Cosponsors:
Senators Wilson, Carey, Cafaro, Padgett, Schaffer, Seitz, Niehaus, Austria, Harris, Patton, Schuler
Representatives Aslanides, Batchelder, Bolon, Coley, Combs, Domenick, Dyer, Flowers, Gardner, Gibbs, Grady, Hite, Hughes, Mandel, McGregor, J., Mecklenborg, Nero, Sayre, Schlichter, Wachtmann
(2) All permits issued pursuant to this chapter shall be | 10 |
issued for a term not to exceed five years, except that, if the | 11 |
applicant demonstrates that a specified longer term is reasonably | 12 |
needed to allow the applicant to obtain necessary financing for | 13 |
equipment and the opening of the operation and if the application | 14 |
is full and complete for the specified longer term, the chief may | 15 |
grant a permit for the longer term. A successor in interest to a | 16 |
permittee who applies for a new permit within thirty days after | 17 |
succeeding to the interest and who is able to obtain the | 18 |
performance security of the original permittee may continue coal | 19 |
mining and
reclamation operations according to the approved mining | 20 |
and
reclamation plan of the original permittee until the | 21 |
successor's
application is granted or denied. | 22 |
(3) A permit shall terminate if the permittee has not | 23 |
commenced the coal mining operations covered by the permit within | 24 |
three years after the issuance of the permit, except that the | 25 |
chief may grant reasonable extensions of the time upon a showing | 26 |
that the extensions are necessary by reason of litigation | 27 |
precluding the commencement or threatening substantial economic | 28 |
loss to the permittee or by reason of conditions beyond the | 29 |
control and without the fault or negligence of the permittee, and | 30 |
except that with respect to coal to be mined for use in a | 31 |
synthetic fuel facility or specified major electric generating | 32 |
facility, the permittee shall be deemed to have commenced coal | 33 |
mining operations at the time construction of the synthetic fuel | 34 |
or generating facility is initiated. | 35 |
(4)(a) Any permit issued pursuant to this chapter shall
carry | 36 |
with it the right of successive renewal upon expiration
with | 37 |
respect to areas within the boundaries of the permit. The
holders | 38 |
of the permit may apply for renewal and the renewal shall
be | 39 |
issued unless the chief determines by written findings,
subsequent | 40 |
to fulfillment of the public notice requirements of
this section | 41 |
and section 1513.071 of the Revised Code through
demonstrations by | 42 |
opponents of renewal or otherwise, that one or
more of the | 43 |
following circumstances exists: | 44 |
(d) If the applicant is a partnership, corporation, | 95 |
association, or other business entity, the following where | 96 |
applicable: the names and addresses of every officer, partner, | 97 |
director, or person performing a function similar to a director, | 98 |
of the applicant, the name and address of any person owning, of | 99 |
record, ten per cent or more of any class of voting stock of the | 100 |
applicant, a list of all names under which the applicant,
partner, | 101 |
or principal shareholder previously operated a coal
mining | 102 |
operation within the United States within the five-year
period | 103 |
preceding the date of submission of the application, and a
list of | 104 |
the person or persons primarily responsible for ensuring
that the | 105 |
applicant complies with the requirements of this chapter
and rules | 106 |
adopted pursuant thereto while mining and reclaiming
under the | 107 |
permit; | 108 |
(e) A statement of whether the applicant, any subsidiary, | 109 |
affiliate, or persons controlled by or under common control with | 110 |
the applicant, any partner if the applicant is a partnership, any | 111 |
officer, principal shareholder, or director if the applicant is a | 112 |
corporation, or any other person who has a right to control or in | 113 |
fact controls the management of the applicant or the selection of | 114 |
officers, directors, or managers of the applicant: | 115 |
(ii) Has been an officer, partner, director, principal | 122 |
shareholder, or person having the right to control or has in fact | 123 |
controlled the management of or the selection of officers, | 124 |
directors, or managers of a business entity that has had a coal | 125 |
mining or surface mining permit that in the five-year period
prior | 126 |
to the date of submission of the application has been
suspended or | 127 |
revoked or has had a coal mining or surface mining
bond, | 128 |
performance security, or similar security deposited in lieu of | 129 |
bond forfeited and,
if so, a brief explanation of the facts | 130 |
involved. | 131 |
(f) A copy of the applicant's advertisement to be
published | 132 |
in a newspaper of general circulation in the locality
of the | 133 |
proposed site at least once a week for four successive
weeks, | 134 |
which shall include the ownership of the proposed mine, a | 135 |
description of the exact location and boundaries of the proposed | 136 |
site sufficient to make the proposed operation readily | 137 |
identifiable by local residents, and the location where the | 138 |
application is available for public inspection; | 139 |
(i) An accurate map or plan, to an appropriate scale,
clearly | 146 |
showing the land to be affected and the land upon which the | 147 |
applicant
has the legal right to enter and commence coal mining | 148 |
operations, copies of those documents upon which is based the | 149 |
applicant's
legal right to enter and
commence coal mining | 150 |
operations, and a statement whether that right is the subject of | 151 |
pending litigation. This chapter does not authorize the chief to | 152 |
adjudicate property title disputes. | 153 |
(k) A determination of the probable hydrologic
consequences | 157 |
of the mining and reclamation operations, both on
and off the mine | 158 |
site, with respect to the hydrologic regime,
providing information | 159 |
on the quantity and quality of water in
surface and ground water | 160 |
systems including the dissolved and
suspended solids under | 161 |
seasonal flow conditions and the
collection of sufficient data for | 162 |
the mine site and surrounding
areas so that an assessment can be | 163 |
made by the chief of the
probable cumulative impacts of all | 164 |
anticipated mining in the area
upon the hydrology of the area and | 165 |
particularly upon water
availability, but this determination shall | 166 |
not be required until
hydrologic information of the general area | 167 |
prior to mining is
made available from an appropriate federal or | 168 |
state agency;
however, the permit shall not be approved until the | 169 |
information
is available and is incorporated into the application; | 170 |
(m) Accurate maps prepared by or under the direction of
and | 176 |
certified by a qualified registered professional engineer, | 177 |
registered surveyor, or licensed landscape architect to an | 178 |
appropriate scale clearly showing all types of information set | 179 |
forth on topographical maps of the United States geological
survey | 180 |
of a scale of not more than four hundred feet to the inch, | 181 |
including all artificial features and significant known | 182 |
archeological sites. The map, among other things specified
by the | 183 |
chief, shall show all boundaries of the land to be affected, the | 184 |
boundary lines and names of present owners of record of all | 185 |
surface areas abutting the permit area, and the location of all | 186 |
buildings within one thousand feet of the permit area. | 187 |
(n)(i) Cross-section maps or plans of the land to be
affected | 188 |
including the actual area to be mined, prepared by or
under the | 189 |
direction of and certified by a qualified registered
professional | 190 |
engineer or certified professional geologist with
assistance from | 191 |
experts in related fields such as hydrology,
hydrogeology, | 192 |
geology, and landscape architecture, showing
pertinent elevations | 193 |
and locations of test borings or core
samplings and depicting the | 194 |
following information: the nature
and depth of the various strata | 195 |
of overburden; the nature and
thickness of any coal or rider seam | 196 |
above the coal seam to be
mined; the nature of the stratum | 197 |
immediately beneath the coal
seam to be mined; all mineral crop | 198 |
lines and the strike and dip
of the coal to be mined within the | 199 |
area to be affected; existing
or previous coal mining limits; the | 200 |
location and extent of known
workings of any underground mines, | 201 |
including mine openings to the
surface; the location of spoil, | 202 |
waste, or refuse areas and
topsoil preservation areas; the | 203 |
location of all impoundments for
waste or erosion control; any | 204 |
settling or water treatment
facility; constructed or natural | 205 |
drainways and the location of
any discharges to any surface body | 206 |
of water on the land to be
affected or adjacent thereto; profiles | 207 |
at appropriate cross
sections of the anticipated final surface | 208 |
configuration that will
be achieved pursuant to the operator's | 209 |
proposed reclamation plan;
the location of subsurface water, if | 210 |
encountered; the location
and quality of aquifers; and the | 211 |
estimated elevation of the water
table. Registered surveyors shall | 212 |
be allowed to perform all
plans, maps, and certifications under | 213 |
this chapter as they are
authorized under Chapter 4733. of the | 214 |
Revised Code. | 215 |
(o) A statement of the results of test borings or core | 220 |
samplings from the permit area, including logs of the drill
holes, | 221 |
the thickness of the coal seam found, an analysis of the
chemical | 222 |
properties of the coal, the sulfur content of any coal
seam, | 223 |
chemical analysis of potentially acid or toxic forming
sections of | 224 |
the overburden, and chemical analysis of the stratum
lying | 225 |
immediately underneath the coal to be mined, except that
this | 226 |
division may be waived by the chief with respect to the
specific | 227 |
application by a written determination that its
requirements are | 228 |
unnecessary. If the test borings or core samplings from the permit | 229 |
area indicate the existence of potentially acid forming or toxic | 230 |
forming quantities of sulfur in the coal or overburden to be | 231 |
disturbed by mining, the application also shall include a | 232 |
statement of the acid generating potential and the acid | 233 |
neutralizing potential of the rock strata to be disturbed as | 234 |
calculated in accordance with the calculation method established | 235 |
under section 1513.075 of the Revised Code or with another | 236 |
calculation method. | 237 |
(q) A certificate issued by an insurance company
authorized | 244 |
to do business in this state certifying that the
applicant has a | 245 |
public liability insurance policy in force for
the coal mining and | 246 |
reclamation operations for which the permit
is sought or evidence | 247 |
that the applicant has satisfied other
state self-insurance | 248 |
requirements. The policy shall provide for
personal injury and | 249 |
property damage protection in an amount
adequate to compensate any | 250 |
persons damaged as a result of coal
mining and reclamation | 251 |
operations, including the use of
explosives, and entitled to | 252 |
compensation under the applicable
provisions of state law. The | 253 |
policy shall be maintained in
effect during the term of the permit | 254 |
or any renewal, including
the length of all reclamation | 255 |
operations. The insurance company
shall give prompt notice to the | 256 |
permittee and the chief if the public
liability insurance policy | 257 |
lapses for any reason including the
nonpayment of insurance | 258 |
premiums. Upon the lapse of the policy,
the chief may suspend the | 259 |
permit and all other outstanding
permits until proper insurance | 260 |
coverage is obtained. | 261 |
(s) If the applicant seeks an authorization under division | 263 |
(E)(7) of this section to conduct coal mining and reclamation | 264 |
operations on areas to be covered by the permit that were
affected | 265 |
by coal mining operations before August 3, 1977, that
have | 266 |
resulted in continuing water pollution from or on the
previously | 267 |
mined areas, such additional information pertaining to
those | 268 |
previously mined areas as may be required by the chief,
including, | 269 |
without limitation, maps, plans, cross sections, data
necessary to | 270 |
determine existing water quality from or on those
areas with | 271 |
respect to pH, iron, and manganese, and a pollution
abatement plan | 272 |
that may improve water quality from or on those
areas with respect | 273 |
to pH, iron, and manganese. | 274 |
(2) Information pertaining to coal seams, test borings,
core | 275 |
samplings, or soil samples as required by this section shall
be | 276 |
made available by the chief to any person with an interest
that is | 277 |
or may be adversely affected, except that information
that | 278 |
pertains only to the analysis of the chemical and physical | 279 |
properties of the coal, excluding information regarding mineral
or | 280 |
elemental content that is potentially toxic in the
environment, | 281 |
shall be kept confidential and not made a matter of
public record. | 282 |
(3)(a) If the chief finds that the probable total annual | 283 |
production at all locations of any operator will not exceed three | 284 |
hundred thousand tons, the
following activities, upon the
written | 285 |
request of the operator in connection with a permit application, | 286 |
shall
be performed by a qualified
public or private laboratory or | 287 |
another public or private qualified entity
designated by the | 288 |
chief, and the cost of the activities shall be assumed by
the | 289 |
chief, provided that sufficient moneys for such assistance are | 290 |
available: | 291 |
(3) The use that is proposed to be made of the land
following | 352 |
reclamation, including information regarding the
utility and | 353 |
capacity of the reclaimed land to support a variety
of alternative | 354 |
uses, the relationship of the proposed use to
existing land use | 355 |
policies and plans, and the comments of any
owner of the land and | 356 |
state and local governments or agencies
thereof that would have to | 357 |
initiate, implement, approve, or
authorize the proposed use of the | 358 |
land following reclamation; | 359 |
(5) The engineering techniques proposed to be used in
mining | 363 |
and reclamation and a description of the major equipment;
a plan | 364 |
for the control of surface water drainage and of water | 365 |
accumulation; a plan, where appropriate, for backfilling, soil | 366 |
stabilization, and compacting, grading, and appropriate | 367 |
revegetation; a plan for soil reconstruction, replacement, and | 368 |
stabilization, pursuant to the performance standards in section | 369 |
1513.16 of the Revised Code, for those food, forage, and forest | 370 |
lands identified in that section; and an
estimate of the cost per | 371 |
acre of the reclamation, including a
statement as to how the | 372 |
permittee plans to comply with each of
the requirements set out in | 373 |
section 1513.16 of the Revised Code; | 374 |
(12) The results of test borings that the applicant has
made | 394 |
at the area to be covered by the permit, or other equivalent | 395 |
information and data in a form satisfactory to the chief, | 396 |
including the location of subsurface water, and an analysis of
the | 397 |
chemical properties, including acid forming properties of the | 398 |
mineral and overburden; except that information that pertains
only | 399 |
to the analysis of the chemical and physical properties of
the | 400 |
coal, excluding information regarding mineral or elemental | 401 |
contents that are potentially toxic in the environment, shall be | 402 |
kept confidential and not made a matter of public record; | 403 |
(2) With regard to requests for an exemption from the | 419 |
requirements of this
chapter for coal extraction incidental to the | 420 |
extraction of other minerals, as
described in division (H)(1)(a) | 421 |
of section 1513.01 of the Revised Code,
confidential information | 422 |
includes and is limited to information concerning
trade secrets or | 423 |
privileged commercial or financial information relating to
the | 424 |
competitive rights of the persons intending to conduct the | 425 |
extraction of
minerals. | 426 |
(E)(1) Upon the basis of a complete mining application and | 427 |
reclamation plan or a revision or renewal thereof, as required by | 428 |
this chapter, and information obtained as a result of public | 429 |
notification and public hearing, if any, as
provided by section | 430 |
1513.071 of the Revised Code, the chief shall
grant, require | 431 |
modification of, or deny the application for a
permit in a | 432 |
reasonable time set by the chief and notify the
applicant in | 433 |
writing in accordance with division (I)(3) of this
section. The | 434 |
An application is deemed to be complete as submitted
to the chief | 435 |
unless the chief, within fourteen days of the
submission, | 436 |
identifies deficiencies in the application in writing
and | 437 |
subsequently submits a copy of a written list of deficiencies
to | 438 |
the applicant. | 439 |
The applicant for a permit or revision of a permit has
the | 442 |
burden of establishing that the application is in
compliance
with | 443 |
all the requirements of this chapter. Within ten days after
the | 444 |
granting of a permit, the chief shall notify the boards of | 445 |
township trustees and county commissioners, the mayor, and the | 446 |
legislative authority in the township, county, and municipal | 447 |
corporation in which the area of land to be affected is located | 448 |
that a permit has been issued and shall describe the location of | 449 |
the land. However, failure of the chief to notify the local | 450 |
officials shall not affect the status of the permit. | 451 |
(d) The area proposed to be mined is not included within
an | 477 |
area designated unsuitable for coal mining pursuant to section | 478 |
1513.073 of the Revised Code or is not within an area under study | 479 |
for such designation in an administrative proceeding commenced | 480 |
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the | 481 |
Revised Code unless in an area as to which an administrative | 482 |
proceeding has commenced pursuant to division (A)(3)(c) or (B) of | 483 |
section 1513.073 of the Revised Code, the operator making the | 484 |
permit application demonstrates that, prior to January 1, 1977, | 485 |
the operator made substantial legal and financial commitments
in | 486 |
relation
to the operation for which a permit is
sought. | 487 |
(3)(a) The applicant shall file with the permit application
a | 500 |
schedule listing all notices of violations of any law, rule, or | 501 |
regulation of the United States or of any department or agency | 502 |
thereof or of any state pertaining to air or water environmental | 503 |
protection incurred by the applicant in connection with any coal | 504 |
mining operation during the three-year period prior to the date
of | 505 |
application. The schedule also shall indicate the final
resolution | 506 |
of such a notice of violation. Upon receipt of an
application, the | 507 |
chief shall provide a schedule listing all
notices of violations | 508 |
of this chapter pertaining to air or water
environmental | 509 |
protection incurred by the applicant during the
three-year period | 510 |
prior to receipt of the application and the
final resolution of | 511 |
all such notices of violation. The chief
shall provide this | 512 |
schedule to the applicant for filing by the
applicant with the | 513 |
application filed for public review, as
required by division | 514 |
(B)(5) of this section. When the schedule
or other information | 515 |
available to the chief indicates that any
coal mining operation | 516 |
owned or controlled by the applicant is
currently in violation of | 517 |
such laws, the permit shall not be
issued until the applicant | 518 |
submits proof that the violation has
been corrected or is in the | 519 |
process of being corrected to the
satisfaction of the regulatory | 520 |
authority, department, or agency
that has jurisdiction over the | 521 |
violation and that any civil
penalties owed to the state for a | 522 |
violation and not the subject
of an appeal have been paid. No | 523 |
permit shall be issued to an
applicant after a finding by the | 524 |
chief that the applicant or the
operator specified in the | 525 |
application controls or has controlled
mining operations with a | 526 |
demonstrated pattern of willful
violations of this chapter of a | 527 |
nature and duration to result in
irreparable damage to the | 528 |
environment as to indicate an intent
not to comply with or a | 529 |
disregard of this chapter. | 530 |
(b) For the purposes of division
(E)(3)(a) of this
section, | 531 |
any violation resulting from an unanticipated event or condition | 532 |
at a
surface coal mining operation on lands eligible for remining | 533 |
under a permit
held by the person submitting an application for a | 534 |
coal mining permit under
this section shall not prevent issuance | 535 |
of that permit. As used in this
division, "unanticipated event or | 536 |
condition" means an event or condition
encountered in a remining | 537 |
operation that was not contemplated by the
applicable surface coal | 538 |
mining and reclamation permit. | 539 |
(4)(a) In addition to finding the application in
compliance | 540 |
with division (E)(2) of this section, if the area
proposed to be | 541 |
mined contains prime farmland as determined
pursuant to division | 542 |
(B)(1)(p) of this section, the chief,
after consultation with the | 543 |
secretary of the United States
department of agriculture and | 544 |
pursuant to regulations issued by
the secretary of the interior | 545 |
with the concurrence of the
secretary of agriculture, may grant a | 546 |
permit to mine on prime
farmland if the chief finds in writing | 547 |
that the operator has the
technological capability to restore the | 548 |
mined area, within a
reasonable time, to equivalent or higher | 549 |
levels of yield as
nonmined prime farmland in the surrounding area | 550 |
under equivalent
levels of management and can meet the soil | 551 |
reconstruction
standards in section 1513.16 of the Revised Code. | 552 |
(6) The chief may issue an order denying a permit after | 559 |
finding that the
applicant, any partner, if the
applicant is a | 560 |
partnership, any officer, principal shareholder, or director, if | 561 |
the applicant is a corporation, or any other person who has a | 562 |
right to control or in fact controls the management of the | 563 |
applicant or the selection of officers, directors, or managers of | 564 |
the applicant has been a sole proprietor or partner, officer, | 565 |
director, principal shareholder, or person having the right to | 566 |
control or has in fact controlled the management of or the | 567 |
selection of officers, directors, or managers of a business
entity | 568 |
that ever has had a coal mining license or permit issued
by this | 569 |
or any other state or the United States suspended or
revoked, ever | 570 |
has forfeited a coal or surface mining bond, performance security, | 571 |
or similar
security deposited in lieu of bond in this or any other | 572 |
state or
with the United States, or ever has substantially or | 573 |
materially
failed to comply with this chapter. | 574 |
(7) When issuing a permit under this section, the chief
may | 575 |
authorize an applicant to conduct coal mining and reclamation | 576 |
operations on areas to be covered by the permit that were
affected | 577 |
by coal mining operations before August 3, 1977, that
have | 578 |
resulted in continuing water pollution from or on the
previously | 579 |
mined areas for the purpose of potentially reducing
the pollution | 580 |
loadings of pH, iron, and manganese from discharges
from or on the | 581 |
previously mined areas. Following the chief's
authorization to | 582 |
conduct such operations on those areas, the
areas shall be | 583 |
designated as pollution abatement areas for the
purposes of this | 584 |
chapter. | 585 |
(f) Neither the applicant; any partner, if the applicant
is a | 607 |
partnership; any officer, principal shareholder, or
director, if | 608 |
the applicant is a corporation; any other person who
has a right | 609 |
to control or in fact controls the management of the
applicant or | 610 |
the selection of officers, directors, or managers of
the | 611 |
applicant; nor any contractor or subcontractor of the
applicant, | 612 |
has any of the following: | 613 |
(iii) During the eighteen months prior to submitting the | 621 |
permit application requesting an authorization under division | 622 |
(E)(7) of this section, had a coal mining and reclamation permit | 623 |
suspended or revoked under division (D)(3) of section 1513.02 of | 624 |
the Revised Code for violating this chapter or Chapter 6111. of | 625 |
the Revised Code or rules adopted under them with respect to
water | 626 |
quality, effluent limitations, or surface or ground water | 627 |
monitoring; | 628 |
(8) In the case of the issuance of a permit that involves a | 632 |
conflict of results between various methods of calculating | 633 |
potential acidity and neutralization potential for purposes of | 634 |
assessing the potential for acid mine drainage to occur at a mine | 635 |
site, the permit shall include provisions for monitoring and | 636 |
record keeping to identify the creation of unanticipated acid | 637 |
water at the mine site. If the monitoring detects the creation of | 638 |
acid water at the site, the permit shall impose on the permittee | 639 |
additional requirements regarding mining practices and site | 640 |
reclamation to prevent the discharge of acid mine drainage from | 641 |
the mine site. As used in division (E)(8) of this section, | 642 |
"potential acidity" and "neutralization potential" have the same | 643 |
meanings as in section 1513.075 of the Revised Code. | 644 |
(2) An application for a revision of a permit shall not be | 648 |
approved unless the chief finds that reclamation required by this | 649 |
chapter can be accomplished under the revised reclamation plan. | 650 |
The revision shall be approved or disapproved within ninety days | 651 |
after receipt of a complete revision application. The chief
shall | 652 |
establish, by rule, criteria for determining the extent to
which | 653 |
all permit application information requirements and
procedures, | 654 |
including notice and hearings, shall apply to the
revision | 655 |
request, except that any revisions that propose
significant | 656 |
alterations in the reclamation plan, at a
minimum, shall be | 657 |
subject to notice and hearing requirements. | 658 |
(I)(1) If an informal conference has been held pursuant to | 670 |
section 1513.071 of the Revised Code, the chief shall issue and | 671 |
furnish the applicant for a permit, persons who participated in | 672 |
the informal conference, and persons who filed written objections | 673 |
pursuant to division (B) of section 1513.071 of the Revised Code, | 674 |
with the written finding of the chief granting or denying the | 675 |
permit in whole or in part and stating the reasons therefor
within | 676 |
sixty days of the conference, provided that the chief shall comply | 677 |
with the time frames established in division (I)(3) of this | 678 |
section. | 679 |
(2) If there has been no informal conference held pursuant
to | 680 |
section 1513.071 of the Revised Code, the chief shall notify | 681 |
submit to
the
applicant for a permit within a reasonable time as | 682 |
provided
by
rule of the chief, taking into account the time | 683 |
needed for
proper
investigation of the site, the complexity of | 684 |
the permit
application, whether or not a written objection to the | 685 |
application
has been filed, and whether the application has been | 686 |
approved or
disapproved in whole or in partthe written finding | 687 |
of the chief granting or denying the permit in whole or in part | 688 |
and stating the
reasons therefor within the time frames | 689 |
established in division
(I)(3) of this section. | 690 |
(3) The chief shall grant or deny a permit not later than two | 691 |
hundred forty days after the submission of a complete application | 692 |
for the permit. Any time during which the applicant is making | 693 |
revisions to an application or providing additional information | 694 |
requested by the chief regarding an application shall not be | 695 |
included in the two hundred forty days. If the chief determines | 696 |
that a permit cannot be granted or denied within the | 697 |
two-hundred-forty-day time frame, the chief, not later than two | 698 |
hundred ten days after the submission of a complete application | 699 |
for the permit, shall provide the applicant with written notice of | 700 |
the expected delay. | 701 |
(4) If the application is approved, the permit shall be | 702 |
issued. If the application is disapproved, specific reasons | 703 |
therefor shall be set forth in the notification. Within thirty | 704 |
days after the applicant is notified of the final decision of the | 705 |
chief on the permit application, the applicant or any person with | 706 |
an interest that is or may be adversely affected may appeal the | 707 |
decision to the reclamation commission pursuant
to section
1513.13 | 708 |
of the Revised Code. | 709 |
Section 3. The Director of Environmental Protection and the | 742 |
Director of Natural Resources shall jointly determine if the State | 743 |
of Ohio may administer the section 404 program under the Federal | 744 |
Water Pollution Control Act in lieu of the United States Army | 745 |
Corps of Engineers. The Director of Environmental Protection and | 746 |
the Director of Natural Resources shall contact and work with the | 747 |
United States Army Corps of Engineers in order to make that | 748 |
determination. The Director of Environmental Protection and the | 749 |
Director of Natural Resources shall report their findings to the | 750 |
General Assembly not later than one year after the effective date | 751 |
of this section. | 752 |