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To amend sections 1513.01, 1513.07, 1513.08, 1513.18, | 1 |
and 5749.02 of the Revised Code to revise the | 2 |
laws governing coal mining with regard to the | 3 |
imposition of a portion of the severance tax on | 4 |
coal and performance security and reclamation, | 5 |
and to declare an emergency. | 6 |
Section 1. That sections 1513.01, 1513.07, 1513.08, 1513.18, | 7 |
and 5749.02 of the Revised Code be amended to read as follows: | 8 |
Sec. 1513.01. As used in this chapter: | 9 |
(A) "Approximate original contour" means that surface | 10 |
configuration achieved by backfilling and grading of a mined area | 11 |
so that the reclaimed area, including any terracing or access | 12 |
roads, closely resembles the general surface configuration of the | 13 |
land prior to mining and blends into and complements the drainage | 14 |
pattern of the surrounding terrain, with all highwalls and spoil | 15 |
piles eliminated; water impoundments may be permitted where the | 16 |
chief of the division of mineral resources management determines | 17 |
that they are in compliance with division (A)(8) of section | 18 |
1513.16 of the Revised Code. | 19 |
(B) "Coal mining and reclamation operations" means coal | 20 |
mining operations and all activities necessary and incident to the | 21 |
reclamation of such operations. | 22 |
(C) "Degrees" means inclination from the horizontal. | 23 |
(D) "Deposition of sediment" means placing or causing to be | 24 |
placed in any waters of the state, in stream beds on or off the | 25 |
land described in an application for a coal mining permit, or upon | 26 |
other lands any organic or inorganic matter that settles or is | 27 |
capable of settling to the bottom of the waters and onto the beds | 28 |
or lands. | 29 |
(E) "Imminent danger to the health and safety of the public" | 30 |
means the existence of any condition or practice or violation of a | 31 |
permit or other requirement of this chapter or rule adopted | 32 |
thereunder in a coal mining and reclamation operation, which | 33 |
condition, practice, or violation could reasonably be expected to | 34 |
cause substantial physical harm to persons outside the permit area | 35 |
before the condition, practice, or violation can be abated. A | 36 |
reasonable expectation of death or serious injury before abatement | 37 |
exists if a rational person subjected to the same conditions or | 38 |
practices giving rise to the peril would not expose oneself to the | 39 |
danger during the time necessary for abatement. | 40 |
(F) "Lands eligible for remining" means those lands that | 41 |
otherwise would be eligible for expenditures under division (C)(1) | 42 |
of section 1513.37 of the Revised Code. | 43 |
(G) "Mountain top removal" means a coal mining operation that | 44 |
will remove an entire coal seam or seams running through the upper | 45 |
fraction of a mountain, ridge, or hill by removing all of the | 46 |
overburden and creating a level plateau with no highwalls | 47 |
remaining instead of restoring to approximate original contour, | 48 |
and is capable of supporting postmining uses in accordance with | 49 |
the requirements established by the chief. | 50 |
(H) "Operation" or "coal mining operation" means: | 51 |
(1) Activities conducted on the surface of lands in | 52 |
connection with a coal mine, the removal of coal from coal refuse | 53 |
piles, and surface impacts incident to an underground coal mine. | 54 |
Such activities include excavation for the purpose of obtaining | 55 |
coal, including such common methods as contour, strip, auger, | 56 |
mountaintop removal, box cut, open pit, and area mining; the use | 57 |
of explosives and blasting; in situ distillation or retorting; | 58 |
leaching or other chemical or physical processing; and the | 59 |
cleaning, concentrating, or other processing or preparation of | 60 |
coal. Such activities also include the loading of coal at or near | 61 |
the mine site. Such activities do not include any of the | 62 |
following: | 63 |
(a) The extraction of coal incidental to the extraction of | 64 |
other minerals if the weight of coal extracted is less than | 65 |
one-sixth the total weight of minerals removed, including coal; | 66 |
(b) The extraction of coal as an incidental part of federal, | 67 |
state, or local highway or other government-financed construction | 68 |
when approved by the chief; | 69 |
(c) Coal exploration subject to section 1513.072 of the | 70 |
Revised Code. | 71 |
(2) The areas upon which such activities occur or where such | 72 |
activities disturb the natural land surface. Such areas include | 73 |
any adjacent land the use of which is incidental to any such | 74 |
activities, all lands affected by the construction of new roads or | 75 |
the improvement or use of existing roads to gain access to the | 76 |
site of such activities, and for hauling, and excavation, | 77 |
workings, impoundments, dams, ventilation shafts, entryways, | 78 |
refuse banks, dumps, stockpiles, overburden piles, spoil banks, | 79 |
culm banks, holes or depressions, repair areas, storage areas, | 80 |
processing areas, shipping areas, and other areas upon which are | 81 |
sited structures, facilities, or other property or materials on | 82 |
the surface, resulting from or incident to such activities. | 83 |
Separation by a stream, roadway, or utility easement does not | 84 |
preclude two or more contiguous tracts of land from being | 85 |
considered contiguous. | 86 |
(I) "Operator" means any person conducting a coal mining | 87 |
operation. | 88 |
(J) "Overburden" means all of the earth and other materials, | 89 |
except topsoil, covering a natural deposit of coal, and also means | 90 |
such earth and other materials after removal from their natural | 91 |
state in the process of coal mining. | 92 |
(K) "Permit" means a permit to conduct coal mining and | 93 |
reclamation operations issued by the chief pursuant to section | 94 |
1513.07 or 1513.074 of the Revised Code. | 95 |
(L) "Permit area" means the area of land to be affected | 96 |
indicated on the approved map submitted by the operator with the | 97 |
application required by section 1513.07 or 1513.074 of the Revised | 98 |
Code. | 99 |
(M) "Person" has the same meaning as in section 1.59 of the | 100 |
Revised Code and also includes any political subdivision, | 101 |
instrumentality, or agency of this state or the United States. | 102 |
(N) "Pollution" means placing any sediments, solids, or | 103 |
waterborne mining-related wastes, including, but not limited to, | 104 |
acids, metallic cations, or their salts, in excess of amounts | 105 |
prescribed by the chief into any waters of the state or affecting | 106 |
the properties of any waters of the state in a manner that renders | 107 |
those waters harmful or inimical to the public health, or to | 108 |
animal or aquatic life, or to the use of the waters for domestic | 109 |
water supply, industrial or agricultural purposes, or recreation. | 110 |
(O) "Prime farmland" has the same meaning as that previously | 111 |
prescribed by the secretary of the United States department of | 112 |
agriculture as published in the federal register on August 23, | 113 |
1977, or subsequent revisions thereof, on the basis of such | 114 |
factors as moisture availability, temperature regime, chemical | 115 |
balance, permeability, surface layer composition, susceptibility | 116 |
to flooding, and erosion characteristics and that historically has | 117 |
been used for intensive agricultural purposes, and as published in | 118 |
the rules adopted pursuant to this chapter. | 119 |
(P) "Reclamation" means backfilling, grading, resoiling, | 120 |
planting, and other work that has the effect of restoring an area | 121 |
of land affected by coal mining so that it may be used for forest | 122 |
growth, grazing, agricultural, recreational, and wildlife purpose, | 123 |
or some other useful purpose of equal or greater value than | 124 |
existed prior to any mining. | 125 |
(Q) "Spoil bank" means a deposit of removed overburden. | 126 |
(R) "Steep slope" means any slope above twenty degrees or | 127 |
such lesser slope as may be defined by the chief after considering | 128 |
soil, climate, and other characteristics of a region. | 129 |
(S) "Strip mining" means those coal mining and reclamation | 130 |
operations incident to the extraction of coal from the earth by | 131 |
removing the materials over a coal seam, before recovering the | 132 |
coal, by auger coal mining, or by recovery of coal from a deposit | 133 |
that is not in its original geologic location. | 134 |
(T) "Unwarranted failure to comply" means the failure of a | 135 |
permittee to prevent the occurrence of any violation of any | 136 |
requirement of this chapter due to indifference, lack of | 137 |
diligence, or lack of reasonable care, or the failure to abate any | 138 |
violation of the permit or this chapter due to indifference, lack | 139 |
of diligence, or lack of reasonable care. | 140 |
(U) "Waters of the state" means all streams, lakes, ponds, | 141 |
marshes, watercourses, waterways, wells, springs, irrigation | 142 |
systems, drainage systems, and other bodies or accumulations of | 143 |
water, surface or underground, natural or artificial, regardless | 144 |
of the depth of the strata in which underground water is located, | 145 |
that are situated wholly or partly within, or border upon, this | 146 |
state, or are within its jurisdiction. | 147 |
(V) "Public roadway" means a road that is all of the | 148 |
following: | 149 |
(1) Designated as a public road in the jurisdiction within | 150 |
which it is located; | 151 |
(2) Constructed in a manner consistent with other public | 152 |
roads within the jurisdiction within which it is located; | 153 |
(3) Regularly maintained with public funds; | 154 |
(4) Subject to and available for substantial use by the | 155 |
public. | 156 |
(W) "Performance security" means a form of financial | 157 |
assurance, including, without limitation, a surety bond issued by | 158 |
a surety licensed to do business in this state; | 159 |
a negotiable certificate of deposit; an irrevocable letter of | 160 |
credit that automatically renews; a negotiable bond of the United | 161 |
States, this state, or a municipal corporation in this state; a | 162 |
trust fund of which the state is | 163 |
beneficiary; or other form of financial guarantee or financial | 164 |
assurance that is acceptable to the chief. | 165 |
Sec. 1513.07. (A)(1) No operator shall conduct a coal mining | 166 |
operation without a permit for the operation issued by the chief | 167 |
of the division of mineral resources management. | 168 |
(2) All permits issued pursuant to this chapter shall be | 169 |
issued for a term not to exceed five years, except that, if the | 170 |
applicant demonstrates that a specified longer term is reasonably | 171 |
needed to allow the applicant to obtain necessary financing for | 172 |
equipment and the opening of the operation and if the application | 173 |
is full and complete for the specified longer term, the chief may | 174 |
grant a permit for the longer term. A successor in interest to a | 175 |
permittee who applies for a new permit within thirty days after | 176 |
succeeding to the interest and who is able to obtain the | 177 |
performance security of the original permittee may continue coal | 178 |
mining and reclamation operations according to the approved mining | 179 |
and reclamation plan of the original permittee until the | 180 |
successor's application is granted or denied. | 181 |
(3) A permit shall terminate if the permittee has not | 182 |
commenced the coal mining operations covered by the permit within | 183 |
three years after the issuance of the permit, except that the | 184 |
chief may grant reasonable extensions of the time upon a showing | 185 |
that the extensions are necessary by reason of litigation | 186 |
precluding the commencement or threatening substantial economic | 187 |
loss to the permittee or by reason of conditions beyond the | 188 |
control and without the fault or negligence of the permittee, and | 189 |
except that with respect to coal to be mined for use in a | 190 |
synthetic fuel facility or specified major electric generating | 191 |
facility, the permittee shall be deemed to have commenced coal | 192 |
mining operations at the time construction of the synthetic fuel | 193 |
or generating facility is initiated. | 194 |
(4)(a) Any permit issued pursuant to this chapter shall carry | 195 |
with it the right of successive renewal upon expiration with | 196 |
respect to areas within the boundaries of the permit. The holders | 197 |
of the permit may apply for renewal and the renewal shall be | 198 |
issued unless the chief determines by written findings, subsequent | 199 |
to fulfillment of the public notice requirements of this section | 200 |
and section 1513.071 of the Revised Code through demonstrations by | 201 |
opponents of renewal or otherwise, that one or more of the | 202 |
following circumstances exists: | 203 |
(i) The terms and conditions of the existing permit are not | 204 |
being satisfactorily met. | 205 |
(ii) The present coal mining and reclamation operation is not | 206 |
in compliance with the environmental protection standards of this | 207 |
chapter. | 208 |
(iii) The renewal requested substantially jeopardizes the | 209 |
operator's continuing responsibilities on existing permit areas. | 210 |
(iv) The applicant has not provided evidence that the | 211 |
performance security in effect for the operation will continue in | 212 |
effect for any renewal requested in the application. | 213 |
(v) Any additional, revised, or updated information required | 214 |
by the chief has not been provided. Prior to the approval of any | 215 |
renewal of a permit, the chief shall provide notice to the | 216 |
appropriate public authorities as prescribed by rule of the chief. | 217 |
(b) If an application for renewal of a valid permit includes | 218 |
a proposal to extend the mining operation beyond the boundaries | 219 |
authorized in the existing permit, the portion of the application | 220 |
for renewal of a valid permit that addresses any new land areas | 221 |
shall be subject to the full standards applicable to new | 222 |
applications under this chapter. | 223 |
(c) A permit renewal shall be for a term not to exceed the | 224 |
period of the original permit established by this chapter. | 225 |
Application for permit renewal shall be made at least one hundred | 226 |
twenty days prior to the expiration of the valid permit. | 227 |
(5) A permit issued pursuant to this chapter does not | 228 |
eliminate the requirements for obtaining a permit to install or | 229 |
modify a disposal system or any part thereof or to discharge | 230 |
sewage, industrial waste, or other wastes into the waters of the | 231 |
state in accordance with Chapter 6111. of the Revised Code. | 232 |
(B)(1) The permit application shall be submitted in a manner | 233 |
satisfactory to the chief and shall contain, among other things, | 234 |
all of the following: | 235 |
(a) The names and addresses of all of the following: | 236 |
(i) The permit applicant; | 237 |
(ii) Every legal owner of record of the property, surface and | 238 |
mineral, to be mined; | 239 |
(iii) The holders of record of any leasehold interest in the | 240 |
property; | 241 |
(iv) Any purchaser of record of the property under a real | 242 |
estate contract; | 243 |
(v) The operator if different from the applicant; | 244 |
(vi) If any of these are business entities other than a | 245 |
single proprietor, the names and addresses of the principals, | 246 |
officers, and statutory agent for service of process. | 247 |
(b) The names and addresses of the owners of record of all | 248 |
surface and subsurface areas adjacent to any part of the permit | 249 |
area; | 250 |
(c) A statement of any current or previous coal mining | 251 |
permits in the United States held by the applicant, the permit | 252 |
identification, and any pending applications; | 253 |
(d) If the applicant is a partnership, corporation, | 254 |
association, or other business entity, the following where | 255 |
applicable: the names and addresses of every officer, partner, | 256 |
director, or person performing a function similar to a director, | 257 |
of the applicant, the name and address of any person owning, of | 258 |
record, ten per cent or more of any class of voting stock of the | 259 |
applicant, a list of all names under which the applicant, partner, | 260 |
or principal shareholder previously operated a coal mining | 261 |
operation within the United States within the five-year period | 262 |
preceding the date of submission of the application, and a list of | 263 |
the person or persons primarily responsible for ensuring that the | 264 |
applicant complies with the requirements of this chapter and rules | 265 |
adopted pursuant thereto while mining and reclaiming under the | 266 |
permit; | 267 |
(e) A statement of whether the applicant, any subsidiary, | 268 |
affiliate, or persons controlled by or under common control with | 269 |
the applicant, any partner if the applicant is a partnership, any | 270 |
officer, principal shareholder, or director if the applicant is a | 271 |
corporation, or any other person who has a right to control or in | 272 |
fact controls the management of the applicant or the selection of | 273 |
officers, directors, or managers of the applicant: | 274 |
(i) Has ever held a federal or state coal mining permit that | 275 |
in the five-year period prior to the date of submission of the | 276 |
application has been suspended or revoked or has had a coal mining | 277 |
bond, performance security, or similar security deposited in lieu | 278 |
of bond forfeited and, if so, a brief explanation of the facts | 279 |
involved; | 280 |
(ii) Has been an officer, partner, director, principal | 281 |
shareholder, or person having the right to control or has in fact | 282 |
controlled the management of or the selection of officers, | 283 |
directors, or managers of a business entity that has had a coal | 284 |
mining or surface mining permit that in the five-year period prior | 285 |
to the date of submission of the application has been suspended or | 286 |
revoked or has had a coal mining or surface mining bond, | 287 |
performance security, or similar security deposited in lieu of | 288 |
bond forfeited and, if so, a brief explanation of the facts | 289 |
involved. | 290 |
(f) A copy of the applicant's advertisement to be published | 291 |
in a newspaper of general circulation in the locality of the | 292 |
proposed site at least once a week for four successive weeks, | 293 |
which shall include the ownership of the proposed mine, a | 294 |
description of the exact location and boundaries of the proposed | 295 |
site sufficient to make the proposed operation readily | 296 |
identifiable by local residents, and the location where the | 297 |
application is available for public inspection; | 298 |
(g) A description of the type and method of coal mining | 299 |
operation that exists or is proposed, the engineering techniques | 300 |
proposed or used, and the equipment used or proposed to be used; | 301 |
(h) The anticipated or actual starting and termination dates | 302 |
of each phase of the mining operation and number of acres of land | 303 |
to be affected; | 304 |
(i) An accurate map or plan, to an appropriate scale, clearly | 305 |
showing the land to be affected and the land upon which the | 306 |
applicant has the legal right to enter and commence coal mining | 307 |
operations, copies of those documents upon which is based the | 308 |
applicant's legal right to enter and commence coal mining | 309 |
operations, and a statement whether that right is the subject of | 310 |
pending litigation. This chapter does not authorize the chief to | 311 |
adjudicate property title disputes. | 312 |
(j) The name of the watershed and location of the surface | 313 |
stream or tributary into which drainage from the operation will be | 314 |
discharged; | 315 |
(k) A determination of the probable hydrologic consequences | 316 |
of the mining and reclamation operations, both on and off the mine | 317 |
site, with respect to the hydrologic regime, providing information | 318 |
on the quantity and quality of water in surface and ground water | 319 |
systems including the dissolved and suspended solids under | 320 |
seasonal flow conditions and the collection of sufficient data for | 321 |
the mine site and surrounding areas so that an assessment can be | 322 |
made by the chief of the probable cumulative impacts of all | 323 |
anticipated mining in the area upon the hydrology of the area and | 324 |
particularly upon water availability, but this determination shall | 325 |
not be required until hydrologic information of the general area | 326 |
prior to mining is made available from an appropriate federal or | 327 |
state agency; however, the permit shall not be approved until the | 328 |
information is available and is incorporated into the application; | 329 |
(l) When requested by the chief, the climatological factors | 330 |
that are peculiar to the locality of the land to be affected, | 331 |
including the average seasonal precipitation, the average | 332 |
direction and velocity of prevailing winds, and the seasonal | 333 |
temperature ranges; | 334 |
(m) Accurate maps prepared by or under the direction of and | 335 |
certified by a qualified registered professional engineer, | 336 |
registered surveyor, or licensed landscape architect to an | 337 |
appropriate scale clearly showing all types of information set | 338 |
forth on topographical maps of the United States geological survey | 339 |
of a scale of not more than four hundred feet to the inch, | 340 |
including all artificial features and significant known | 341 |
archeological sites. The map, among other things specified by the | 342 |
chief, shall show all boundaries of the land to be affected, the | 343 |
boundary lines and names of present owners of record of all | 344 |
surface areas abutting the permit area, and the location of all | 345 |
buildings within one thousand feet of the permit area. | 346 |
(n)(i) Cross-section maps or plans of the land to be affected | 347 |
including the actual area to be mined, prepared by or under the | 348 |
direction of and certified by a qualified registered professional | 349 |
engineer or certified professional geologist with assistance from | 350 |
experts in related fields such as hydrology, hydrogeology, | 351 |
geology, and landscape architecture, showing pertinent elevations | 352 |
and locations of test borings or core samplings and depicting the | 353 |
following information: the nature and depth of the various strata | 354 |
of overburden; the nature and thickness of any coal or rider seam | 355 |
above the coal seam to be mined; the nature of the stratum | 356 |
immediately beneath the coal seam to be mined; all mineral crop | 357 |
lines and the strike and dip of the coal to be mined within the | 358 |
area to be affected; existing or previous coal mining limits; the | 359 |
location and extent of known workings of any underground mines, | 360 |
including mine openings to the surface; the location of spoil, | 361 |
waste, or refuse areas and topsoil preservation areas; the | 362 |
location of all impoundments for waste or erosion control; any | 363 |
settling or water treatment facility; constructed or natural | 364 |
drainways and the location of any discharges to any surface body | 365 |
of water on the land to be affected or adjacent thereto; profiles | 366 |
at appropriate cross sections of the anticipated final surface | 367 |
configuration that will be achieved pursuant to the operator's | 368 |
proposed reclamation plan; the location of subsurface water, if | 369 |
encountered; the location and quality of aquifers; and the | 370 |
estimated elevation of the water table. Registered surveyors shall | 371 |
be allowed to perform all plans, maps, and certifications under | 372 |
this chapter as they are authorized under Chapter 4733. of the | 373 |
Revised Code. | 374 |
(ii) A statement of the quality and locations of subsurface | 375 |
water. The chief shall provide by rule the number of locations to | 376 |
be sampled, frequency of collection, and parameters to be analyzed | 377 |
to obtain the statement required. | 378 |
(o) A statement of the results of test borings or core | 379 |
samplings from the permit area, including logs of the drill holes, | 380 |
the thickness of the coal seam found, an analysis of the chemical | 381 |
properties of the coal, the sulfur content of any coal seam, | 382 |
chemical analysis of potentially acid or toxic forming sections of | 383 |
the overburden, and chemical analysis of the stratum lying | 384 |
immediately underneath the coal to be mined, except that this | 385 |
division may be waived by the chief with respect to the specific | 386 |
application by a written determination that its requirements are | 387 |
unnecessary. If the test borings or core samplings from the permit | 388 |
area indicate the existence of potentially acid forming or toxic | 389 |
forming quantities of sulfur in the coal or overburden to be | 390 |
disturbed by mining, the application also shall include a | 391 |
statement of the acid generating potential and the acid | 392 |
neutralizing potential of the rock strata to be disturbed as | 393 |
calculated in accordance with the calculation method established | 394 |
under section 1513.075 of the Revised Code or with another | 395 |
calculation method. | 396 |
(p) For those lands in the permit application that a | 397 |
reconnaissance inspection suggests may be prime farmlands, a soil | 398 |
survey shall be made or obtained according to standards | 399 |
established by the secretary of the United States department of | 400 |
agriculture in order to confirm the exact location of the prime | 401 |
farmlands, if any; | 402 |
(q) A certificate issued by an insurance company authorized | 403 |
to do business in this state certifying that the applicant has a | 404 |
public liability insurance policy in force for the coal mining and | 405 |
reclamation operations for which the permit is sought or evidence | 406 |
that the applicant has satisfied other state self-insurance | 407 |
requirements. The policy shall provide for personal injury and | 408 |
property damage protection in an amount adequate to compensate any | 409 |
persons damaged as a result of coal mining and reclamation | 410 |
operations, including the use of explosives, and entitled to | 411 |
compensation under the applicable provisions of state law. The | 412 |
policy shall be maintained in effect during the term of the permit | 413 |
or any renewal, including the length of all reclamation | 414 |
operations. The insurance company shall give prompt notice to the | 415 |
permittee and the chief if the public liability insurance policy | 416 |
lapses for any reason including the nonpayment of insurance | 417 |
premiums. Upon the lapse of the policy, the chief may suspend the | 418 |
permit and all other outstanding permits until proper insurance | 419 |
coverage is obtained. | 420 |
(r) The business telephone number of the applicant; | 421 |
(s) If the applicant seeks an authorization under division | 422 |
(E)(7) of this section to conduct coal mining and reclamation | 423 |
operations on areas to be covered by the permit that were affected | 424 |
by coal mining operations before August 3, 1977, that have | 425 |
resulted in continuing water pollution from or on the previously | 426 |
mined areas, such additional information pertaining to those | 427 |
previously mined areas as may be required by the chief, including, | 428 |
without limitation, maps, plans, cross sections, data necessary to | 429 |
determine existing water quality from or on those areas with | 430 |
respect to pH, iron, and manganese, and a pollution abatement plan | 431 |
that may improve water quality from or on those areas with respect | 432 |
to pH, iron, and manganese. | 433 |
(2) Information pertaining to coal seams, test borings, core | 434 |
samplings, or soil samples as required by this section shall be | 435 |
made available by the chief to any person with an interest that is | 436 |
or may be adversely affected, except that information that | 437 |
pertains only to the analysis of the chemical and physical | 438 |
properties of the coal, excluding information regarding mineral or | 439 |
elemental content that is potentially toxic in the environment, | 440 |
shall be kept confidential and not made a matter of public record. | 441 |
(3)(a) If the chief finds that the probable total annual | 442 |
production at all locations of any operator will not exceed three | 443 |
hundred thousand tons, the following activities, upon the written | 444 |
request of the operator in connection with a permit application, | 445 |
shall be performed by a qualified public or private laboratory or | 446 |
another public or private qualified entity designated by the | 447 |
chief, and the cost of the activities shall be assumed by the | 448 |
chief, provided that sufficient moneys for such assistance are | 449 |
available: | 450 |
(i) The determination of probable hydrologic consequences | 451 |
required under division (B)(1)(k) of this section; | 452 |
(ii) The development of cross-section maps and plans required | 453 |
under division (B)(1)(n)(i) of this section; | 454 |
(iii) The geologic drilling and statement of results of test | 455 |
borings and core samplings required under division (B)(1)(o) of | 456 |
this section; | 457 |
(iv) The collection of archaeological information required | 458 |
under division (B)(1)(m) of this section and any other | 459 |
archaeological and historical information required by the chief, | 460 |
and the preparation of plans necessitated thereby; | 461 |
(v) Pre-blast surveys required under division (E) of section | 462 |
1513.161 of the Revised Code; | 463 |
(vi) The collection of site-specific resource information and | 464 |
production of protection and enhancement plans for fish and | 465 |
wildlife habitats and other environmental values required by the | 466 |
chief under this chapter. | 467 |
(b) A coal operator that has received assistance under | 468 |
division (B)(3)(a) of this section shall reimburse the chief for | 469 |
the cost of the services rendered if the chief finds that the | 470 |
operator's actual and attributed annual production of coal for all | 471 |
locations exceeds three hundred thousand tons during the twelve | 472 |
months immediately following the date on which the operator was | 473 |
issued a coal mining and reclamation permit. | 474 |
(4) Each applicant for a permit shall submit to the chief as | 475 |
part of the permit application a reclamation plan that meets the | 476 |
requirements of this chapter. | 477 |
(5) Each applicant for a coal mining and reclamation permit | 478 |
shall file a copy of the application for a permit, excluding that | 479 |
information pertaining to the coal seam itself, for public | 480 |
inspection with the county recorder or an appropriate public | 481 |
office approved by the chief in the county where the mining is | 482 |
proposed to occur. | 483 |
(6) Each applicant for a coal mining and reclamation permit | 484 |
shall submit to the chief as part of the permit application a | 485 |
blasting plan that describes the procedures and standards by which | 486 |
the operator will comply with section 1513.161 of the Revised | 487 |
Code. | 488 |
(C) Each reclamation plan submitted as part of a permit | 489 |
application shall include, in the detail necessary to demonstrate | 490 |
that reclamation required by this chapter can be accomplished and | 491 |
in the detail necessary for the chief to determine the estimated | 492 |
cost of reclamation if the reclamation has to be performed by the | 493 |
division of mineral resources management in the event of | 494 |
forfeiture of the performance security by the applicant, a | 495 |
statement of: | 496 |
(1) The identification of the lands subject to coal mining | 497 |
operations over the estimated life of those operations and the | 498 |
size, sequence, and timing of the subareas for which it is | 499 |
anticipated that individual permits for mining will be sought; | 500 |
(2) The condition of the land to be covered by the permit | 501 |
prior to any mining, including all of the following: | 502 |
(a) The uses existing at the time of the application and, if | 503 |
the land has a history of previous mining, the uses that preceded | 504 |
any mining; | 505 |
(b) The capability of the land prior to any mining to support | 506 |
a variety of uses, giving consideration to soil and foundation | 507 |
characteristics, topography, and vegetative cover and, if | 508 |
applicable, a soil survey prepared pursuant to division (B)(1)(p) | 509 |
of this section; | 510 |
(c) The productivity of the land prior to mining, including | 511 |
appropriate classification as prime farmlands as well as the | 512 |
average yield of food, fiber, forage, or wood products obtained | 513 |
from the land under high levels of management. | 514 |
(3) The use that is proposed to be made of the land following | 515 |
reclamation, including information regarding the utility and | 516 |
capacity of the reclaimed land to support a variety of alternative | 517 |
uses, the relationship of the proposed use to existing land use | 518 |
policies and plans, and the comments of any owner of the land and | 519 |
state and local governments or agencies thereof that would have to | 520 |
initiate, implement, approve, or authorize the proposed use of the | 521 |
land following reclamation; | 522 |
(4) A detailed description of how the proposed postmining | 523 |
land use is to be achieved and the necessary support activities | 524 |
that may be needed to achieve the proposed land use; | 525 |
(5) The engineering techniques proposed to be used in mining | 526 |
and reclamation and a description of the major equipment; a plan | 527 |
for the control of surface water drainage and of water | 528 |
accumulation; a plan, where appropriate, for backfilling, soil | 529 |
stabilization, and compacting, grading, and appropriate | 530 |
revegetation; a plan for soil reconstruction, replacement, and | 531 |
stabilization, pursuant to the performance standards in section | 532 |
1513.16 of the Revised Code, for those food, forage, and forest | 533 |
lands identified in that section; and | 534 |
535 | |
permittee plans to comply with each of the requirements set out in | 536 |
section 1513.16 of the Revised Code; | 537 |
(6) A description of the means by which the utilization and | 538 |
conservation of the solid fuel resource being recovered will be | 539 |
maximized so that reaffecting the land in the future can be | 540 |
minimized; | 541 |
(7) A detailed estimated timetable for the accomplishment of | 542 |
each major step in the reclamation plan; | 543 |
(8) A description of the degree to which the coal mining and | 544 |
reclamation operations are consistent with surface owner plans and | 545 |
applicable state and local land use plans and programs; | 546 |
(9) The steps to be taken to comply with applicable air and | 547 |
water quality laws and regulations and any applicable health and | 548 |
safety standards; | 549 |
(10) A description of the degree to which the reclamation | 550 |
plan is consistent with local physical, environmental, and | 551 |
climatological conditions; | 552 |
(11) A description of all lands, interests in lands, or | 553 |
options on such interests held by the applicant or pending bids on | 554 |
interests in lands by the applicant, which lands are contiguous to | 555 |
the area to be covered by the permit; | 556 |
(12) The results of test borings that the applicant has made | 557 |
at the area to be covered by the permit, or other equivalent | 558 |
information and data in a form satisfactory to the chief, | 559 |
including the location of subsurface water, and an analysis of the | 560 |
chemical properties, including acid forming properties of the | 561 |
mineral and overburden; except that information that pertains only | 562 |
to the analysis of the chemical and physical properties of the | 563 |
coal, excluding information regarding mineral or elemental | 564 |
contents that are potentially toxic in the environment, shall be | 565 |
kept confidential and not made a matter of public record; | 566 |
(13) A detailed description of the measures to be taken | 567 |
during the mining and reclamation process to ensure the protection | 568 |
of all of the following: | 569 |
(a) The quality of surface and ground water systems, both on- | 570 |
and off-site, from adverse effects of the mining and reclamation | 571 |
process; | 572 |
(b) The rights of present users to such water; | 573 |
(c) The quantity of surface and ground water systems, both | 574 |
on- and off-site, from adverse effects of the mining and | 575 |
reclamation process or, where such protection of quantity cannot | 576 |
be assured, provision of alternative sources of water. | 577 |
(14) Any other requirements the chief prescribes by rule. | 578 |
(D)(1) Any information required by division (C) of this | 579 |
section that is not on public file pursuant to this chapter shall | 580 |
be held in confidence by the chief. | 581 |
(2) With regard to requests for an exemption from the | 582 |
requirements of this chapter for coal extraction incidental to the | 583 |
extraction of other minerals, as described in division (H)(1)(a) | 584 |
of section 1513.01 of the Revised Code, confidential information | 585 |
includes and is limited to information concerning trade secrets or | 586 |
privileged commercial or financial information relating to the | 587 |
competitive rights of the persons intending to conduct the | 588 |
extraction of minerals. | 589 |
(E)(1) Upon the basis of a complete mining application and | 590 |
reclamation plan or a revision or renewal thereof, as required by | 591 |
this chapter, and information obtained as a result of public | 592 |
notification and public hearing, if any, as provided by section | 593 |
1513.071 of the Revised Code, the chief shall grant, require | 594 |
modification of, or deny the application for a permit and notify | 595 |
the applicant in writing in accordance with division (I)(3) of | 596 |
this section. An application is deemed to be complete as | 597 |
submitted to the chief unless the chief, within fourteen days of | 598 |
the submission, identifies deficiencies in the application in | 599 |
writing and subsequently submits a copy of a written list of | 600 |
deficiencies to the applicant. | 601 |
A decision of the chief denying a permit shall state in | 602 |
writing the specific reasons for the denial. | 603 |
The applicant for a permit or revision of a permit has the | 604 |
burden of establishing that the application is in compliance with | 605 |
all the requirements of this chapter. Within ten days after the | 606 |
granting of a permit, the chief shall notify the boards of | 607 |
township trustees and county commissioners, the mayor, and the | 608 |
legislative authority in the township, county, and municipal | 609 |
corporation in which the area of land to be affected is located | 610 |
that a permit has been issued and shall describe the location of | 611 |
the land. However, failure of the chief to notify the local | 612 |
officials shall not affect the status of the permit. | 613 |
(2) No permit application or application for revision of an | 614 |
existing permit shall be approved unless the application | 615 |
affirmatively demonstrates and the chief finds in writing on the | 616 |
basis of the information set forth in the application or from | 617 |
information otherwise available, which shall be documented in the | 618 |
approval and made available to the applicant, all of the | 619 |
following: | 620 |
(a) The application is accurate and complete and all the | 621 |
requirements of this chapter have been complied with. | 622 |
(b) The applicant has demonstrated that the reclamation | 623 |
required by this chapter can be accomplished under the reclamation | 624 |
plan contained in the application. | 625 |
(c)(i) Assessment of the probable cumulative impact of all | 626 |
anticipated mining in the general and adjacent area on the | 627 |
hydrologic balance specified in division (B)(1)(k) of this section | 628 |
has been made by the chief, and the proposed operation has been | 629 |
designed to prevent material damage to hydrologic balance outside | 630 |
the permit area. | 631 |
(ii) There shall be an ongoing process conducted by the chief | 632 |
in cooperation with other state and federal agencies to review all | 633 |
assessments of probable cumulative impact of coal mining in light | 634 |
of post-mining data and any other hydrologic information as it | 635 |
becomes available to determine if the assessments were realistic. | 636 |
The chief shall take appropriate action as indicated in the review | 637 |
process. | 638 |
(d) The area proposed to be mined is not included within an | 639 |
area designated unsuitable for coal mining pursuant to section | 640 |
1513.073 of the Revised Code or is not within an area under study | 641 |
for such designation in an administrative proceeding commenced | 642 |
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the | 643 |
Revised Code unless in an area as to which an administrative | 644 |
proceeding has commenced pursuant to division (A)(3)(c) or (B) of | 645 |
section 1513.073 of the Revised Code, the operator making the | 646 |
permit application demonstrates that, prior to January 1, 1977, | 647 |
the operator made substantial legal and financial commitments in | 648 |
relation to the operation for which a permit is sought. | 649 |
(e) In cases where the private mineral estate has been | 650 |
severed from the private surface estate, the applicant has | 651 |
submitted to the chief one of the following: | 652 |
(i) The written consent of the surface owner to the | 653 |
extraction of coal by strip mining methods; | 654 |
(ii) A conveyance that expressly grants or reserves the right | 655 |
to extract the coal by strip mining methods; | 656 |
(iii) If the conveyance does not expressly grant the right to | 657 |
extract coal by strip mining methods, the surface-subsurface legal | 658 |
relationship shall be determined under the law of this state. This | 659 |
chapter does not authorize the chief to adjudicate property rights | 660 |
disputes. | 661 |
(3)(a) The applicant shall file with the permit application a | 662 |
schedule listing all notices of violations of any law, rule, or | 663 |
regulation of the United States or of any department or agency | 664 |
thereof or of any state pertaining to air or water environmental | 665 |
protection incurred by the applicant in connection with any coal | 666 |
mining operation during the three-year period prior to the date of | 667 |
application. The schedule also shall indicate the final resolution | 668 |
of such a notice of violation. Upon receipt of an application, the | 669 |
chief shall provide a schedule listing all notices of violations | 670 |
of this chapter pertaining to air or water environmental | 671 |
protection incurred by the applicant during the three-year period | 672 |
prior to receipt of the application and the final resolution of | 673 |
all such notices of violation. The chief shall provide this | 674 |
schedule to the applicant for filing by the applicant with the | 675 |
application filed for public review, as required by division | 676 |
(B)(5) of this section. When the schedule or other information | 677 |
available to the chief indicates that any coal mining operation | 678 |
owned or controlled by the applicant is currently in violation of | 679 |
such laws, the permit shall not be issued until the applicant | 680 |
submits proof that the violation has been corrected or is in the | 681 |
process of being corrected to the satisfaction of the regulatory | 682 |
authority, department, or agency that has jurisdiction over the | 683 |
violation and that any civil penalties owed to the state for a | 684 |
violation and not the subject of an appeal have been paid. No | 685 |
permit shall be issued to an applicant after a finding by the | 686 |
chief that the applicant or the operator specified in the | 687 |
application controls or has controlled mining operations with a | 688 |
demonstrated pattern of willful violations of this chapter of a | 689 |
nature and duration to result in irreparable damage to the | 690 |
environment as to indicate an intent not to comply with or a | 691 |
disregard of this chapter. | 692 |
(b) For the purposes of division (E)(3)(a) of this section, | 693 |
any violation resulting from an unanticipated event or condition | 694 |
at a surface coal mining operation on lands eligible for remining | 695 |
under a permit held by the person submitting an application for a | 696 |
coal mining permit under this section shall not prevent issuance | 697 |
of that permit. As used in this division, "unanticipated event or | 698 |
condition" means an event or condition encountered in a remining | 699 |
operation that was not contemplated by the applicable surface coal | 700 |
mining and reclamation permit. | 701 |
(4)(a) In addition to finding the application in compliance | 702 |
with division (E)(2) of this section, if the area proposed to be | 703 |
mined contains prime farmland as determined pursuant to division | 704 |
(B)(1)(p) of this section, the chief, after consultation with the | 705 |
secretary of the United States department of agriculture and | 706 |
pursuant to regulations issued by the secretary of the interior | 707 |
with the concurrence of the secretary of agriculture, may grant a | 708 |
permit to mine on prime farmland if the chief finds in writing | 709 |
that the operator has the technological capability to restore the | 710 |
mined area, within a reasonable time, to equivalent or higher | 711 |
levels of yield as nonmined prime farmland in the surrounding area | 712 |
under equivalent levels of management and can meet the soil | 713 |
reconstruction standards in section 1513.16 of the Revised Code. | 714 |
(b) Division (E)(4)(a) of this section does not apply to a | 715 |
permit issued prior to August 3, 1977, or revisions or renewals | 716 |
thereof. | 717 |
(5) The chief shall issue an order denying a permit after | 718 |
finding that the applicant has misrepresented or omitted any | 719 |
material fact in the application for the permit. | 720 |
(6) The chief may issue an order denying a permit after | 721 |
finding that the applicant, any partner, if the applicant is a | 722 |
partnership, any officer, principal shareholder, or director, if | 723 |
the applicant is a corporation, or any other person who has a | 724 |
right to control or in fact controls the management of the | 725 |
applicant or the selection of officers, directors, or managers of | 726 |
the applicant has been a sole proprietor or partner, officer, | 727 |
director, principal shareholder, or person having the right to | 728 |
control or has in fact controlled the management of or the | 729 |
selection of officers, directors, or managers of a business entity | 730 |
that ever has had a coal mining license or permit issued by this | 731 |
or any other state or the United States suspended or revoked, ever | 732 |
has forfeited a coal or surface mining bond, performance security, | 733 |
or similar security deposited in lieu of bond in this or any other | 734 |
state or with the United States, or ever has substantially or | 735 |
materially failed to comply with this chapter. | 736 |
(7) When issuing a permit under this section, the chief may | 737 |
authorize an applicant to conduct coal mining and reclamation | 738 |
operations on areas to be covered by the permit that were affected | 739 |
by coal mining operations before August 3, 1977, that have | 740 |
resulted in continuing water pollution from or on the previously | 741 |
mined areas for the purpose of potentially reducing the pollution | 742 |
loadings of pH, iron, and manganese from discharges from or on the | 743 |
previously mined areas. Following the chief's authorization to | 744 |
conduct such operations on those areas, the areas shall be | 745 |
designated as pollution abatement areas for the purposes of this | 746 |
chapter. | 747 |
The chief shall not grant an authorization under division | 748 |
(E)(7) of this section to conduct coal mining and reclamation | 749 |
operations on any such previously mined areas unless the applicant | 750 |
demonstrates to the chief's satisfaction that all of the following | 751 |
conditions are met: | 752 |
(a) The applicant's pollution abatement plan for mining and | 753 |
reclaiming the previously mined areas represents the best | 754 |
available technology economically achievable. | 755 |
(b) Implementation of the plan will potentially reduce | 756 |
pollutant loadings of pH, iron, and manganese resulting from | 757 |
discharges of surface waters or ground water from or on the | 758 |
previously mined areas within the permit area. | 759 |
(c) Implementation of the plan will not cause any additional | 760 |
degradation of surface water quality off the permit area with | 761 |
respect to pH, iron, and manganese. | 762 |
(d) Implementation of the plan will not cause any additional | 763 |
degradation of ground water. | 764 |
(e) The plan meets the requirements governing mining and | 765 |
reclamation of such previously mined pollution abatement areas | 766 |
established by the chief in rules adopted under section 1513.02 of | 767 |
the Revised Code. | 768 |
(f) Neither the applicant; any partner, if the applicant is | 769 |
a partnership; any officer, principal shareholder, or director, | 770 |
if the applicant is a corporation; any other person who has a | 771 |
right to control or in fact controls the management of the | 772 |
applicant or the selection of officers, directors, or managers of | 773 |
the applicant; nor any contractor or subcontractor of the | 774 |
applicant, has any of the following: | 775 |
(i) Responsibility or liability under this chapter or rules | 776 |
adopted under it as an operator for treating the discharges of | 777 |
water pollutants from or on the previously mined areas for which | 778 |
the authorization is sought; | 779 |
(ii) Any responsibility or liability under this chapter or | 780 |
rules adopted under it for reclaiming the previously mined areas | 781 |
for which the authorization is sought; | 782 |
(iii) During the eighteen months prior to submitting the | 783 |
permit application requesting an authorization under division | 784 |
(E)(7) of this section, had a coal mining and reclamation permit | 785 |
suspended or revoked under division (D)(3) of section 1513.02 of | 786 |
the Revised Code for violating this chapter or Chapter 6111. of | 787 |
the Revised Code or rules adopted under them with respect to water | 788 |
quality, effluent limitations, or surface or ground water | 789 |
monitoring; | 790 |
(iv) Ever forfeited a coal or surface mining bond, | 791 |
performance security, or similar security deposited in lieu of a | 792 |
bond in this or any other state or with the United States. | 793 |
(8) In the case of the issuance of a permit that involves a | 794 |
conflict of results between various methods of calculating | 795 |
potential acidity and neutralization potential for purposes of | 796 |
assessing the potential for acid mine drainage to occur at a mine | 797 |
site, the permit shall include provisions for monitoring and | 798 |
record keeping to identify the creation of unanticipated acid | 799 |
water at the mine site. If the monitoring detects the creation of | 800 |
acid water at the site, the permit shall impose on the permittee | 801 |
additional requirements regarding mining practices and site | 802 |
reclamation to prevent the discharge of acid mine drainage from | 803 |
the mine site. As used in division (E)(8) of this section, | 804 |
"potential acidity" and "neutralization potential" have the same | 805 |
meanings as in section 1513.075 of the Revised Code. | 806 |
(F)(1) During the term of the permit, the permittee may | 807 |
submit an application for a revision of the permit, together with | 808 |
a revised reclamation plan, to the chief. | 809 |
(2) An application for a revision of a permit shall not be | 810 |
approved unless the chief finds that reclamation required by this | 811 |
chapter can be accomplished under the revised reclamation plan. | 812 |
The revision shall be approved or disapproved within ninety days | 813 |
after receipt of a complete revision application. The chief shall | 814 |
establish, by rule, criteria for determining the extent to which | 815 |
all permit application information requirements and procedures, | 816 |
including notice and hearings, shall apply to the revision | 817 |
request, except that any revisions that propose significant | 818 |
alterations in the reclamation plan, at a minimum, shall be | 819 |
subject to notice and hearing requirements. | 820 |
(3) Any extensions to the area covered by the permit except | 821 |
incidental boundary revisions shall be made by application for a | 822 |
permit. | 823 |
(G) No transfer, assignment, or sale of the rights granted | 824 |
under a permit issued pursuant to this chapter shall be made | 825 |
without the written approval of the chief. | 826 |
(H) The chief, within a time limit prescribed in the chief's | 827 |
rules, shall review outstanding permits and may require reasonable | 828 |
revision or modification of a permit. A revision or modification | 829 |
shall be based upon a written finding and subject to notice and | 830 |
hearing requirements established by rule of the chief. | 831 |
(I)(1) If an informal conference has been held pursuant to | 832 |
section 1513.071 of the Revised Code, the chief shall issue and | 833 |
furnish the applicant for a permit, persons who participated in | 834 |
the informal conference, and persons who filed written objections | 835 |
pursuant to division (B) of section 1513.071 of the Revised Code, | 836 |
with the written finding of the chief granting or denying the | 837 |
permit in whole or in part and stating the reasons therefor within | 838 |
sixty days of the conference, provided that the chief shall comply | 839 |
with the time frames established in division (I)(3) of this | 840 |
section. | 841 |
(2) If there has been no informal conference held pursuant to | 842 |
section 1513.071 of the Revised Code, the chief shall submit to | 843 |
the applicant for a permit the written finding of the chief | 844 |
granting or denying the permit in whole or in part and stating | 845 |
the reasons therefor within the time frames established in | 846 |
division (I)(3) of this section. | 847 |
(3) The chief shall grant or deny a permit not later than two | 848 |
hundred forty days after the submission of a complete application | 849 |
for the permit. Any time during which the applicant is making | 850 |
revisions to an application or providing additional information | 851 |
requested by the chief regarding an application shall not be | 852 |
included in the two hundred forty days. If the chief determines | 853 |
that a permit cannot be granted or denied within the | 854 |
two-hundred-forty-day time frame, the chief, not later than two | 855 |
hundred ten days after the submission of a complete application | 856 |
for the permit, shall provide the applicant with written notice of | 857 |
the expected delay. | 858 |
(4) If the application is approved, the permit shall be | 859 |
issued. If the application is disapproved, specific reasons | 860 |
therefor shall be set forth in the notification. Within thirty | 861 |
days after the applicant is notified of the final decision of the | 862 |
chief on the permit application, the applicant or any person with | 863 |
an interest that is or may be adversely affected may appeal the | 864 |
decision to the reclamation commission pursuant to section 1513.13 | 865 |
of the Revised Code. | 866 |
(5) Any applicant or any person with an interest that is or | 867 |
may be adversely affected who has participated in the | 868 |
administrative proceedings as an objector and is aggrieved by the | 869 |
decision of the reclamation commission, or if the commission fails | 870 |
to act within the time limits specified in this chapter, may | 871 |
appeal in accordance with section 1513.14 of the Revised Code. | 872 |
Sec. 1513.08. (A) After a coal mining and reclamation permit | 873 |
application has been approved, the applicant shall file with the | 874 |
chief of the division of mineral resources management, on a form | 875 |
prescribed and furnished by the chief, the performance security | 876 |
required under this section that shall be payable to the state and | 877 |
conditioned on the faithful performance of all the requirements | 878 |
of this chapter and rules adopted under it and the terms and | 879 |
conditions of the permit. | 880 |
(B) Using the information contained in the permit | 881 |
application; the requirements contained in the approved permit and | 882 |
reclamation plan; and, after considering the topography, geology, | 883 |
hydrology, and revegetation potential of the area of the approved | 884 |
permit, the probable difficulty of reclamation; the chief shall | 885 |
determine the estimated cost of reclamation under the initial term | 886 |
of the permit if the reclamation has to be performed by the | 887 |
division of mineral resources management in the event of | 888 |
forfeiture of the performance security by the applicant. The chief | 889 |
shall send written notice of the amount of the estimated cost of | 890 |
reclamation by certified mail to the applicant. The applicant | 891 |
shall send written notice to the chief indicating the method by | 892 |
which the applicant will provide the performance security pursuant | 893 |
to division (C) of this section. | 894 |
(C) The applicant shall provide the performance security in | 895 |
an amount using one of the following: | 896 |
(1) If the applicant elects to provide performance security | 897 |
without reliance on the reclamation forfeiture fund created in | 898 |
section 1513.18 of the Revised Code, the amount of the estimated | 899 |
cost of reclamation as determined by the chief under division (B) | 900 |
of this section for the increments of land on which the operator | 901 |
will conduct a coal mining and reclamation operation under the | 902 |
initial term of the permit as indicated in the application; | 903 |
(2) If the applicant elects to provide performance security | 904 |
together with reliance on the reclamation forfeiture fund through | 905 |
payment of the additional tax on the severance of coal that is | 906 |
levied under division (A)(8) of section 5749.02 of the Revised | 907 |
Code, an amount of twenty-five hundred dollars per acre of land on | 908 |
which the operator will conduct coal mining and reclamation under | 909 |
the initial term of the permit as indicated in the application. | 910 |
However, in order for an applicant to be eligible to provide | 911 |
performance security in accordance with division (C)(2) of this | 912 |
section, the applicant, an owner and controller of the applicant, | 913 |
or an affiliate of the applicant shall have held a permit issued | 914 |
under this chapter for any coal mining and reclamation operation | 915 |
for a period of not less than five years. In the event of | 916 |
forfeiture of performance security that was provided in | 917 |
accordance with division (C)(2) of this section, the difference | 918 |
between the amount of that performance security and the estimated | 919 |
cost of reclamation as determined by the chief under division (B) | 920 |
of this section shall be obtained from money in the reclamation | 921 |
forfeiture fund as needed to complete the reclamation. | 922 |
The performance security provided under division (C) of this | 923 |
section for the entire area to be mined under one permit issued | 924 |
under this chapter shall not be less than ten thousand dollars. | 925 |
The performance security shall cover areas of land affected | 926 |
by mining within or immediately adjacent to the permitted area, so | 927 |
long as the total number of acres does not exceed the number of | 928 |
acres for which the performance security is provided. However, the | 929 |
authority for the performance security to cover areas of land | 930 |
immediately adjacent to the permitted area does not authorize a | 931 |
permittee to mine areas outside an approved permit area. As | 932 |
succeeding increments of coal mining and reclamation operations | 933 |
are to be initiated and conducted within the permit area, the | 934 |
permittee shall file with the chief additional performance | 935 |
security to cover the increments in accordance with this section. | 936 |
If a permittee intends to mine areas outside the approved permit | 937 |
area, the permittee shall provide additional performance security | 938 |
in accordance with this section to cover the areas to be mined. | 939 |
| 940 |
under this chapter for any coal mining and reclamation operation | 941 |
for a period of five years or more, the applicant or permittee | 942 |
shall provide performance security in accordance with division | 943 |
(C)(1) of this section in the full amount of the estimated cost | 944 |
of reclamation as determined by the chief for a permitted coal | 945 |
preparation plant or coal refuse disposal area that is not | 946 |
located within a permitted area of a mine. | 947 |
948 | |
949 | |
950 | |
951 | |
applicant for a permit for a coal preparation plant or coal refuse | 952 |
disposal area or a permittee of a permitted coal preparation plant | 953 |
or coal refuse disposal area that is not located within a | 954 |
permitted area of a mine has held a permit issued under this | 955 |
chapter for any coal mining and reclamation operation for a period | 956 |
of five years or more, the applicant or permittee may provide | 957 |
performance security for the coal preparation plant or coal refuse | 958 |
disposal area either in accordance with division (C)(1) of this | 959 |
section in the full amount of the estimated cost of reclamation as | 960 |
determined by the chief or in accordance with division (C)(2) of | 961 |
this section in an amount of twenty-five hundred dollars per acre | 962 |
of land with reliance on the reclamation forfeiture fund. If a | 963 |
permittee has previously provided performance security under | 964 |
division (C)(1) of this section for a coal preparation plant or | 965 |
coal refuse disposal area that is not located within a permitted | 966 |
area of a mine and elects to provide performance security in | 967 |
accordance with division (C)(2) of this section, the permittee | 968 |
shall submit written notice to the chief indicating that the | 969 |
permittee elects to provide performance security in accordance | 970 |
with division (C)(2) of this section. Upon receipt of such a | 971 |
written notice, the chief shall release to the permittee the | 972 |
amount of the performance security previously provided under | 973 |
division (C)(1) of this section that exceeds the amount of | 974 |
performance security that is required to be provided under | 975 |
division (C)(2) of this section. | 976 |
(D) A permittee's liability under the performance security | 977 |
shall be limited to the obligations established under the permit, | 978 |
which include completion of the reclamation plan in order to make | 979 |
the land capable of supporting the postmining land use that was | 980 |
approved in the permit. The period of liability under the | 981 |
performance security shall be for the duration of the coal mining | 982 |
and reclamation operation and for a period coincident with the | 983 |
operator's responsibility for revegetation requirements under | 984 |
section 1513.16 of the Revised Code. | 985 |
(E) The amount of the estimated cost of reclamation | 986 |
determined under division (B) of this section and the amount of a | 987 |
permittee's performance security provided in accordance with | 988 |
division (C)(1) of this section | 989 |
as the land that is affected by mining increases or decreases or | 990 |
if the cost of reclamation increases or decreases. If the | 991 |
performance security was provided in accordance with division | 992 |
(C)(2) of this section and the chief has issued a cessation order | 993 |
under division (D)(2) of section 1513.02 of the Revised Code for | 994 |
failure to abate a violation of the contemporaneous reclamation | 995 |
requirement under division (A)(15) of section 1513.16 of the | 996 |
Revised Code, the chief may require the permittee to increase the | 997 |
amount of performance security from twenty-five hundred dollars | 998 |
per acre of land to five thousand dollars per acre of land. | 999 |
The chief shall notify the permittee, each surety, and any | 1000 |
person who has a property interest in the performance security and | 1001 |
who has requested to be notified of any proposed adjustment to the | 1002 |
performance security. The permittee may request an informal | 1003 |
conference with the chief concerning the proposed adjustment, and | 1004 |
the chief shall provide such an informal conference. | 1005 |
If the chief increases the amount of performance security | 1006 |
under this division, the permittee shall provide additional | 1007 |
performance security in an amount determined by the chief. If the | 1008 |
chief decreases the amount of performance security under this | 1009 |
division, the chief shall determine the amount of the reduction of | 1010 |
the performance security and send written notice of the amount of | 1011 |
reduction to the permittee. The permittee may reduce the amount of | 1012 |
the performance security in the amount determined by the chief. | 1013 |
(F) A permittee may request a reduction in the amount of the | 1014 |
performance security by submitting to the chief documentation | 1015 |
proving that the amount of the performance security provided by | 1016 |
the permittee exceeds the estimated cost of reclamation if the | 1017 |
reclamation would have to be performed by the division in the | 1018 |
event of forfeiture of the performance security. The chief shall | 1019 |
examine the documentation and determine whether the permittee's | 1020 |
performance security exceeds the estimated cost of reclamation. If | 1021 |
the chief determines that the performance security exceeds that | 1022 |
estimated cost, the chief shall determine the amount of the | 1023 |
reduction of the performance security and send written notice of | 1024 |
the amount to the permittee. The permittee may reduce the amount | 1025 |
of the performance security in the amount determined by the chief. | 1026 |
Adjustments in the amount of performance security under this | 1027 |
division shall not be considered release of performance security | 1028 |
and are not subject to section 1513.16 of the Revised Code. | 1029 |
(G) If the performance security is a bond, it shall be | 1030 |
executed by the operator and a corporate surety licensed to do | 1031 |
business in this state. If the performance security is a cash | 1032 |
deposit or negotiable certificates of deposit of a bank or savings | 1033 |
and loan association, the bank or savings and loan association | 1034 |
shall be licensed and operating in this state. The cash deposit or | 1035 |
market value of the securities shall be equal to or greater than | 1036 |
the amount of the performance security required under this | 1037 |
section. The chief shall review any documents pertaining to the | 1038 |
performance security and approve or disapprove the documents. The | 1039 |
chief shall notify the applicant of the chief's determination. | 1040 |
(H) If the performance security is a bond, the chief may | 1041 |
accept the bond of the applicant itself without separate surety | 1042 |
when the applicant demonstrates to the satisfaction of the chief | 1043 |
the existence of a suitable agent to receive service of process | 1044 |
and a history of financial solvency and continuous operation | 1045 |
sufficient for authorization to self-insure or bond the amount. | 1046 |
(I) Performance security provided under this section may be | 1047 |
held in trust, provided that the state is the | 1048 |
beneficiary of the trust and the custodian of the performance | 1049 |
security held in trust is a bank, trust company, or other | 1050 |
financial institution that is licensed and operating in this | 1051 |
state. The chief shall review the trust document and approve or | 1052 |
disapprove the document. The chief shall notify the applicant of | 1053 |
the chief's determination. | 1054 |
(J) If a surety, bank, savings and loan association, trust | 1055 |
company, or other financial institution that holds the performance | 1056 |
security required under this section becomes insolvent, the | 1057 |
permittee shall notify the chief of the insolvency, and the chief | 1058 |
shall order the permittee to submit a plan for replacement | 1059 |
performance security within thirty days after receipt of notice | 1060 |
from the chief. If the permittee provided performance security in | 1061 |
accordance with division (C)(1) of this section, the permittee | 1062 |
shall provide the replacement performance security within ninety | 1063 |
days after receipt of notice from the chief. If the permittee | 1064 |
provided performance security in accordance with division (C)(2) | 1065 |
of this section, the permittee shall provide the replacement | 1066 |
performance security within one year after receipt of notice from | 1067 |
the chief, and, for a period of one year after the permittee's | 1068 |
receipt of notice from the chief or until the permittee provides | 1069 |
the replacement performance security, whichever occurs first, | 1070 |
money in the reclamation forfeiture fund shall be the permittee's | 1071 |
replacement performance security in an amount not to exceed the | 1072 |
estimated cost of reclamation as determined by the chief. | 1073 |
(K) | 1074 |
accordance with division (C)(1) of this section, the permittee's | 1075 |
responsibility for repairing material damage and replacement of | 1076 |
water supply resulting from subsidence
| 1077 |
either of the following: | 1078 |
(1) The purchase prior to mining of a noncancelable | 1079 |
premium-prepaid
liability insurance | 1080 |
policy in lieu of the permittee's performance security | 1081 |
1082 | |
shall contain terms and conditions that specifically provide | 1083 |
coverage for repairing material damage and replacement of water | 1084 |
supply resulting from subsidence. | 1085 |
(2) The provision of additional performance security in the | 1086 |
amount of the estimated cost to the division of mineral resources | 1087 |
management to repair material damage and replace water supplies | 1088 |
resulting from subsidence until the repair or replacement is | 1089 |
completed. However, if such repair or replacement is completed, or | 1090 |
compensation for structures that have been damaged by subsidence | 1091 |
is provided, by the permittee within ninety days of the | 1092 |
occurrence of the subsidence, additional performance security is | 1093 |
not required. In addition, the chief may extend the ninety-day | 1094 |
period for a period not to exceed one year if the chief | 1095 |
determines that the permittee has demonstrated in writing that | 1096 |
subsidence is not complete and that probable subsidence-related | 1097 |
damage likely will occur and, as a result, the completion of | 1098 |
repairs of subsidence-related material damage to lands or | 1099 |
protected structures or the replacement of water supply within | 1100 |
ninety days of the occurrence of the subsidence would be | 1101 |
unreasonable. | 1102 |
(L) If the performance security provided in accordance with | 1103 |
this section exceeds the estimated cost of reclamation, the chief | 1104 |
may authorize the amount of the performance security that exceeds | 1105 |
the estimated cost of reclamation together with any interest or | 1106 |
other earnings on the performance security to be paid to the | 1107 |
permittee. | 1108 |
(M) A permittee that held a valid coal mining and reclamation | 1109 |
permit immediately prior to April 6, 2007, shall provide, not | 1110 |
later than a date established by the chief, performance security | 1111 |
in accordance with division (C)(1) or (2) of this section, rather | 1112 |
than in accordance with the law as it existed prior to that date, | 1113 |
by filing it with the chief on a form that the chief prescribes | 1114 |
and furnishes. Accordingly, for purposes of this section, | 1115 |
"applicant" is deemed to include such a permittee. | 1116 |
(N) As used in this section: | 1117 |
(1) "Affiliate of the applicant" means an entity that has a | 1118 |
parent entity in common with the applicant. | 1119 |
(2) "Owner and controller of the applicant" means a person | 1120 |
that has any relationship with the applicant that gives the person | 1121 |
authority to determine directly or indirectly the manner in which | 1122 |
the applicant conducts coal mining operations. | 1123 |
Sec. 1513.18. (A) All money that becomes the property of the | 1124 |
state under division (G) of section 1513.16 of the Revised Code | 1125 |
shall be deposited in the reclamation forfeiture fund, which is | 1126 |
hereby created in the state treasury. Disbursements from the fund | 1127 |
shall be made by the chief of the division of mineral resources | 1128 |
management for the purpose of reclaiming areas of land affected by | 1129 |
coal mining under a coal mining and reclamation permit issued on | 1130 |
or after September 1, 1981, on which an operator has defaulted. | 1131 |
(B) The fund also shall consist of all money from the | 1132 |
collection of liens under section 1513.081 of the Revised Code, | 1133 |
any moneys transferred to it under section 1513.181 of the Revised | 1134 |
Code from the coal mining and reclamation reserve fund created in | 1135 |
that section, fines collected under division (E) of section | 1136 |
1513.02 and section 1513.99 of the Revised Code, fines collected | 1137 |
for a violation of section 2921.31 of the Revised Code that, prior | 1138 |
to July 1, 1996, would have been a violation of division (G) of | 1139 |
section 1513.17 of the Revised Code as it existed prior to that | 1140 |
date, and moneys collected and credited to it pursuant to section | 1141 |
5749.02 of the Revised Code. Disbursements from the fund shall be | 1142 |
made by the chief in accordance with division (D) of this section | 1143 |
for the purpose of reclaiming areas that an operator has affected | 1144 |
by mining and failed to reclaim under a coal mining and | 1145 |
reclamation permit issued under
this chapter | 1146 |
1147 |
The chief may expend moneys from the fund to pay necessary | 1148 |
administrative costs, including engineering and design services, | 1149 |
incurred by the division of mineral resources management in | 1150 |
reclaiming these areas. The chief also may expend moneys from the | 1151 |
fund to pay necessary administrative costs of the reclamation | 1152 |
forfeiture fund advisory board created in section 1513.182 of the | 1153 |
Revised Code as authorized by the board under that section. | 1154 |
Expenditures from the fund to pay such administrative costs need | 1155 |
not be made under contract. | 1156 |
(C) Except when paying necessary administrative costs | 1157 |
authorized by division (B) of this section, expenditures from the | 1158 |
fund shall be made under contracts entered into by the chief, with | 1159 |
the approval of the director of natural resources, in accordance | 1160 |
with procedures established by the chief, by rules adopted in | 1161 |
accordance with section 1513.02 of the Revised Code. The chief | 1162 |
may reclaim the land in the same manner as set forth in sections | 1163 |
1513.21 to 1513.24 of the Revised Code. Each contract awarded by | 1164 |
the chief shall be awarded to the lowest responsive and | 1165 |
responsible bidder, in accordance with section 9.312 of the | 1166 |
Revised Code, after sealed bids are received, opened, and | 1167 |
published at the time and place fixed by the chief. The chief | 1168 |
shall publish notice of the time and place at which bids will be | 1169 |
received, opened, and published, at least once and at least ten | 1170 |
days before the date of the opening of the bids, in a newspaper of | 1171 |
general circulation in the county in which the area of land to be | 1172 |
reclaimed under the contract is located. If, after advertising, no | 1173 |
bids are received at the time and place fixed for receiving them, | 1174 |
the chief may advertise again for bids, or, if the chief considers | 1175 |
the public interest will best be served, the chief may enter into | 1176 |
a contract for the reclamation of the area of land without further | 1177 |
advertisement for bids. The chief may reject any or all bids | 1178 |
received and again publish notice of the time and place at which | 1179 |
bids for contracts will be received, opened, and published. The | 1180 |
chief, with the approval of the director, may enter into a | 1181 |
contract with the landowner, a coal mine operator or surface mine | 1182 |
operator mining under a current, valid permit issued under this | 1183 |
chapter or Chapter 1514. of the Revised Code, or a contractor | 1184 |
hired by the surety or trustee, if the performance security is | 1185 |
held in trust, to complete reclamation to carry out reclamation on | 1186 |
land affected by coal mining on which an operator has defaulted | 1187 |
without advertising for bids. | 1188 |
(D)(1) The chief shall expend money credited to the | 1189 |
reclamation forfeiture fund from the forfeiture of the performance | 1190 |
security applicable to an area of land to pay for the cost of the | 1191 |
reclamation of the land. | 1192 |
(2) If the performance security for the area of land was | 1193 |
provided under division (C)(1) of section 1513.08 of the Revised | 1194 |
Code, the chief shall use the money from the forfeited performance | 1195 |
security to complete the reclamation that the operator failed to | 1196 |
do under the operator's applicable coal mining and reclamation | 1197 |
permit issued under this chapter. | 1198 |
(3) If the performance security for the area of land was | 1199 |
provided under division (C)(2) of section 1513.08 of the Revised | 1200 |
Code, the chief shall use the money from the forfeited performance | 1201 |
security to complete the reclamation that the operator failed to | 1202 |
do under the operator's applicable coal mining and reclamation | 1203 |
permit issued under this chapter. If the money credited to the | 1204 |
reclamation forfeiture fund from the forfeiture of the performance | 1205 |
security provided under division (C)(2) of section 1513.08 of the | 1206 |
Revised Code is not sufficient to complete the reclamation, the | 1207 |
chief shall notify the reclamation forfeiture fund advisory board | 1208 |
of the amount of the insufficiency. The chief may expend money | 1209 |
credited to the reclamation forfeiture fund under section 5749.02 | 1210 |
of the Revised Code or transferred to the fund under section | 1211 |
1513.181 of the Revised Code to complete the reclamation. The | 1212 |
chief shall not expend money from the fund in an amount that | 1213 |
exceeds the difference between the amount of the performance | 1214 |
security provided under division (C)(2) of section 1513.08 of the | 1215 |
Revised Code and the estimated cost of reclamation as determined | 1216 |
by the chief under divisions (B) and (E) of that section. | 1217 |
(4) Money from the reclamation forfeiture fund shall not be | 1218 |
used for reclamation of land or water resources affected by | 1219 |
1220 | |
extended water treatment after reclamation is completed under the | 1221 |
terms of the permit. In addition, money from the reclamation | 1222 |
forfeiture fund shall not be used to supplement the performance | 1223 |
security of an applicant or permittee that has provided | 1224 |
performance security in accordance with division (C)(1) of | 1225 |
section 1513.08 of the Revised Code. | 1226 |
(E) The chief shall keep a detailed accounting of the | 1227 |
expenditures from the reclamation forfeiture fund to complete | 1228 |
reclamation of the land and, upon completion of the reclamation, | 1229 |
shall certify the expenditures to the attorney general. Upon the | 1230 |
chief's certification of the expenditures from the reclamation | 1231 |
forfeiture fund, the attorney general shall bring an action for | 1232 |
that amount of money. The operator is liable for that expense in | 1233 |
addition to any other liabilities imposed by law. Moneys so | 1234 |
recovered shall be credited to the reclamation forfeiture fund. | 1235 |
The chief shall not postpone the reclamation because of any action | 1236 |
brought by the attorney general under this division. Prior to | 1237 |
completing reclamation, the chief may collect through the attorney | 1238 |
general any additional amount that the chief believes will be | 1239 |
necessary for reclamation in excess of the forfeited performance | 1240 |
security amount applicable to the land that the operator should | 1241 |
have, but failed to, reclaim. | 1242 |
(F) Except as otherwise provided in division (H) of this | 1243 |
section, if any part of the moneys in the reclamation forfeiture | 1244 |
fund remains in the fund after the chief has caused the area of | 1245 |
land to be reclaimed and has paid all the reclamation costs and | 1246 |
expenses, the chief may expend those moneys to complete other | 1247 |
reclamation work performed under this section on forfeiture areas | 1248 |
affected under a coal mining and reclamation permit issued on or | 1249 |
after September 1, 1981. | 1250 |
(G) The chief shall require every contractor performing | 1251 |
reclamation work pursuant to this section to pay workers at the | 1252 |
greater of their regular rate of pay, as established by contract, | 1253 |
agreement, or prior custom or practice, or the average wage rate | 1254 |
paid in this state for the same or similar work as determined by | 1255 |
the chief under section 1513.02 of the Revised Code. | 1256 |
(H) All investment earnings of the fund shall be credited to | 1257 |
the fund and shall be used only for the reclamation of land for | 1258 |
which performance security was provided under division (C)(2) of | 1259 |
section 1513.08 of the Revised Code. | 1260 |
Sec. 5749.02. (A) For the purpose of providing revenue to | 1261 |
administer the state's coal mining and reclamation regulatory | 1262 |
program, to meet the environmental and resource management needs | 1263 |
of this state, and to reclaim land affected by mining, an excise | 1264 |
tax is hereby levied on the privilege of engaging in the severance | 1265 |
of natural resources from the soil or water of this state. The tax | 1266 |
shall be imposed upon the severer and shall be: | 1267 |
(1) Ten cents per ton of coal; | 1268 |
(2) Four cents per ton of salt; | 1269 |
(3) Two cents per ton of limestone or dolomite; | 1270 |
(4) Two cents per ton of sand and gravel; | 1271 |
(5) Ten cents per barrel of oil; | 1272 |
(6) Two and one-half cents per thousand cubic feet of natural | 1273 |
gas; | 1274 |
(7) One cent per ton of clay, sandstone or conglomerate, | 1275 |
shale, gypsum, or quartzite; | 1276 |
(8) Except as otherwise provided in this division or in rules | 1277 |
adopted by the reclamation forfeiture fund advisory board under | 1278 |
section 1513.182 of the Revised Code, an additional fourteen cents | 1279 |
per ton of coal produced from an area under a coal mining and | 1280 |
reclamation permit issued under Chapter 1513. of the Revised Code | 1281 |
for which the performance security is provided under division | 1282 |
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1, | 1283 |
2007, if at the end of a fiscal biennium the balance of the | 1284 |
reclamation forfeiture fund created in section 1513.18 of the | 1285 |
Revised Code is equal to or greater than ten million dollars, the | 1286 |
rate levied shall be twelve cents per ton. Beginning July 1, | 1287 |
2007, if at the end of a fiscal biennium the balance of the fund | 1288 |
is at least five million dollars, but less than ten million | 1289 |
dollars, the rate levied shall be fourteen cents per ton. | 1290 |
Beginning July 1, 2007, if at the end of a fiscal biennium the | 1291 |
balance of the fund is less than five million dollars, the rate | 1292 |
levied shall be sixteen cents per ton. Beginning July 1, 2009, | 1293 |
not later than thirty days after the close of a fiscal biennium, | 1294 |
the chief of the division of mineral resources management shall | 1295 |
certify to the tax commissioner the amount of the balance of the | 1296 |
reclamation forfeiture fund as of the close of the fiscal | 1297 |
biennium. Any necessary adjustment of the rate levied shall take | 1298 |
effect on the first day of the following January and shall remain | 1299 |
in effect during the calendar biennium that begins on that date. | 1300 |
(9) An additional one and two-tenths cents per ton of coal | 1301 |
mined by surface mining methods. | 1302 |
(B) Of the moneys received by the treasurer of state from the | 1303 |
tax levied in division (A)(1) of this section, four and | 1304 |
seventy-six-hundredths per cent shall be credited to the | 1305 |
geological mapping fund created in section 1505.09 of the Revised | 1306 |
Code, eighty and ninety-five-hundredths per cent shall be credited | 1307 |
to the coal mining administration and reclamation reserve fund | 1308 |
created in section 1513.181 of the Revised Code, and fourteen and | 1309 |
twenty-nine-hundredths per cent shall be credited to the | 1310 |
unreclaimed lands fund created in section 1513.30 of the Revised | 1311 |
Code. | 1312 |
Fifteen per cent of the moneys received by the treasurer of | 1313 |
state from the tax levied in division (A)(2) of this section shall | 1314 |
be credited to the geological mapping fund and the remainder shall | 1315 |
be credited to the unreclaimed lands fund. | 1316 |
Of the moneys received by the treasurer of state from the tax | 1317 |
levied in divisions (A)(3) and (4) of this section, seven and | 1318 |
five-tenths per cent shall be credited to the geological mapping | 1319 |
fund, forty-two and five-tenths per cent shall be credited to the | 1320 |
unreclaimed lands fund, and the remainder shall be credited to the | 1321 |
surface mining fund created in section 1514.06 of the Revised | 1322 |
Code. | 1323 |
Of the moneys received by the treasurer of state from the tax | 1324 |
levied in divisions (A)(5) and (6) of this section, ninety per | 1325 |
cent shall be credited to the oil and gas well fund created in | 1326 |
section 1509.02 of the Revised Code and ten per cent shall be | 1327 |
credited to the geological mapping fund. All of the moneys | 1328 |
received by the treasurer of state from the tax levied in division | 1329 |
(A)(7) of this section shall be credited to the surface mining | 1330 |
fund. | 1331 |
All of the moneys received by the treasurer of state from the | 1332 |
tax levied in division (A)(8) of this section shall be credited to | 1333 |
the reclamation forfeiture fund. | 1334 |
All of the moneys received by the treasurer of state from the | 1335 |
tax levied in division (A)(9) of this section shall be credited to | 1336 |
the unreclaimed lands fund. | 1337 |
(C) When, at the close of any fiscal year, the chief finds | 1338 |
that the balance of the reclamation forfeiture fund, plus | 1339 |
estimated transfers to it from the coal mining administration and | 1340 |
reclamation reserve fund under section 1513.181 of the Revised | 1341 |
Code, plus the estimated revenues from the tax levied by division | 1342 |
(A)(8) of this section for the remainder of the calendar year that | 1343 |
includes the close of the fiscal year, are sufficient to complete | 1344 |
the reclamation of all lands for which the performance security | 1345 |
has been provided under division (C)(2) of section 1513.08 of the | 1346 |
Revised Code, the purposes for which the tax under division (A)(8) | 1347 |
of this section is levied shall be deemed accomplished at the end | 1348 |
of that calendar year. The chief, within thirty days after the | 1349 |
close of the fiscal year, shall certify those findings to the tax | 1350 |
commissioner, and the tax levied under division (A)(8) of this | 1351 |
section shall cease to be imposed for the subsequent calendar year | 1352 |
after the last day of that calendar year on coal produced under a | 1353 |
coal mining and reclamation permit issued under Chapter 1513. of | 1354 |
the Revised Code if the permittee has made tax payments under | 1355 |
division (A)(8) of this section during each of the preceding five | 1356 |
full calendar years. Not later than thirty days after the close | 1357 |
of a fiscal year, the chief shall certify to the tax commissioner | 1358 |
the identity of any permittees who accordingly no longer are | 1359 |
required to pay the tax levied under division (A)(8) of this | 1360 |
section for the subsequent calendar year. | 1361 |
Section 2. That existing sections 1513.01, 1513.07, 1513.08, | 1362 |
1513.18, and 5749.02 of the Revised Code are hereby repealed. | 1363 |
Section 3. This act is hereby declared to be an emergency | 1364 |
measure necessary for the immediate preservation of the public | 1365 |
peace, health, and safety. The reason for such necessity is the | 1366 |
need to establish alternate financial security requirements for | 1367 |
repairing damage to or restoration of land or water resources due | 1368 |
to coal mining-related activities and subsidence, thus protecting | 1369 |
the public from damage to such land or water resources by | 1370 |
providing the necessary funding mechanism to repair or restore | 1371 |
those resources. Therefore, this act shall go into immediate | 1372 |
effect. | 1373 |