief. The fund shall consist of grants from 4356
the secretary of the interior from the federal abandoned mine4357
reclamation fund pursuant to section 402(g)(6) of Title IV of the 4358
"Surface Mining Control and Reclamation Act of 1977," 91 Stat. 4359
445, 30 U.S.C.A. 1201. All investment earnings of the fund shall 4360
be credited to the fund.4361

       (2) The chief shall make expenditures from the fund, in 4362
consultation with the United States department of agriculture, 4363
soil conservation service, to implement acid mine drainage 4364
abatement and treatment plans approved by the secretary. The plans 4365
shall provide for the comprehensive abatement of the causes and 4366
treatment of the effects of acid mine drainage within qualified 4367
hydrologic units affected by coal mining practices and shall 4368
include at least all of the following:4369

       (a) An identification of the qualified hydrologic unit. As 4370
used in division (E) of this section, "qualified hydrologic unit" 4371
means a hydrologic unit that meets all of the following criteria:4372

       (i) The water quality in the unit has been significantly4373
affected by acid mine drainage from coal mining practices in a 4374
manner that has an adverse impact on biological resources.4375

       (ii) The unit contains lands and waters that meet the4376
eligibility requirements established under division (C) of this 4377
section and any of the priorities established in divisions (B)(1) 4378
to (3) of this section.4379

       (iii) The unit contains lands and waters that are proposed to 4380
be the subject of expenditures from the reclamation forfeiture 4381
fund created in section 1513.18 of the Revised Code or the4382
unreclaimed lands fund created in section 1513.30 of the Revised 4383
Code.4384

       (b) The extent to which acid mine drainage is affecting the 4385
water quality and biological resources within the hydrologic unit;4386

       (c) An identification of the sources of acid mine drainage4387
within the hydrologic unit;4388

       (d) An identification of individual projects and the measures 4389
proposed to be undertaken to abate and treat the causes or effects 4390
of acid mine drainage within the hydrologic unit;4391

       (e) The cost of undertaking the proposed abatement and4392
treatment measures;4393

       (f) An identification of existing and proposed sources of4394
funding for those measures;4395

       (g) An analysis of the cost-effectiveness and environmental 4396
benefits of abatement and treatment measures.4397

       (3) The chief may make grants of moneys from the acid mine 4398
drainage abatement and treatment fund to watershed groups for 4399
conducting projects to accomplish the purposes of this section. A 4400
grant may be made in an amount equal to not more than fifty per 4401
cent of each of the following:4402

       (a) Reasonable and necessary expenses for the collection and 4403
analysis of data sufficient to do either or both of the following:4404

       (i) Identify a watershed as a qualified hydrologic unit;4405

       (ii) Monitor the quality of water in a qualified hydrologic 4406
unit before, during, and at any time after completion of the 4407
project by the watershed group.4408

       (b) Engineering design costs and construction costs involved 4409
in the project, provided that the project is conducted in a 4410
qualified hydrologic unit and the chief considers the project to 4411
be a priority.4412

       A watershed group that wishes to obtain a grant under4413
division (E)(3) of this section shall submit an application to the 4414
chief on forms provided by the division of mineral resources4415
management, together with detailed estimates and timetables for 4416
accomplishing the stated goals of the project and any other 4417
information that the chief requires.4418

       For the purposes of establishing priorities for awarding4419
grants under division (E)(3) of this section, the chief shall 4420
consider each project's feasibility, cost-effectiveness, and 4421
environmental benefit, together with the availability of matching 4422
funding, including in-kind services, for the project.4423

       The chief shall enter into a contract for funding with each 4424
applicant awarded a grant to ensure that the moneys granted are 4425
used for the purposes of this section and that the work that the 4426
project involves is done properly. The contract is not subject to 4427
division (B) of section 127.16 of the Revised Code. The final 4428
payment of grant moneys shall not be made until the chief inspects 4429
and approves the completed project.4430

       The chief shall require each applicant awarded a grant under 4431
this section who conducts a project involving construction work to 4432
pay workers at the greater of their regular rate of pay, as 4433
established by contract, agreement, or prior custom or practice, 4434
or the average wage rate paid in this state for the same or 4435
similar work performed in the same or a similar locality by 4436
private companies doing similar work on similar projects.4437

       As used in division (E)(3) of this section, "watershed group" 4438
means a charitable organization as defined in section 1716.01 of 4439
the Revised Code that has been established for the purpose of 4440
conducting reclamation of land and waters adversely affected by 4441
coal mining practices and specifically for conducting acid mine 4442
drainage abatement.4443

       (F)(1) If the chief makes a finding of fact that land or4444
water resources have been adversely affected by past coal mining4445
practices; the adverse effects are at a stage where, in the public 4446
interest, action to restore, reclaim, abate, control, or prevent 4447
the adverse effects should be taken; the owners of the land or 4448
water resources where entry must be made to restore, reclaim, 4449
abate, control, or prevent the adverse effects of past coal mining 4450
practices are not known or are not readily available; or the 4451
owners will not give permission for the state, political4452
subdivisions, or their agents, employees, or contractors to enter4453
upon the property to restore, reclaim, abate, control, or prevent4454
the adverse effects of past coal mining practices; then, upon4455
giving notice by mail to the owners, if known, or, if not known,4456
by posting notice upon the premises and advertising once in a4457
newspaper of general circulation in the municipal corporation or4458
county in which the land lies, the chief or the chief's agents,4459
employees, or contractors may enter upon the property adversely4460
affected by past coal mining practices and any other property to4461
have access to the property to do all things necessary or4462
expedient to restore, reclaim, abate, control, or prevent the4463
adverse effects. The entry shall be construed as an exercise of4464
the police power for the protection of the public health, safety,4465
and general welfare and shall not be construed as an act of4466
condemnation of property nor of trespass on it. The moneys4467
expended for the work and the benefits accruing to any such4468
premises so entered upon shall be chargeable against the land and4469
shall mitigate or offset any claim in or any action brought by any 4470
owner of any interest in the premises for any alleged damages by 4471
virtue of the entry, but this provision is not intended to create 4472
new rights of action or eliminate existing immunities.4473

       (2) The chief or the chief's authorized representatives may4474
enter upon any property for the purpose of conducting studies or4475
exploratory work to determine the existence of adverse effects of4476
past coal mining practices and to determine the feasibility of4477
restoration, reclamation, abatement, control, or prevention of4478
such adverse effects. The entry shall be construed as an exercise 4479
of the police power for the protection of the public health,4480
safety, and general welfare and shall not be construed as an act4481
of condemnation of property nor trespass on it.4482

       (3) The chief may acquire any land by purchase, donation, or 4483
condemnation that is adversely affected by past coal mining4484
practices if the chief determines that acquisition of the land is4485
necessary to successful reclamation and that all of the following 4486
apply:4487

       (a) The acquired land, after restoration, reclamation,4488
abatement, control, or prevention of the adverse effects of past4489
coal mining practices, will serve recreation and historic4490
purposes, serve conservation and reclamation purposes, or provide4491
open space benefits.4492

       (b) Permanent facilities such as a treatment plant or a4493
relocated stream channel will be constructed on the land for the4494
restoration, reclamation, abatement, control, or prevention of the 4495
adverse effects of past coal mining practices.4496

       (c) Acquisition of coal refuse disposal sites and all coal4497
refuse thereon will serve the purposes of this section or public 4498
ownership is desirable to meet emergency situations and prevent 4499
recurrences of the adverse effects of past coal mining practices.4500

       (4)(a) Title to all lands acquired pursuant to this section 4501
shall be in the name of the state. The price paid for land 4502
acquired under this section shall reflect the market value of the 4503
land as adversely affected by past coal mining practices.4504

       (b) The chief may receive grants on a matching basis from the 4505
secretary of the interior for the purpose of carrying out this 4506
section.4507

       (5)(a) Where land acquired pursuant to this section is4508
considered to be suitable for industrial, commercial, residential, 4509
or recreational development, the chief may sell the land by public 4510
sale under a system of competitive bidding at not less than fair 4511
market value and under other requirements imposed by rule to 4512
ensure that the lands are put to proper use consistent with local 4513
and state land use plans, if any, as determined by the chief.4514

       (b) The chief, when requested, and after appropriate public 4515
notice, shall hold a public meeting in the county, counties, or 4516
other appropriate political subdivisions of the state in which 4517
lands acquired pursuant to this section are located. The meetings 4518
shall be held at a time that shall afford local citizens and 4519
governments the maximum opportunity to participate in the decision 4520
concerning the use or disposition of the lands after restoration, 4521
reclamation, abatement, control, or prevention of the adverse 4522
effects of past coal mining practices.4523

       (6) In addition to the authority to acquire land under4524
division (F)(3) of this section, the chief may use money in the4525
fund to acquire land by purchase, donation, or condemnation, and4526
to reclaim and transfer acquired land to a political subdivision,4527
or to any person, if the chief determines that it is an integral 4528
and necessary element of an economically feasible plan for the4529
construction or rehabilitation of housing for persons disabled as4530
the result of employment in the mines or work incidental to that 4531
employment, persons displaced by acquisition of land pursuant to 4532
this section, persons dislocated as the result of adverse effects 4533
of coal mining practices that constitute an emergency as provided 4534
in the "Surface Mining Control and Reclamation Act of 1977," 914535
Stat. 466, 30 U.S.C.A. 1240, or amendments to it, or persons4536
dislocated as the result of natural disasters or catastrophic4537
failures from any cause. Such activities shall be accomplished4538
under such terms and conditions as the chief requires, which may4539
include transfers of land with or without monetary consideration,4540
except that to the extent that the consideration is below the fair 4541
market value of the land transferred, no portion of the difference 4542
between the fair market value and the consideration shall accrue 4543
as a profit to those persons. No part of the funds provided under 4544
this section may be used to pay the actual construction costs of 4545
housing. The chief may carry out the purposes of division (F)(6) 4546
of this section directly or by making grants and commitments for 4547
grants and may advance money under such terms and conditions as 4548
the chief may require to any agency or instrumentality of the 4549
state or any public body or nonprofit organization designated by 4550
the chief.4551

       (G)(1) Within six months after the completion of projects to 4552
restore, reclaim, abate, control, or prevent adverse effects of 4553
past coal mining practices on privately owned land, the chief4554
shall itemize the moneys so expended and may file a statement of 4555
the expenditures in the office of the county recorder of the 4556
county in which the land lies, together with a notarized appraisal 4557
by an independent appraiser of the value of the land before the4558
restoration, reclamation, abatement, control, or prevention of4559
adverse effects of past coal mining practices if the moneys so4560
expended result in a significant increase in property value. The4561
statement shall constitute a lien upon the land as of the date of4562
the expenditures of the moneys and shall have priority as a lien4563
second only to the lien of real property taxes imposed upon the4564
land. The lien shall not exceed the amount determined by the4565
appraisal to be the increase in the fair market value of the land 4566
as a result of the restoration, reclamation, abatement, control, 4567
or prevention of the adverse effects of past coal mining 4568
practices. No lien shall be filed under division (G) of this4569
section against the property of any person who owned the surface 4570
prior to May 2, 1977, and did not consent to, participate in, or 4571
exercise control over the mining operation that necessitated the 4572
reclamation performed.4573

       (2) The landowner may petition, within sixty days after the 4574
filing of the lien, to determine the increase in the fair market4575
value of the land as a result of the restoration, reclamation,4576
abatement, control, or prevention of the adverse effects of past4577
coal mining practices. The amount reported to be the increase in4578
value of the premises shall constitute the amount of the lien and4579
shall be recorded with the statement provided in this section. Any 4580
party aggrieved by the decision may appeal as provided by state 4581
law.4582

       (3) The lien provided in division (G) of this section shall 4583
be recorded and indexed, under the name of the state and the 4584
landowner, in a lien index in the office of the county recorder of 4585
the county in which the land lies. The county recorder shall 4586
impose no charge for the recording or indexing of the lien. If the 4587
land is registered, the county recorder shall make a notation and 4588
enter a memorial of the lien upon the page of the register in 4589
which the last certificate of title to the land is registered, 4590
stating the name of the claimant, amount claimed, volume and page 4591
of the record where recorded, and exact time the memorial was 4592
entered.4593

       (4) The lien shall continue in force so long as any portion 4594
of the amount of the lien remains unpaid. If the lien remains 4595
unpaid at the time of conveyance of the land on which the lien was 4596
placed, the conveyance may be set aside. Upon repayment in full 4597
of the moneys expended under this section, the chief promptly 4598
shall issue a certificate of release of the lien. Upon 4599
presentation of the certificate of release, the county recorder of 4600
the county in which the lien is recorded shall record the lien as 4601
having been discharged.4602

       (5) A lien imposed under this section shall be foreclosed 4603
upon the substantial failure of a landowner to pay any portion of 4604
the amount of the lien. Before foreclosing any lien under this 4605
section, the chief shall make a written demand upon the landowner 4606
for payment. If the landowner does not pay the amount due within 4607
sixty days, the chief shall refer the matter to the attorney 4608
general, who shall institute a civil action to foreclose the lien.4609

       (H)(1) The chief may fill voids, seal abandoned tunnels, 4610
shafts, and entryways, and reclaim surface impacts of underground 4611
or strip mines that the chief determines could endanger life and 4612
property, constitute a hazard to the public health and safety, or 4613
degrade the environment.4614

       (2) In those instances where mine waste piles are being4615
reworked for conservation purposes, the incremental costs of4616
disposing of the wastes from those operations by filling voids and 4617
sealing tunnels may be eligible for funding, provided that the 4618
disposal of these wastes meets the purposes of this section.4619

       (3) The chief may acquire by purchase, donation, easement, or 4620
otherwise such interest in land as the chief determines necessary 4621
to carry out division (H) of this section.4622

       (I) The chief shall report annually to the secretary of the4623
interior on operations under the fund and include recommendations 4624
as to its future uses.4625

       (J)(1) The chief may engage in any work and do all things4626
necessary or expedient, including the adoption of rules, to4627
implement and administer this section.4628

       (2) The chief may engage in cooperative projects under this 4629
section with any agency of the United States, any other state, or 4630
their governmental agencies or with any state university or4631
college as defined in section 3345.27 of the Revised Code. The 4632
cooperative projects are not subject to division (B) of section 4633
127.16 of the Revised Code.4634

       (3) The chief may request the attorney general to initiate in 4635
any court of competent jurisdiction an action in equity for an4636
injunction to restrain any interference with the exercise of the4637
right to enter or to conduct any work provided in this section,4638
which remedy is in addition to any other remedy available under4639
this section.4640

       (4) The chief may construct or operate a plant or plants for 4641
the control and treatment of water pollution resulting from mine 4642
drainage. The extent of this control and treatment may be4643
dependent upon the ultimate use of the water. Division (J)(4) of4644
this section does not repeal or supersede any portion of the4645
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 334646
U.S.C.A. 1151, as amended, and no control or treatment under4647
division (J)(4) of this section, in any way, shall be less than4648
that required by that act. The construction of a plant or plants4649
may include major interceptors and other facilities appurtenant to 4650
the plant.4651

       (5) The chief may transfer money from the abandoned mine 4652
reclamation fund and the acid mine drainage abatement and 4653
treatment fund to other appropriate state agencies or to state 4654
universities or colleges in order to carry out the reclamation4655
activities authorized by this section.4656

       (K) The chief may contract for any part of work to be4657
performed under this section, with or without advertising for4658
bids, if the chief determines that a condition exists that could4659
reasonably be expected to cause substantial physical harm to4660
persons, property, or the environment and to which persons or4661
improvements on real property are currently exposed.4662

       The chief shall require every contractor performing4663
reclamation work under this section to pay its workers at the4664
greater of their regular rate of pay, as established by contract,4665
agreement, or prior custom or practice, or the average wage rate4666
paid in this state for the same or similar work as determined by4667
the chief under section 1513.02 of the Revised Code.4668

       (L)(1) The chief may contract for the emergency restoration, 4669
reclamation, abatement, control, or prevention of adverse effects 4670
of mining practices on eligible lands if the chief determines that 4671
an emergency exists constituting a danger to the public health, 4672
safety, or welfare and that no other person or agency will act 4673
expeditiously to restore, reclaim, abate, control, or prevent 4674
those adverse effects. The chief may enter into a contract for 4675
emergency work under division (L) of this section without 4676
advertising for bids. Any such contract or any purchase of 4677
materials for emergency work under division (L) of this section is 4678
not subject to division (B) of section 127.16 of the Revised Code.4679

       (2) The chief or the chief's agents, employees, or4680
contractors may enter on any land where such an emergency exists, 4681
and on other land in order to have access to that land, in order 4682
to restore, reclaim, abate, control, or prevent the adverse 4683
effects of mining practices and to do all things necessary or4684
expedient to protect the public health, safety, or welfare. Such 4685
an entry shall be construed as an exercise of the police power and 4686
shall not be construed as an act of condemnation of property or of 4687
trespass. The moneys expended for the work and the benefits 4688
accruing to any premises so entered upon shall be chargeable 4689
against the land and shall mitigate or offset any claim in or any 4690
action brought by any owner of any interest in the premises for4691
any alleged damages by virtue of the entry. This provision is not 4692
intended to create new rights of action or eliminate existing 4693
immunities.4694

       Sec. 1513.371. There is hereby created in the state treasury 4695
the mined land set aside fund consisting of grants made by the 4696
United States secretary of the interior from the federal abandoned 4697
mine reclamation fund pursuant to section 402 of the "Surface 4698
Mining Control and Reclamation Act of 1977," 91 Stat. 445, 30 4699
U.S.C. 1232. The chief of the division of mineral resources 4700
management shall administer the fund. Money in the fund shall be 4701
used solely for the purposes specified in divisions (B)(1) to (4) 4702
of section 1513.37 of the Revised Code. All investment earnings of 4703
the fund shall be credited to the fund.4704

       Sec. 1514.01.  As used in this chapter:4705

       (A) "Surface mining" means all or any part of a process4706
followed in the production of minerals from the earth or from the4707
surface of the land by surface excavation methods, such as open4708
pit mining, dredging, placering, or quarrying, and includes the4709
removal of overburden for the purpose of determining the location,4710
quantity, or quality of mineral deposits, and the incidental4711
removal of coal at a rate less than one-sixth the total weight of4712
minerals and coal removed during the year, but does not include:4713
test or exploration boring; mining operations carried out beneath4714
the surface by means of shafts, tunnels, or similar mine openings;4715
the extraction of minerals, other than coal, by a landowner for 4716
the landowner's own noncommercial use where such material is4717
extracted and used in an unprocessed form on the same tract of4718
land; the extraction of minerals, other than coal, from borrow4719
pits for highway construction purposes, provided that the4720
extraction is performed under a bond, a contract, and4721
specifications that substantially provide for and require4722
reclamation practices consistent with the requirements of this4723
chapter; the removal of minerals incidental to construction work,4724
provided that the owner or person having control of the land upon4725
which the construction occurs, the contractor, or the construction4726
firm possesses a valid building permit; the removal of minerals to 4727
a depth of not more than five feet, measured from the highest4728
original surface elevation of the area to be excavated, where not4729
more than one acre of land is excavated during twelve successive4730
calendar months; routine dredging of a watercourse for purely4731
navigational or flood control purposes during which materials are4732
removed for noncommercial purposes; or the extraction or movement4733
of soil or minerals within a solid waste facility, as defined in4734
section 3734.01 of the Revised Code, that is a sanitary landfill4735
when the soil or minerals are used exclusively for the4736
construction, operation, closure, and post-closure care of the4737
facility or for maintenance activities at the facility.4738

       (B) "Minerals" means sand, gravel, clay, shale, gypsum,4739
halite, limestone, dolomite, sandstone, other stone, metalliferous4740
or nonmetalliferous ore, or other material or substance of4741
commercial value excavated in a solid state from natural deposits4742
on or in the earth, but does not include coal or peat.4743

       (C) "Overburden" means all of the earth and other materials4744
that cover a natural deposit of minerals and also means such earth4745
and other materials after removal from their natural state in the4746
process of surface mining.4747

       (D) "Spoil bank" means a pile of removed overburden.4748

       (E) "Area of land affected" means the area of land that has4749
been excavated, or upon which a spoil bank exists, or both.4750

       (F)(1) "Operation" or "surface mining operation" means all of4751
the premises, facilities, and equipment used in the process of4752
removing minerals, or minerals and incidental coal, by surface4753
mining from a mining area in the creation of which mining area4754
overburden or minerals, or minerals and incidental coal, are4755
disturbed or removed, such surface mining area being located upon4756
a single tract of land or upon two or more contiguous tracts of4757
land. Separation by a stream or roadway shall not preclude the4758
tracts from being considered contiguous.4759

       (2) When the context indicates, "operation" or "in-stream4760
mining operation" means all of the premises, facilities, and4761
equipment used in the process of removing minerals by in-stream4762
mining from a mining area.4763

       (G) "Operator" means any person engaged in surface mining who 4764
removes minerals, or minerals and incidental coal, from the earth 4765
by surface mining or who removes overburden for the purpose of 4766
determining the location, quality, or quantity of a mineral4767
deposit. "Operator" also means any person engaged in in-stream4768
mining who removes minerals from the bottom of the channel of a4769
watercourse by in-stream mining.4770

       (H) "Performance bond" means the surety bond required to be4771
filed under section 1514.04 of the Revised Code and includes cash,4772
an irrevocable letter of credit, and negotiable certificates of4773
deposit authorized to be deposited in lieu of the surety bond4774
under that section.4775

       (I) "Dewatering" means the withdrawal of ground water from an4776
aquifer or saturated zone that may result in the lowering of the4777
water level within the aquifer or saturated zone or a decline of4778
the potentiometric surface within that aquifer or saturated zone.4779

       (J) "Ground water" means all water occurring in an aquifer.4780

       (K) "Cone of depression" means a depression or low point in4781
the water table or potentiometric surface of a body of ground4782
water that develops around a location from which ground water is4783
being withdrawn.4784

       (L) "High water mark" means the line on the shore that is4785
established by the fluctuations of water and indicated by physical4786
characteristics such as a natural line impressed on the bank;4787
shelving; changes in the character of soil; destruction of4788
terrestrial vegetation; the presence of litter and debris; or4789
other appropriate means that consider the characteristics of the4790
surrounding area.4791

       (M) "In-stream mining" means all or any part of a process4792
followed in the production of minerals from the bottom of the4793
channel of a watercourse that drains a surface area of more than4794
one hundred square miles. "In-stream mining" may be accomplished4795
by using any technique or by using surface excavation methods,4796
such as open pit mining, dredging, placering, or quarrying, and4797
includes the removal of overburden for the purpose of determining4798
the location, quantity, or quality of mineral deposits. "In-stream4799
mining" does not include either of the following:4800

       (1) Routine dredging for purely navigational or flood control 4801
purposes during which materials are removed for noncommercial 4802
purposes;4803

       (2) The extraction of minerals, other than coal, by a4804
landowner for the landowner's own noncommercial use when the4805
material is extracted and used in an unprocessed form on the same4806
tract of land.4807

       For purposes of division (M) of this section, the number of4808
square miles of surface area that a watercourse drains shall be4809
determined by consulting the "gazetteer of Ohio streams," which is4810
a portion of the Ohio water plan inventory published in 1960 by4811
the division of water in the department of natural resources, or4812
its successor, if any.4813

       (N) In provisions concerning in-stream mining, when the4814
context is appropriate, "land" is deemed to include an area of a4815
watercourse.4816

       (O) "Watercourse" means any naturally occurring perennial or4817
intermittent stream, river, or creek flowing within a defined4818
stream bed and banks.4819

       (P) "Certified mine foreperson" means the person whom the 4820
operator of a surface mining operation places in charge of the 4821
conditions and practices at the mine, who is responsible for 4822
conducting workplace examinations under 30 C.F.R. part 56, as 4823
amended, and who has passed an examination for the position 4824
administered by the division of mineral resources management.4825

       Sec. 1514.011. The division of mineral resources management 4826
has authority over all surface mining operations located in the 4827
state and shall exercise that authority as provided in this 4828
chapter.4829


       Sec. 1514.03.  Within thirty days after each anniversary date4831
of issuance of a surface or in-stream mining permit, the operator4832
shall file with the chief of the division of mineral resources4833
management an annual report, on a form prescribed and furnished by4834
the chief, that, for the period covered by the report, shall state4835
the amount of and identify the types of minerals and coal, if any4836
coal, produced and shall state the number of acres affected and4837
the number of acres estimated to be affected during the next year4838
of operation. An annual report is not required to be filed if a4839
final report is filed in lieu thereof.4840

       Each annual report for a surface mining operation shall4841
include a progress map indicating the location of areas of land4842
affected during the period of the report and the location of the4843
area of land estimated to be affected during the next year. The4844
map shall be prepared in accordance with division (A)(11) or (12)4845
of section 1514.02 of the Revised Code, as appropriate, except4846
that a map prepared in accordance with division (A)(12) of that4847
section may be certified by the operator or authorized agent of4848
the operator in lieu of certification by a professional engineer4849
or surveyor registered under Chapter 4733. of the Revised Code.4850
However, the chief may require that an annual progress map or a4851
final map be prepared by a registered professional engineer or4852
registered surveyor if the chief has reason to believe that the4853
operator exceeded the boundaries of the permit area or, if the4854
operator filed the map required under division (A)(11) of section4855
1514.02 of the Revised Code, that the operator extracted ten4856
thousand tons or more of minerals during the period covered by the4857
report.4858

       Each annual report for an in-stream mining operation shall4859
include a statement of the total tonnage removed by in-stream4860
mining for each month and of the surface acreage and depth of4861
material removed by in-stream mining and shall include a map that4862
identifies the area affected by the in-stream mining, soundings4863
that depict the cross-sectional views of the channel bottom of the4864
watercourse, and water elevations for the watercourse.4865

       Each annual report shall be accompanied by a filing fee in4866
the amount of five hundred dollars, except in the case of an4867
annual report filed by a small operator or an in-stream mining4868
operator. A small operator, which is a surface mine operator who4869
intends to extract fewer than ten thousand tons of minerals and no4870
coal during the next year of operation under the permit, or an4871
in-stream mining operator shall include a filing fee in the amount4872
of two hundred fifty dollars with each annual report. The annual4873
report of any operator also shall be accompanied by an acreage fee4874
in the amount of seventy-five dollars multiplied by the number of4875
acres estimated in the report to be affected during the next year4876
of operation under the permit. The acreage fee shall be adjusted4877
by subtracting a credit of seventy-five dollars per excess acre4878
paid for the preceding year if the acreage paid for the preceding4879
year exceeds the acreage actually affected or by adding an4880
additional amount of seventy-five dollars per excess acre affected4881
if the acreage actually affected exceeds the acreage paid for the4882
preceding year.4883

       With each annual report the operator shall file a performance4884
bond in the amount, unless otherwise provided by rule, of one4885
thousandfive hundred dollars multiplied by the number of acres4886
estimated to be affected during the next year of operation under4887
the permit for which no performance bond previously was filed. 4888
Unless otherwise provided by rule, the bond shall be adjusted by4889
subtracting a credit of one thousandfive hundred dollars per4890
excess acre for which bond was filed for the preceding year if the4891
acreage for which the bond was filed for the preceding year4892
exceeds the acreage actually affected, or by adding an amount of 4893
one thousandfive hundred dollars per excess acre affected if the4894
acreage actually affected exceeds the acreage for which bond was4895
filed for the preceding year.4896

       Within thirty days after the expiration of the surface or4897
in-stream mining permit, or completion or abandonment of the4898
operation, whichever occurs earlier, the operator shall submit a4899
final report containing the same information required in an annual4900
report, but covering the time from the last annual report to the4901
expiration of the permit, or completion or abandonment of the4902
operation, whichever occurs earlier.4903

       Each final report shall include a map indicating the location4904
of the area of land affected during the period of the report and4905
the location of the total area of land affected under the permit.4906
The map shall be prepared in accordance with division (A)(11) or4907
(12) of section 1514.02 of the Revised Code, as appropriate.4908

       In the case of a final report for an in-stream mining4909
operation, the map also shall include the information required4910
under division (A)(18) of section 1514.02 of the Revised Code.4911

       If the final report and certified map, as verified by the4912
chief, show that the number of acres affected under the permit is4913
larger than the number of acres for which the operator has paid an4914
acreage fee or filed a performance bond, upon notification by the4915
chief, the operator shall pay an additional acreage fee in the4916
amount of seventy-five dollars multiplied by the difference4917
between the number of acres affected under the permit and the4918
number of acres for which the operator has paid an acreage fee and4919
shall file an additional performance bond in the amount, unless4920
otherwise provided by rule, of one thousandfive hundred dollars4921
multiplied by the difference between the number of acres affected4922
under the permit and the number of acres for which the operator4923
has filed bond.4924

       If the final report and certified map, as verified by the4925
chief, show that the number of acres affected under the permit is4926
smaller than the number of acres for which the operator has filed4927
a performance bond, the chief shall order release of the excess4928
bond. However, the chief shall retain a performance bond in a4929
minimum amount of ten thousand dollars irrespective of the number4930
of acres affected under the permit. The release of the excess bond 4931
shall be in an amount, unless otherwise provided by rule, equal to 4932
one thousandfive hundred dollars multiplied by the difference4933
between the number of acres affected under the permit and the4934
number of acres for which the operator has filed bond.4935

       The fees collected pursuant to this section and section4936
1514.02 of the Revised Code shall be deposited with the treasurer4937
of state to the credit of the surface mining fund created under4938
section 1514.06 of the Revised Code.4939

       If upon inspection the chief finds that any filing fee,4940
acreage fee, performance bond, or part thereof is not paid when4941
due or is paid on the basis of false or substantially inaccurate4942
reports, the chief may request the attorney general to recover the4943
unpaid amounts that are due the state, and the attorney general4944
shall commence appropriate legal proceedings to recover the unpaid4945
amounts.4946

       Sec. 1514.04. (A) Upon receipt of notification from the 4947
chief of the division of mineral resources management of the 4948
chief's intent to issue an order granting a surface or in-stream 4949
mining permit to the applicant, the applicant shall file a surety 4950
bond, cash, an irrevocable letter of credit, or certificates of 4951
deposit in the amount, unless otherwise provided by rule, of ten 4952
thousand dollars plus one thousand. If the amount of land to be 4953
affected is more than twenty acres, the applicant also shall file 4954
a surety bond, cash, an irrevocable letter of credit, or 4955
certificates of deposit in the amount of five hundred dollars per4956
acre of land to be affected that exceeds twenty acres. Upon 4957
receipt of notification from the chief of the chief's intent to 4958
issue an order granting an amendment to a surface or in-stream4959
mining permit, the applicant shall file a surety bond, cash, an4960
irrevocable letter of credit, or certificates of deposit in the4961
amount, unless otherwise provided by rule, of one thousand dollars 4962
per acre of land to be affectedrequired in this division.4963

       In the case of a surface mining permit, the bond shall be4964
filed forbased on the number of acres estimated to be affected 4965
during the first year of operation under the permit. In the case 4966
of an amendment to a surface mining permit, the bond shall be 4967
filed forbased on the number of acres estimated to be affected 4968
during the balance of the period until the next anniversary date 4969
of the permit.4970

       In the case of an in-stream mining permit, the bond shall be4971
filed forbased on the number of acres of land within the limits 4972
of the in-stream mining permit for the entire permit period. In 4973
the case of an amendment to an in-stream mining permit, the bond 4974
shall be filed forbased on the number of any additional acres of 4975
land to be affected within the limits of the in-stream mining 4976
permit.4977

       (B) A surety bond filed pursuant to this section and sections4978
1514.02 and 1514.03 of the Revised Code shall be upon the form4979
that the chief prescribes and provides and shall be signed by the4980
operator as principal and by a surety company authorized to4981
transact business in the state as surety. The bond shall be4982
payable to the state and shall be conditioned upon the faithful4983
performance by the operator of all things to be done and performed4984
by the operator as provided in this chapter and the rules and4985
orders of the chief adopted or issued pursuant thereto.4986

       The operator may deposit with the chief, in lieu of a surety4987
bond, cash in an amount equal to the surety bond as prescribed in4988
this section, an irrevocable letter of credit or negotiable4989
certificates of deposit issued by any bank organized or4990
transacting business in this state, or an irrevocable letter of4991
credit or certificates of deposit issued by any savings and loan4992
association as defined in section 1151.01 of the Revised Code,4993
having a cash value equal to or greater than the amount of the4994
surety bond as prescribed in this section. Cash or certificates of 4995
deposit shall be deposited upon the same terms as the terms upon 4996
which surety bonds may be deposited. If one or more certificates 4997
of deposit are deposited with the chief in lieu of a surety bond, 4998
the chief shall require the bank or savings and loan association 4999
that issued any such certificate to pledge securities of a cash 5000
value equal to the amount of the certificate, or certificates, 5001
that is in excess of the amount insured by the federal deposit 5002
insurance corporation. The securities shall be security for the 5003
repayment of the certificate of deposit.5004

       (C) Immediately upon a deposit of cash, a letter of credit, 5005
or certificates with the chief, the chief shall deliver it to the5006
treasurer of state who shall hold it in trust for the purposes for5007
which it has been deposited. The treasurer of state shall be5008
responsible for the safekeeping of such deposits. An operator5009
making a deposit of cash, a letter of credit, or certificates of5010
deposit may withdraw and receive from the treasurer of state, on5011
the written order of the chief, all or any part of the cash,5012
letter of credit, or certificates in the possession of the5013
treasurer of state, upon depositing with the treasurer of state5014
cash, an irrevocable letter of credit, or negotiable certificates5015
of deposit issued by any bank organized or transacting business in5016
this state, or an irrevocable letter of credit or certificates of5017
deposit issued by any savings and loan association, equal in value5018
to the value of the cash, letter of credit, or certificates5019
withdrawn. An operator may demand and receive from the treasurer5020
of state all interest or other income from any certificates as it5021
becomes due. If certificates deposited with and in the possession5022
of the treasurer of state mature or are called for payment by the5023
issuer thereof, the treasurer of state, at the request of the5024
operator who deposited them, shall convert the proceeds of the5025
redemption or payment of the certificates into such other5026
negotiable certificates of deposit issued by any bank organized or5027
transacting business in this state, such other certificates of5028
deposit issued by any savings and loan association, or cash, as5029
may be designated by the operator.5030

       (D) A governmental agency, as defined in division (A) of 5031
section 1514.022 of the Revised Code, or a board or commission 5032
that derives its authority from a governmental agency shall not 5033
require a surface or in-stream mining operator to file a surety 5034
bond or any other form of financial assurance for the reclamation 5035
of land to be affected by a surface or in-stream mining operation5036
authorized under this chapter.5037

       Sec. 1514.05.  (A) At any time within the period allowed an5038
operator by section 1514.02 of the Revised Code to reclaim an area5039
of land affected by surface or in-stream mining, the operator may5040
file a request, on a form provided by the chief of the division of5041
mineral resources management, for inspection of the area of land5042
upon which a phase of the reclamation, other than any required 5043
planting, is completed. For purposes of inspections and subsequent 5044
releases of performance bonds or cash, irrevocable letters of 5045
credit, or certificates of deposit deposited in lieu of bonds 5046
under this section, reclamation shall be considered to occur in 5047
two phases. The first phase involves grading, contouring,5048
terracing, resoiling, and initial planting. The second phase5049
involves the establishment of vegetative cover together with the5050
maintenance and the completion of all reclamation required under5051
this chapter or rules adopted under it.The5052

       A request for inspection at the completion of a phase of5053
reclamation shall include all of the following:5054

       (1) The location of the area and number of acres;5055

       (2) The permit number;5056

       (3) The amount of performance bond on deposit at the time of5057
the request to ensure reclamation of the area;5058

       (4) A map showing the location of the acres reclaimed,5059
prepared and certified in accordance with division (A)(11) or (12)5060
of section 1514.02 of the Revised Code, as appropriate. In the5061
case of an in-stream mining operation, the map also shall include5062
the information required under division (A)(18) of section 1514.025063
of the Revised Code.5064

       In addition, a request for inspection of the second phase of5065
reclamation shall include a description of the type and date of5066
any required planting and a statement regarding the degree of5067
success of the growth.5068

       (B) The chief shall make an inspection and evaluation of the5069
reclamation of the area of land for which athe request was5070
submitted within ninety days after receipt of the request or, if5071
the operator fails to complete the reclamation or file the request5072
as required, as soon as the chief learns of the default.5073
Thereupon, if the chief approves the first phase of the5074
reclamation, other than any required planting, as meeting the5075
requirements of this chapter, rules adopted thereunder, any orders5076
issued during the mining or reclamation, and the specifications of5077
the plan for mining and reclaiming, the chief shall issue an order5078
to the operator and the operator's surety releasing them from5079
liability for the applicable percentage specified in this division5080
one-half of the total amount of their surety bond on deposit to5081
ensure reclamation for the area upon which reclamation is5082
completed. If the chief approves the second phase of the5083
reclamation, the chief shall order release of the remaining5084
performance bond, after completing the inspection and evaluation,5085
in the same manner as in the case of approval of the first phase5086
of reclamation, and the treasurer of state shall proceed as in5087
that case.5088

       On approval of the first phase of reclamation, the chief5089
shall release seventy-five per cent of the amount of the surety5090
bond on deposit. On approval of the second phase of reclamation,5091
the chief shall release the remaining amount of the surety bond5092
that originally was on deposit.5093

       If the operator has deposited cash, an irrevocable letter of5094
credit, or certificates of deposit in lieu of a surety bond to5095
ensure reclamation, the chief shall issue an order to the operator5096
releasing one-half of the amount so held in the same manner and in 5097
the same percentages that apply to the release of a surety bond5098
and promptly shall transmit a certified copy of the order to the5099
treasurer of state. Upon presentation of the order to the5100
treasurer of state by the operator to whom it was issued, or by5101
the operator's authorized agent, the treasurer of state shall5102
deliver to the operator or the operator's authorized agent the5103
cash, irrevocable letter of credit, or certificates of deposit5104
designated in the order.5105

       (C) If the chief does not approve a phase of the reclamation, 5106
other than any required planting, the chief shall notify the5107
operator by certified mail. The notice shall be an order stating5108
the reasons for unacceptability, ordering further actions to be5109
taken, and setting a time limit for compliance. If the operator5110
does not comply with the order within the time limit specified,5111
the chief may order an extension of time for compliance after5112
determining that the operator's noncompliance is for good cause,5113
resulting from developments partially or wholly beyond the5114
operator's control. If the operator complies within the time limit5115
or the extension of time granted for compliance, the chief shall5116
order release of the performance bond in the same manner as in the5117
case of approval of reclamation, other than any required planting,5118
by the chief, and the treasurer of state shall proceed as in that 5119
case. If the operator does not comply within the time limit and 5120
the chief does not order an extension, or if the chief orders an 5121
extension of time and the operator does not comply within the 5122
extension of time granted for compliance, the chief shall issue 5123
another order declaring that the operator has failed to reclaim 5124
and, if the operator's permit has not already expired or been 5125
revoked, revoking the operator's permit. The chief shall thereupon 5126
proceed under division (D)(C) of this section.5127

       (D)(B) At any time within the period allowed an operator by 5128
section 1514.02 of the Revised Code to reclaim an area affected by 5129
surface mining, the operator may file a request, on a form 5130
provided by the chief, for inspection of the area of land on which 5131
all reclamation, including the successful establishment of any 5132
required planting, is completed. The request shall include all of 5133
the following:5134

       (1) The location of the area and number of acres;5135

       (2) The permit number;5136

       (3) The type and date of any required planting of vegetative 5137
cover and the degree of success of growth;5138

       (4) A map showing the location of the acres reclaimed, 5139
prepared and certified in accordance with division (A)(11) or (12) 5140
of section 1514.02 of the Revised Code, as appropriate. In the 5141
case of an in-stream mining operation, the map also shall include 5142
the information required under division (A)(18) of section 1514.02 5143
of the Revised Code.5144

       The chief shall make an inspection and evaluation of the 5145
reclamation of the area of land for which the request was 5146
submitted within ninety days after receipt of the request or, if 5147
the operator fails to complete the reclamation or file the request 5148
as required, as soon as the chief learns of the default. 5149
Thereupon, if the chief finds that the reclamation meets the 5150
requirements of this chapter, rules adopted under it, any orders 5151
issued during the mining and reclamation, and the specifications 5152
of the plan for mining and reclaiming and decides to release any 5153
remaining performance bond on deposit to ensure reclamation of the 5154
area on which reclamation is completed, within ten days of 5155
completing the inspection and evaluation, the chief shall order 5156
release of the remaining performance bond in the same manner as in 5157
the case of approval of reclamation other than required planting, 5158
and the treasurer of state shall proceed as in that case.5159

       If the chief does not approve the reclamation performed by 5160
the operator, the chief shall notify the operator by certified 5161
mail within ninety days of the filing of the application for 5162
inspection or of the date when the chief learns of the default. 5163
The notice shall be an order stating the reasons for 5164
unacceptability, ordering further actions to be taken, and setting 5165
a time limit for compliance. If the operator does not comply with 5166
the order within the time limit specified, the chief may order an 5167
extension of time for compliance after determining that the 5168
operator's noncompliance is for good cause, resulting from 5169
developments partially or wholly beyond the operator's control. If 5170
the operator complies within the time limit or the extension of 5171
time granted for compliance, the chief shall order release of the 5172
remaining performance bond in the same manner as in the case of 5173
approval of reclamation by the chief, and the treasurer of state 5174
shall proceed as in that case. If the operator does not comply 5175
within the time limit and the chief does not order an extension, 5176
or if the chief orders an extension of time and the operator does 5177
not comply within the extension of time granted for compliance, 5178
the chief shall issue another order declaring that the operator 5179
has failed to reclaim and, if the operator's permit has not 5180
already expired or been revoked, revoking the operator's permit. 5181
The chief then shall proceed under division (C) of this section.5182

       (C) Upon issuing an order under division (C)(A) or (B) of5183
this section declaring that the operator has failed to reclaim,5184
the chief shall retain all or part of the performance bond on 5185
deposit for reclamation of the affected surface or in-stream mine 5186
site. Themake a finding as to the number and location of the 5187
acres of land that the operator has failed to reclaim in the 5188
manner required by this chapter. The chief shall order the release 5189
of the performance bond in the amount of five hundred dollars per 5190
acre for those acres that the chief finds to have been reclaimed 5191
in the manner required by this chapter. The release shall be 5192
ordered in the same manner as in the case of other approval of 5193
reclamation by the chief, and the treasurer of state shall proceed 5194
as in that case. If the operator has on deposit cash, an 5195
irrevocable letter of credit, or certificates of deposit to ensure 5196
reclamation of the area of the land affected, the chief at the5197
same time shall issue an order declaring that the remaining cash,5198
irrevocable letter of credit, or certificates of deposit, if any,5199
are the property of the state and are available for use by the 5200
chief in performing reclamation of the area and shall proceed in 5201
accordance with section 1514.06 of the Revised Code.5202

       If the operator has on deposit a surety bond to ensure5203
reclamation of the area of land affected, the chief shall notify5204
the surety in writing of the operator's default and shall request5205
the surety to perform the surety's obligation and that of the5206
operator. The surety, within ten days after receipt of the notice, 5207
shall notify the chief as to whether it intends to perform those 5208
obligations.5209

       If the surety chooses to perform, it shall arrange for work5210
to begin within thirty days of the day on which it notifies the5211
chief of its decision. If the surety completes the work as5212
required by this chapter, the chief shall issue an order to the5213
surety releasing the surety from liability under the bond in the5214
same manner as if the surety were an operator proceeding under5215
this section. If, after the surety begins the work, the chief5216
determines that the surety is not carrying the work forward with5217
reasonable progress, or that it is improperly performing the work,5218
or that it has abandoned the work or otherwise failed to perform5219
its obligation and that of the operator, the chief shall issue an5220
order terminating the right of the surety to perform the work and5221
demanding payment of the amount due as required by this chapter.5222

       If the surety chooses not to perform and so notifies the5223
chief, does not respond to the chief's notice within ten days of5224
receipt thereof, or fails to begin work within thirty days of the5225
day it timely notifies the chief of its decision to perform its5226
obligation and that of the operator, the chief shall issue an5227
order terminating the right of the surety to perform the work and5228
demanding payment of the amount due, as required by this chapter.5229

       Upon receipt of an order of the chief demanding payment of5230
the amount due, the surety immediately shall deposit with the5231
chief cash in the full amount due under the order for deposit with5232
the treasurer of state. If the surety fails to make an immediate5233
deposit, the chief shall certify it to the attorney general for5234
collection. When the chief has issued an order terminating the5235
right of the surety and has the cash on deposit, the cash is the5236
property of the state and is available for use by the chief, who5237
shall proceed in accordance with section 1514.06 of the Revised5238
Code.5239

       Sec. 1514.051. (A) If an operator or a partner or officer of 5240
the operator forfeits a performance bond, the division of mineral 5241
resources management shall have a priority lien in front of all 5242
other interested creditors against the assets of that operator for 5243
the amount that is needed to perform any reclamation that is 5244
required as a result of the operator's mining activities. The 5245
chief of the division of mineral resources management shall file a 5246
statement in the office of the county recorder of each county in 5247
which the mined land lies of the estimated costs to reclaim the 5248
land. Estimated costs shall include direct and indirect costs of 5249
the development, design, construction, management, and 5250
administration of the reclamation. The statement shall constitute 5251
a lien on the assets of the operator as of the date of the filing. 5252
The lien shall continue in force so long as any portion of the 5253
lien remains unpaid or until the chief issues a certificate of 5254
release of the lien. If the chief issues a certificate of release 5255
of the lien, the chief shall file a certificate of release in the 5256
office of each applicable county recorder.5257

       (B) The chief promptly shall issue a certificate of release 5258
under any of the following circumstances:5259

       (1) Upon the repayment in full of the money that is necessary 5260
to complete the reclamation;5261

       (2) Upon the transfer of an existing permit that includes the 5262
areas of the surface mine for which reclamation was not completed 5263
from the operator that forfeited the performance bond to a new 5264
operator;5265

       (3) Any other circumstance that the chief determines to be in 5266
the best interests of the state.5267

       (C) The chief may modify the amount of a lien under this 5268
section. If the chief modifies a lien, the chief shall file a 5269
statement in the office of the county recorder of each applicable 5270
county of the new amount of the lien.5271

       (D) The chief may authorize a closing agent to hold a 5272
certificate of release in escrow for a period not to exceed one 5273
hundred eighty days for the purpose of facilitating the transfer 5274
of unreclaimed mine land.5275

       (E) All money from the collection of liens under this section 5276
shall be deposited in the state treasury to the credit of the 5277
surface mining fund created in section 1514.06 of the Revised 5278
Code.5279

       Sec. 1514.06.  (A) There is hereby created in the state5280
treasury the surface mining fund. All cashconsisting of all money5281
that becomes the property of the state pursuant to section5282
sections 1514.05 and 1514.051 of the Revised Code shall be 5283
deposited in the fund, and expenditures, money credited to the 5284
fund under divisions (C)(1) and (2) of section 1514.071, and other 5285
money specified in section 1514.11 of the Revised Code. All 5286
investment earnings of the fund shall be credited to the fund. 5287
Expenditures from the fund shall be made by the chief of the 5288
division of mineral resources management only for the purpose of 5289
reclaiming areas of land affected by surface or in-stream mining 5290
operations on which anunder a permit issued under this chapter 5291
that the operator has defaultedfailed to reclaim and for other 5292
purposes specified in section 1514.11 of the Revised Code.5293

       (B) Expenditures of moneys from the fund, except as otherwise5294
provided by this section, shall be made pursuant to contracts5295
entered into by the chief with persons who agree to furnish all of 5296
the materials, equipment, work, and labor, as specified and5297
provided in the contracts, for the prices stipulated therein. 5298
With the approval of the director of natural resources, the chief 5299
may reclaim the land in the same manner as the chief required of5300
the operator who defaultedfailed to reclaim the land. Each 5301
contract awarded by the chief shall be awarded to the lowest 5302
responsive and responsible bidder, in accordance with section 5303
9.312 of the Revised Code, after sealed bids are received, opened, 5304
and published at the time and place fixed by the chief. The chief5305
shall publish notice of the time and place at which bids will be