As Reported by the Senate Environment and Natural Resources Committee

127th General Assembly Regular Session 2007-2008

S. B. No. 386

Senator Grendell 

Cosponsors: Senators Wilson, Carey, Cafaro, Padgett, Schaffer, Seitz, Niehaus 

---

A BILL

To amend sections 1513.02, 1513.07, 1513.181,

1

1513.99, 3745.114, 6111.03, 6111.035, 6111.04,

2

6111.30, and 6111.44 and to enact sections

3

1513.50 to 1513.59 of the Revised Code to

4

transfer authority to issue section 401 water

5

quality certifications, installation permits for

6

disposal systems, and NPDES permits with respect

7

to coal mining and reclamation operations from

8

the Director of Environmental Protection to the

9

Chief of the Division of Mineral Resources

10

Management in the Department of Natural Resources

11

and to provide for the timely issuance of coal

12

mining and reclamation permits, and to amend the

13

versions of sections 6111.04 and 6111.44 of the

14

Revised Code that are scheduled to take effect

15

July 1, 2009, to continue the provisions of this

16

act on and after that effective date.

17

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

Section 1. That sections 1513.02, 1513.07, 1513.181, 1513.99,	18
3745.114, 6111.03, 6111.035, 6111.04, 6111.30, and 6111.44 be	19
amended and sections 1513.50, 1513.51, 1513.52, 1513.53, 1513.54,	20
1513.55, 1513.56, 1513.57, 1513.58, and 1513.59 of the Revised	21
Code be enacted to read as follows:	22

Sec. 1513.02.  (A) The division of mineral resources	23
management shall administer, enforce, and implement this chapter.	24
The chief of the division of mineral resources management shall do	25
all of the following:	26

(1) Adopt, amend, and rescind rules:

27

(a) To administer and enforce this chapter;

28

(b) To implement the requirements of this chapter for the	29
reclamation of lands affected by coal mining, including such rules	30
governing mining practices and procedures, segregation and	31
placement of soil and topsoil, backfilling, grading, terracing,	32
resoiling, soil conditioning and reconditioning, planting,	33
establishment of drainage patterns, construction of impoundments,	34
and the construction, maintenance, and disposition of haul roads,	35
ditches, and dikes, as may be necessary or desirable, under	36
varying conditions of slope, drainage, physical and chemical	37
characteristics of soil and overburden, erodability of materials,	38
season, growth characteristics of plants, and other factors	39
affecting coal mining and reclamation, to facilitate the return of	40
the land to a condition required by this chapter; to prevent	41
pollution or substantial diminution of waters of the state,	42
substantial erosion, substantial deposition of sediment,	43
landslides, accumulation and discharge of acid water, and	44
flooding, both during mining and reclamation and thereafter; to	45
restore the recharge capacity of the mined area to approximate	46
premining conditions; and to ensure full compliance with all	47
requirements of this chapter relating to reclamation, and the	48
attainment of those objectives in the interest of the public	49
health, safety, and welfare to which these reclamation	50
requirements are directed;	51

(c) To meet the requirements of the "Surface Mining Control	52
and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 1201.	53

(2) Issue orders to enforce this chapter and rules adopted	54
under it;	55

(3) Adopt rules for the internal management of the division	56
that do not affect private rights;	57

(4) Adopt programs, rules, and procedures designed to assist	58
the coal operator in this state with the permitting process and	59
complying with the environmental standards of this chapter. Upon	60
request of the applicant for a permit, the chief shall make a	61
determination of the probable hydrologic consequences required in	62
division (B)(1)(k) of section 1513.07 of the Revised Code within	63
sixty days after a permit has been submitted to the division for	64
those applications requesting the chief to perform the study. The	65
chief shall perform the chemical analysis of test borings or core	66
samplings for operators who have a total annual production of coal	67
at all locations that does not exceed one hundred thousand tons.	68

(5) Adopt programs, rules, and procedures designed to ensure	69
that reclamation is performed on operations for which the	70
performance security has been forfeited pursuant to section	71
1513.16 of the Revised Code;	72

(6) Receive, administer, and expend moneys obtained from the	73
United States department of the interior and other federal	74
agencies to implement the state's permanent coal regulatory	75
program;	76

(7)(a) Regulate the beneficial use of coal combustion	77
byproducts at coal mining and reclamation operations and abandoned	78
mine lands that are regulated under this chapter and rules adopted	79
under it. The beneficial use of coal combustion byproducts at such	80
coal mining and reclamation operations and abandoned mine lands is	81
subject to all applicable performance standards and requirements	82
established under this chapter and rules adopted under it,	83
including, without limitation, standards and requirements	84
established under section 1513.16 of the Revised Code and rules	85
adopted pursuant to it.	86

The beneficial use of coal combustion byproducts that is	87
authorized at coal mining and reclamation operations and abandoned	88
mine lands that are regulated under this chapter and rules adopted	89
under it is not subject to Chapter 6111. of the Revised Code and	90
rules adopted under it and to the following provisions of Chapters	91
Chapter 3734. and 6111. of the Revised Code and rules adopted	92
under those provisions:	93

(i) Permit and license requirements for solid waste	94
facilities established under sections 3734.02 and 3734.05 of the	95
Revised Code;	96

(ii) The prohibition against the open dumping of solid wastes	97
established in section 3734.03 of the Revised Code;	98

(iii) Solid waste generation and disposal fees established	99
under sections 3734.57 to 3734.574 of the Revised Code;	100

(iv) Permit to install and plan approval requirements	101
established under sections 6111.03, 6111.44, and 6111.45 of the	102
Revised Code.	103

Nothing in division (A)(7) of this section shall be construed	104
to limit any other requirements that are applicable to the	105
beneficial use of coal combustion byproducts and that are	106
established under Chapter 3704., 3714., or 3734., or 6111. of the	107
Revised Code or under local or federal laws, including, without	108
limitation, requirements governing air pollution control permits,	109
and hazardous waste, national pollutant discharge elimination	110
system permits, and section 401 water quality certifications.	111

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

112

(i) "Coal combustion byproducts" means fly ash, bottom ash,	113
coal slag, flue gas desulphurization and fluidized bed combustion	114
byproducts, air or water pollution control residues from the	115
operation of a coal-fired electric or steam generation facility,	116
and any material from a clean coal technology demonstration	117
project or other innovative process at a coal-fired electric or	118
steam generation facility.	119

(ii) "Beneficial use" means the use of coal combustion	120
byproducts in a manner that is not equivalent to the establishment	121
of a disposal system or a solid waste disposal facility and that	122
is unlikely to affect human health or safety or the environment	123
adversely or to degrade the existing quality of the land, air, or	124
water. "Beneficial use" includes, without limitation, land	125
application uses for agronomic value; land reclamation uses; and	126
discrete, controlled uses for structural fill, pavement aggregate,	127
pipe bedding aggregate, mine sealing, alternative drainage or	128
capping material, and pilot demonstration projects.	129

(iii) "Structural fill" means the discrete, controlled use of	130
a coal combustion byproduct as a substitute for a conventional	131
aggregate, raw material, or soil under or immediately adjacent to	132
a building or structure. "Structural fill" does not include uses	133
that involve general filling or grading operations or valley	134
fills.	135

(iv) "Pavement aggregate" means the discrete, controlled use	136
of a coal combustion byproduct as a subbase material or drainage	137
layer under or immediately adjacent to a paved road or a paved	138
parking lot where the coal combustion byproduct is a substitute	139
for a conventional aggregate, raw material, or soil.	140

(v) "Pipe bedding aggregate" means the discrete, controlled	141
use of a coal combustion byproduct as a substitute for a	142
conventional aggregate, raw material, or soil under, around, or	143
immediately adjacent to a water, sewer, or other pipeline.	144

(vi) "Coal-fired electric or steam generation facility"	145
includes any boiler that is fired with coal or with coal in	146
combination with petroleum coke, oil, natural gas, or any other	147
fossil fuel.	148

(vii) "Solid waste disposal facility" means a facility for	149
the disposal of solid wastes as provided in Chapter 3734. of the	150
Revised Code and rules adopted under it.	151

(viii) "Disposal system" has the same meaning as in section	152
6111.01 of the Revised Code.	153

(8) Establish programs and adopt rules and procedures	154
governing terms, limitations, and conditions for the use of diesel	155
equipment in an underground coal mine.	156

(B) The chief, by rule, may designate as unsuitable for coal	157
mining natural areas maintained on the registry of natural areas	158
of the department of natural resources pursuant to Chapter 1517.	159
of the Revised Code, wild, scenic, or recreational river areas	160
designated pursuant to that chapter, publicly owned or dedicated	161
parks, and other areas of unique and irreplaceable natural beauty	162
or condition, or areas within specified distances of a public	163
road, occupied dwelling, public building, school, church,	164
community, or institutional building, public park, or cemetery.	165
Such a designation may include land adjacent to the perimeters of	166
those areas that may be necessary to protect their integrity.	167

(C)(1) The adoption, amendment, and rescission of rules under	168
divisions (A)(1), (4), (5), and, (8), (B), and (J) of this section	169
are subject to Chapter 119. of the Revised Code.	170

(2) The issuance of orders under division (A)(2) of this	171
section and appeals therefrom are not governed by or subject to	172
Chapter 119. of the Revised Code, but are governed by this	173
chapter.	174

(D)(1) When the chief or an authorized representative of the	175
chief determines that any condition or practice exists or that any	176
permittee is in violation of any requirement of this chapter or	177
any permit condition required by this chapter, which condition,	178
practice, or violation creates an imminent danger to the health or	179
safety of the public or is causing, or can reasonably be expected	180
to cause, significant, imminent environmental harm to land, air,	181
or water resources, the chief or the authorized representative	182
immediately shall order the cessation of coal mining and	183
reclamation operations or the portion thereof relevant to the	184
condition, practice, or violation. The cessation order shall	185
remain in effect until the chief or the authorized representative	186
determines that the condition, practice, or violation has been	187
abated or until the order is modified, vacated, or terminated by	188
the chief or the authorized representative pursuant to division	189
(D)(4) of this section or by the reclamation commission pursuant	190
to section 1513.13 of the Revised Code. When the chief or the	191
authorized representative finds that the ordered cessation of coal	192
mining and reclamation operations or any portion thereof will not	193
completely abate the imminent danger to the health or safety of	194
the public or the significant, imminent environmental harm to	195
land, air, or water resources, the chief or the authorized	196
representative, in addition to the cessation order, shall order	197
the operator to take whatever steps the chief or the authorized	198
representative considers necessary to abate the imminent danger or	199
the significant environmental harm.	200

(2) When the chief or an authorized representative of the	201
chief determines that any person is in violation of any	202
requirement of this chapter or any permit condition required by	203
this chapter, but the violation does not create an imminent danger	204
to the health or safety of the public or cannot reasonably be	205
expected to cause significant, imminent environmental harm to	206
land, air, or water resources, the chief or the authorized	207
representative shall issue a notice of violation to the person or	208
the person's agent fixing a reasonable time for the abatement of	209
the violation, provided that the time afforded a person to abate	210
the violation shall not exceed the time limitations prescribed by	211
the secretary of the interior in 30 C.F.R. Part 843 for an	212
approvable state regulatory program under the "Surface Mining	213
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.	214
1201.	215

If, upon expiration of the period of time as originally fixed	216
or subsequently extended for good cause shown and upon the written	217
finding of the chief or the authorized representative, the chief	218
or the authorized representative finds that the violation has not	219
been abated, the chief or the authorized representative	220
immediately shall order the cessation of coal mining and	221
reclamation operations or the portion thereof relevant to the	222
violation. The cessation order shall remain in effect until the	223
chief or the authorized representative determines that the	224
violation has been abated or until the order is modified, vacated,	225
or terminated by the chief or the authorized representative	226
pursuant to division (D)(4) of this section or by the reclamation	227
commission pursuant to section 1513.13 of the Revised Code. In a	228
cessation order issued under division (D)(2) of this section, the	229
chief or the authorized representative shall prescribe the steps	230
necessary to abate the violation in the most expeditious manner	231
possible.	232

(3) When in the judgment of the chief or an authorized	233
representative of the chief a pattern of violations of any	234
requirements of this chapter or any permit conditions required by	235
this chapter exists or has existed and the violations are caused	236
by the unwarranted failure of the permittee to comply with any	237
requirements of this chapter or any permit conditions or are	238
willfully caused by the permittee, the chief or the authorized	239
representative immediately shall issue an order to the permittee	240
to show cause why the permit should not be suspended or revoked.	241
If a hearing is requested, the chief shall inform all interested	242
parties of the time and place of the hearing and conduct the	243
hearing pursuant to division (D) of section 1513.13 of the Revised	244
Code. Upon the permittee's failure to show cause why the permit	245
should not be suspended or revoked, the chief or the authorized	246
representative immediately shall suspend or revoke the permit.	247

(4) Notices of violation and orders issued pursuant to this	248
section shall set forth with reasonable specificity the nature of	249
the violation and the remedial action required, the period of time	250
established for abatement, and a reasonable description of the	251
portion of the coal mining and reclamation operation to which the	252
notice or order applies. Each notice or order issued under this	253
section shall be given promptly to the alleged violator or the	254
agent of the alleged violator by the chief or an authorized	255
representative of the chief who issues the notice or order.	256
Notices and orders shall be in writing and shall be signed by the	257
chief or the authorized representative and may be modified,	258
vacated, or terminated by the chief or the authorized	259
representative. Any notice or order issued pursuant to this	260
section that requires cessation of mining by the operator shall	261
expire within thirty days after actual notice to the operator	262
unless a public hearing pursuant to section 1513.13 of the Revised	263
Code is held at the site or within such reasonable proximity to	264
the site that any viewings of the site can be conducted during the	265
course of the public hearing.	266

(E)(1) A person who violates a permit condition or any other	267
provision of this chapter may be assessed a civil penalty by the	268
chief, except that if the violation leads to the issuance of a	269
cessation order under division (D) of this section, the civil	270
penalty shall be assessed for each day until the person initiates	271
the necessary corrective steps. The penalty shall not exceed five	272
thousand dollars for each violation. Each day of continuing	273
violation may be deemed a separate violation for purposes of	274
penalty assessments. In determining the amount of the penalty,	275
consideration shall be given to the person's history of previous	276
violation at the particular coal mining operation; the seriousness	277
of the violation, including any irreparable harm to the	278
environment and any hazard to the health or safety of the public;	279
whether the person was negligent; and the demonstrated diligence	280
of the person charged in attempting to achieve rapid compliance	281
after notification of the violation.	282

(2) A civil penalty shall be assessed by the chief only after	283
the person charged with a violation under division (E)(1) of this	284
section has been given an opportunity for a public hearing. If a	285
person charged with such a violation fails to avail oneself of the	286
opportunity for a public hearing, a civil penalty shall be	287
assessed by the chief after the chief has determined that a	288
violation did occur, and the amount of the penalty that is	289
warranted, and has issued an order requiring that the penalty be	290
paid.	291

(3) Upon the issuance of a notice or order charging that a	292
violation of this chapter has occurred, the chief shall inform the	293
operator within thirty days of the proposed amount of the penalty	294
and provide opportunity for an adjudicatory hearing pursuant to	295
section 1513.13 of the Revised Code. The person charged with the	296
penalty then shall have thirty days to pay the proposed penalty in	297
full or, if the person wishes to contest either the amount of the	298
penalty or the fact of the violation, file a petition for review	299
of the proposed assessment with the secretary of the reclamation	300
commission pursuant to section 1513.13 of the Revised Code. If,	301
after the hearing, the commission affirms or modifies the proposed	302
amount of the penalty, the person charged with the penalty then	303
shall have thirty days after receipt of the written decision to	304
pay the amount in full or file an appeal with the court of appeals	305
in accordance with section 1513.14 of the Revised Code. At the	306
time the petition for review of the proposed assessment is filed	307
with the secretary, the person shall forward the amount of the	308
penalty to the secretary for placement in the reclamation penalty	309
fund, which is hereby created. The fund shall be in the custody of	310
the treasurer of state, but shall not be a part of the state	311
treasury. Pursuant to administrative or judicial review of the	312
penalty, the secretary, within thirty days, shall remit the	313
appropriate amount of the penalty to the person, with interest, if	314
it is determined that no violation occurred or that the amount of	315
the penalty should be reduced, and the secretary shall forward the	316
balance of the penalty or, if the penalty was not reduced, the	317
entire amount of the penalty, with interest, to the chief for	318
deposit in the reclamation forfeiture fund created in section	319
1513.18 of the Revised Code. Failure to forward the money to the	320
secretary within thirty days after the chief informs the operator	321
of the proposed amount of the penalty shall result in a waiver of	322
all legal rights to contest the violation or the amount of the	323
penalty. Within fifteen days after being informed of the penalty,	324
the person charged with the penalty may request in writing an	325
informal assessment conference to review the amount of the	326
penalty. The conference shall be presided over by the chief or an	327
individual appointed by the chief other than the inspector that	328
issued the notice of violation or order upon which the penalty is	329
based. The chief shall adopt rules governing procedures to be	330
followed in informal conferences. Time allowed for payment of the	331
penalty or appeal to the commission shall be tolled while the	332
penalty is being reviewed in an informal conference.	333

(4) An operator who fails to correct a violation for which a	334
notice of violation or order has been issued under division (D) of	335
this section within the period permitted for its correction shall	336
be assessed a civil penalty of not less than seven hundred fifty	337
dollars for each day during which the failure or violation	338
continues. However, a civil penalty shall not be assessed under	339
division (E)(4) of this section if the commission orders the	340
suspension of the abatement requirement after determining, based	341
upon the findings of an expedited hearing held under section	342
1513.13 of the Revised Code at the request of the operator, that	343
the operator will suffer irreparable loss or damage from the	344
application of the abatement requirement or if the court orders	345
suspension of the abatement requirement pursuant to review	346
proceedings held under section 1513.14 of the Revised Code at the	347
request of the operator.	348

(F) The chief may enter into a cooperative agreement with the	349
secretary of the interior to provide for state regulation of coal	350
mining and reclamation operations on federal lands within the	351
state.	352

(G) The chief may prohibit augering if necessary to maximize	353
the utilization, recoverability, or conservation of the solid fuel	354
resources or to protect against adverse water quality impacts.	355

(H) The chief shall transmit to the director of environmental	356
protection for verification copies of all schedules submitted	357
under section 1513.07 of the Revised Code pertaining to violations	358
of air quality laws or to violations of water quality laws	359
concerning which the director has or had authority, and rules	360
adopted and orders issued under those laws, in connection with	361
coal mining operations to the director of environmental protection	362
for verification.	363

(I) For the purposes of sections 1513.18, 1513.24, 1513.37,	364
and 1514.06 of the Revised Code, the chief triennially shall	365
determine the average wage rate for companies performing	366
reclamation work for the division under those sections by	367
averaging the wage rate paid by all companies performing such	368
reclamation work during the three years immediately preceding the	369
determination. However, in making the initial determination under	370
this division, the chief shall average the wage rate paid by all	371
companies performing such reclamation work during the ten years	372
immediately preceding October 29, 1995.	373

(J) If this state becomes covered by a state programmatic	374
general permit issued by the United States army corps of engineers	375
for the discharge of dredged or fill material into the waters of	376
the United States by operations that conduct surface and	377
underground coal mining and reclamation operations and the	378
restoration of abandoned mine lands, the chief may establish	379
programs and adopt rules and procedures designed to implement the	380
terms, limitations, and conditions of the permit. The purpose of	381
the programs, rules, and procedures shall be to enable the state	382
to reduce or eliminate duplicative state and federal project	383
evaluation, simplify the regulatory approval process, provide	384
environmental protection for aquatic resources that is equivalent	385
to federal protection, and satisfy the requirements of the United	386
States army corps of engineers regulatory program under which the	387
permit is issued and that is established under section 404 of the	388
"Federal Water Pollution Control Act," 86 Stat. 48 (1972), 33	389
U.S.C. 1344, as amended by the "Clean Water Act of 1977," 91 Stat.	390
1600, 33 U.S.C. 1344; section 10 of the "Rivers and Harbors Act of	391
1899," 30 Stat. 1151, 33 U.S.C. 403; and section 103 of the	392
"Marine Protection, Research, and Sanctuaries Act of 1972," 86	393
Stat. 1055, 33 U.S.C. 1413.	394

Sec. 1513.07.  (A)(1) No operator shall conduct a coal mining	395
operation without a permit for the operation issued by the chief	396
of the division of mineral resources management.	397

(2) All permits issued pursuant to this chapter shall be	398
issued for a term not to exceed five years, except that, if the	399
applicant demonstrates that a specified longer term is reasonably	400
needed to allow the applicant to obtain necessary financing for	401
equipment and the opening of the operation and if the application	402
is full and complete for the specified longer term, the chief may	403
grant a permit for the longer term. A successor in interest to a	404
permittee who applies for a new permit within thirty days after	405
succeeding to the interest and who is able to obtain the	406
performance security of the original permittee may continue coal	407
mining and reclamation operations according to the approved mining	408
and reclamation plan of the original permittee until the	409
successor's application is granted or denied.	410

(3) A permit shall terminate if the permittee has not	411
commenced the coal mining operations covered by the permit within	412
three years after the issuance of the permit, except that the	413
chief may grant reasonable extensions of the time upon a showing	414
that the extensions are necessary by reason of litigation	415
precluding the commencement or threatening substantial economic	416
loss to the permittee or by reason of conditions beyond the	417
control and without the fault or negligence of the permittee, and	418
except that with respect to coal to be mined for use in a	419
synthetic fuel facility or specified major electric generating	420
facility, the permittee shall be deemed to have commenced coal	421
mining operations at the time construction of the synthetic fuel	422
or generating facility is initiated.	423

(4)(a) Any permit issued pursuant to this chapter shall carry	424
with it the right of successive renewal upon expiration with	425
respect to areas within the boundaries of the permit. The holders	426
of the permit may apply for renewal and the renewal shall be	427
issued unless the chief determines by written findings, subsequent	428
to fulfillment of the public notice requirements of this section	429
and section 1513.071 of the Revised Code through demonstrations by	430
opponents of renewal or otherwise, that one or more of the	431
following circumstances exists:	432

(i) The terms and conditions of the existing permit are not	433
being satisfactorily met.	434

(ii) The present coal mining and reclamation operation is not	435
in compliance with the environmental protection standards of this	436
chapter.	437

(iii) The renewal requested substantially jeopardizes the	438
operator's continuing responsibilities on existing permit areas.	439

(iv) The applicant has not provided evidence that the	440
performance security in effect for the operation will continue in	441
effect for any renewal requested in the application.	442

(v) Any additional, revised, or updated information required	443
by the chief has not been provided. Prior to the approval of any	444
renewal of a permit, the chief shall provide notice to the	445
appropriate public authorities as prescribed by rule of the chief.	446

(b) If an application for renewal of a valid permit includes	447
a proposal to extend the mining operation beyond the boundaries	448
authorized in the existing permit, the portion of the application	449
for renewal of a valid permit that addresses any new land areas	450
shall be subject to the full standards applicable to new	451
applications under this chapter.	452

(c) A permit renewal shall be for a term not to exceed the	453
period of the original permit established by this chapter.	454
Application for permit renewal shall be made at least one hundred	455
twenty days prior to the expiration of the valid permit.	456

(5) A permit issued pursuant to this chapter does not	457
eliminate the requirements for obtaining a permit to install or	458
modify a disposal system or any part thereof or to discharge	459
sewage, industrial waste, or other wastes into the waters of the	460
state in accordance with Chapter 6111.sections 1513.50 to 1513.59	461
of the Revised Code.	462

(B)(1) The permit application shall be submitted in a manner	463
satisfactory to the chief and shall contain, among other things,	464
all of the following:	465

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

466

(i) The permit applicant;

467

(ii) Every legal owner of record of the property, surface and	468
mineral, to be mined;	469

(iii) The holders of record of any leasehold interest in the	470
property;	471

(iv) Any purchaser of record of the property under a real	472
estate contract;	473

(v) The operator if different from the applicant;

474

(vi) If any of these are business entities other than a	475
single proprietor, the names and addresses of the principals,	476
officers, and statutory agent for service of process.	477

(b) The names and addresses of the owners of record of all	478
surface and subsurface areas adjacent to any part of the permit	479
area;	480

(c) A statement of any current or previous coal mining	481
permits in the United States held by the applicant, the permit	482
identification, and any pending applications;	483

(d) If the applicant is a partnership, corporation,	484
association, or other business entity, the following where	485
applicable: the names and addresses of every officer, partner,	486
director, or person performing a function similar to a director,	487
of the applicant, the name and address of any person owning, of	488
record, ten per cent or more of any class of voting stock of the	489
applicant, a list of all names under which the applicant, partner,	490
or principal shareholder previously operated a coal mining	491
operation within the United States within the five-year period	492
preceding the date of submission of the application, and a list of	493
the person or persons primarily responsible for ensuring that the	494
applicant complies with the requirements of this chapter and rules	495
adopted pursuant thereto while mining and reclaiming under the	496
permit;	497

(e) A statement of whether the applicant, any subsidiary,	498
affiliate, or persons controlled by or under common control with	499
the applicant, any partner if the applicant is a partnership, any	500
officer, principal shareholder, or director if the applicant is a	501
corporation, or any other person who has a right to control or in	502
fact controls the management of the applicant or the selection of	503
officers, directors, or managers of the applicant:	504

(i) Has ever held a federal or state coal mining permit that	505
in the five-year period prior to the date of submission of the	506
application has been suspended or revoked or has had a coal mining	507
bond, performance security, or similar security deposited in lieu	508
of bond forfeited and, if so, a brief explanation of the facts	509
involved;	510

(ii) Has been an officer, partner, director, principal	511
shareholder, or person having the right to control or has in fact	512
controlled the management of or the selection of officers,	513
directors, or managers of a business entity that has had a coal	514
mining or surface mining permit that in the five-year period prior	515
to the date of submission of the application has been suspended or	516
revoked or has had a coal mining or surface mining bond,	517
performance security, or similar security deposited in lieu of	518
bond forfeited and, if so, a brief explanation of the facts	519
involved.	520

(f) A copy of the applicant's advertisement to be published	521
in a newspaper of general circulation in the locality of the	522
proposed site at least once a week for four successive weeks,	523
which shall include the ownership of the proposed mine, a	524
description of the exact location and boundaries of the proposed	525
site sufficient to make the proposed operation readily	526
identifiable by local residents, and the location where the	527
application is available for public inspection;	528

(g) A description of the type and method of coal mining	529
operation that exists or is proposed, the engineering techniques	530
proposed or used, and the equipment used or proposed to be used;	531

(h) The anticipated or actual starting and termination dates	532
of each phase of the mining operation and number of acres of land	533
to be affected;	534

(i) An accurate map or plan, to an appropriate scale, clearly	535
showing the land to be affected and the land upon which the	536
applicant has the legal right to enter and commence coal mining	537
operations, copies of those documents upon which is based the	538
applicant's legal right to enter and commence coal mining	539
operations, and a statement whether that right is the subject of	540
pending litigation. This chapter does not authorize the chief to	541
adjudicate property title disputes.	542

(j) The name of the watershed and location of the surface	543
stream or tributary into which drainage from the operation will be	544
discharged;	545

(k) A determination of the probable hydrologic consequences	546
of the mining and reclamation operations, both on and off the mine	547
site, with respect to the hydrologic regime, providing information	548
on the quantity and quality of water in surface and ground water	549
systems including the dissolved and suspended solids under	550
seasonal flow conditions and the collection of sufficient data for	551
the mine site and surrounding areas so that an assessment can be	552
made by the chief of the probable cumulative impacts of all	553
anticipated mining in the area upon the hydrology of the area and	554
particularly upon water availability, but this determination shall	555
not be required until hydrologic information of the general area	556
prior to mining is made available from an appropriate federal or	557
state agency; however, the permit shall not be approved until the	558
information is available and is incorporated into the application;	559

(l) When requested by the chief, the climatological factors	560
that are peculiar to the locality of the land to be affected,	561
including the average seasonal precipitation, the average	562
direction and velocity of prevailing winds, and the seasonal	563
temperature ranges;	564

(m) Accurate maps prepared by or under the direction of and	565
certified by a qualified registered professional engineer,	566
registered surveyor, or licensed landscape architect to an	567
appropriate scale clearly showing all types of information set	568
forth on topographical maps of the United States geological survey	569
of a scale of not more than four hundred feet to the inch,	570
including all artificial features and significant known	571
archeological sites. The map, among other things specified by the	572
chief, shall show all boundaries of the land to be affected, the	573
boundary lines and names of present owners of record of all	574
surface areas abutting the permit area, and the location of all	575
buildings within one thousand feet of the permit area.	576

(n)(i) Cross-section maps or plans of the land to be affected	577
including the actual area to be mined, prepared by or under the	578
direction of and certified by a qualified registered professional	579
engineer or certified professional geologist with assistance from	580
experts in related fields such as hydrology, hydrogeology,	581
geology, and landscape architecture, showing pertinent elevations	582
and locations of test borings or core samplings and depicting the	583
following information: the nature and depth of the various strata	584
of overburden; the nature and thickness of any coal or rider seam	585
above the coal seam to be mined; the nature of the stratum	586
immediately beneath the coal seam to be mined; all mineral crop	587
lines and the strike and dip of the coal to be mined within the	588
area to be affected; existing or previous coal mining limits; the	589
location and extent of known workings of any underground mines,	590
including mine openings to the surface; the location of spoil,	591
waste, or refuse areas and topsoil preservation areas; the	592
location of all impoundments for waste or erosion control; any	593
settling or water treatment facility; constructed or natural	594
drainways and the location of any discharges to any surface body	595
of water on the land to be affected or adjacent thereto; profiles	596
at appropriate cross sections of the anticipated final surface	597
configuration that will be achieved pursuant to the operator's	598
proposed reclamation plan; the location of subsurface water, if	599
encountered; the location and quality of aquifers; and the	600
estimated elevation of the water table. Registered surveyors shall	601
be allowed to perform all plans, maps, and certifications under	602
this chapter as they are authorized under Chapter 4733. of the	603
Revised Code.	604

(ii) A statement of the quality and locations of subsurface	605
water. The chief shall provide by rule the number of locations to	606
be sampled, frequency of collection, and parameters to be analyzed	607
to obtain the statement required.	608

(o) A statement of the results of test borings or core	609
samplings from the permit area, including logs of the drill holes,	610
the thickness of the coal seam found, an analysis of the chemical	611
properties of the coal, the sulfur content of any coal seam,	612
chemical analysis of potentially acid or toxic forming sections of	613
the overburden, and chemical analysis of the stratum lying	614
immediately underneath the coal to be mined, except that this	615
division may be waived by the chief with respect to the specific	616
application by a written determination that its requirements are	617
unnecessary. If the test borings or core samplings from the permit	618
area indicate the existence of potentially acid forming or toxic	619
forming quantities of sulfur in the coal or overburden to be	620
disturbed by mining, the application also shall include a	621
statement of the acid generating potential and the acid	622
neutralizing potential of the rock strata to be disturbed as	623
calculated in accordance with the calculation method established	624
under section 1513.075 of the Revised Code or with another	625
calculation method.	626

(p) For those lands in the permit application that a	627
reconnaissance inspection suggests may be prime farmlands, a soil	628
survey shall be made or obtained according to standards	629
established by the secretary of the United States department of	630
agriculture in order to confirm the exact location of the prime	631
farmlands, if any;	632

(q) A certificate issued by an insurance company authorized	633
to do business in this state certifying that the applicant has a	634
public liability insurance policy in force for the coal mining and	635
reclamation operations for which the permit is sought or evidence	636
that the applicant has satisfied other state self-insurance	637
requirements. The policy shall provide for personal injury and	638
property damage protection in an amount adequate to compensate any	639
persons damaged as a result of coal mining and reclamation	640
operations, including the use of explosives, and entitled to	641
compensation under the applicable provisions of state law. The	642
policy shall be maintained in effect during the term of the permit	643
or any renewal, including the length of all reclamation	644
operations. The insurance company shall give prompt notice to the	645
permittee and the chief if the public liability insurance policy	646
lapses for any reason including the nonpayment of insurance	647
premiums. Upon the lapse of the policy, the chief may suspend the	648
permit and all other outstanding permits until proper insurance	649
coverage is obtained.	650

(r) The business telephone number of the applicant;

651

(s) If the applicant seeks an authorization under division	652
(E)(7) of this section to conduct coal mining and reclamation	653
operations on areas to be covered by the permit that were affected	654
by coal mining operations before August 3, 1977, that have	655
resulted in continuing water pollution from or on the previously	656
mined areas, such additional information pertaining to those	657
previously mined areas as may be required by the chief, including,	658
without limitation, maps, plans, cross sections, data necessary to	659
determine existing water quality from or on those areas with	660
respect to pH, iron, and manganese, and a pollution abatement plan	661
that may improve water quality from or on those areas with respect	662
to pH, iron, and manganese.	663

(2) Information pertaining to coal seams, test borings, core	664
samplings, or soil samples as required by this section shall be	665
made available by the chief to any person with an interest that is	666
or may be adversely affected, except that information that	667
pertains only to the analysis of the chemical and physical	668
properties of the coal, excluding information regarding mineral or	669
elemental content that is potentially toxic in the environment,	670
shall be kept confidential and not made a matter of public record.	671

(3)(a) If the chief finds that the probable total annual	672
production at all locations of any operator will not exceed three	673
hundred thousand tons, the following activities, upon the written	674
request of the operator in connection with a permit application,	675
shall be performed by a qualified public or private laboratory or	676
another public or private qualified entity designated by the	677
chief, and the cost of the activities shall be assumed by the	678
chief, provided that sufficient moneys for such assistance are	679
available:	680

(i) The determination of probable hydrologic consequences	681
required under division (B)(1)(k) of this section;	682

(ii) The development of cross-section maps and plans required	683
under division (B)(1)(n)(i) of this section;	684

(iii) The geologic drilling and statement of results of test	685
borings and core samplings required under division (B)(1)(o) of	686
this section;	687

(iv) The collection of archaeological information required	688
under division (B)(1)(m) of this section and any other	689
archaeological and historical information required by the chief,	690
and the preparation of plans necessitated thereby;	691

(v) Pre-blast surveys required under division (E) of section	692
1513.161 of the Revised Code;	693

(vi) The collection of site-specific resource information and	694
production of protection and enhancement plans for fish and	695
wildlife habitats and other environmental values required by the	696
chief under this chapter.	697

(b) A coal operator that has received assistance under	698
division (B)(3)(a) of this section shall reimburse the chief for	699
the cost of the services rendered if the chief finds that the	700
operator's actual and attributed annual production of coal for all	701
locations exceeds three hundred thousand tons during the twelve	702
months immediately following the date on which the operator was	703
issued a coal mining and reclamation permit.	704

(4) Each applicant for a permit shall submit to the chief as	705
part of the permit application a reclamation plan that meets the	706
requirements of this chapter.	707

(5) Each applicant for a coal mining and reclamation permit	708
shall file a copy of the application for a permit, excluding that	709
information pertaining to the coal seam itself, for public	710
inspection with the county recorder or an appropriate public	711
office approved by the chief in the county where the mining is	712
proposed to occur.	713

(6) Each applicant for a coal mining and reclamation permit	714
shall submit to the chief as part of the permit application a	715
blasting plan that describes the procedures and standards by which	716
the operator will comply with section 1513.161 of the Revised	717
Code.	718

(C) Each reclamation plan submitted as part of a permit	719
application shall include, in the detail necessary to demonstrate	720
that reclamation required by this chapter can be accomplished, a	721
statement of:	722

(1) The identification of the lands subject to coal mining	723
operations over the estimated life of those operations and the	724
size, sequence, and timing of the subareas for which it is	725
anticipated that individual permits for mining will be sought;	726

(2) The condition of the land to be covered by the permit	727
prior to any mining including all of the following:	728

(a) The uses existing at the time of the application and, if	729
the land has a history of previous mining, the uses that preceded	730
any mining;	731

(b) The capability of the land prior to any mining to support	732
a variety of uses, giving consideration to soil and foundation	733
characteristics, topography, and vegetative cover and, if	734
applicable, a soil survey prepared pursuant to division (B)(1)(p)	735
of this section;	736

(c) The productivity of the land prior to mining, including	737
appropriate classification as prime farmlands as well as the	738
average yield of food, fiber, forage, or wood products obtained	739
from the land under high levels of management.	740

(3) The use that is proposed to be made of the land following	741
reclamation, including information regarding the utility and	742
capacity of the reclaimed land to support a variety of alternative	743
uses, the relationship of the proposed use to existing land use	744
policies and plans, and the comments of any owner of the land and	745
state and local governments or agencies thereof that would have to	746
initiate, implement, approve, or authorize the proposed use of the	747
land following reclamation;	748

(4) A detailed description of how the proposed postmining	749
land use is to be achieved and the necessary support activities	750
that may be needed to achieve the proposed land use;	751

(5) The engineering techniques proposed to be used in mining	752
and reclamation and a description of the major equipment; a plan	753
for the control of surface water drainage and of water	754
accumulation; a plan, where appropriate, for backfilling, soil	755
stabilization, and compacting, grading, and appropriate	756
revegetation; a plan for soil reconstruction, replacement, and	757
stabilization, pursuant to the performance standards in section	758
1513.16 of the Revised Code, for those food, forage, and forest	759
lands identified in that section; and an estimate of the cost per	760
acre of the reclamation, including a statement as to how the	761
permittee plans to comply with each of the requirements set out in	762
section 1513.16 of the Revised Code;	763

(6) A description of the means by which the utilization and	764
conservation of the solid fuel resource being recovered will be	765
maximized so that reaffecting the land in the future can be	766
minimized;	767

(7) A detailed estimated timetable for the accomplishment of	768
each major step in the reclamation plan;	769

(8) A description of the degree to which the coal mining and	770
reclamation operations are consistent with surface owner plans and	771
applicable state and local land use plans and programs;	772

(9) The steps to be taken to comply with applicable air and	773
water quality laws and regulations and any applicable health and	774
safety standards;	775

(10) A description of the degree to which the reclamation	776
plan is consistent with local physical, environmental, and	777
climatological conditions;	778

(11) A description of all lands, interests in lands, or	779
options on such interests held by the applicant or pending bids on	780
interests in lands by the applicant, which lands are contiguous to	781
the area to be covered by the permit;	782

(12) The results of test borings that the applicant has made	783
at the area to be covered by the permit, or other equivalent	784
information and data in a form satisfactory to the chief,	785
including the location of subsurface water, and an analysis of the	786
chemical properties, including acid forming properties of the	787
mineral and overburden; except that information that pertains only	788
to the analysis of the chemical and physical properties of the	789
coal, excluding information regarding mineral or elemental	790
contents that are potentially toxic in the environment, shall be	791
kept confidential and not made a matter of public record;	792

(13) A detailed description of the measures to be taken	793
during the mining and reclamation process to ensure the protection	794
of all of the following:	795

(a) The quality of surface and ground water systems, both on-	796
and off-site, from adverse effects of the mining and reclamation	797
process;	798

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

799

(c) The quantity of surface and ground water systems, both	800
on- and off-site, from adverse effects of the mining and	801
reclamation process or, where such protection of quantity cannot	802
be assured, provision of alternative sources of water.	803

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

804

(D)(1) Any information required by division (C) of this	805
section that is not on public file pursuant to this chapter shall	806
be held in confidence by the chief.	807

(2) With regard to requests for an exemption from the	808
requirements of this chapter for coal extraction incidental to the	809
extraction of other minerals, as described in division (H)(1)(a)	810
of section 1513.01 of the Revised Code, confidential information	811
includes and is limited to information concerning trade secrets or	812
privileged commercial or financial information relating to the	813
competitive rights of the persons intending to conduct the	814
extraction of minerals.	815

(E)(1) Upon the basis of a complete mining application and	816
reclamation plan or a revision or renewal thereof, as required by	817
this chapter, and information obtained as a result of public	818
notification and public hearingan informal conference, if any, as	819
provided by section 1513.071 of the Revised Code, the chief shall	820
grant, require modification of, or deny the application for a	821
permit in a reasonable time set by the chief and notify the	822
applicant in writing in accordance with division (I) of this	823
section. TheAn application is deemed to be complete as submitted	824
to the chief unless the chief, within fourteen days of the	825
submission, identifies deficiencies in the application in writing	826
and subsequently submits a copy of a written list of deficiencies	827
to the applicant.	828

A decision of the chief denying a permit shall state in	829
writing the specific reasons for the denial. After the denial and	830
if the applicant has amended the application and resubmitted it to	831
the chief, the chief shall grant or deny the amended application	832
not later than thirty days after the application is resubmitted.	833
If the chief fails to grant or deny the resubmitted application	834
not later than thirty days after it is resubmitted, the	835
application shall be deemed to be approved unless the failure to	836
grant or deny the application by the chief was caused by the	837
applicant's failure to supply information to the chief as required	838
by this chapter.	839

The applicant for a permit or revision of a permit has the	840
burden of establishing that the application is in compliance with	841
all the requirements of this chapter. Within ten days after the	842
granting of a permit, the chief shall notify the boards of	843
township trustees and county commissioners, the mayor, and the	844
legislative authority in the township, county, and municipal	845
corporation in which the area of land to be affected is located	846
that a permit has been issued and shall describe the location of	847
the land. However, failure of the chief to notify the local	848
officials shall not affect the status of the permit.	849

(2) NoA permit application or application for revision of an	850
existing permit shall be approved unlessif the application	851
affirmatively demonstrates and the chief finds in writing on the	852
basis of the information set forth in the application or from	853
information otherwise available, which shall be documented in the	854
approval and made available to the applicant, that all of the	855
following apply:	856

(a) The application is accurate and complete and all the	857
requirements of this chapter have been complied with.	858

(b) The applicant has demonstrated that the reclamation	859
required by this chapter can be accomplished under the reclamation	860
plan contained in the application.	861

(c)(i) Assessment of the probable cumulative impact of all	862
anticipated mining in the general and adjacent area on the	863
hydrologic balance specified in division (B)(1)(k) of this section	864
has been made by the chief, and the proposed operation has been	865
designed to prevent material damage to hydrologic balance outside	866
the permit area.	867

(ii) There shall be an ongoing process conducted by the chief	868
in cooperation with other state and federal agencies to review all	869
assessments of probable cumulative impact of coal mining in light	870
of post-mining data and any other hydrologic information as it	871
becomes available to determine if the assessments were realistic.	872
The chief shall take appropriate action as indicated in the review	873
process.	874

(d) The area proposed to be mined is not included within an	875
area designated unsuitable for coal mining pursuant to section	876
1513.073 of the Revised Code or is not within an area under study	877
for such designation in an administrative proceeding commenced	878
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the	879
Revised Code unless in an area as to which an administrative	880
proceeding has commenced pursuant to division (A)(3)(c) or (B) of	881
section 1513.073 of the Revised Code, the operator making the	882
permit application demonstrates that, prior to January 1, 1977,	883
the operator made substantial legal and financial commitments in	884
relation to the operation for which a permit is sought.	885

(e) In cases where the private mineral estate has been	886
severed from the private surface estate, the applicant has	887
submitted to the chief one of the following:	888

(i) The written consent of the surface owner to the	889
extraction of coal by strip mining methods;	890

(ii) A conveyance that expressly grants or reserves the right	891
to extract the coal by strip mining methods;	892

(iii) If the conveyance does not expressly grant the right to	893
extract coal by strip mining methods, the surface-subsurface legal	894
relationship shall be determined under the law of this state. This	895
chapter does not authorize the chief to adjudicate property rights	896
disputes.	897

(3)(a) The applicant shall file with the permit application a	898
schedule listing all notices of violations of any law, rule, or	899
regulation of the United States or of any department or agency	900
thereof or of any state pertaining to air or water environmental	901
protection incurred by the applicant in connection with any coal	902
mining operation during the three-year period prior to the date of	903
application. The schedule also shall indicate the final resolution	904
of such a notice of violation. Upon receipt of an application, the	905
chief shall provide a schedule listing all notices of violations	906
of this chapter pertaining to air or water environmental	907
protection incurred by the applicant during the three-year period	908
prior to receipt of the application and the final resolution of	909
all such notices of violation. The chief shall provide this	910
schedule to the applicant for filing by the applicant with the	911
application filed for public review, as required by division	912
(B)(5) of this section. When the schedule or other information	913
available to the chief indicates that any coal mining operation	914
owned or controlled by the applicant is currently in violation of	915
such laws, the permit shall not be issued until the applicant	916
submits proof that the violation has been corrected or is in the	917
process of being corrected to the satisfaction of the regulatory	918
authority, department, or agency that has jurisdiction over the	919
violation and that any civil penalties owed to the state for a	920
violation and not the subject of an appeal have been paid. No	921
permit shall be issued to an applicant after a finding by the	922
chief that the applicant or the operator specified in the	923
application controls or has controlled mining operations with a	924
demonstrated pattern of willful violations of this chapter of a	925
nature and duration to result in irreparable damage to the	926
environment as to indicate an intent not to comply with or a	927
disregard of this chapter.	928

(b) For the purposes of division (E)(3)(a) of this section,	929
any violation resulting from an unanticipated event or condition	930
at a surface coal mining operation on lands eligible for remining	931
under a permit held by the person submitting an application for a	932
coal mining permit under this section shall not prevent issuance	933
of that permit. As used in this division, "unanticipated event or	934
condition" means an event or condition encountered in a remining	935
operation that was not contemplated by the applicable surface coal	936
mining and reclamation permit.	937

(4)(a) In addition to finding the application in compliance	938
with division (E)(2) of this section, if the area proposed to be	939
mined contains prime farmland as determined pursuant to division	940
(B)(1)(p) of this section, the chief, after consultation with the	941
secretary of the United States department of agriculture and	942
pursuant to regulations issued by the secretary of the interior	943
with the concurrence of the secretary of agriculture, may grant a	944
permit to mine on prime farmland if the chief finds in writing	945
that the operator has the technological capability to restore the	946
mined area, within a reasonable time, to equivalent or higher	947
levels of yield as nonmined prime farmland in the surrounding area	948
under equivalent levels of management and can meet the soil	949
reconstruction standards in section 1513.16 of the Revised Code.	950

(b) Division (E)(4)(a) of this section does not apply to a	951
permit issued prior to August 3, 1977, or revisions or renewals	952
thereof.	953

(5) The chief shall issue an order denying a permit after	954
finding that the applicant has misrepresented or omitted any	955
material fact in the application for the permit.	956

(6) The chief may issue an order denying a permit after	957
finding that the applicant, any partner, if the applicant is a	958
partnership, any officer, principal shareholder, or director, if	959
the applicant is a corporation, or any other person who has a	960
right to control or in fact controls the management of the	961
applicant or the selection of officers, directors, or managers of	962
the applicant has been a sole proprietor or partner, officer,	963
director, principal shareholder, or person having the right to	964
control or has in fact controlled the management of or the	965
selection of officers, directors, or managers of a business entity	966
that ever has had a coal mining license or permit issued by this	967
or any other state or the United States suspended or revoked, ever	968
has forfeited a coal or surface mining bond, performance security,	969
or similar security deposited in lieu of bond in this or any other	970
state or with the United States, or ever has substantially or	971
materially failed to comply with this chapter.	972

(7) When issuing a permit under this section, the chief may	973
authorize an applicant to conduct coal mining and reclamation	974
operations on areas to be covered by the permit that were affected	975
by coal mining operations before August 3, 1977, that have	976
resulted in continuing water pollution from or on the previously	977
mined areas for the purpose of potentially reducing the pollution	978
loadings of pH, iron, and manganese from discharges from or on the	979
previously mined areas. Following the chief's authorization to	980
conduct such operations on those areas, the areas shall be	981
designated as pollution abatement areas for the purposes of this	982
chapter.	983

The chief shall not grant an authorization under division	984
(E)(7) of this section to conduct coal mining and reclamation	985
operations on any such previously mined areas unless the applicant	986
demonstrates to the chief's satisfaction that all of the following	987
conditions are met:	988

(a) The applicant's pollution abatement plan for mining and	989
reclaiming the previously mined areas represents the best	990
available technology economically achievable.	991

(b) Implementation of the plan will potentially reduce	992
pollutant loadings of pH, iron, and manganese resulting from	993
discharges of surface waters or ground water from or on the	994
previously mined areas within the permit area.	995

(c) Implementation of the plan will not cause any additional	996
degradation of surface water quality off the permit area with	997
respect to pH, iron, and manganese.	998

(d) Implementation of the plan will not cause any additional	999
degradation of ground water.	1000

(e) The plan meets the requirements governing mining and	1001
reclamation of such previously mined pollution abatement areas	1002
established by the chief in rules adopted under section 1513.02 of	1003
the Revised Code.	1004

(f) Neither the applicant; any partner, if the applicant is a	1005
partnership; any officer, principal shareholder, or director, if	1006
the applicant is a corporation; any other person who has a right	1007
to control or in fact controls the management of the applicant or	1008
the selection of officers, directors, or managers of the	1009
applicant; nor any contractor or subcontractor of the applicant,	1010
has any of the following:	1011

(i) Responsibility or liability under this chapter or rules	1012
adopted under it as an operator for treating the discharges of	1013
water pollutants from or on the previously mined areas for which	1014
the authorization is sought;	1015

(ii) Any responsibility or liability under this chapter or	1016
rules adopted under it for reclaiming the previously mined areas	1017
for which the authorization is sought;	1018

(iii) During the eighteen months prior to submitting the	1019
permit application requesting an authorization under division	1020
(E)(7) of this section, had a coal mining and reclamation permit	1021
suspended or revoked under division (D)(3) of section 1513.02 of	1022
the Revised Code for violating this chapter or Chapter 6111. of	1023
the Revised Code or rules adopted under them with respect to water	1024
quality, effluent limitations, or surface or ground water	1025
monitoring;	1026

(iv) Ever forfeited a coal or surface mining bond,	1027
performance security, or similar security deposited in lieu of a	1028
bond in this or any other state or with the United States.	1029

(8) In the case of the issuance of a permit that involves a	1030
conflict of results between various methods of calculating	1031
potential acidity and neutralization potential for purposes of	1032
assessing the potential for acid mine drainage to occur at a mine	1033
site, the permit shall include provisions for monitoring and	1034
record keeping to identify the creation of unanticipated acid	1035
water at the mine site. If the monitoring detects the creation of	1036
acid water at the site, the permit shall impose on the permittee	1037
additional requirements regarding mining practices and site	1038
reclamation to prevent the discharge of acid mine drainage from	1039
the mine site. As used in division (E)(8) of this section,	1040
"potential acidity" and "neutralization potential" have the same	1041
meanings as in section 1513.075 of the Revised Code.	1042

(F)(1) During the term of the permit, the permittee may	1043
submit an application for a revision of the permit, together with	1044
a revised reclamation plan, to the chief.	1045

(2) An application for a revision of a permit shall not be	1046
approved unless the chief finds that reclamation required by this	1047
chapter can be accomplished under the revised reclamation plan.	1048
The revision shall be approved or disapproved within ninety days	1049
after receipt of a complete revision application. The chief shall	1050
establish, by rule, criteria for determining the extent to which	1051
all permit application information requirements and procedures,	1052
including notice and hearings, shall apply to the revision	1053
request, except that any revisions that propose significant	1054
alterations in the reclamation plan, at a minimum, shall be	1055
subject to notice and hearing requirements.	1056

(3) Any extensions to the area covered by the permit except	1057
incidental boundary revisions shall be made by application for a	1058
permit.	1059

(G) No transfer, assignment, or sale of the rights granted	1060
under a permit issued pursuant to this chapter shall be made	1061
without the written approval of the chief.	1062

(H) The chief, within a time limit prescribed in the chief's	1063
rules, shall review outstanding permits and may require reasonable	1064
revision or modification of a permit. A revision or modification	1065
shall be based upon a written finding and subject to notice and	1066
hearing requirements established by rule of the chief.	1067

(I)(1) If an informal conference has been held pursuant to	1068
section 1513.071 of the Revised Code, the chief shall issue and	1069
furnish the applicant for a permit, persons who participated in	1070
the informal conference, and persons who filed written objections	1071
pursuant to division (B) of section 1513.071 of the Revised Code,	1072
with the written finding of the chief granting or denying the	1073
permit in whole or in part and stating the reasons therefor within	1074
sixtyfourteen days of the conference and not later than one	1075
hundred eighty days after the applicant's submission of a complete	1076
application. If the chief fails to grant or deny the application	1077
not later than one hundred eighty days after a complete	1078
application was submitted, the application shall be deemed to be	1079
approved unless the failure to grant or deny the application by	1080
the chief was caused by the applicant's failure to supply	1081
information to the chief as required by this chapter.	1082

(2) If there has been no informal conference held pursuant to	1083
section 1513.071 of the Revised Code, the chief shall notify	1084
submit to the applicant for a permit within a reasonable time as	1085
provided by rule of the chief, taking into account the time	1086
needed for proper investigation of the site, the complexity of	1087
the permit application, whether or not a written objection to the	1088
application has been filed, and whether the application has been	1089
approved or disapproved in whole or in partthe written finding	1090
of the chief granting or denying the permit in whole or in part as	1091
soon as possible, but not later than one hundred eighty days after	1092
the applicant's submission of a complete application. If the chief	1093
fails to grant or deny the application not later than one hundred	1094
eighty days after a complete application was submitted, the	1095
application shall be deemed to be approved unless the failure to	1096
grant or deny the application by the chief was caused by the	1097
applicant's failure to supply information to the chief as required	1098
by this chapter.	1099

(3) When necessary to meet the mandatory deadlines for	1100
granting or denying an application for a permit under this	1101
section, the chief shall approve staff overtime and, if necessary,	1102
enter into contracts with persons having the requisite experience	1103
to assist with the review of permit applications. With respect to	1104
a permit application, persons with whom the chief contracts shall	1105
not have been employed by the permit applicant for a period of one	1106
hundred eighty days prior to the time when the complete permit	1107
application was submitted. Such persons shall not be employed by	1108
the permit applicant during the permit application process.	1109

(4) If the application is approved, the permit shall be	1110
issued. If the application is disapproved, specific reasons	1111
therefor shall be set forth in the notification. Within thirty	1112
days after the applicant is notified of the final decision of the	1113
chief on the permit application, the applicant or any person with	1114
an interest that is or may be adversely affected may appeal the	1115
decision to the reclamation commission pursuant to section 1513.13	1116
of the Revised Code.	1117

(4)(5) Any applicant or any person with an interest that is	1118
or may be adversely affected who has participated in the	1119
administrative proceedings as an objector and is aggrieved by the	1120
decision of the reclamation commission, or if the commission fails	1121
to act within the time limits specified in this chapter, may	1122
appeal in accordance with section 1513.14 of the Revised Code.	1123

Sec. 1513.181. (A) There is hereby created in the state	1124
treasury the coal mining administration and reclamation reserve	1125
fund. The fund shall be used for the administration and	1126
enforcement of this chapter. The	1127

(B) Money in the fund also shall be used to hire additional	1128
full-time technical review staff for the purpose of meeting	1129
mandatory deadlines established for granting or denying permits in	1130
division (I) of section 1513.07 of the Revised Code. If the chief	1131
of the division of mineral resources management determines it to	1132
be necessary, the chief may request the general assembly to	1133
increase the coal severance tax that is levied in section 5749.02	1134
of the Revised Code by up to four cents per ton if the chief	1135
determines that additional funding is necessary to ensure	1136
compliance with those mandatory deadlines. Any money derived from	1137
an increase in the coal severance tax that is requested by the	1138
chief under this division shall be used only to hire additional	1139
full-time technical review staff for the purpose of meeting those	1140
mandatory deadlines.	1141

(C) The chief of the division of mineral resources management	1142
may transfer not more than one million dollars annually from the	1143
fund to the reclamation forfeiture fund created in section 1513.18	1144
of the Revised Code to complete reclamation of lands affected by	1145
coal mining under a permit issued under this chapter that the	1146
operator failed to reclaim and for which the operator's	1147
performance security is insufficient to complete the reclamation.	1148
Within ten days before or after the beginning of each calendar	1149
quarter, the chief may certify to the director of budget and	1150
management the amount of money needed to perform such reclamation	1151
during the quarter for transfer from the coal mining	1152
administration and reclamation reserve fund to the reclamation	1153
forfeiture fund.	1154

(D) If the director of natural resources determines it to be	1155
necessary, the director may request the controlling board to	1156
transfer an amount of money from the coal mining administration	1157
and reclamation reserve fund to the unreclaimed lands fund created	1158
in section 1513.30 of the Revised Code.	1159

Sec. 1513.50.  As used in sections 1513.50 to 1513.57 of the	1160
Revised Code:	1161

(A) "Federal Water Pollution Control Act" has the same	1162
meaning as in section 6111.01 of the Revised Code.	1163

(B) "Installation permit" has the same meaning as in section	1164
903.01 of the Revised Code.	1165

(C) "NPDES permit" means a permit issued under the national	1166
pollutant discharge elimination system established in section 402	1167
of the Federal Water Pollution Control Act and includes the	1168
renewal of such a permit.	1169

(D) "Rule" or "rules" mean rules adopted by the chief of the	1170
division of mineral resources management under section 1513.57 of	1171
the Revised Code.	1172

(E) "Section 401 water quality certification" means	1173
certification issued pursuant to section 401 of the Federal Water	1174
Pollution Control Act, sections 1513.51 and 1513.52 of the Revised	1175
Code, and rules that any discharge related to a coal mining and	1176
reclamation operation will comply with sections 301, 302, 303,	1177
306, and 307 of the Federal Water Pollution Control Act.	1178

Sec. 1513.51.  Notwithstanding Chapter 6111. of the Revised	1179
Code and on and after the effective date of the rules adopted by	1180
the chief of the division of mineral resources management, the	1181
operator of a coal mining and reclamation operation that is	1182
required to obtain a federal license or permit for which a section	1183
401 water quality certification is a prerequisite shall obtain	1184
that certification from the chief. After the rules are adopted, if	1185
a coal mining and reclamation operation includes a project for	1186
which a section 401 water quality certification is required, the	1187
director of environmental protection shall not issue the	1188
certification. Instead, the certification shall be issued by the	1189
chief in accordance with section 1513.52 of the Revised Code and	1190
rules.	1191

Sec. 1513.52.  (A) The operator of a coal mining and	1192
reclamation operation that includes a project for which a section	1193
401 water quality certification is required shall submit an	1194
application for the certification on a form provided by the chief	1195
of the division of mineral resources management. If a section 401	1196
water quality certification is required in order for a person to	1197
receive a coal mining and reclamation permit, the application for	1198
the section 401 water quality certification shall be submitted	1199
contemporaneously with the application for the coal mining and	1200
reclamation permit. The application for the section 401 water	1201
quality certification shall include all information that is	1202
required on the form as well as all of the following:	1203

(1) A copy of a letter from the United States army corps of	1204
engineers documenting its jurisdiction over the wetlands, streams,	1205
or other waters of the state that are the subject of the section	1206
401 water quality certification application;	1207

(2) If the project involves impacts to a wetland, a wetland	1208
characterization analysis consistent with the Ohio rapid	1209
assessment method;	1210

(3) A specific and detailed mitigation proposal, including	1211
the location and proposed legal mechanism for protecting the	1212
property in perpetuity;	1213

(4) Applicable fees;

1214

(5) Site photographs;

1215

(6) Adequate documentation confirming that the applicant has	1216
requested comments from appropriate divisions in the department of	1217
natural resources and the United States fish and wildlife service	1218
regarding threatened and endangered species, including the	1219
presence or absence of critical habitat;	1220

(7) Descriptions, schematics, and appropriate economic	1221
information concerning the applicant's preferred alternative,	1222
nondegradation alternatives, and minimum degradation alternatives	1223
for the design and operation of the project;	1224

(8) The applicant's investigation report of the waters of the	1225
United States in support of a section 404 permit application	1226
concerning the project;	1227

(9) A copy of the United States army corps of engineers'	1228
public notice regarding the section 404 permit application	1229
concerning the project.	1230

(B) Not later than fifteen business days after the receipt of	1231
an application for a section 401 water quality certification, the	1232
chief shall review the application to determine if it is complete	1233
and shall notify the applicant in writing as to whether the	1234
application is complete. If the chief fails to notify the	1235
applicant within fifteen business days regarding the completeness	1236
of the application, the application is considered complete. If the	1237
chief determines that the application is not complete, the chief	1238
shall include with the written notification an itemized list of	1239
the information or materials that are necessary to complete the	1240
application. If the applicant fails to provide the information or	1241
materials within sixty days after the chief's receipt of the	1242
application, the chief may return the incomplete application to	1243
the applicant and take no further action on the application. If	1244
the application is returned to the applicant because it is	1245
incomplete, the chief shall return any application fee levied by	1246
rules.	1247

(C) Not later than twenty-one days after a determination that	1248
an application is complete under division (B) of this section, the	1249
applicant shall publish public notice of the chief's receipt of	1250
the complete application in a newspaper of general circulation in	1251
the county in which the project that is the subject of the	1252
application is located. The public notice shall be in a form	1253
acceptable to the chief. The applicant shall promptly provide the	1254
chief with proof of publication.	1255

The chief shall apply the antidegradation policy adopted	1256
under section 6111.12 of the Revised Code to certifications issued	1257
under this section to the same degree and under the same	1258
circumstances as it applies to permits issued under Chapter 6111.	1259
of the Revised Code.	1260

(D) If the chief determines that there is significant public	1261
interest in a public hearing as evidenced by the public comments	1262
received concerning the application and by other requests for a	1263
public hearing on the application, the chief or the chief's	1264
representative shall conduct a public hearing concerning the	1265
application. Notice of the public hearing shall be published by	1266
the applicant, subject to review and approval by the chief, at	1267
least thirty days prior to the date of the hearing in a newspaper	1268
of general circulation in the county in which the project that is	1269
the subject of the application is to take place. If a public	1270
hearing is requested concerning an application, the chief shall	1271
accept comments concerning the application until five business	1272
days after the public hearing. A public hearing conducted under	1273
this division shall take place not later than one hundred days	1274
after the application is determined to be complete.	1275

(E) The chief shall forward all public comments concerning an	1276
application submitted under this section that are received through	1277
the public involvement process required by this section and rules	1278
to the applicant not later than five business days after receipt	1279
of the comments by the chief.	1280

(F) The applicant shall respond in writing to written	1281
comments or to deficiencies identified by the chief during the	1282
course of reviewing the application not later than fifteen days	1283
after receiving or being notified of them.	1284

(G) The chief shall issue or deny a section 401 water quality	1285
certification not later than one hundred eighty days after the	1286
complete application for the certification is received. The chief	1287
shall provide an applicant for a section 401 water quality	1288
certification with an opportunity to review the certification	1289
prior to its issuance.	1290

(H) The director of environmental protection shall provide	1291
the chief with access to the database established under section	1292
6111.30 of the Revised Code that includes environmentally	1293
beneficial water restoration and protection projects that may	1294
serve as potential mitigation projects for projects in the state	1295
for which a section 401 water quality certification is required.	1296

(I) Notwithstanding any other provision of this chapter,	1297
appeals of actions of the chief regarding section 401 water	1298
quality certifications shall be made to the reclamation commission	1299
under section 1513.13 of the Revised Code.	1300

Sec. 1513.53.  (A)(1) Not later than one hundred eighty days	1301
after the effective date of this section, the chief of the	1302
division of mineral resources management shall prepare a program	1303
for the issuance of permits to install for disposal systems at	1304
coal mining and reclamation operations under this section.	1305

(2) On and after the date on which the chief has finalized	1306
the program required under division (A)(1) of this section, no	1307
person shall modify an existing or construct a new disposal system	1308
at a coal mining and reclamation operation without first obtaining	1309
a permit to install issued by the chief under this section.	1310

(B) The chief or the chief's authorized representative may	1311
help an applicant for a permit to install during the permitting	1312
process by providing guidance and technical assistance.	1313

(C) An applicant for a permit to install shall submit an	1314
application to the chief on a form that the chief prescribes and	1315
provides together with a fee in an amount established by rule. The	1316
applicant shall include with the application all of the following	1317
information:	1318

(1) The name and address of the applicant, of all partners if	1319
the applicant is a partnership or of all officers and directors if	1320
the applicant is a corporation, and of any other person who has a	1321
right to control or in fact controls management of the applicant	1322
or the selection of officers, directors, or managers of the	1323
applicant;	1324

(2) Designs and plans for the proposed construction of the	1325
disposal system that include the proposed location of the	1326
construction, design and construction plans and specifications,	1327
anticipated beginning and ending dates for work performed, and any	1328
other information that the chief requires by rule;	1329

(3) A statement of the quantity of water that the disposal	1330
system will utilize on an average daily and annual basis, a	1331
detailed description of the basis for the calculation utilized in	1332
determining the quantity of water utilized, and a statement	1333
identifying the source for the water;	1334

(4) Any other information required by rule.

1335

Information required to be included in an application for the	1336
modification of a permit to install, together with the applicable	1337
fee amount, shall be established in rules.	1338

(D) The chief shall issue permits to install in accordance	1339
with rules. The chief shall deny a permit to install if either of	1340
the following applies:	1341

(1) The permit application contains misleading or false	1342
information.	1343

(2) The designs and plans fail to conform to best management	1344
practices.	1345

Additional grounds for the denial of a permit to install	1346
shall be those established in rules.	1347

(E) A permit to install shall expire after a period specified	1348
by the chief unless the applicant has undertaken a continuing	1349
program of construction or has entered into a binding contractual	1350
obligation to undertake and complete a continuing program of	1351
construction within a reasonable time. The chief may extend the	1352
expiration date of a permit to install upon request of the	1353
applicant.	1354

(F) The chief may modify, suspend, or revoke a permit to	1355
install in accordance with rules.	1356

(G) Notwithstanding any other provision of this chapter,	1357
appeals of actions of the chief regarding permits to install shall	1358
be made to the reclamation commission under section 1513.13 of	1359
the Revised Code.	1360

Sec. 1513.54.  (A) On and after the date on which the chief	1361
of the division of mineral resources management has finalized the	1362
program required under division (A)(1) of section 1513.53 of the	1363
Revised Code, the authority to enforce terms and conditions of	1364
installation permits that previously were issued to coal mining	1365
and reclamation operations shall be transferred from the director	1366
of environmental protection to the chief. Thereafter, the director	1367
of environmental protection shall have no authority to enforce the	1368
terms and conditions of those installation permits. On and after	1369
the date on which the chief has finalized the program required	1370
under division (A)(1) of section 1513.53 of the Revised Code, an	1371
installation permit concerning which enforcement authority has	1372
been transferred shall be deemed to have been issued under that	1373
section.	1374

(B) Not later than two years after the date on which the	1375
chief has finalized the program required under division (A)(1) of	1376
section 1513.53 of the Revised Code, the chief shall review the	1377
installation permit that previously was issued to a coal mining	1378
and reclamation operation and shall inspect the operation to	1379
determine if it is in compliance with that permit.	1380

Sec. 1513.55.  (A)(1) The chief of the division of mineral	1381
resources management is authorized to participate in the national	1382
pollutant discharge elimination system in accordance with the	1383
Federal Water Pollution Control Act with respect to coal mining	1384
and reclamation operations. Not later than one hundred eighty days	1385
after the effective date of this section, the chief shall prepare	1386
a state program in accordance with 40 C.F.R. 123.21 for coal	1387
mining and reclamation operations at which point sources are	1388
located and shall submit the program to the United States	1389
environmental protection agency for approval.	1390

(2) On and after the date on which the United States	1391
environmental protection agency approves the state program	1392
submitted under division (A)(1) of this section, the authority to	1393
enforce terms and conditions of NPDES permits previously issued to	1394
operators of coal mining and reclamation operations under division	1395
(J) of section 6111.03 of the Revised Code for discharges into the	1396
waters of the state is transferred from the director of	1397
environmental protection to the chief of the division of mineral	1398
resources management. Thereafter, the director of environmental	1399
protection shall have no authority to enforce the terms and	1400
conditions of those NPDES permits. After the transfer of authority	1401
under division (A)(2) of this section, the NPDES permits	1402
concerning which authority has been transferred shall be	1403
considered to have been issued under this section.	1404

(B)(1) On and after the date on which the United States	1405
environmental protection agency approves the NPDES program	1406
submitted by the chief of the division of mineral resources	1407
management under this section, no coal mining and reclamation	1408
operation shall discharge wastes of any sort from a point source	1409
into the waters of the state without first obtaining a NPDES	1410
permit issued by the chief under this section. The chief is	1411
authorized to issue, revoke, modify, or deny such an individual	1412
NPDES permit as defined in rules or issue, revoke, or deny	1413
coverage under a general NPDES permit as defined in rules in	1414
compliance with all requirements of the Federal Water Pollution	1415
Control Act. Violation of division (B)(1) of this section is	1416
hereby declared to be a public nuisance for purposes of state	1417
enforcement of this section.	1418

(2) Coal mining and reclamation operations that have been	1419
issued a NPDES permit by the director of environmental protection	1420
under division (J) of section 6111.03 of the Revised Code for	1421
discharges into the waters of the state prior to the date on which	1422
the United States environmental protection agency approves the	1423
NPDES program submitted by the chief under this section may	1424
continue to operate under that NPDES permit until it expires or is	1425
modified or revoked. Such a NPDES permit shall be enforced by the	1426
chief upon the transfer of authority to enforce the terms and	1427
conditions of the NPDES permit under division (A)(2) of this	1428
section.	1429

(C)(1) On and after the date on which the United States	1430
environmental protection agency approves the NPDES program	1431
submitted by the chief under this section, no person shall	1432
discharge storm water resulting from a coal mining and reclamation	1433
operation without first obtaining a NPDES permit issued by the	1434
chief in accordance with rules when such a NPDES permit is	1435
required by the Federal Water Pollution Control Act. Violation of	1436
division (C)(1) of this section is hereby declared to be a public	1437
nuisance for purposes of state enforcement of this section.	1438

(2) Persons that have been issued a NPDES permit by the	1439
director of environmental protection under Chapter 6111. of the	1440
Revised Code for the discharge of storm water from a coal mining	1441
and reclamation operation prior to the date on which the United	1442
States environmental protection agency approves the NPDES program	1443
submitted by the chief under this section may continue to operate	1444
under that NPDES permit until it expires or is modified or	1445
revoked. Such a NPDES permit shall be enforced by the chief upon	1446
the transfer of authority to enforce the terms and conditions of	1447
the NPDES permit under division (A)(2) of this section.	1448

(D) In accordance with rules, an applicant for a NPDES permit	1449
issued under this section shall submit a fee in an amount	1450
established by rule together with, except as otherwise provided in	1451
division (F) of this section, an application for the NPDES permit	1452
to the chief on a form prescribed by the chief. The application	1453
shall include any information required by rule. The chief or the	1454
chief's authorized representative may help an applicant for a	1455
NPDES permit during the application process by providing guidance	1456
and technical assistance.	1457

(E) The chief shall issue NPDES permits in accordance with	1458
this section and section 1513.56 of the Revised Code. The chief	1459
shall deny an application for a NPDES permit if any of the	1460
following applies:	1461

(1) The application contains misleading or false information.

1462

(2) The administrator of the United States environmental	1463
protection agency objects in writing to the issuance of the NPDES	1464
permit in accordance with section 402(d) of the Federal Water	1465
Pollution Control Act.	1466

(3) The chief determines that the proposed discharge or	1467
source would conflict with an areawide waste treatment management	1468
plan adopted in accordance with section 208 of the Federal Water	1469
Pollution Control Act.	1470

Additional grounds for the denial of a NPDES permit shall be	1471
those established in rules.	1472

(F) To the extent consistent with the Federal Water Pollution	1473
Control Act, the chief shall issue general NPDES permits that will	1474
apply in lieu of individual NPDES permits for categories of point	1475
sources from coal mining and reclamation operations for which the	1476
chief determines that all of the following apply:	1477

(1) Any discharges authorized by a general NPDES permit will	1478
have only minimal cumulative adverse effects on the environment	1479
when the discharges are considered collectively and individually.	1480

(2) The discharges are more appropriately authorized by a	1481
general NPDES permit than by an individual NPDES permit.	1482

(3) Each category of point sources satisfies the criteria	1483
established in rules.	1484

A person who is required to obtain a NPDES permit shall	1485
submit to the chief a notice of the person's intent to be covered	1486
under an existing general NPDES permit or, at the person's option,	1487
an application for an individual NPDES permit. Upon receipt of a	1488
notice of intent for coverage under an existing general NPDES	1489
permit, the chief shall notify the applicant in writing that the	1490
person is covered by the general NPDES permit if the person	1491
satisfies the criteria established in rules for eligibility for	1492
such coverage. If the person is ineligible for coverage under the	1493
general NPDES permit, the chief shall require the submission of an	1494
application for an individual NPDES permit.	1495

(G) The chief shall establish terms and conditions of NPDES	1496
permits in accordance with rules. Terms and conditions shall be	1497
designed to achieve and maintain full compliance with national	1498
effluent limitations, national standards of performance for new	1499
sources, the most current water quality standards adopted under	1500
section 6111.041 of the Revised Code, the most current	1501
antidegradation policy adopted under section 6111.12 of the	1502
Revised Code, and other requirements of the Federal Water	1503
Pollution Control Act. In establishing the terms and conditions of	1504
a NPDES permit, the chief, to the extent consistent with that act,	1505
shall consider technical feasibility and economic costs and shall	1506
allow a reasonable period of time for coming into compliance with	1507
the NPDES permit.	1508

(H) A NPDES permit may be issued under this section for a	1509
period not to exceed five years.	1510

(I) A NPDES permit issued under this section may be renewed.	1511
An application for renewal of a NPDES permit shall be submitted to	1512
the chief at least one hundred eighty days prior to the expiration	1513
date of the NPDES permit and shall comply with the requirements	1514
governing applications for NPDES permits established under this	1515
section and by rule.	1516

(J)(1) No person shall make any false statement,	1517
representation, or certification in an application for a NPDES	1518
permit or in any form, notice, or report required to be submitted	1519
to the chief pursuant to terms and conditions established in a	1520
NPDES permit issued under this section.	1521

(2) No person shall render inaccurate any monitoring method	1522
or device that is required under the terms and conditions of a	1523
NPDES permit issued under this section.	1524

(K)(1) The chief may modify, suspend, or revoke a NPDES	1525
permit issued under this section for cause as established by	1526
rules. No NPDES permit issued under this section shall be	1527
modified, suspended, or revoked without a written order stating	1528
the findings that led to the modification, suspension, or	1529
revocation. In addition, the permittee has a right to an	1530
administrative hearing in accordance with Chapter 119. of the	1531
Revised Code, except that section 119.12 of the Revised Code does	1532
not apply.	1533

(2) Notwithstanding any other provision of this chapter,	1534
appeals of actions of the chief regarding NPDES permits shall be	1535
made to the reclamation commission under section 1513.13 of the	1536
Revised Code.	1537

(L)(1) No person shall violate any effluent limitation	1538
established by rules.	1539

(2) No person shall violate any other provision of a NPDES	1540
permit issued under this section.	1541

(3) Compliance with a NPDES permit issued under this section	1542
constitutes compliance with this section.	1543

(M) This section, including the state program authorized in	1544
division (A)(1) of this section, shall be administered in a manner	1545
consistent with the Federal Water Pollution Control Act.	1546

Sec. 1513.56.  (A) Prior to issuing or modifying a NPDES	1547
permit, the chief of the division of mineral resources management	1548
shall issue a draft NPDES permit. The chief or the chief's	1549
representative shall mail notice of the issuance of a draft NPDES	1550
permit to the applicant and shall publish the notice once in a	1551
newspaper of general circulation in the county in which the coal	1552
mining and reclamation operation is located or proposed to be	1553
located. The chief shall mail notice of the issuance of a draft	1554
NPDES permit and a copy of the draft NPDES permit to the board of	1555
county commissioners of the county and the board of township	1556
trustees of the township in which the operation is located or	1557
proposed to be located. The chief or the chief's representative	1558
also shall provide notice of the issuance of a draft NPDES permit	1559
to any other persons that are entitled to notice under the Federal	1560
Water Pollution Control Act. Notice of the issuance of a draft	1561
NPDES permit shall include the address where written comments	1562
concerning the draft NPDES permit may be submitted and the period	1563
of time during which comments will be accepted as established by	1564
rule.	1565

If the chief receives written comments in an amount that	1566
demonstrates significant public interest, as defined by rule, in	1567
the draft NPDES permit, the chief shall schedule one public	1568
meeting to provide information to the public and to hear comments	1569
pertinent to the draft NPDES permit. The notice of the public	1570
meeting shall be provided in the same manner as the notice of the	1571
issuance of the draft NPDES permit.	1572

(B) The chief shall apply the antidegradation policy adopted	1573
under section 6111.12 of the Revised Code to NPDES permits issued	1574
under this section and section 1513.55 of the Revised Code to the	1575
same degree and under the same circumstances as it applies to	1576
permits issued under Chapter 6111. of the Revised Code. The chief	1577
shall hold one public meeting to consider antidegradation issues	1578
when such a meeting is required by the antidegradation policy.	1579
When allowed by the antidegradation policy, the chief shall hold	1580
the public meeting on antidegradation issues concurrently with any	1581
public meeting held for the draft NPDES permit.	1582

(C) The chief or the chief's representative shall publish	1583
notice of the issuance of a final NPDES permit once in a newspaper	1584
of general circulation in the county in which the coal mining and	1585
reclamation operation is located or is proposed to be located.	1586

(D) Failure of the chief to provide notice or a public	1587
meeting shall invalidate a NPDES permit only if the failure is	1588
raised by, and was relied upon to the detriment of, a person that	1589
is entitled to appeal the NPDES permit. Notice of a public meeting	1590
is not required for the modification of a NPDES permit made with	1591
the consent of the permittee for the correction of typographical	1592
errors.	1593

(E) The denial, modification, suspension, or revocation of a	1594
NPDES permit without the consent of the applicant or permittee	1595
shall be preceded by a proposed action stating the chief's	1596
intention to issue an order with respect to the NPDES permit and	1597
the reasons for it.	1598

(F) The chief shall mail to the applicant or the permittee	1599
notice of the chief's proposed action to deny, suspend, or revoke	1600
a NPDES permit. The chief shall publish the notice once in a	1601
newspaper of general circulation in the county in which the coal	1602
mining and reclamation operation is located or proposed to be	1603
located. The chief shall mail a copy of the notice of the proposed	1604
action to the board of county commissioners of the county and to	1605
the board of township trustees of the township in which the coal	1606
mining and reclamation operation is located or proposed to be	1607
located. The chief also shall provide notice of the chief's	1608
proposed action to deny, suspend, or revoke a NPDES permit to any	1609
other person that is entitled to notice under the Federal Water	1610
Pollution Control Act. The notice of the chief's proposed action	1611
to deny, suspend, or revoke a NPDES permit shall include the	1612
address where written comments concerning the chief's proposed	1613
action may be submitted and the period of time during which	1614
comments will be accepted as established by rule. If the chief	1615
receives written comments in an amount that demonstrates	1616
significant public interest, as defined by rule, the chief shall	1617
schedule one public meeting to provide information to the public	1618
and to hear comments pertinent to the proposed action. The notice	1619
of the public meeting shall be provided in the same manner as the	1620
notice of the chief's proposed action.	1621

(G) The chief shall not issue an order that makes the	1622
proposed action final until the applicant or permittee has had an	1623
opportunity for an adjudication hearing in accordance with Chapter	1624
119. of the Revised Code, except that section 119.12 of the	1625
Revised Code does not apply.	1626

(H) In the case of the transfer of ownership of a coal mining	1627
and reclamation operation for which a NPDES permit has been	1628
issued, the NPDES permit shall be transferred in accordance with	1629
rules.	1630

(I) Applications for NPDES permits for the discharge of storm	1631
water resulting from a coal mining and reclamation operation that	1632
is pending before the director of environmental protection on the	1633
date on which the United States environmental protection agency	1634
approves the NPDES program submitted by the chief under section	1635
1513.55 of the Revised Code shall be transferred to the chief.	1636

Sec. 1513.57.  The chief of the division of mineral resources	1637
management shall adopt rules in accordance with Chapter 119. of	1638
the Revised Code that do all of the following:	1639

(A) Establish requirements and procedures for the issuance of	1640
section 401 water quality certifications to coal mining and	1641
reclamation operations, including procedures for public notice and	1642
public hearings in addition to those established in section	1643
1513.52 of the Revised Code. The rules adopted under division (A)	1644
of this section shall be substantially similar to rules governing	1645
section 401 water quality certifications adopted by the director	1646
of environmental protection under Chapter 6111. of the Revised	1647
Code. In addition, the rules shall establish a schedule of fees to	1648
be charged for the issuance of section 401 water quality	1649
certifications.	1650

(B) Establish any procedures and requirements necessary for	1651
the transfer of the section 401 water quality certification	1652
program with respect to coal mining and reclamation operations	1653
from the environmental protection agency to the division of	1654
mineral resources management. The chief shall adopt rules under	1655
division (B) of this section in consultation with the director of	1656
environmental protection, the United States army corps of	1657
engineers, and the United States environmental protection agency.	1658

(C) Establish all of the following concerning permits to	1659
install:	1660

(1) A description of what constitutes a modification of a	1661
disposal system at a coal mining and reclamation operation;	1662

(2) The amount of the fee that must be submitted with each	1663
application for a permit to install and each application for a	1664
modification of a permit to install;	1665

(3) Information that must be included in the designs and	1666
plans required to be submitted with an application for a permit to	1667
install and criteria for approving, disapproving, or requiring	1668
modification of the designs and plans;	1669

(4) Information that must be included in an application for	1670
the modification of a permit to install;	1671

(5) Any additional information that must be included with an	1672
application for a permit to install;	1673

(6) Procedures for the issuance, denial, modification,	1674
transfer, suspension, and revocation of permits to install;	1675

(7) Grounds for the denial, modification, suspension, or	1676
revocation of permits to install in addition to the grounds	1677
established in division (D) of section 1513.53 of the Revised	1678
Code.	1679

(D) Establish all of the following concerning NPDES permits:

1680

(1) The designation of coal mining and reclamation operations	1681
that are subject to NPDES permit requirements under section	1682
1513.55 of the Revised Code. The designation shall include only	1683
those point sources for which the issuance of NPDES permits is	1684
required under the Federal Water Pollution Control Act.	1685

(2) Effluent limitations governing discharges into waters of	1686
the state that are authorized by NPDES permits;	1687

(3) Variances from effluent limitations and other NPDES	1688
permit requirements to the extent that the variances are	1689
consistent with the Federal Water Pollution Control Act;	1690

(4) Terms and conditions to be included in a NPDES permit,	1691
including, as applicable, best management practices; installation	1692
of discharge or water quality monitoring methods or equipment;	1693
creation and retention of records; submission of periodic reports;	1694
schedules of compliance; and authorized duration and frequency of	1695
any discharges into waters of the state;	1696

(5) Procedures for the submission of applications for NPDES	1697
permits and notices of intent to be covered by general NPDES	1698
permits, including information that must be included in the	1699
applications and notices;	1700

(6) The amount of the fee that must be submitted with an	1701
application for a NPDES permit;	1702

(7) Procedures for processing NPDES permit applications,	1703
including public notice and participation requirements;	1704

(8) Procedures for notifying the United States environmental	1705
protection agency of the submission of NPDES permit applications,	1706
the chief's action on those applications, and any other reasonable	1707
and relevant information;	1708

(9) Procedures for notifying and receiving and responding to	1709
recommendations from other states whose waters may be affected by	1710
the issuance of a NPDES permit;	1711

(10) Procedures for the transfer of NPDES permits to new	1712
operators;	1713

(11) Grounds and procedures for the issuance, denial,	1714
modification, suspension, or revocation of NPDES permits,	1715
including general NPDES permits;	1716

(12) A definition of "general NPDES permit" that establishes	1717
categories of sources to be covered under such a permit and a	1718
definition of "individual NPDES permit" together with the criteria	1719
for issuing a general NPDES permit and the criteria for	1720
determining a person's eligibility to discharge under a general	1721
NPDES permit.	1722

The rules adopted under division (D) of this section shall be	1723
consistent with the requirements of the Federal Water Pollution	1724
Control Act.	1725

(E) Establish public notice and participation requirements,	1726
in addition to the procedures established in rules adopted under	1727
division (D)(7) of this section, for the issuance, denial,	1728
modification, transfer, suspension, and revocation of NPDES	1729
permits, including a definition of what constitutes significant	1730
public interest for the purposes of divisions (A) and (F) of	1731
section 1513.56 of the Revised Code and procedures for public	1732
meetings. The rules shall require that information that is	1733
presented at such a public meeting be limited to the criteria that	1734
are applicable to the NPDES permit application that is the subject	1735
of the public meeting.	1736

(F) Civil penalties for violations of sections 1513.50 to	1737
1513.57 of the Revised Code and rules;	1738

(G) Procedures for streamlining and combining procedures for	1739
the issuance of section 401 water quality certifications, permits	1740
to install, and NPDES permits under sections 1513.50 to 1513.57 of	1741
the Revised Code when appropriate;	1742

(H) Any other procedures or requirements that the chief	1743
determines to be necessary to implement sections 1513.50 to	1744
1513.59 of the Revised Code.	1745

Sec. 1513.58.  (A) The attorney general, upon the request of	1746
the chief of the division of mineral resources management, shall	1747
prosecute to termination or bring an action for injunction against	1748
any person who has violated, is violating, or is threatening to	1749
violate sections 1513.50 to 1513.57 of the Revised Code, rules, or	1750
terms or conditions of a section 401 water quality certification,	1751
permit to install, NPDES permit, or order of the chief issued	1752
under those sections. The court of common pleas in which an action	1753
for injunction is filed has the jurisdiction to and shall grant	1754
preliminary and permanent injunctive relief upon a showing that	1755
the person against whom the action is brought has violated, is	1756
violating, or is threatening to violate any of those sections,	1757
rules, the terms or conditions of a certification or permit, or an	1758
order of the chief.	1759

(B) If the chief determines that any person has violated or	1760
is violating sections 1513.50 to 1513.57 of the Revised Code, a	1761
rule, or a term or condition of a certification, permit, or order	1762
of the chief issued under those sections, the chief may request in	1763
writing that the attorney general bring an action for civil	1764
penalties in a court of competent jurisdiction. The court may	1765
impose on the person a civil penalty in an amount established in	1766
rules for each day of each violation.	1767

(C) Money resulting from civil penalties imposed as a result	1768
of an action brought under this section shall be deposited in the	1769
state treasury to the credit of the coal mining administration and	1770
reclamation reserve fund created in section 1513.181 of the	1771
Revised Code.	1772

(D) The enforcement procedures and requirements established	1773
in this section apply to the enforcement of sections 1513.50 to	1774
1513.57 of the Revised Code. No other enforcement procedures and	1775
requirements established in this chapter apply to violations of	1776
sections 1513.50 to 1513.57 of the Revised Code, rules, or terms	1777
or conditions of a section 401 water quality certification, permit	1778
to install, NPDES permit, or order of the chief issued under those	1779
sections.	1780

Sec. 1513.59.  All money from fees collected under sections	1781
1513.50 to 1513.57 of the Revised Code shall be deposited in the	1782
state treasury to the credit of the coal mining administration and	1783
reclamation reserve fund created in section 1513.181 of the	1784
Revised Code.	1785

Sec. 1513.99.  (A) Whoever violates division (A)(1), (2),	1786
(3), (4), or (5) of section 1513.17 of the Revised Code shall be	1787
fined not less than one hundred nor more than ten thousand	1788
dollars, imprisoned for not more than one year, or both.	1789

(B) Whoever knowingly violates section 1513.04 of the Revised	1790
Code shall be fined not more than two thousand five hundred	1791
dollars, imprisoned not more than one year, or both.	1792

(C) Whoever violates division (A)(6) of section 1513.17 of	1793
the Revised Code shall be fined not less than one hundred nor more	1794
than one thousand dollars.	1795

(D) Whoever violates division (A)(2) of section 1513.53 of	1796
the Revised Code is guilty of a misdemeanor of the third degree on	1797
a first offense, a misdemeanor of the second degree on a second	1798
offense, and a misdemeanor of the first degree on a third or	1799
subsequent offense. Each ten-day period that the offense continues	1800
constitutes a separate offense.	1801

(E) Whoever violates the terms and conditions of a permit to	1802
install issued under section 1513.53 of the Revised Code or the	1803
provisions of a NPDES permit issued under section 1513.55 of the	1804
Revised Code shall be fined not more than twenty-five thousand	1805
dollars. Each day of violation constitutes a separate offense.	1806

(F) Whoever violates division (J) of section 1513.55 of the	1807
Revised Code shall be fined not more than twenty-five thousand	1808
dollars. Each day of violation constitutes a separate offense.	1809

Sec. 3745.114.  (A) A person that applies for a section 401	1810
water quality certification under Chapter 6111. of the Revised	1811
Code and rules adopted under it shall pay an application fee of	1812
two hundred dollars at the time of application plus any of the	1813
following fees, as applicable:	1814

(1) If the water resource to be impacted is a wetland, a	1815
review fee of five hundred dollars per acre of wetland to be	1816
impacted;	1817

(2) If the water resource to be impacted is a stream one of	1818
the following fees, as applicable:	1819

(a) For an ephemeral stream, a review fee of five dollars per	1820
linear foot of stream to be impacted, or two hundred dollars,	1821
whichever is greater;	1822

(b) For an intermittent stream, a review fee of ten dollars	1823
per linear foot of stream to be impacted, or two hundred dollars,	1824
whichever is greater;	1825

(c) For a perennial stream, a review fee of fifteen dollars	1826
per linear foot of stream to be impacted, or two hundred dollars,	1827
whichever is greater.	1828

(3) If the water resource to be impacted is a lake, a review	1829
fee of three dollars per cubic yard of dredged or fill material to	1830
be moved.	1831

(B) One-half of all applicable review fees levied under this	1832
section shall be due at the time of application for a section 401	1833
water quality certification. The remainder of the fees shall be	1834
paid upon the final disposition of the application for a section	1835
401 water quality certification. The total fee to be paid under	1836
this section shall not exceed twenty-five thousand dollars per	1837
application. However, if the applicant is a county, township, or	1838
municipal corporation in this state, the total fee to be paid	1839
shall not exceed five thousand dollars per application.	1840

(C) All money collected under this section shall be	1841
transmitted to the treasurer of state for deposit into the state	1842
treasury to the credit of the surface water protection fund	1843
created in section 6111.038 of the Revised Code.	1844

(D) The fees established under this section do not apply to	1845
any state agency as defined in section 119.01 of the Revised Code	1846
or to the United States army corps of engineers.	1847

(E) The fees established under this section do not apply to	1848
projects that are authorized by the environmental protection	1849
agency's general certifications of nationwide permits or general	1850
permits issued by the United States army corps of engineers. As	1851
used in this division, "general permit" and "nationwide permit"	1852
have the same meanings as in rules adopted under Chapter 6111. of	1853
the Revised Code.	1854

(F) Coal mining and reclamation operations that are	1855
authorized under Chapter 1513. of the Revised Code are exempt from	1856
the fees established under this section for one year after the	1857
effective date of this amendment.	1858

(G) As used in this section:

1859

(1) "Ephemeral stream" means a stream that flows only in	1860
direct response to precipitation in the immediate watershed or in	1861
response to the melting of a cover of snow and ice and that has	1862
channel bottom that is always above the local water table.	1863

(2) "Intermittent stream" means a stream that is below the	1864
local water table and flows for at least a part of each year and	1865
that obtains its flow from both surface runoff and ground water	1866
discharge.	1867

(3) "Perennial stream" means a stream or a part of a stream	1868
that flows continuously during all of the calendar year as a	1869
result of ground water discharge or surface water runoff.	1870
"Perennial stream" does not include an intermittent stream or an	1871
ephemeral stream.	1872

Sec. 6111.03.  The director of environmental protection may	1873
do any of the following:	1874

(A) Develop plans and programs for the prevention, control,	1875
and abatement of new or existing pollution of the waters of the	1876
state;	1877

(B) Advise, consult, and cooperate with other agencies of the	1878
state, the federal government, other states, and interstate	1879
agencies and with affected groups, political subdivisions, and	1880
industries in furtherance of the purposes of this chapter. Before	1881
adopting, amending, or rescinding a standard or rule pursuant to	1882
division (G) of this section or section 6111.041 or 6111.042 of	1883
the Revised Code, the director shall do all of the following:	1884

(1) Mail notice to each statewide organization that the	1885
director determines represents persons who would be affected by	1886
the proposed standard or rule, amendment thereto, or rescission	1887
thereof at least thirty-five days before any public hearing	1888
thereon;	1889

(2) Mail a copy of each proposed standard or rule, amendment	1890
thereto, or rescission thereof to any person who requests a copy,	1891
within five days after receipt of the request therefor;	1892

(3) Consult with appropriate state and local government	1893
agencies or their representatives, including statewide	1894
organizations of local government officials, industrial	1895
representatives, and other interested persons.	1896

Although the director is expected to discharge these duties	1897
diligently, failure to mail any such notice or copy or to so	1898
consult with any person shall not invalidate any proceeding or	1899
action of the director.	1900

(C) Administer grants from the federal government and from	1901
other sources, public or private, for carrying out any of its	1902
functions, all such moneys to be deposited in the state treasury	1903
and kept by the treasurer of state in a separate fund subject to	1904
the lawful orders of the director;	1905

(D) Administer state grants for the construction of sewage	1906
and waste collection and treatment works;	1907

(E) Encourage, participate in, or conduct studies,	1908
investigations, research, and demonstrations relating to water	1909
pollution, and the causes, prevention, control, and abatement	1910
thereof, that are advisable and necessary for the discharge of the	1911
director's duties under this chapter;	1912

(F) Collect and disseminate information relating to water	1913
pollution and prevention, control, and abatement thereof;	1914

(G) Adopt, amend, and rescind rules in accordance with	1915
Chapter 119. of the Revised Code governing the procedure for	1916
hearings, the filing of reports, the issuance of permits, the	1917
issuance of industrial water pollution control certificates, and	1918
all other matters relating to procedure;	1919

(H) Issue, modify, or revoke orders to prevent, control, or	1920
abate water pollution by such means as the following:	1921

(1) Prohibiting or abating discharges of sewage, industrial	1922
waste, or other wastes into the waters of the state;	1923

(2) Requiring the construction of new disposal systems or any	1924
parts thereof, or the modification, extension, or alteration of	1925
existing disposal systems or any parts thereof;	1926

(3) Prohibiting additional connections to or extensions of a	1927
sewerage system when the connections or extensions would result in	1928
an increase in the polluting properties of the effluent from the	1929
system when discharged into any waters of the state;	1930

(4) Requiring compliance with any standard or rule adopted	1931
under sections 6111.01 to 6111.05 of the Revised Code or term or	1932
condition of a permit.	1933

In the making of those orders, wherever compliance with a	1934
rule adopted under section 6111.042 of the Revised Code is not	1935
involved, consistent with the Federal Water Pollution Control Act,	1936
the director shall give consideration to, and base the	1937
determination on, evidence relating to the technical feasibility	1938
and economic reasonableness of complying with those orders and to	1939
evidence relating to conditions calculated to result from	1940
compliance with those orders, and their relation to benefits to	1941
the people of the state to be derived from such compliance in	1942
accomplishing the purposes of this chapter.	1943

(I) Review plans, specifications, or other data relative to	1944
disposal systems or any part thereof in connection with the	1945
issuance of orders, permits, and industrial water pollution	1946
control certificates under this chapter;	1947

(J)(1) Issue, revoke, modify, or deny sludge management	1948
permits and permits for the discharge of sewage, industrial waste,	1949
or other wastes into the waters of the state, and for the	1950
installation or modification of disposal systems or any parts	1951
thereof in compliance with all requirements of the Federal Water	1952
Pollution Control Act and mandatory regulations adopted	1953
thereunder, including regulations adopted under section 405 of the	1954
Federal Water Pollution Control Act, and set terms and conditions	1955
of permits, including schedules of compliance, where necessary.	1956
Any	1957

Any person who discharges, transports, or handles storm water	1958
from an animal feeding facility, as defined in section 903.01 of	1959
the Revised Code, or manure, as defined in that section, is not	1960
required to obtain a permit under division (J)(1) of this section	1961
for the installation or modification of a disposal system	1962
involving manure or storm water or any parts of such a system on	1963
and after the date on which the director of agriculture has	1964
finalized the program required under division (A)(1) of section	1965
903.02 of the Revised Code. In addition, any person who	1966
discharges, transports, or handles storm water from an animal	1967
feeding facility, as defined in section 903.01 of the revised code	1968
Revised Code, or manure, as defined in that section, is not	1969
required to obtain a permit under division (J)(1) of this section	1970
for the discharge of storm water or manure on and after the date	1971
on which the United States environmental protection agency	1972
approves the NPDES program submitted by the director of	1973
agriculture under section 903.08 of the Revised Code.	1974

A coal mining and reclamation operation that is regulated	1975
under Chapter 1513. of the Revised Code and that discharges	1976
sewage, industrial waste, or other wastes into the waters of the	1977
state is not required to obtain a permit under division (J)(1) of	1978
this section for that discharge on and after the date on which the	1979
United States environmental protection agency approves the NPDES	1980
program submitted by the chief of the division of mineral	1981
resources management in the department of natural resources under	1982
section 1513.55 of the Revised Code.	1983

Any permit terms and conditions set by the director shall be	1984
designed to achieve and maintain full compliance with the national	1985
effluent limitations, national standards of performance for new	1986
sources, and national toxic and pretreatment effluent standards	1987
set under that act, and any other mandatory requirements of that	1988
act that are imposed by regulation of the administrator of the	1989
United States environmental protection agency. If an applicant for	1990
a sludge management permit also applies for a related permit for	1991
the discharge of sewage, industrial waste, or other wastes into	1992
the waters of the state, the director may combine the two permits	1993
and issue one permit to the applicant.	1994

A sludge management permit is not required for an entity that	1995
treats or transports sewage sludge or for a sanitary landfill when	1996
all of the following apply:	1997

(a) The entity or sanitary landfill does not generate the	1998
sewage sludge.	1999

(b) Prior to receipt at the sanitary landfill, the entity has	2000
ensured that the sewage sludge meets the requirements established	2001
in rules adopted by the director under section 3734.02 of the	2002
Revised Code concerning disposal of municipal solid waste in a	2003
sanitary landfill.	2004

(c) Disposal of the sewage sludge occurs at a sanitary	2005
landfill that complies with rules adopted by the director under	2006
section 3734.02 of the Revised Code.	2007

As used in division (J)(1) of this section, "sanitary	2008
landfill" means a sanitary landfill facility, as defined in rules	2009
adopted under section 3734.02 of the Revised Code, that is	2010
licensed as a solid waste facility under section 3734.05 of the	2011
Revised Code.	2012

(2) An application for a permit or renewal thereof shall be	2013
denied if any of the following applies:	2014

(a) The secretary of the army determines in writing that	2015
anchorage or navigation would be substantially impaired thereby;	2016

(b) The director determines that the proposed discharge or	2017
source would conflict with an areawide waste treatment management	2018
plan adopted in accordance with section 208 of the Federal Water	2019
Pollution Control Act;	2020

(c) The administrator of the United States environmental	2021
protection agency objects in writing to the issuance or renewal of	2022
the permit in accordance with section 402 (d) of the Federal Water	2023
Pollution Control Act;	2024

(d) The application is for the discharge of any radiological,	2025
chemical, or biological warfare agent or high-level radioactive	2026
waste into the waters of the United States.	2027

(3) To achieve and maintain applicable standards of quality	2028
for the waters of the state adopted pursuant to section 6111.041	2029
of the Revised Code, the director shall impose, where necessary	2030
and appropriate, as conditions of each permit, water quality	2031
related effluent limitations in accordance with sections 301, 302,	2032
306, 307, and 405 of the Federal Water Pollution Control Act and,	2033
to the extent consistent with that act, shall give consideration	2034
to, and base the determination on, evidence relating to the	2035
technical feasibility and economic reasonableness of removing the	2036
polluting properties from those wastes and to evidence relating to	2037
conditions calculated to result from that action and their	2038
relation to benefits to the people of the state and to	2039
accomplishment of the purposes of this chapter.	2040

(4) Where a discharge having a thermal component from a	2041
source that is constructed or modified on or after October 18,	2042
1972, meets national or state effluent limitations or more	2043
stringent permit conditions designed to achieve and maintain	2044
compliance with applicable standards of quality for the waters of	2045
the state, which limitations or conditions will ensure protection	2046
and propagation of a balanced, indigenous population of shellfish,	2047
fish, and wildlife in or on the body of water into which the	2048
discharge is made, taking into account the interaction of the	2049
thermal component with sewage, industrial waste, or other wastes,	2050
the director shall not impose any more stringent limitation on the	2051
thermal component of the discharge, as a condition of a permit or	2052
renewal thereof for the discharge, during a ten-year period	2053
beginning on the date of completion of the construction or	2054
modification of the source, or during the period of depreciation	2055
or amortization of the source for the purpose of section 167 or	2056
169 of the Internal Revenue Code of 1954, whichever period ends	2057
first.	2058

(5) The director shall specify in permits for the discharge	2059
of sewage, industrial waste, and other wastes, the net volume, net	2060
weight, duration, frequency, and, where necessary, concentration	2061
of the sewage, industrial waste, and other wastes that may be	2062
discharged into the waters of the state. The director shall	2063
specify in those permits and in sludge management permits that the	2064
permit is conditioned upon payment of applicable fees as required	2065
by section 3745.11 of the Revised Code and upon the right of the	2066
director's authorized representatives to enter upon the premises	2067
of the person to whom the permit has been issued for the purpose	2068
of determining compliance with this chapter, rules adopted	2069
thereunder, or the terms and conditions of a permit, order, or	2070
other determination. The director shall issue or deny an	2071
application for a sludge management permit or a permit for a new	2072
discharge, for the installation or modification of a disposal	2073
system, or for the renewal of a permit, within one hundred eighty	2074
days of the date on which a complete application with all plans,	2075
specifications, construction schedules, and other pertinent	2076
information required by the director is received.	2077

(6) The director may condition permits upon the installation	2078
of discharge or water quality monitoring equipment or devices and	2079
the filing of periodic reports on the amounts and contents of	2080
discharges and the quality of receiving waters that the director	2081
prescribes. The director shall condition each permit for a	2082
government-owned disposal system or any other "treatment works" as	2083
defined in the Federal Water Pollution Control Act upon the	2084
reporting of new introductions of industrial waste or other wastes	2085
and substantial changes in volume or character thereof being	2086
introduced into those systems or works from "industrial users" as	2087
defined in section 502 of that act, as necessary to comply with	2088
section 402(b)(8) of that act; upon the identification of the	2089
character and volume of pollutants subject to pretreatment	2090
standards being introduced into the system or works; and upon the	2091
existence of a program to ensure compliance with pretreatment	2092
standards by "industrial users" of the system or works. In	2093
requiring monitoring devices and reports, the director, to the	2094
extent consistent with the Federal Water Pollution Control Act,	2095
shall give consideration to technical feasibility and economic	2096
reasonableness and shall allow reasonable time for compliance.	2097

(7) A permit may be issued for a period not to exceed five	2098
years and may be renewed upon application for renewal and upon a	2099
finding by the director that the permit holder is making	2100
satisfactory progress toward the achievement of all applicable	2101
standards and has complied with the terms and conditions of the	2102
existing permit. A permit may be modified, suspended, or revoked	2103
for cause, including, but not limited to, violation of any	2104
condition of the permit, obtaining a permit by misrepresentation	2105
or failure to disclose fully all relevant facts of the permitted	2106
discharge or of the sludge use, storage, treatment, or disposal	2107
practice, or changes in any condition that requires either a	2108
temporary or permanent reduction or elimination of the permitted	2109
activity. No application shall be denied or permit revoked or	2110
modified without a written order stating the findings upon which	2111
the denial, revocation, or modification is based. A copy of the	2112
order shall be sent to the applicant or permit holder by certified	2113
mail.	2114

(K) Institute or cause to be instituted in any court of	2115
competent jurisdiction proceedings to compel compliance with this	2116
chapter or with the orders of the director issued under this	2117
chapter, or to ensure compliance with sections 204(b), 307, 308,	2118
and 405 of the Federal Water Pollution Control Act;	2119

(L) Issue, deny, revoke, or modify industrial water pollution	2120
control certificates;	2121

(M) Certify to the government of the United States or any	2122
agency thereof that an industrial water pollution control facility	2123
is in conformity with the state program or requirements for the	2124
control of water pollution whenever the certification may be	2125
required for a taxpayer under the Internal Revenue Code of the	2126
United States, as amended;	2127

(N) Issue, modify, and revoke orders requiring any	2128
"industrial user" of any publicly owned "treatment works" as	2129
defined in sections 212(2) and 502(18) of the Federal Water	2130
Pollution Control Act to comply with pretreatment standards;	2131
establish and maintain records; make reports; install, use, and	2132
maintain monitoring equipment or methods, including, where	2133
appropriate, biological monitoring methods; sample discharges in	2134
accordance with methods, at locations, at intervals, and in a	2135
manner that the director determines; and provide other information	2136
that is necessary to ascertain whether or not there is compliance	2137
with toxic and pretreatment effluent standards. In issuing,	2138
modifying, and revoking those orders, the director, to the extent	2139
consistent with the Federal Water Pollution Control Act, shall	2140
give consideration to technical feasibility and economic	2141
reasonableness and shall allow reasonable time for compliance.	2142

(O) Exercise all incidental powers necessary to carry out the	2143
purposes of this chapter;	2144

(P) Certify or deny certification to any applicant for a	2145
federal license or permit to conduct any activity that may result	2146
in any discharge into the waters of the state that the discharge	2147
will comply with the Federal Water Pollution Control Act;	2148

(Q) Administer and enforce the publicly owned treatment works	2149
pretreatment program in accordance with the Federal Water	2150
Pollution Control Act. In the administration of that program, the	2151
director may do any of the following:	2152

(1) Apply and enforce pretreatment standards;

2153

(2) Approve and deny requests for approval of publicly owned	2154
treatment works pretreatment programs, oversee those programs, and	2155
implement, in whole or in part, those programs under any of the	2156
following conditions:	2157

(a) The director has denied a request for approval of the	2158
publicly owned treatment works pretreatment program;	2159

(b) The director has revoked the publicly owned treatment	2160
works pretreatment program;	2161

(c) There is no pretreatment program currently being	2162
implemented by the publicly owned treatment works;	2163

(d) The publicly owned treatment works has requested the	2164
director to implement, in whole or in part, the pretreatment	2165
program.	2166

(3) Require that a publicly owned treatment works	2167
pretreatment program be incorporated in a permit issued to a	2168
publicly owned treatment works as required by the Federal Water	2169
Pollution Control Act, require compliance by publicly owned	2170
treatment works with those programs, and require compliance by	2171
industrial users with pretreatment standards;	2172

(4) Approve and deny requests for authority to modify	2173
categorical pretreatment standards to reflect removal of	2174
pollutants achieved by publicly owned treatment works;	2175

(5) Deny and recommend approval of requests for fundamentally	2176
different factors variances submitted by industrial users;	2177

(6) Make determinations on categorization of industrial	2178
users;	2179

(7) Adopt, amend, or rescind rules and issue, modify, or	2180
revoke orders necessary for the administration and enforcement of	2181
the publicly owned treatment works pretreatment program.	2182

Any approval of a publicly owned treatment works pretreatment	2183
program may contain any terms and conditions, including schedules	2184
of compliance, that are necessary to achieve compliance with this	2185
chapter.	2186

(R) Except as otherwise provided in this division, adopt	2187
rules in accordance with Chapter 119. of the Revised Code	2188
establishing procedures, methods, and equipment and other	2189
requirements for equipment to prevent and contain discharges of	2190
oil and hazardous substances into the waters of the state. The	2191
rules shall be consistent with and equivalent in scope, content,	2192
and coverage to section 311(j)(1)(c) of the Federal Water	2193
Pollution Control Act and regulations adopted under it. The	2194
director shall not adopt rules under this division relating to	2195
discharges of oil from oil production facilities and oil drilling	2196
and workover facilities as those terms are defined in that act and	2197
regulations adopted under it.	2198

(S)(1) Administer and enforce a program for the regulation of	2199
sludge management in this state. In administering the program,	2200
the director, in addition to exercising the authority provided in	2201
any other applicable sections of this chapter, may do any of the	2202
following:	2203

(a) Develop plans and programs for the disposal and	2204
utilization of sludge and sludge materials;	2205

(b) Encourage, participate in, or conduct studies,	2206
investigations, research, and demonstrations relating to the	2207
disposal and use of sludge and sludge materials and the impact of	2208
sludge and sludge materials on land located in the state and on	2209
the air and waters of the state;	2210

(c) Collect and disseminate information relating to the	2211
disposal and use of sludge and sludge materials and the impact of	2212
sludge and sludge materials on land located in the state and on	2213
the air and waters of the state;	2214

(d) Issue, modify, or revoke orders to prevent, control, or	2215
abate the use and disposal of sludge and sludge materials or the	2216
effects of the use of sludge and sludge materials on land located	2217
in the state and on the air and waters of the state;	2218

(e) Adopt and enforce, modify, or rescind rules necessary for	2219
the implementation of division (S) of this section. The rules	2220
reasonably shall protect public health and the environment,	2221
encourage the beneficial reuse of sludge and sludge materials, and	2222
minimize the creation of nuisance odors.	2223

The director may specify in sludge management permits the net	2224
volume, net weight, quality, and pollutant concentration of the	2225
sludge or sludge materials that may be used, stored, treated, or	2226
disposed of, and the manner and frequency of the use, storage,	2227
treatment, or disposal, to protect public health and the	2228
environment from adverse effects relating to those activities. The	2229
director shall impose other terms and conditions to protect public	2230
health and the environment, minimize the creation of nuisance	2231
odors, and achieve compliance with this chapter and rules adopted	2232
under it and, in doing so, shall consider whether the terms and	2233
conditions are consistent with the goal of encouraging the	2234
beneficial reuse of sludge and sludge materials.	2235

The director may condition permits on the implementation of	2236
treatment, storage, disposal, distribution, or application	2237
management methods and the filing of periodic reports on the	2238
amounts, composition, and quality of sludge and sludge materials	2239
that are disposed of, used, treated, or stored.	2240

An approval of a treatment works sludge disposal program may	2241
contain any terms and conditions, including schedules of	2242
compliance, necessary to achieve compliance with this chapter and	2243
rules adopted under it.	2244

(2) As a part of the program established under division	2245
(S)(1) of this section, the director has exclusive authority to	2246
regulate sewage sludge management in this state. For purposes of	2247
division (S)(2) of this section, that program shall be consistent	2248
with section 405 of the Federal Water Pollution Control Act and	2249
regulations adopted under it and with this section, except that	2250
the director may adopt rules under division (S) of this section	2251
that establish requirements that are more stringent than section	2252
405 of the Federal Water Pollution Control Act and regulations	2253
adopted under it with regard to monitoring sewage sludge and	2254
sewage sludge materials and establishing acceptable sewage sludge	2255
management practices and pollutant levels in sewage sludge and	2256
sewage sludge materials.	2257

This chapter authorizes the state to participate in any	2258
national sludge management program and the national pollutant	2259
discharge elimination system, to administer and enforce the	2260
publicly owned treatment works pretreatment program, and to issue	2261
permits for the discharge of dredged or fill materials, in	2262
accordance with the Federal Water Pollution Control Act. This	2263
chapter shall be administered, consistent with the laws of this	2264
state and federal law, in the same manner that the Federal Water	2265
Pollution Control Act is required to be administered.	2266

This section does not apply to animal waste disposal systems	2267
and related management and conservation practices subject to rules	2268
adopted pursuant to division (E)(4) of section 1511.02 of the	2269
Revised Code. However, until the date on which the United States	2270
environmental protection agency approves the NPDES program	2271
submitted by the director of agriculture under section 903.08 of	2272
the Revised Code, this exclusion does not apply to animal waste	2273
treatment works having a controlled direct discharge to the waters	2274
of the state or any concentrated animal feeding operation, as	2275
defined in 40 C.F.R. 122.23(b)(2). On and after the date on which	2276
the United States environmental protection agency approves the	2277
NPDES program submitted by the director of agriculture under	2278
section 903.08 of the Revised Code, this section does not apply to	2279
storm water from an animal feeding facility, as defined in section	2280
903.01 of the Revised Code, or to manure, as defined in that	2281
section. Neither of these exclusions applies to the discharge of	2282
animal waste into a publicly owned treatment works.	2283

Sec. 6111.035.  (A) The director of environmental protection,	2284
consistent with the Federal Water Pollution Control Act and the	2285
regulations adopted thereunder, without application therefor, may	2286
issue, modify, revoke, or terminate a general permit under this	2287
chapter for both of the following:	2288

(1) Discharge of stormwater; the discharge of liquids,	2289
sediments, solids, or water-borne mining related waste, such as,	2290
but not limited to, acids, metallic cations, or their salts, from	2291
coal mining and reclamation operations as defined in section	2292
1513.01 of the Revised Code;storm water or treatment works whose	2293
discharge would have de minimis impact on the waters of the state	2294
receiving the discharge;	2295

(2) Installation or modification of disposal systems or any	2296
parts thereof, including disposal systems for stormwater or for	2297
coal mining and reclamation operations as defined in section	2298
1513.01 of the Revised Codestorm water.	2299

A general permit shall apply to a class or category of	2300
discharges or disposal systems or to persons conducting similar	2301
activities, within any area of the state, including the entire	2302
state.	2303

A general permit shall not be issued unless the director	2304
determines that the discharges authorized by the permit will have	2305
only minimal cumulative adverse effects on the environment when	2306
the discharges are considered collectively and individually and	2307
if, in the opinion of the director, the discharges, installations,	2308
or modifications authorized by the permit are more appropriately	2309
authorized by a general permit than by an individual permit.	2310

A general permit shall be issued subject to applicable	2311
mandatory provisions and may be issued subject to any applicable	2312
permissive provision of the Federal Water Pollution Control Act	2313
and the regulations adopted thereunder.	2314

The director, at the director's discretion, may require any	2315
person authorized to discharge or to install or modify a disposal	2316
system under a general permit to apply for and obtain an	2317
individual permit for the discharge, installation, or	2318
modification. When a particular discharge, installation, or	2319
modification is subject to an individual permit, a general permit	2320
shall not apply to that discharge, installation, or modification	2321
until the individual permit is revoked, terminated, or modified to	2322
exclude the discharge, installation, or modification.	2323

(B) Notwithstanding any requirement under Chapter 119. of the	2324
Revised Code concerning the manner in which notice of a permit	2325
action is provided, the director shall not be required to provide	2326
certified mail notice to persons subject to the issuance,	2327
modification, revocation, or termination of a general permit under	2328
division (A) of this section.	2329

Notwithstanding section 3745.07 of the Revised Code	2330
concerning the location of newspapers in which notices of permit	2331
actions are published, the director shall cause notice of the	2332
issuance, modification, revocation, or termination of a general	2333
permit to be published in the newspapers of general circulation	2334
determined by the director to provide reasonable notice to persons	2335
affected by the permit action in the geographic area covered by	2336
the general permit within the time periods prescribed by section	2337
3745.07 of the Revised Code. Any notice under this section or	2338
section 3745.07 of the Revised Code concerning the issuance,	2339
modification, revocation, or termination of a general permit shall	2340
include a summary of the permit action and instructions on how to	2341
obtain a copy of the full text of the permit action. The director	2342
may take other appropriate measures, such as press releases and	2343
notice to trade journals, associations, and other persons known to	2344
the director to desire notification, in order to provide notice of	2345
the director's actions concerning the issuance, modification,	2346
revocation, or termination of a general permit; however, the	2347
failure to provide such notice shall not invalidate any general	2348
permit.	2349

(C) Notwithstanding any other provision of the Revised Code,	2350
a person subject to the proposed issuance, modification,	2351
revocation, or termination of a general permit under division (A)	2352
of this section may request an adjudication hearing pursuant to	2353
section 119.07 of the Revised Code concerning the proposed action	2354
within thirty days after publication of the notice of the proposed	2355
action in newspapers of general circulation pursuant to division	2356
(B) of this section. This division shall not be interpreted to	2357
affect the authority of the director to take actions on general	2358
permits in forms other than proposed general permits.	2359

(D) The director may exercise all incidental powers required	2360
to carry out this section, including, without limitation, the	2361
adoption, amendment, and rescission of rules to implement a	2362
general permit program for classes or categories of dischargers or	2363
disposal systems.	2364

(E) On and after the date on which the United States	2365
environmental protection agency approves the NPDES program	2366
submitted by the director of agriculture under section 903.08 of	2367
the Revised Code, this section does not apply to storm water from	2368
an animal feeding facility, as defined in section 903.01 of the	2369
Revised Code, or to manure, as defined in that section.	2370

(F) On and after the date on which the United States	2371
environmental protection agency approves the NPDES program	2372
submitted by the chief of the division of mineral resources	2373
management in the department of natural resources under section	2374
1513.55 of the Revised Code, this section does not apply to the	2375
discharge of storm water or the discharge of liquids, sediments,	2376
solids, or water-borne mining related waste from coal mining and	2377
reclamation operations that are regulated under Chapter 1513. of	2378
the Revised Code.	2379

(G) As used in this section, "Federal Water Pollution Control	2380
Act" means the "Federal Water Pollution Control Act Amendments of	2381
1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended by the "Clean	2382
Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, the "Act of	2383
October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 1254, the "Municipal	2384
Wastewater Treatment Construction Grant Amendments of 1981," 95	2385
Stat. 1623, 33 U.S.C.A. 1281, and the "Water Quality Act of 1987,"	2386
101 Stat. 7, 33 U.S.C.A. 1251.	2387

Sec. 6111.04.  (A) Both of the following apply except as	2388
otherwise provided in division (A) or (F) of this section:	2389

(1) No person shall cause pollution or place or cause to be	2390
placed any sewage, sludge, sludge materials, industrial waste, or	2391
other wastes in a location where they cause pollution of any	2392
waters of the state.	2393

(2) Such an action prohibited under division (A)(1) of this	2394
section is hereby declared to be a public nuisance.	2395

Divisions (A)(1) and (2) of this section do not apply if the	2396
person causing pollution or placing or causing to be placed wastes	2397
in a location in which they cause pollution of any waters of the	2398
state holds a valid, unexpired permit, or renewal of a permit,	2399
governing the causing or placement as provided in sections 6111.01	2400
to 6111.08 of the Revised Code or if the person's application for	2401
renewal of such a permit is pending.	2402

(B) If the director of environmental protection administers a	2403
sludge management program pursuant to division (S) of section	2404
6111.03 of the Revised Code, both of the following apply except as	2405
otherwise provided in division (B) or (F) of this section:	2406

(1) No person, in the course of sludge management, shall	2407
place on land located in the state or release into the air of the	2408
state any sludge or sludge materials.	2409

(2) An action prohibited under division (B)(1) of this	2410
section is hereby declared to be a public nuisance.	2411

Divisions (B)(1) and (2) of this section do not apply if the	2412
person placing or releasing the sludge or sludge materials holds a	2413
valid, unexpired permit, or renewal of a permit, governing the	2414
placement or release as provided in sections 6111.01 to 6111.08 of	2415
the Revised Code or if the person's application for renewal of	2416
such a permit is pending.	2417

(C) No person to whom a permit has been issued shall place or	2418
discharge, or cause to be placed or discharged, in any waters of	2419
the state any sewage, sludge, sludge materials, industrial waste,	2420
or other wastes in excess of the permissive discharges specified	2421
under an existing permit without first receiving a permit from the	2422
director to do so.	2423

(D) No person to whom a sludge management permit has been	2424
issued shall place on the land or release into the air of the	2425
state any sludge or sludge materials in excess of the permissive	2426
amounts specified under the existing sludge management permit	2427
without first receiving a modification of the existing sludge	2428
management permit or a new sludge management permit to do so from	2429
the director.	2430

(E) The director may require the submission of plans,	2431
specifications, and other information that the director considers	2432
relevant in connection with the issuance of permits.	2433

(F) This section does not apply to any of the following:

2434

(1) Waters used in washing sand, gravel, other aggregates, or	2435
mineral products when the washing and the ultimate disposal of the	2436
water used in the washing, including any sewage, industrial waste,	2437
or other wastes contained in the waters, are entirely confined to	2438
the land under the control of the person engaged in the recovery	2439
and processing of the sand, gravel, other aggregates, or mineral	2440
products and do not result in the pollution of waters of the	2441
state;	2442

(2) Water, gas, or other material injected into a well to	2443
facilitate, or that is incidental to, the production of oil, gas,	2444
artificial brine, or water derived in association with oil or gas	2445
production and disposed of in a well, in compliance with a permit	2446
issued under Chapter 1509. of the Revised Code, or sewage,	2447
industrial waste, or other wastes injected into a well in	2448
compliance with an injection well operating permit. Division	2449
(F)(2) of this section does not authorize, without a permit, any	2450
discharge that is prohibited by, or for which a permit is required	2451
by, regulation of the United States environmental protection	2452
agency.	2453

(3) Application of any materials to land for agricultural	2454
purposes or runoff of the materials from that application or	2455
pollution by animal waste or soil sediment, including attached	2456
substances, resulting from farming, silvicultural, or earthmoving	2457
activities regulated by Chapter 307. or 1511. of the Revised Code.	2458
Division (F)(3) of this section does not authorize, without a	2459
permit, any discharge that is prohibited by, or for which a permit	2460
is required by, the Federal Water Pollution Control Act or	2461
regulations adopted under it.	2462

(4) The excrement of domestic and farm animals defecated on	2463
land or runoff therefrom into any waters of the state. Division	2464
(F)(4) of this section does not authorize, without a permit, any	2465
discharge that is prohibited by, or for which a permit is required	2466
by, the Federal Water Pollution Control Act or regulations adopted	2467
under it.	2468

(5) On and after the date on which the United States	2469
environmental protection agency approves the NPDES program	2470
submitted by the director of agriculture under section 903.08 of	2471
the Revised Code, any discharge that is within the scope of the	2472
approved NPDES program submitted by the director of agriculture;	2473

(6) The discharge of sewage, industrial waste, or other	2474
wastes into a sewerage system tributary to a treatment works.	2475
Division (F)(6) of this section does not authorize any discharge	2476
into a publicly owned treatment works in violation of a	2477
pretreatment program applicable to the publicly owned treatment	2478
works.	2479

(7) Septic tanks or other disposal systems for the disposal	2480
or treatment of sewage from single-family, two-family, or	2481
three-family dwellings in compliance with the sanitary code and	2482
section 3707.01 of the Revised Code. Division (F)(7) of this	2483
section does not authorize, without a permit, any discharge that	2484
is prohibited by, or for which a permit is required by,	2485
regulation of the United States environmental protection agency.	2486

(8) Exceptional quality sludge generated outside of this	2487
state and contained in bags or other containers not greater than	2488
one hundred pounds in capacity. As used in division (F)(8) of this	2489
section, "exceptional quality sludge" has the same meaning as in	2490
division (Y) of section 3745.11 of the Revised Code.	2491

(9) On and after the date on which the United States	2492
environmental protection agency approves the NPDES program	2493
submitted by the chief of the division of mineral resources	2494
management in the department of natural resources under section	2495
1513.55 of the Revised Code, any discharge that is within the	2496
scope of the approved NPDES program submitted by the chief. The	2497
chief shall administer and enforce NPDES permits within the scope	2498
of that approved NPDES program.	2499

(G) The holder of a permit issued under section 402 (a) of	2500
the Federal Water Pollution Control Act need not obtain a permit	2501
for a discharge authorized by the permit until its expiration	2502
date. Except as otherwise provided in this division, the director	2503
of environmental protection shall administer and enforce those	2504
permits within this state and may modify their terms and	2505
conditions in accordance with division (J) of section 6111.03 of	2506
the Revised Code. On and after the date on which the United States	2507
environmental protection agency approves the NPDES program	2508
submitted by the director of agriculture under section 903.08 of	2509
the Revised Code, the director of agriculture shall administer and	2510
enforce those permits within this state that are issued for any	2511
discharge that is within the scope of the approved NPDES program	2512
submitted by the director of agriculture. On and after the date on	2513
which the United States environmental protection agency approves	2514
the NPDES program submitted by the chief of the division of	2515
mineral resources management under section 1513.55 of the Revised	2516
Code, the chief shall administer and enforce those permits within	2517
this state that are issued for any discharge that is within the	2518
scope of the approved NPDES program submitted by the chief.	2519

Sec. 6111.30. (A) Applications for a section 401 water	2520
quality certification required under division (P) of section	2521
6111.03 of the Revised Code shall be submitted on forms provided	2522
by the director of environmental protection and shall include all	2523
information required on those forms as well as all of the	2524
following:	2525

(1) A copy of a letter from the United States army corps of	2526
engineers documenting its jurisdiction over the wetlands, streams,	2527
or other waters of the state that are the subject of the section	2528
401 water quality certification application;	2529

(2) If the project involves impacts to a wetland, a wetland	2530
characterization analysis consistent with the Ohio rapid	2531
assessment method;	2532

(3) If the project involves a stream for which a specific	2533
aquatic life use designation has not been made, a use	2534
attainability analysis;	2535

(4) A specific and detailed mitigation proposal, including	2536
the location and proposed legal mechanism for protecting the	2537
property in perpetuity;	2538

(5)(4) Applicable fees;

2539

(6)(5) Site photographs;

2540

(7)(6) Adequate documentation confirming that the applicant	2541
has requested comments from the department of natural resources	2542
and the United States fish and wildlife service regarding	2543
threatened and endangered species, including the presence or	2544
absence of critical habitat;	2545

(8)(7) Descriptions, schematics, and appropriate economic	2546
information concerning the applicant's preferred alternative,	2547
nondegradation alternatives, and minimum degradation alternatives	2548
for the design and operation of the project;	2549

(9)(8) The applicant's investigation report of the waters of	2550
the United States in support of a section 404 permit application	2551
concerning the project;	2552

(10)(9) A copy of the United States army corps of engineers'	2553
public notice regarding the section 404 permit application	2554
concerning the project.	2555

(B) Not later than fifteen business days after the receipt of	2556
an application for a section 401 water quality certification, the	2557
director shall review the application to determine if it is	2558
complete and shall notify the applicant in writing as to whether	2559
the application is complete. If the director fails to notify the	2560
applicant within fifteen business days regarding the completeness	2561
of the application, the application is considered complete. If the	2562
director determines that the application is not complete, the	2563
director shall include with the written notification an itemized	2564
list of the information or materials that are necessary to	2565
complete the application. If the applicant fails to provide the	2566
information or materials within sixty days after the director's	2567
receipt of the application, the director may return the incomplete	2568
application to the applicant and take no further action on the	2569
application. If the application is returned to the applicant	2570
because it is incomplete, the director shall return the review fee	2571
levied under division (A)(1), (2), or (3) of section 3745.114 of	2572
the Revised Code to the applicant, but shall retain the	2573
application fee levied under that section.	2574

(C) Not later than twenty-one days after a determination that	2575
an application is complete under division (B) of this section, the	2576
applicant shall publish public notice of the director's receipt of	2577
the complete application in a newspaper of general circulation in	2578
the county in which the project that is the subject of the	2579
application is located. The public notice shall be in a form	2580
acceptable to the director. The applicant shall promptly provide	2581
the director with proof of publication. The applicant may choose,	2582
subject to review by and approval of the director, to include in	2583
the public notice an advertisement for an antidegradation public	2584
hearing on the application pursuant to section 6111.12 of the	2585
Revised Code. There shall be a public comment period of thirty	2586
days following the publication of the public notice.	2587

(D) If the director determines that there is significant	2588
public interest in a public hearing as evidenced by the public	2589
comments received concerning the application and by other requests	2590
for a public hearing on the application, the director or the	2591
director's representative shall conduct a public hearing	2592
concerning the application. Notice of the public hearing shall be	2593
published by the applicant, subject to review and approval by the	2594
director, at least thirty days prior to the date of the hearing in	2595
a newspaper of general circulation in the county in which the	2596
project that is the subject of the application is to take place.	2597
If a public hearing is requested concerning an application, the	2598
director shall accept comments concerning the application until	2599
five business days after the public hearing. A public hearing	2600
conducted under this division shall take place not later than one	2601
hundred days after the application is determined to be complete.	2602

(E) The director shall forward all public comments concerning	2603
an application submitted under this section that are received	2604
through the public involvement process required by rules adopted	2605
under this chapter to the applicant not later than five business	2606
days after receipt of the comments by the director.	2607

(F) The applicant shall respond in writing to written	2608
comments or to deficiencies identified by the director during the	2609
course of reviewing the application not later than fifteen days	2610
after receiving or being notified of them.	2611

(G) The director shall issue or deny a section 401 water	2612
quality certification not later than one hundred eighty days after	2613
the complete application for the certification is received. The	2614
director shall provide an applicant for a section 401 water	2615
quality certification with an opportunity to review the	2616
certification prior to its issuance.	2617

(H) The director shall maintain an accessible database that	2618
includes environmentally beneficial water restoration and	2619
protection projects that may serve as potential mitigation	2620
projects for projects in the state for which a section 401 water	2621
quality certification is required. A project's inclusion in the	2622
database does not constitute an approval of the project.	2623

(I) This section does not apply to coal mining and	2624
reclamation operations that are regulated under Chapter 1513. of	2625
the Revised Code.	2626

(J) As used in this section and sectionssection 6111.31 and	2627
6111.32 of the Revised Code, "section 401 water quality	2628
certification" means certification pursuant to section 401 of the	2629
Federal Water Pollution Control Act and this chapter and rules	2630
adopted under it that any discharge, as set forth in section 401,	2631
will comply with sections 301, 302, 303, 306, and 307 of the	2632
Federal Water Pollution Control Act.	2633

Sec. 6111.44.  (A) Except as otherwise provided in division	2634
(B) of this section, in section 6111.14 of the Revised Code, or in	2635
rules adopted under division (G) of section 6111.03 of the Revised	2636
Code, no municipal corporation, county, public institution,	2637
corporation, or officer or employee thereof or other person shall	2638
provide or install sewerage or treatment works for sewage, sludge,	2639
or sludge materials disposal or treatment or make a change in any	2640
sewerage or treatment works until the plans therefor have been	2641
submitted to and approved by the director of environmental	2642
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	2643
to sewerage and treatment works of a municipal corporation or part	2644
thereof, an unincorporated community, a county sewer district, or	2645
other land outside of a municipal corporation or any publicly or	2646
privately owned building or group of buildings or place, used for	2647
the assemblage, entertainment, recreation, education, correction,	2648
hospitalization, housing, or employment of persons.	2649

In granting an approval, the director may stipulate	2650
modifications, conditions, and rules that the public health and	2651
prevention of pollution may require. Any action taken by the	2652
director shall be a matter of public record and shall be entered	2653
in the director's journal. Each period of thirty days that a	2654
violation of this section continues, after a conviction for the	2655
violation, constitutes a separate offense.	2656

(B) Sections 6111.45 and 6111.46 of the Revised Code and	2657
division (A) of this section do not apply to any of the following:	2658

(1) Sewerage or treatment works for sewage installed or to be	2659
installed for the use of a private residence or dwelling;	2660

(2) Sewerage systems, treatment works, or disposal systems	2661
for storm water from an animal feeding facility or manure, as	2662
"animal feeding facility" and "manure" are defined in section	2663
903.01 of the Revised Code;	2664

(3) Animal waste treatment or disposal works and related	2665
management and conservation practices that are subject to rules	2666
adopted under division (E)(2) of section 1511.02 of the Revised	2667
Code;	2668

(4) On and after the date on which the chief of the division	2669
of mineral resources management in the department of natural	2670
resources has finalized the permit to install program required	2671
under section 1513.53 of the Revised Code, disposal systems at	2672
coal mining and reclamation operations that are regulated under	2673
Chapter 1513. of the Revised Code. The chief shall administer and	2674
enforce permits to install within the scope of that program.	2675

The exclusions established in divisions (B)(2) and (3) of	2676
this section do not apply to the construction or installation of	2677
disposal systems, as defined in section 6111.01 of the Revised	2678
Code, that are located at an animal feeding facility and that	2679
store, treat, or discharge wastewaters that do not include storm	2680
water or manure or that discharge to a publicly owned treatment	2681
works.	2682

Section 2.  That existing sections 1513.02, 1513.07,	2683
1513.181, 1513.99, 3745.114, 6111.03, 6111.035, 6111.04, 6111.30,	2684
and 6111.44 of the Revised Code are hereby repealed.	2685

Section 3. That the versions of sections 6111.04 and 6111.44	2686
of the Revised Code that are scheduled to take effect July 1,	2687
2009, be amended to read as follows:	2688

Sec. 6111.04.  (A) Both of the following apply except as	2689
otherwise provided in division (A) or (F) of this section:	2690

(1) No person shall cause pollution or place or cause to be	2691
placed any sewage, sludge, sludge materials, industrial waste, or	2692
other wastes in a location where they cause pollution of any	2693
waters of the state.	2694

(2) Such an action prohibited under division (A)(1) of this	2695
section is hereby declared to be a public nuisance.	2696

Divisions (A)(1) and (2) of this section do not apply if the	2697
person causing pollution or placing or causing to be placed wastes	2698
in a location in which they cause pollution of any waters of the	2699
state holds a valid, unexpired permit, or renewal of a permit,	2700
governing the causing or placement as provided in sections 6111.01	2701
to 6111.08 of the Revised Code or if the person's application for	2702
renewal of such a permit is pending.	2703

(B) If the director of environmental protection administers a	2704
sludge management program pursuant to division (S) of section	2705
6111.03 of the Revised Code, both of the following apply except as	2706
otherwise provided in division (B) or (F) of this section:	2707

(1) No person, in the course of sludge management, shall	2708
place on land located in the state or release into the air of the	2709
state any sludge or sludge materials.	2710

(2) An action prohibited under division (B)(1) of this	2711
section is hereby declared to be a public nuisance.	2712

Divisions (B)(1) and (2) of this section do not apply if the	2713
person placing or releasing the sludge or sludge materials holds a	2714
valid, unexpired permit, or renewal of a permit, governing the	2715
placement or release as provided in sections 6111.01 to 6111.08 of	2716
the Revised Code or if the person's application for renewal of	2717
such a permit is pending.	2718

(C) No person to whom a permit has been issued shall place or	2719
discharge, or cause to be placed or discharged, in any waters of	2720
the state any sewage, sludge, sludge materials, industrial waste,	2721
or other wastes in excess of the permissive discharges specified	2722
under an existing permit without first receiving a permit from the	2723
director to do so.	2724

(D) No person to whom a sludge management permit has been	2725
issued shall place on the land or release into the air of the	2726
state any sludge or sludge materials in excess of the permissive	2727
amounts specified under the existing sludge management permit	2728
without first receiving a modification of the existing sludge	2729
management permit or a new sludge management permit to do so from	2730
the director.	2731

(E) The director may require the submission of plans,	2732
specifications, and other information that the director considers	2733
relevant in connection with the issuance of permits.	2734

(F) This section does not apply to any of the following:

2735

(1) Waters used in washing sand, gravel, other aggregates, or	2736
mineral products when the washing and the ultimate disposal of the	2737
water used in the washing, including any sewage, industrial waste,	2738
or other wastes contained in the waters, are entirely confined to	2739
the land under the control of the person engaged in the recovery	2740
and processing of the sand, gravel, other aggregates, or mineral	2741
products and do not result in the pollution of waters of the	2742
state;	2743

(2) Water, gas, or other material injected into a well to	2744
facilitate, or that is incidental to, the production of oil, gas,	2745
artificial brine, or water derived in association with oil or gas	2746
production and disposed of in a well, in compliance with a permit	2747
issued under Chapter 1509. of the Revised Code, or sewage,	2748
industrial waste, or other wastes injected into a well in	2749
compliance with an injection well operating permit. Division	2750
(F)(2) of this section does not authorize, without a permit, any	2751
discharge that is prohibited by, or for which a permit is required	2752
by, regulation of the United States environmental protection	2753
agency.	2754

(3) Application of any materials to land for agricultural	2755
purposes or runoff of the materials from that application or	2756
pollution by animal waste or soil sediment, including attached	2757
substances, resulting from farming, silvicultural, or earthmoving	2758
activities regulated by Chapter 307. or 1511. of the Revised Code.	2759
Division (F)(3) of this section does not authorize, without a	2760
permit, any discharge that is prohibited by, or for which a permit	2761
is required by, the Federal Water Pollution Control Act or	2762
regulations adopted under it.	2763

(4) The excrement of domestic and farm animals defecated on	2764
land or runoff therefrom into any waters of the state. Division	2765
(F)(4) of this section does not authorize, without a permit, any	2766
discharge that is prohibited by, or for which a permit is required	2767
by, the Federal Water Pollution Control Act or regulations adopted	2768
under it.	2769

(5) On and after the date on which the United States	2770
environmental protection agency approves the NPDES program	2771
submitted by the director of agriculture under section 903.08 of	2772
the Revised Code, any discharge that is within the scope of the	2773
approved NPDES program submitted by the director of agriculture;	2774

(6) The discharge of sewage, industrial waste, or other	2775
wastes into a sewerage system tributary to a treatment works.	2776
Division (F)(6) of this section does not authorize any discharge	2777
into a publicly owned treatment works in violation of a	2778
pretreatment program applicable to the publicly owned treatment	2779
works.	2780

(7) A household sewage treatment system or a small flow	2781
on-site sewage treatment system, as applicable, as defined in	2782
section 3718.01 of the Revised Code that is installed in	2783
compliance with Chapter 3718. of the Revised Code and rules	2784
adopted under it. Division (F)(7) of this section does not	2785
authorize, without a permit, any discharge that is prohibited by,	2786
or for which a permit is required by, regulation of the United	2787
States environmental protection agency.	2788

(8) Exceptional quality sludge generated outside of this	2789
state and contained in bags or other containers not greater than	2790
one hundred pounds in capacity. As used in division (F)(8) of this	2791
section, "exceptional quality sludge" has the same meaning as in	2792
division (Y) of section 3745.11 of the Revised Code.	2793

(9) On and after the date on which the United States	2794
environmental protection agency approves the NPDES program	2795
submitted by the chief of the division of mineral resources	2796
management in the department of natural resources under section	2797
1513.55 of the Revised Code, any discharge that is within the	2798
scope of the approved NPDES program submitted by the chief. The	2799
chief shall administer and enforce NPDES permits within the scope	2800
of that approved NPDES program.	2801

(G) The holder of a permit issued under section 402 (a) of	2802
the Federal Water Pollution Control Act need not obtain a permit	2803
for a discharge authorized by the permit until its expiration	2804
date. Except as otherwise provided in this division, the director	2805
of environmental protection shall administer and enforce those	2806
permits within this state and may modify their terms and	2807
conditions in accordance with division (J) of section 6111.03 of	2808
the Revised Code. On and after the date on which the United States	2809
environmental protection agency approves the NPDES program	2810
submitted by the director of agriculture under section 903.08 of	2811
the Revised Code, the director of agriculture shall administer and	2812
enforce those permits within this state that are issued for any	2813
discharge that is within the scope of the approved NPDES program	2814
submitted by the director of agriculture. On and after the date on	2815
which the United States environmental protection agency approves	2816
the NPDES program submitted by the chief of the division of	2817
mineral resources management under section 1513.55 of the Revised	2818
Code, the chief shall administer and enforce those permits within	2819
this state that are issued for any discharge that is within the	2820
scope of the approved NPDES program submitted by the chief.	2821

Sec. 6111.44.  (A) Except as otherwise provided in division	2822
(B) of this section, in section 6111.14 of the Revised Code, or in	2823
rules adopted under division (G) of section 6111.03 of the Revised	2824
Code, no municipal corporation, county, public institution,	2825
corporation, or officer or employee thereof or other person shall	2826
provide or install sewerage or treatment works for sewage, sludge,	2827
or sludge materials disposal or treatment or make a change in any	2828
sewerage or treatment works until the plans therefor have been	2829
submitted to and approved by the director of environmental	2830
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	2831
to sewerage and treatment works of a municipal corporation or part	2832
thereof, an unincorporated community, a county sewer district, or	2833
other land outside of a municipal corporation or any publicly or	2834
privately owned building or group of buildings or place, used for	2835
the assemblage, entertainment, recreation, education, correction,	2836
hospitalization, housing, or employment of persons.	2837

In granting an approval, the director may stipulate	2838
modifications, conditions, and rules that the public health and	2839
prevention of pollution may require. Any action taken by the	2840
director shall be a matter of public record and shall be entered	2841
in the director's journal. Each period of thirty days that a	2842
violation of this section continues, after a conviction for the	2843
violation, constitutes a separate offense.	2844

(B) Sections 6111.45 and 6111.46 of the Revised Code and	2845
division (A) of this section do not apply to any of the following:	2846

(1) Sewerage or treatment works for sewage installed or to be	2847
installed for the use of a private residence or dwelling;	2848

(2) Sewerage systems, treatment works, or disposal systems	2849
for storm water from an animal feeding facility or manure, as	2850
"animal feeding facility" and "manure" are defined in section	2851
903.01 of the Revised Code;	2852

(3) Animal waste treatment or disposal works and related	2853
management and conservation practices that are subject to rules	2854
adopted under division (E)(2) of section 1511.02 of the Revised	2855
Code;	2856

(4) Sewerage or treatment works for the on-lot disposal or	2857
treatment of sewage from a small flow on-site sewage treatment	2858
system, as defined in section 3718.01 of the Revised Code, if the	2859
board of health of a city or general health district has notified	2860
the director of health and the director of environmental	2861
protection under section 3718.021 of the Revised Code that the	2862
board has chosen to regulate the system, provided that the board	2863
remains in compliance with the rules adopted under division	2864
(A)(13) of section 3718.02 of the Revised Code;	2865

(5) On and after the date on which the chief of the division	2866
of mineral resources management in the department of natural	2867
resources has finalized the permit to install program required	2868
under section 1513.53 of the Revised Code, disposal systems at	2869
coal mining and reclamation operations that are regulated under	2870
Chapter 1513. of the Revised Code. The chief shall administer and	2871
enforce permits to install within the scope of that program.	2872

The exclusions established in divisions (B)(2) and (3) of	2873
this section do not apply to the construction or installation of	2874
disposal systems, as defined in section 6111.01 of the Revised	2875
Code, that are located at an animal feeding facility and that	2876
store, treat, or discharge wastewaters that do not include storm	2877
water or manure or that discharge to a publicly owned treatment	2878
works.	2879

Section 4. That the existing versions of sections 6111.04 and	2880
6111.44 of the Revised Code that are scheduled to take effect July	2881
1, 2009, are hereby repealed.	2882

Section 5. Sections 3 and 4 of this act shall take effect	2883
July 1, 2009.	2884

Section 6.  (A) On the date on which the chief of the	2885
Division of Mineral Resources Management in the Department of	2886
Natural Resources has finalized the program required under	2887
division (A)(1) of section 1513.53 of the Revised Code, as enacted	2888
by this act, the Director of Environmental Protection shall	2889
provide the Chief with both of the following:	2890

(1) Copies of all permits issued under division (J)(1) of	2891
section 6111.03 of the Revised Code for the installation of	2892
disposal systems at coal mining and reclamation operations that	2893
were issued on or before that date together with any related	2894
information that the Chief requests;	2895

(2) All permit applications and accompanying information for	2896
the installation of disposal systems at coal mining and	2897
reclamation operations that were submitted under division (J)(1)	2898
of section 6111.03 of the Revised Code prior to the date specified	2899
in division (A) of this section.	2900

(B) On the date on which the United States Environmental	2901
Protection Agency approves the NPDES program submitted by the	2902
Chief of the Division of Mineral Resources Management under	2903
section 1513.55 of the Revised Code, as enacted by this act, the	2904
Director of Environmental Protection shall provide the Chief with	2905
all of the following:	2906

(1) Copies of all NPDES permits issued under division (J)(1)	2907
of section 6111.03 of the Revised Code applicable to coal mining	2908
and reclamation operations that were issued on or before that date	2909
together with any related information that the Chief requests;	2910

(2) All NPDES permit applications and accompanying	2911
information that pertain to coal mining and reclamation operations	2912
that were submitted under division (J)(1) of section 6111.03 of	2913
the Revised Code prior to the date specified in division (B) of	2914
this section;	2915

(3) Information identifying all coal mining and reclamation	2916
operations that are covered by or have applied for coverage under	2917
a general permit issued under section 6111.035 of the Revised Code	2918
on or prior to the date specified in division (B) of this section,	2919
as applicable.	2920

(C) As used in this section, "coal mining and reclamation	2921
operations" means coal mining and reclamation operations that are	2922
regulated under Chapter 1513. of the Revised Code.	2923