As Reported by the House Agriculture and Natural Resources Commitee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 386

Senator Grendell 

Cosponsors: Senators Wilson, Carey, Cafaro, Padgett, Schaffer, Seitz, Niehaus, Austria, Harris, Patton, Schuler 

Representative Aslanides 

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A BILL

To amend section 1513.07 and to enact section

1

1513.076 of the Revised Code to provide for the

2

timely issuance of coal mining and reclamation

3

permits.

4

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

Section 1. That section 1513.07 be amended and section	5
1513.076 of the Revised Code be enacted to read as follows:	6

Sec. 1513.07.  (A)(1) No operator shall conduct a coal mining	7
operation without a permit for the operation issued by the chief	8
of the division of mineral resources management.	9

(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

(i) The terms and conditions of the existing permit are not	45
being satisfactorily met.	46

(ii) The present coal mining and reclamation operation is not	47
in compliance with the environmental protection standards of this	48
chapter.	49

(iii) The renewal requested substantially jeopardizes the	50
operator's continuing responsibilities on existing permit areas.	51

(iv) The applicant has not provided evidence that the	52
performance security in effect for the operation will continue in	53
effect for any renewal requested in the application.	54

(v) Any additional, revised, or updated information required	55
by the chief has not been provided. Prior to the approval of any	56
renewal of a permit, the chief shall provide notice to the	57
appropriate public authorities as prescribed by rule of the chief.	58

(b) If an application for renewal of a valid permit includes	59
a proposal to extend the mining operation beyond the boundaries	60
authorized in the existing permit, the portion of the application	61
for renewal of a valid permit that addresses any new land areas	62
shall be subject to the full standards applicable to new	63
applications under this chapter.	64

(c) A permit renewal shall be for a term not to exceed the	65
period of the original permit established by this chapter.	66
Application for permit renewal shall be made at least one hundred	67
twenty days prior to the expiration of the valid permit.	68

(5) A permit issued pursuant to this chapter does not	69
eliminate the requirements for obtaining a permit to install or	70
modify a disposal system or any part thereof or to discharge	71
sewage, industrial waste, or other wastes into the waters of the	72
state in accordance with Chapter 6111. of the Revised Code.	73

(B)(1) The permit application shall be submitted in a manner	74
satisfactory to the chief and shall contain, among other things,	75
all of the following:	76

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

77

(i) The permit applicant;

78

(ii) Every legal owner of record of the property, surface and	79
mineral, to be mined;	80

(iii) The holders of record of any leasehold interest in the	81
property;	82

(iv) Any purchaser of record of the property under a real	83
estate contract;	84

(v) The operator if different from the applicant;

85

(vi) If any of these are business entities other than a	86
single proprietor, the names and addresses of the principals,	87
officers, and statutory agent for service of process.	88

(b) The names and addresses of the owners of record of all	89
surface and subsurface areas adjacent to any part of the permit	90
area;	91

(c) A statement of any current or previous coal mining	92
permits in the United States held by the applicant, the permit	93
identification, and any pending applications;	94

(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

(i) Has ever held a federal or state coal mining permit that	116
in the five-year period prior to the date of submission of the	117
application has been suspended or revoked or has had a coal mining	118
bond, performance security, or similar security deposited in lieu	119
of bond forfeited and, if so, a brief explanation of the facts	120
involved;	121

(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

(g) A description of the type and method of coal mining	140
operation that exists or is proposed, the engineering techniques	141
proposed or used, and the equipment used or proposed to be used;	142

(h) The anticipated or actual starting and termination dates	143
of each phase of the mining operation and number of acres of land	144
to be affected;	145

(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

(j) The name of the watershed and location of the surface	154
stream or tributary into which drainage from the operation will be	155
discharged;	156

(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

(l) When requested by the chief, the climatological factors	171
that are peculiar to the locality of the land to be affected,	172
including the average seasonal precipitation, the average	173
direction and velocity of prevailing winds, and the seasonal	174
temperature ranges;	175

(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

(ii) A statement of the quality and locations of subsurface	216
water. The chief shall provide by rule the number of locations to	217
be sampled, frequency of collection, and parameters to be analyzed	218
to obtain the statement required.	219

(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

(p) For those lands in the permit application that a	238
reconnaissance inspection suggests may be prime farmlands, a soil	239
survey shall be made or obtained according to standards	240
established by the secretary of the United States department of	241
agriculture in order to confirm the exact location of the prime	242
farmlands, if any;	243

(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

(r) The business telephone number of the applicant;

262

(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

(i) The determination of probable hydrologic consequences	292
required under division (B)(1)(k) of this section;	293

(ii) The development of cross-section maps and plans required	294
under division (B)(1)(n)(i) of this section;	295

(iii) The geologic drilling and statement of results of test	296
borings and core samplings required under division (B)(1)(o) of	297
this section;	298

(iv) The collection of archaeological information required	299
under division (B)(1)(m) of this section and any other	300
archaeological and historical information required by the chief,	301
and the preparation of plans necessitated thereby;	302

(v) Pre-blast surveys required under division (E) of section	303
1513.161 of the Revised Code;	304

(vi) The collection of site-specific resource information and	305
production of protection and enhancement plans for fish and	306
wildlife habitats and other environmental values required by the	307
chief under this chapter.	308

(b) A coal operator that has received assistance under	309
division (B)(3)(a) of this section shall reimburse the chief for	310
the cost of the services rendered if the chief finds that the	311
operator's actual and attributed annual production of coal for all	312
locations exceeds three hundred thousand tons during the twelve	313
months immediately following the date on which the operator was	314
issued a coal mining and reclamation permit.	315

(4) Each applicant for a permit shall submit to the chief as	316
part of the permit application a reclamation plan that meets the	317
requirements of this chapter.	318

(5) Each applicant for a coal mining and reclamation permit	319
shall file a copy of the application for a permit, excluding that	320
information pertaining to the coal seam itself, for public	321
inspection with the county recorder or an appropriate public	322
office approved by the chief in the county where the mining is	323
proposed to occur.	324

(6) Each applicant for a coal mining and reclamation permit	325
shall submit to the chief as part of the permit application a	326
blasting plan that describes the procedures and standards by which	327
the operator will comply with section 1513.161 of the Revised	328
Code.	329

(C) Each reclamation plan submitted as part of a permit	330
application shall include, in the detail necessary to demonstrate	331
that reclamation required by this chapter can be accomplished, a	332
statement of:	333

(1) The identification of the lands subject to coal mining	334
operations over the estimated life of those operations and the	335
size, sequence, and timing of the subareas for which it is	336
anticipated that individual permits for mining will be sought;	337

(2) The condition of the land to be covered by the permit	338
prior to any mining including all of the following:	339

(a) The uses existing at the time of the application and, if	340
the land has a history of previous mining, the uses that preceded	341
any mining;	342

(b) The capability of the land prior to any mining to support	343
a variety of uses, giving consideration to soil and foundation	344
characteristics, topography, and vegetative cover and, if	345
applicable, a soil survey prepared pursuant to division (B)(1)(p)	346
of this section;	347

(c) The productivity of the land prior to mining, including	348
appropriate classification as prime farmlands as well as the	349
average yield of food, fiber, forage, or wood products obtained	350
from the land under high levels of management.	351

(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

(4) A detailed description of how the proposed postmining	360
land use is to be achieved and the necessary support activities	361
that may be needed to achieve the proposed land use;	362

(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

(6) A description of the means by which the utilization and	375
conservation of the solid fuel resource being recovered will be	376
maximized so that reaffecting the land in the future can be	377
minimized;	378

(7) A detailed estimated timetable for the accomplishment of	379
each major step in the reclamation plan;	380

(8) A description of the degree to which the coal mining and	381
reclamation operations are consistent with surface owner plans and	382
applicable state and local land use plans and programs;	383

(9) The steps to be taken to comply with applicable air and	384
water quality laws and regulations and any applicable health and	385
safety standards;	386

(10) A description of the degree to which the reclamation	387
plan is consistent with local physical, environmental, and	388
climatological conditions;	389

(11) A description of all lands, interests in lands, or	390
options on such interests held by the applicant or pending bids on	391
interests in lands by the applicant, which lands are contiguous to	392
the area to be covered by the permit;	393

(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

(13) A detailed description of the measures to be taken	404
during the mining and reclamation process to ensure the protection	405
of all of the following:	406

(a) The quality of surface and ground water systems, both on-	407
and off-site, from adverse effects of the mining and reclamation	408
process;	409

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

410

(c) The quantity of surface and ground water systems, both	411
on- and off-site, from adverse effects of the mining and	412
reclamation process or, where such protection of quantity cannot	413
be assured, provision of alternative sources of water.	414

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

415

(D)(1) Any information required by division (C) of this	416
section that is not on public file pursuant to this chapter shall	417
be held in confidence by the chief.	418

(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

A decision of the chief denying a permit shall state in	440
writing the specific reasons for the denial.	441

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

(2) No permit application or application for revision of an	452
existing permit shall be approved unless the application	453
affirmatively demonstrates and the chief finds in writing on the	454
basis of the information set forth in the application or from	455
information otherwise available, which shall be documented in the	456
approval and made available to the applicant, all of the	457
following:	458

(a) The application is accurate and complete and all the	459
requirements of this chapter have been complied with.	460

(b) The applicant has demonstrated that the reclamation	461
required by this chapter can be accomplished under the reclamation	462
plan contained in the application.	463

(c)(i) Assessment of the probable cumulative impact of all	464
anticipated mining in the general and adjacent area on the	465
hydrologic balance specified in division (B)(1)(k) of this section	466
has been made by the chief, and the proposed operation has been	467
designed to prevent material damage to hydrologic balance outside	468
the permit area.	469

(ii) There shall be an ongoing process conducted by the chief	470
in cooperation with other state and federal agencies to review all	471
assessments of probable cumulative impact of coal mining in light	472
of post-mining data and any other hydrologic information as it	473
becomes available to determine if the assessments were realistic.	474
The chief shall take appropriate action as indicated in the review	475
process.	476

(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

(e) In cases where the private mineral estate has been	488
severed from the private surface estate, the applicant has	489
submitted to the chief one of the following:	490

(i) The written consent of the surface owner to the	491
extraction of coal by strip mining methods;	492

(ii) A conveyance that expressly grants or reserves the right	493
to extract the coal by strip mining methods;	494

(iii) If the conveyance does not expressly grant the right to	495
extract coal by strip mining methods, the surface-subsurface legal	496
relationship shall be determined under the law of this state. This	497
chapter does not authorize the chief to adjudicate property rights	498
disputes.	499

(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

(b) Division (E)(4)(a) of this section does not apply to a	553
permit issued prior to August 3, 1977, or revisions or renewals	554
thereof.	555

(5) The chief shall issue an order denying a permit after	556
finding that the applicant has misrepresented or omitted any	557
material fact in the application for the permit.	558

(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

The chief shall not grant an authorization under division	586
(E)(7) of this section to conduct coal mining and reclamation	587
operations on any such previously mined areas unless the applicant	588
demonstrates to the chief's satisfaction that all of the following	589
conditions are met:	590

(a) The applicant's pollution abatement plan for mining and	591
reclaiming the previously mined areas represents the best	592
available technology economically achievable.	593

(b) Implementation of the plan will potentially reduce	594
pollutant loadings of pH, iron, and manganese resulting from	595
discharges of surface waters or ground water from or on the	596
previously mined areas within the permit area.	597

(c) Implementation of the plan will not cause any additional	598
degradation of surface water quality off the permit area with	599
respect to pH, iron, and manganese.	600

(d) Implementation of the plan will not cause any additional	601
degradation of ground water.	602

(e) The plan meets the requirements governing mining and	603
reclamation of such previously mined pollution abatement areas	604
established by the chief in rules adopted under section 1513.02 of	605
the Revised Code.	606

(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

(i) Responsibility or liability under this chapter or rules	614
adopted under it as an operator for treating the discharges of	615
water pollutants from or on the previously mined areas for which	616
the authorization is sought;	617

(ii) Any responsibility or liability under this chapter or	618
rules adopted under it for reclaiming the previously mined areas	619
for which the authorization is sought;	620

(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

(iv) Ever forfeited a coal or surface mining bond,	629
performance security, or similar security deposited in lieu of a	630
bond in this or any other state or with the United States.	631

(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

(F)(1) During the term of the permit, the permittee may	645
submit an application for a revision of the permit, together with	646
a revised reclamation plan, to the chief.	647

(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

(3) Any extensions to the area covered by the permit except	659
incidental boundary revisions shall be made by application for a	660
permit.	661

(G) No transfer, assignment, or sale of the rights granted	662
under a permit issued pursuant to this chapter shall be made	663
without the written approval of the chief.	664

(H) The chief, within a time limit prescribed in the chief's	665
rules, shall review outstanding permits and may require reasonable	666
revision or modification of a permit. A revision or modification	667
shall be based upon a written finding and subject to notice and	668
hearing requirements established by rule of the chief.	669

(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

(4)(5) Any applicant or any person with an interest that is	710
or may be adversely affected who has participated in the	711
administrative proceedings as an objector and is aggrieved by the	712
decision of the reclamation commission, or if the commission fails	713
to act within the time limits specified in this chapter, may	714
appeal in accordance with section 1513.14 of the Revised Code.	715

Sec. 1513.076.  The director of environmental protection and	716
the director of natural resources shall jointly establish	717
procedures that do all of the following:	718

(A) Provide for the coordination of the issuance of coal	719
mining and reclamation permits under this chapter and permits and	720
certifications under Chapter 6111. of the Revised Code for coal	721
mining and reclamation operations;	722

(B) Provide for the direct cooperation of the staff of the	723
environmental protection agency and the staff of the division of	724
mineral resources management in the review and approval or denial	725
of coal mining and reclamation permits issued under this chapter	726
and permits and certifications issued under Chapter 6111. of the	727
Revised Code;	728

(C) Provide for direct and effective communication between	729
the staff of the environmental protection agency and the staff of	730
the division of mineral resources management regarding the review	731
and approval or denial of coal mining and reclamation permits	732
issued under this chapter and permits and certifications issued	733
under Chapter 6111. of the Revised Code;	734

(D) Provide for the creation of a joint agency coal task	735
force consisting of employees of the environmental protection	736
agency and the division of mineral resources management for the	737
purpose of ensuring that the procedures established under	738
divisions (A) to (C) of this section are properly implemented.	739

Section 2.  That existing section 1513.07 of the Revised Code	740
is hereby repealed.	741

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