As Passed by the House

129th General Assembly Regular Session 2011-2012

Am. Sub. H. B. No. 163

Representative Balderson 

Cosponsors: Representatives Carey, Derickson, Boose, Adams, J., Blessing, Combs, Hackett, Stebelton, Buchy, Amstutz, Anielski, Barnes, Beck, Blair, Bubp, Burke, Dovilla, Gardner, Garland, Gerberry, Grossman, Hagan, C., Hayes, Hottinger, Letson, Lundy, Maag, Mallory, Martin, McClain, Mecklenborg, Newbold, Peterson, Roegner, Ruhl, Slaby, Stautberg, Szollosi, Thompson, Uecker, Wachtmann 

---

A BILL

To amend sections 1513.07, 1513.073, 1513.075,

1

1513.081, 1513.16, 1513.18, and 1513.371 of the

2

Revised Code to revise the coal mining laws

3

regarding permit application, set-back, and

4

alternative water treatment or supply

5

requirements.

6

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

Section 1.  That sections 1513.07, 1513.073, 1513.075,	7
1513.081, 1513.16, 1513.18, and 1513.371 of the Revised Code be	8
amended to read as follows:	9

Sec. 1513.07.  (A)(1) No operator shall conduct a coal mining	10
operation without a permit for the operation issued by the chief	11
of the division of mineral resources management.	12

(2) All permits issued pursuant to this chapter shall be	13
issued for a term not to exceed five years, except that, if the	14
applicant demonstrates that a specified longer term is reasonably	15
needed to allow the applicant to obtain necessary financing for	16
equipment and the opening of the operation and if the application	17
is full and complete for the specified longer term, the chief may	18
grant a permit for the longer term. A successor in interest to a	19
permittee who applies for a new permit within thirty days after	20
succeeding to the interest and who is able to obtain the	21
performance security of the original permittee may continue coal	22
mining and reclamation operations according to the approved mining	23
and reclamation plan of the original permittee until the	24
successor's application is granted or denied.	25

(3) A permit shall terminate if the permittee has not	26
commenced the coal mining operations covered by the permit within	27
three years after the issuance of the permit, except that the	28
chief may grant reasonable extensions of the time upon a showing	29
that the extensions are necessary by reason of litigation	30
precluding the commencement or threatening substantial economic	31
loss to the permittee or by reason of conditions beyond the	32
control and without the fault or negligence of the permittee, and	33
except that with respect to coal to be mined for use in a	34
synthetic fuel facility or specified major electric generating	35
facility, the permittee shall be deemed to have commenced coal	36
mining operations at the time construction of the synthetic fuel	37
or generating facility is initiated.	38

(4)(a) Any permit issued pursuant to this chapter shall carry	39
with it the right of successive renewal upon expiration with	40
respect to areas within the boundaries of the permit. The holders	41
of the permit may apply for renewal and the renewal shall be	42
issued unless the chief determines by written findings, subsequent	43
to fulfillment of the public notice requirements of this section	44
and section 1513.071 of the Revised Code through demonstrations by	45
opponents of renewal or otherwise, that one or more of the	46
following circumstances exists:	47

(i) The terms and conditions of the existing permit are not	48
being satisfactorily met.	49

(ii) The present coal mining and reclamation operation is not	50
in compliance with the environmental protection standards of this	51
chapter.	52

(iii) The renewal requested substantially jeopardizes the	53
operator's continuing responsibilities on existing permit areas.	54

(iv) The applicant has not provided evidence that the	55
performance security in effect for the operation will continue in	56
effect for any renewal requested in the application.	57

(v) Any additional, revised, or updated information required	58
by the chief has not been provided. Prior to the approval of any	59
renewal of a permit, the chief shall provide notice to the	60
appropriate public authorities as prescribed by rule of the chief.	61

(b) If an application for renewal of a valid permit includes	62
a proposal to extend the mining operation beyond the boundaries	63
authorized in the existing permit, the portion of the application	64
for renewal of a valid permit that addresses any new land areas	65
shall be subject to the full standards applicable to new	66
applications under this chapter.	67

(c) A permit renewal shall be for a term not to exceed the	68
period of the original permit established by this chapter.	69
Application for permit renewal shall be made at least one hundred	70
twenty days prior to the expiration of the valid permit.	71

(5) A permit issued pursuant to this chapter does not	72
eliminate the requirements for obtaining a permit to install or	73
modify a disposal system or any part thereof or to discharge	74
sewage, industrial waste, or other wastes into the waters of the	75
state in accordance with Chapter 6111. of the Revised Code.	76

(B)(1) The permit application shall be submitted in a manner	77
satisfactory to the chief and shall contain, among other things,	78
all of the following:	79

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

80

(i) The permit applicant;

81

(ii) Every legal owner of record of the property, surface and	82
mineral, to be mined;	83

(iii) The holders of record of any leasehold interest in the	84
property;	85

(iv) Any purchaser of record of the property under a real	86
estate contract;	87

(v) The operator if different from the applicant;

88

(vi) If any of these are business entities other than a	89
single proprietor, the names and addresses of the principals,	90
officers, and statutory agent for service of process.	91

(b) The names and addresses of the owners of record of all	92
surface and subsurface areas adjacent to any part of the permit	93
area;	94

(c) A statement of any current or previous coal mining	95
permits in the United States held by the applicant, the permit	96
identification, and any pending applications;	97

(d) If the applicant is a partnership, corporation,	98
association, or other business entity, the following where	99
applicable: the names and addresses of every officer, partner,	100
director, or person performing a function similar to a director,	101
of the applicant, the name and address of any person owning, of	102
record, ten per cent or more of any class of voting stock of the	103
applicant, a list of all names under which the applicant, partner,	104
or principal shareholder previously operated a coal mining	105
operation within the United States within the five-year period	106
preceding the date of submission of the application, and a list of	107
the person or persons primarily responsible for ensuring that the	108
applicant complies with the requirements of this chapter and rules	109
adopted pursuant thereto while mining and reclaiming under the	110
permit;	111

(e) A statement of whether the applicant, any subsidiary,	112
affiliate, or persons controlled by or under common control with	113
the applicant, any partner if the applicant is a partnership, any	114
officer, principal shareholder, or director if the applicant is a	115
corporation, or any other person who has a right to control or in	116
fact controls the management of the applicant or the selection of	117
officers, directors, or managers of the applicant:	118

(i) Has ever held a federal or state coal mining permit that	119
in the five-year period prior to the date of submission of the	120
application has been suspended or revoked or has had a coal mining	121
bond, performance security, or similar security deposited in lieu	122
of bond forfeited and, if so, a brief explanation of the facts	123
involved;	124

(ii) Has been an officer, partner, director, principal	125
shareholder, or person having the right to control or has in fact	126
controlled the management of or the selection of officers,	127
directors, or managers of a business entity that has had a coal	128
mining or surface mining permit that in the five-year period prior	129
to the date of submission of the application has been suspended or	130
revoked or has had a coal mining or surface mining bond,	131
performance security, or similar security deposited in lieu of	132
bond forfeited and, if so, a brief explanation of the facts	133
involved.	134

(f) A copy of the applicant's advertisement to be published	135
in a newspaper of general circulation in the locality of the	136
proposed site at least once a week for four successive weeks,	137
which shall include the ownership of the proposed mine, a	138
description of the exact location and boundaries of the proposed	139
site sufficient to make the proposed operation readily	140
identifiable by local residents, and the location where the	141
application is available for public inspection;	142

(g) A description of the type and method of coal mining	143
operation that exists or is proposed, the engineering techniques	144
proposed or used, and the equipment used or proposed to be used;	145

(h) The anticipated or actual starting and termination dates	146
of each phase of the mining operation and number of acres of land	147
to be affected;	148

(i) An accurate map or plan, to an appropriate scale, clearly	149
showing the land to be affected and the land upon which the	150
applicant has the legal right to enter and commence coal mining	151
operations, copies of those documents upon which is based the	152
applicant's legal right to enter and commence coal mining	153
operations, and a statement whether that right is the subject of	154
pending litigation. This chapter does not authorize the chief to	155
adjudicate property title disputes.	156

(j) The name of the watershed and location of the surface	157
stream or tributary into which drainage from the operation will be	158
discharged;	159

(k) A determination of the probable hydrologic consequences	160
of the mining and reclamation operations, both on and off the mine	161
site, with respect to the hydrologic regime, providing information	162
on the quantity and quality of water in surface and ground water	163
systems including the dissolved and suspended solids under	164
seasonal flow conditions and the collection of sufficient data for	165
the mine site and surrounding areas so that an assessment can be	166
made by the chief of the probable cumulative impacts of all	167
anticipated mining in the area upon the hydrology of the area and	168
particularly upon water availability, but this determination shall	169
not be required until hydrologic information of the general area	170
prior to mining is made available from an appropriate federal or	171
state agency; however, the permit shall not be approved until the	172
information is available and is incorporated into the application;	173

(l) When requested by the chief, the climatological factors	174
that are peculiar to the locality of the land to be affected,	175
including the average seasonal precipitation, the average	176
direction and velocity of prevailing winds, and the seasonal	177
temperature ranges;	178

(m) Accurate maps prepared by or under the direction of and	179
certified by a qualified registered professional engineer,	180
registered surveyor, or licensed landscape architect to an	181
appropriate scale clearly showing all types of information set	182
forth on topographical maps of the United States geological survey	183
of a scale of not more than four hundred feet to the inch,	184
including all artificial features and significant known	185
archeological sites. The map, among other things specified by the	186
chief, shall show all boundaries of the land to be affected, the	187
boundary lines and names of present owners of record of all	188
surface areas abutting the permit area, and the location of all	189
buildings within one thousand feet of the permit area.	190

(n)(i) Cross-section maps or plans of the land to be affected	191
including the actual area to be mined, prepared by or under the	192
direction of and certified by a qualified registered professional	193
engineer or certified professional geologist with assistance from	194
experts in related fields such as hydrology, hydrogeology,	195
geology, and landscape architecture, showing pertinent elevations	196
and locations of test borings or core samplings and depicting the	197
following information: the nature and depth of the various strata	198
of overburden; the nature and thickness of any coal or rider seam	199
above the coal seam to be mined; the nature of the stratum	200
immediately beneath the coal seam to be mined; all mineral crop	201
lines and the strike and dip of the coal to be mined within the	202
area to be affected; existing or previous coal mining limits; the	203
location and extent of known workings of any underground mines,	204
including mine openings to the surface; the location of spoil,	205
waste, or refuse areas and topsoil preservation areas; the	206
location of all impoundments for waste or erosion control; any	207
settling or water treatment facility; constructed or natural	208
drainways and the location of any discharges to any surface body	209
of water on the land to be affected or adjacent thereto; profiles	210
at appropriate cross sections of the anticipated final surface	211
configuration that will be achieved pursuant to the operator's	212
proposed reclamation plan; the location of subsurface water, if	213
encountered; the location and quality of aquifers; and the	214
estimated elevation of the water table. Registered surveyors shall	215
be allowed to perform all plans, maps, and certifications under	216
this chapter as they are authorized under Chapter 4733. of the	217
Revised Code.	218

(ii) A statement of the quality and locations of subsurface	219
water. The chief shall provide by rule the number of locations to	220
be sampled, frequency of collection, and parameters to be analyzed	221
to obtain the statement required.	222

(o) A statement of the results of test borings or core	223
samplings from the permit area, including logs of the drill holes,	224
the thickness of the coal seam found, an analysis of the chemical	225
properties of the coal, the sulfur content of any coal seam,	226
chemical analysis of potentially acid or toxic forming sections of	227
the overburden, and chemical analysis of the stratum lying	228
immediately underneath the coal to be mined, except that this	229
division may be waived by the chief with respect to the specific	230
application by a written determination that its requirements are	231
unnecessary. If the test borings or core samplings from the permit	232
area indicate the existence of potentially acid forming or toxic	233
forming quantities of sulfur in the coal or overburden to be	234
disturbed by mining, the application also shall include a	235
statement of the acid generating potential and the acid	236
neutralizing potential of the rock strata to be disturbed as	237
calculated in accordance with the calculation method established	238
under section 1513.075 of the Revised Code or with another	239
calculation method.	240

(p) For those lands in the permit application that a	241
reconnaissance inspection suggests may be prime farmlands, a soil	242
survey shall be made or obtained according to standards	243
established by the secretary of the United States department of	244
agriculture in order to confirm the exact location of the prime	245
farmlands, if any;	246

(q) A certificate issued by an insurance company authorized	247
to do business in this state certifying that the applicant has a	248
public liability insurance policy in force for the coal mining and	249
reclamation operations for which the permit is sought or evidence	250
that the applicant has satisfied other state self-insurance	251
requirements. The policy shall provide for personal injury and	252
property damage protection in an amount adequate to compensate any	253
persons damaged as a result of coal mining and reclamation	254
operations, including the use of explosives, and entitled to	255
compensation under the applicable provisions of state law. The	256
policy shall be maintained in effect during the term of the permit	257
or any renewal, including the length of all reclamation	258
operations. The insurance company shall give prompt notice to the	259
permittee and the chief if the public liability insurance policy	260
lapses for any reason including the nonpayment of insurance	261
premiums. Upon the lapse of the policy, the chief may suspend the	262
permit and all other outstanding permits until proper insurance	263
coverage is obtained.	264

(r) The business telephone number of the applicant;

265

(s) If the applicant seeks an authorization under division	266
(E)(7) of this section to conduct coal mining and reclamation	267
operations on areas to be covered by the permit that were affected	268
by coal mining operations before August 3, 1977, that have	269
resulted in continuing water pollution from or on the previously	270
mined areas, such additional information pertaining to those	271
previously mined areas as may be required by the chief, including,	272
without limitation, maps, plans, cross sections, data necessary to	273
determine existing water quality from or on those areas with	274
respect to pH, iron, and manganese, and a pollution abatement plan	275
that may improve water quality from or on those areas with respect	276
to pH, iron, and manganese.	277

(2) Information pertaining to coal seams, test borings, core	278
samplings, or soil samples as required by this section shall be	279
made available by the chief to any person with an interest that is	280
or may be adversely affected, except that information that	281
pertains only to the analysis of the chemical and physical	282
properties of the coal, excluding information regarding mineral or	283
elemental content that is potentially toxic in the environment,	284
shall be kept confidential and not made a matter of public record.	285

(3)(a) If the chief finds that the probable total annual	286
production at all locations of any operator will not exceed three	287
hundred thousand tons, the following activities, upon the written	288
request of the operator in connection with a permit application,	289
shall be performed by a qualified public or private laboratory or	290
another public or private qualified entity designated by the	291
chief, and the cost of the activities shall be assumed by the	292
chief, provided that sufficient moneys for such assistance are	293
available:	294

(i) The determination of probable hydrologic consequences	295
required under division (B)(1)(k) of this section;	296

(ii) The development of cross-section maps and plans required	297
under division (B)(1)(n)(i) of this section;	298

(iii) The geologic drilling and statement of results of test	299
borings and core samplings required under division (B)(1)(o) of	300
this section;	301

(iv) The collection of archaeological information required	302
under division (B)(1)(m) of this section and any other	303
archaeological and historical information required by the chief,	304
and the preparation of plans necessitated thereby;	305

(v) Pre-blast surveys required under division (E) of section	306
1513.161 of the Revised Code;	307

(vi) The collection of site-specific resource information and	308
production of protection and enhancement plans for fish and	309
wildlife habitats and other environmental values required by the	310
chief under this chapter.	311

(b) A coal operator that has received assistance under	312
division (B)(3)(a) of this section shall reimburse the chief for	313
the cost of the services rendered if the chief finds that the	314
operator's actual and attributed annual production of coal for all	315
locations exceeds three hundred thousand tons during the twelve	316
months immediately following the date on which the operator was	317
issued a coal mining and reclamation permit.	318

(4) Each applicant for a permit shall submit to the chief as	319
part of the permit application a reclamation plan that meets the	320
requirements of this chapter.	321

(5) Each applicant for a coal mining and reclamation permit	322
shall file a copy of the application for a permit, excluding that	323
information pertaining to the coal seam itself, for public	324
inspection with the county recorder or an appropriate public	325
office approved by the chief in the county where the mining is	326
proposed to occur.	327

(6) Each applicant for a coal mining and reclamation permit	328
shall submit to the chief as part of the permit application a	329
blasting plan that describes the procedures and standards by which	330
the operator will comply with section 1513.161 of the Revised	331
Code.	332

(C) Each reclamation plan submitted as part of a permit	333
application shall include, in the detail necessary to demonstrate	334
that reclamation required by this chapter can be accomplished and	335
in the detail necessary for the chief to determine the estimated	336
cost of reclamation if the reclamation has to be performed by the	337
division of mineral resources management in the event of	338
forfeiture of the performance security by the applicant, a	339
statement of:	340

(1) The identification of the lands subject to coal mining	341
operations over the estimated life of those operations and the	342
size, sequence, and timing of the subareas for which it is	343
anticipated that individual permits for mining will be sought;	344

(2) The condition of the land to be covered by the permit	345
prior to any mining, including all of the following:	346

(a) The uses existing at the time of the application and, if	347
the land has a history of previous mining, the uses that preceded	348
any mining;	349

(b) The capability of the land prior to any mining to support	350
a variety of uses, giving consideration to soil and foundation	351
characteristics, topography, and vegetative cover and, if	352
applicable, a soil survey prepared pursuant to division (B)(1)(p)	353
of this section;	354

(c) The productivity of the land prior to mining, including	355
appropriate classification as prime farmlands as well as the	356
average yield of food, fiber, forage, or wood products obtained	357
from the land under high levels of management.	358

(3) The use that is proposed to be made of the land following	359
reclamation, including information regarding the utility and	360
capacity of the reclaimed land to support a variety of alternative	361
uses, the relationship of the proposed use to existing land use	362
policies and plans, and the comments of any owner of the land and	363
state and local governments or agencies thereof that would have to	364
initiate, implement, approve, or authorize the proposed use of the	365
land following reclamation;	366

(4) A detailed description of how the proposed postmining	367
land use is to be achieved and the necessary support activities	368
that may be needed to achieve the proposed land use;	369

(5) The engineering techniques proposed to be used in mining	370
and reclamation and a description of the major equipment; a plan	371
for the control of surface water drainage and of water	372
accumulation; a plan, where appropriate, for backfilling, soil	373
stabilization, and compacting, grading, and appropriate	374
revegetation; a plan for soil reconstruction, replacement, and	375
stabilization, pursuant to the performance standards in section	376
1513.16 of the Revised Code, for those food, forage, and forest	377
lands identified in that section; and a statement as to how the	378
permittee plans to comply with each of the requirements set out in	379
section 1513.16 of the Revised Code;	380

(6) A description of the means by which the utilization and	381
conservation of the solid fuel resource being recovered will be	382
maximized so that reaffecting the land in the future can be	383
minimized;	384

(7) A detailed estimated timetable for the accomplishment of	385
each major step in the reclamation plan;	386

(8) A description of the degree to which the coal mining and	387
reclamation operations are consistent with surface owner plans and	388
applicable state and local land use plans and programs;	389

(9) The steps to be taken to comply with applicable air and	390
water quality laws and regulations and any applicable health and	391
safety standards;	392

(10) A description of the degree to which the reclamation	393
plan is consistent with local physical, environmental, and	394
climatological conditions;	395

(11) A description of all lands, interests in lands, or	396
options on such interests held by the applicant or pending bids on	397
interests in lands by the applicant, which lands are contiguous to	398
the area to be covered by the permit;	399

(12) The results of test borings that the applicant has made	400
at the area to be covered by the permit, or other equivalent	401
information and data in a form satisfactory to the chief,	402
including the location of subsurface water, and an analysis of the	403
chemical properties, including acid forming properties of the	404
mineral and overburden; except that information that pertains only	405
to the analysis of the chemical and physical properties of the	406
coal, excluding information regarding mineral or elemental	407
contents that are potentially toxic in the environment, shall be	408
kept confidential and not made a matter of public record;	409

(13) A detailed description of the measures to be taken	410
during the mining and reclamation process to ensure the protection	411
of all of the following:	412

(a) The quality of surface and ground water systems, both on-	413
and off-site, from adverse effects of the mining and reclamation	414
process;	415

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

416

(c) The quantity of surface and ground water systems, both	417
on- and off-site, from adverse effects of the mining and	418
reclamation process or, where such protection of quantity cannot	419
be assured, provision of alternative sources of water.	420

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

421

(D)(1) Any information required by division (C) of this	422
section that is not on public file pursuant to this chapter shall	423
be held in confidence by the chief.	424

(2) With regard to requests for an exemption from the	425
requirements of this chapter for coal extraction incidental to the	426
extraction of other minerals, as described in division (H)(1)(a)	427
of section 1513.01 of the Revised Code, confidential information	428
includes and is limited to information concerning trade secrets or	429
privileged commercial or financial information relating to the	430
competitive rights of the persons intending to conduct the	431
extraction of minerals.	432

(E)(1) Upon the basis of a complete mining application and	433
reclamation plan or a revision or renewal thereof, as required by	434
this chapter, and information obtained as a result of public	435
notification and public hearing, if any, as provided by section	436
1513.071 of the Revised Code, the chief shall grant, require	437
modification of, or deny the application for a permit and notify	438
the applicant in writing in accordance with division (I)(3) of	439
this section. An application is deemed to be complete as submitted	440
to the chief unless the chief, within fourteen days of the	441
submission, identifies deficiencies in the application in writing	442
and subsequently submits a copy of a written list of deficiencies	443
to the applicant.	444

A decision of the chief denying a permit shall state in	445
writing the specific reasons for the denial.	446

The applicant for a permit or revision of a permit has the	447
burden of establishing that the application is in compliance with	448
all the requirements of this chapter. Within ten days after the	449
granting of a permit, the chief shall notify the boards of	450
township trustees and county commissioners, the mayor, and the	451
legislative authority in the township, county, and municipal	452
corporation in which the area of land to be affected is located	453
that a permit has been issued and shall describe the location of	454
the land. However, failure of the chief to notify the local	455
officials shall not affect the status of the permit.	456

(2) No permit application or application for revision of an	457
existing permit shall be approved unless the application	458
affirmatively demonstrates and the chief finds in writing on the	459
basis of the information set forth in the application or from	460
information otherwise available, which shall be documented in the	461
approval and made available to the applicant, all of the	462
following:	463

(a) The application is accurate and complete and all the	464
requirements of this chapter have been complied with.	465

(b) The applicant has demonstrated that the reclamation	466
required by this chapter can be accomplished under the reclamation	467
plan contained in the application.	468

(c)(i) Assessment of the probable cumulative impact of all	469
anticipated mining in the general and adjacent area on the	470
hydrologic balance specified in division (B)(1)(k) of this section	471
has been made by the chief, and the proposed operation has been	472
designed to prevent material damage to hydrologic balance outside	473
the permit area.	474

(ii) There shall be an ongoing process conducted by the chief	475
in cooperation with other state and federal agencies to review all	476
assessments of probable cumulative impact of coal mining in light	477
of post-mining data and any other hydrologic information as it	478
becomes available to determine if the assessments were realistic.	479
The chief shall take appropriate action as indicated in the review	480
process.	481

(d) The area proposed to be mined is not included within an	482
area designated unsuitable for coal mining pursuant to section	483
1513.073 of the Revised Code or is not within an area under study	484
for such designation in an administrative proceeding commenced	485
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the	486
Revised Code unless in an area as to which an administrative	487
proceeding has commenced pursuant to division (A)(3)(c) or (B) of	488
section 1513.073 of the Revised Code, the operator making the	489
permit application demonstrates that, prior to January 1, 1977,	490
the operator made substantial legal and financial commitments in	491
relation to the operation for which a permit is sought.	492

(e) In cases where the private mineral estate has been	493
severed from the private surface estate and surface disturbance	494
will result from the applicant's proposed use of a strip mining	495
method, the applicant has submitted to the chief one of the	496
following:	497

(i) The written consent of the surface owner to the surface	498
disturbance that will result from the extraction of coal by the	499
applicant's proposed strip mining methodsmethod;	500

(ii) A conveyance that expressly grants or reserves the right	501
to extract the coal by strip mining methods that cause surface	502
disturbance;	503

(iii) If the conveyance does not expressly grant the right to	504
extract coal by strip mining methods that cause surface	505
disturbance, the surface-subsurface legal relationship concerning	506
surface disturbance shall be determined under the law of this	507
state. This chapter does not authorize the chief to adjudicate	508
property rights disputes.	509

(3)(a) The applicant shall file with the permit application a	510
schedule listing all notices of violations of any law, rule, or	511
regulation of the United States or of any department or agency	512
thereof or of any state pertaining to air or water environmental	513
protection incurred by the applicant in connection with any coal	514
mining operation during the three-year period prior to the date of	515
application. The schedule also shall indicate the final resolution	516
of such a notice of violation. Upon receipt of an application, the	517
chief shall provide a schedule listing all notices of violations	518
of this chapter pertaining to air or water environmental	519
protection incurred by the applicant during the three-year period	520
prior to receipt of the application and the final resolution of	521
all such notices of violation. The chief shall provide this	522
schedule to the applicant for filing by the applicant with the	523
application filed for public review, as required by division	524
(B)(5) of this section. When the schedule or other information	525
available to the chief indicates that any coal mining operation	526
owned or controlled by the applicant is currently in violation of	527
such laws, the permit shall not be issued until the applicant	528
submits proof that the violation has been corrected or is in the	529
process of being corrected to the satisfaction of the regulatory	530
authority, department, or agency that has jurisdiction over the	531
violation and that any civil penalties owed to the state for a	532
violation and not the subject of an appeal have been paid. No	533
permit shall be issued to an applicant after a finding by the	534
chief that the applicant or the operator specified in the	535
application controls or has controlled mining operations with a	536
demonstrated pattern of willful violations of this chapter of a	537
nature and duration to result in irreparable damage to the	538
environment as to indicate an intent not to comply with or a	539
disregard of this chapter.	540

(b) For the purposes of division (E)(3)(a) of this section,	541
any violation resulting from an unanticipated event or condition	542
at a surface coal mining operation on lands eligible for remining	543
under a permit held by the person submitting an application for a	544
coal mining permit under this section shall not prevent issuance	545
of that permit. As used in this division, "unanticipated event or	546
condition" means an event or condition encountered in a remining	547
operation that was not contemplated by the applicable surface coal	548
mining and reclamation permit.	549

(4)(a) In addition to finding the application in compliance	550
with division (E)(2) of this section, if the area proposed to be	551
mined contains prime farmland as determined pursuant to division	552
(B)(1)(p) of this section, the chief, after consultation with the	553
secretary of the United States department of agriculture and	554
pursuant to regulations issued by the secretary of the interior	555
with the concurrence of the secretary of agriculture, may grant a	556
permit to mine on prime farmland if the chief finds in writing	557
that the operator has the technological capability to restore the	558
mined area, within a reasonable time, to equivalent or higher	559
levels of yield as nonmined prime farmland in the surrounding area	560
under equivalent levels of management and can meet the soil	561
reconstruction standards in section 1513.16 of the Revised Code.	562

(b) Division (E)(4)(a) of this section does not apply to a	563
permit issued prior to August 3, 1977, or revisions or renewals	564
thereof.	565

(5) The chief shall issue an order denying a permit after	566
finding that the applicant has misrepresented or omitted any	567
material fact in the application for the permit.	568

(6) The chief may issue an order denying a permit after	569
finding that the applicant, any partner, if the applicant is a	570
partnership, any officer, principal shareholder, or director, if	571
the applicant is a corporation, or any other person who has a	572
right to control or in fact controls the management of the	573
applicant or the selection of officers, directors, or managers of	574
the applicant has been a sole proprietor or partner, officer,	575
director, principal shareholder, or person having the right to	576
control or has in fact controlled the management of or the	577
selection of officers, directors, or managers of a business entity	578
that ever has had a coal mining license or permit issued by this	579
or any other state or the United States suspended or revoked, ever	580
has forfeited a coal or surface mining bond, performance security,	581
or similar security deposited in lieu of bond in this or any other	582
state or with the United States, or ever has substantially or	583
materially failed to comply with this chapter.	584

(7) When issuing a permit under this section, the chief may	585
authorize an applicant to conduct coal mining and reclamation	586
operations on areas to be covered by the permit that were affected	587
by coal mining operations before August 3, 1977, that have	588
resulted in continuing water pollution from or on the previously	589
mined areas for the purpose of potentially reducing the pollution	590
loadings of pH, iron, and manganese from discharges from or on the	591
previously mined areas. Following the chief's authorization to	592
conduct such operations on those areas, the areas shall be	593
designated as pollution abatement areas for the purposes of this	594
chapter.	595

The chief shall not grant an authorization under division	596
(E)(7) of this section to conduct coal mining and reclamation	597
operations on any such previously mined areas unless the applicant	598
demonstrates to the chief's satisfaction that all of the following	599
conditions are met:	600

(a) The applicant's pollution abatement plan for mining and	601
reclaiming the previously mined areas represents the best	602
available technology economically achievable.	603

(b) Implementation of the plan will potentially reduce	604
pollutant loadings of pH, iron, and manganese resulting from	605
discharges of surface waters or ground water from or on the	606
previously mined areas within the permit area.	607

(c) Implementation of the plan will not cause any additional	608
degradation of surface water quality off the permit area with	609
respect to pH, iron, and manganese.	610

(d) Implementation of the plan will not cause any additional	611
degradation of ground water.	612

(e) The plan meets the requirements governing mining and	613
reclamation of such previously mined pollution abatement areas	614
established by the chief in rules adopted under section 1513.02 of	615
the Revised Code.	616

(f) Neither the applicant; any partner, if the applicant is a	617
partnership; any officer, principal shareholder, or director, if	618
the applicant is a corporation; any other person who has a right	619
to control or in fact controls the management of the applicant or	620
the selection of officers, directors, or managers of the	621
applicant; nor any contractor or subcontractor of the applicant,	622
has any of the following:	623

(i) Responsibility or liability under this chapter or rules	624
adopted under it as an operator for treating the discharges of	625
water pollutants from or on the previously mined areas for which	626
the authorization is sought;	627

(ii) Any responsibility or liability under this chapter or	628
rules adopted under it for reclaiming the previously mined areas	629
for which the authorization is sought;	630

(iii) During the eighteen months prior to submitting the	631
permit application requesting an authorization under division	632
(E)(7) of this section, had a coal mining and reclamation permit	633
suspended or revoked under division (D)(3) of section 1513.02 of	634
the Revised Code for violating this chapter or Chapter 6111. of	635
the Revised Code or rules adopted under them with respect to water	636
quality, effluent limitations, or surface or ground water	637
monitoring;	638

(iv) Ever forfeited a coal or surface mining bond,	639
performance security, or similar security deposited in lieu of a	640
bond in this or any other state or with the United States.	641

(8) In the case of the issuance of a permit that involves a	642
conflict of results between various methods of calculating	643
potential acidity and neutralization potential for purposes of	644
assessing the potential for acid mine drainage to occur at a mine	645
site, the permit shall include provisions for monitoring and	646
record keeping to identify the creation of unanticipated acid	647
water at the mine site. If the monitoring detects the creation of	648
acid water at the site, the permit shall impose on the permittee	649
additional requirements regarding mining practices and site	650
reclamation to prevent the discharge of acid mine drainage from	651
the mine site. As used in division (E)(8) of this section,	652
"potential acidity" and "neutralization potential" have the same	653
meanings as in section 1513.075 of the Revised Code.	654

(F)(1) During the term of the permit, the permittee may	655
submit an application for a revision of the permit, together with	656
a revised reclamation plan, to the chief.	657

(2) An application for a revision of a permit shall not be	658
approved unless the chief finds that reclamation required by this	659
chapter can be accomplished under the revised reclamation plan.	660
The revision shall be approved or disapproved within ninety days	661
after receipt of a complete revision application. The chief shall	662
establish, by rule, criteria for determining the extent to which	663
all permit application information requirements and procedures,	664
including notice and hearings, shall apply to the revision	665
request, except that any revisions that propose significant	666
alterations in the reclamation plan, at a minimum, shall be	667
subject to notice and hearing requirements.	668

(3) Any extensions to the area covered by the permit except	669
incidental boundary revisions shall be made by application for a	670
permit.	671

(G) No transfer, assignment, or sale of the rights granted	672
under a permit issued pursuant to this chapter shall be made	673
without the written approval of the chief.	674

(H) The chief, within a time limit prescribed in the chief's	675
rules, shall review outstanding permits and may require reasonable	676
revision or modification of a permit. A revision or modification	677
shall be based upon a written finding and subject to notice and	678
hearing requirements established by rule of the chief.	679

(I)(1) If an informal conference has been held pursuant to	680
section 1513.071 of the Revised Code, the chief shall issue and	681
furnish the applicant for a permit, persons who participated in	682
the informal conference, and persons who filed written objections	683
pursuant to division (B) of section 1513.071 of the Revised Code,	684
with the written finding of the chief granting or denying the	685
permit in whole or in part and stating the reasons therefor within	686
sixty days of the conference, provided that the chief shall comply	687
with the time frames established in division (I)(3) of this	688
section.	689

(2) If there has been no informal conference held pursuant to	690
section 1513.071 of the Revised Code, the chief shall submit to	691
the applicant for a permit the written finding of the chief	692
granting or denying the permit in whole or in part and stating the	693
reasons therefor within the time frames established in division	694
(I)(3) of this section.	695

(3) The chief shall grant or deny a permit not later than two	696
hundred forty days after the submission of a complete application	697
for the permit. Any time during which the applicant is making	698
revisions to an application or providing additional information	699
requested by the chief regarding an application shall not be	700
included in the two hundred forty days. If the chief determines	701
that a permit cannot be granted or denied within the	702
two-hundred-forty-day time frame, the chief, not later than two	703
hundred ten days after the submission of a complete application	704
for the permit, shall provide the applicant with written notice of	705
the expected delay.	706

(4) If the application is approved, the permit shall be	707
issued. If the application is disapproved, specific reasons	708
therefor shall be set forth in the notification. Within thirty	709
days after the applicant is notified of the final decision of the	710
chief on the permit application, the applicant or any person with	711
an interest that is or may be adversely affected may appeal the	712
decision to the reclamation commission pursuant to section 1513.13	713
of the Revised Code.	714

(5) Any applicant or any person with an interest that is or	715
may be adversely affected who has participated in the	716
administrative proceedings as an objector and is aggrieved by the	717
decision of the reclamation commission, or if the commission fails	718
to act within the time limits specified in this chapter, may	719
appeal in accordance with section 1513.14 of the Revised Code.	720

Sec. 1513.073.  (A)(1) Upon petition pursuant to division (B)	721
of this section, the chief of the division of mineral resources	722
management shall designate an area as unsuitable for all or	723
certain types of coal mining operations if the chief determines	724
that reclamation pursuant to the requirements of this chapter is	725
not technologically and economically feasible.	726

(2) Upon petition pursuant to division (B) of this section, a	727
surface area may be designated unsuitable for all or certain types	728
of coal mining operations if the operations will:	729

(a) Be incompatible with existing state or local land use	730
plans or programs;	731

(b) Affect fragile or historic lands in which the operations	732
could result in significant damage to important historic,	733
cultural, scientific, and esthetic values and natural systems;	734

(c) Affect renewable resource lands in which the operations	735
could result in a substantial loss or reduction of long-range	736
productivity of water supply or of food or fiber products, or	737
aquifers and aquifer recharge areas;	738

(d) Affect natural hazard lands in which the operations could	739
substantially endanger life and property, such lands to include	740
areas subject to frequent flooding and areas of unstable geology.	741

(3) The chief shall develop the following:

742

(a) A data base and an inventory system that will permit	743
proper evaluation of the capacity of different land areas of the	744
state to support and permit reclamation of coal mining operations;	745

(b) A method or methods for implementing land use planning	746
decisions concerning coal mining operations;	747

(c) Procedures for proper notice and opportunities for public	748
participation, including a public meeting prior to making any	749
designation or redesignation, pursuant to this section.	750

(4) Determinations of the unsuitablity of land for coal	751
mining, as provided for in this section, shall be integrated as	752
closely as possible with present and future land use planning and	753
regulation processes at the federal, state, and local levels.	754

(5) The requirements of this section do not apply to lands on	755
which coal mining operations were being conducted on August 3,	756
1977, or under a permit issued pursuant to this chapter, or where	757
substantial legal and financial commitments in the operation were	758
in existence prior to January 4, 1977.	759

(B) A person having an interest that is or may be adversely	760
affected may petition the chief to have an area designated as	761
unsuitable for coal mining operations or to have such a	762
designation terminated. The petition shall contain allegations of	763
facts with supporting evidence that would tend to establish the	764
allegations. The chief shall hold a public meeting in the locality	765
of the affected area, after appropriate notice and publication of	766
the date, time, and location of the meeting within ninety days	767
after receipt of the petition, provided that the chief may extend	768
the time for holding the meeting an additional two hundred ten	769
days when, in the chief's judgment, such additional time is needed	770
for adequate review of the petition. Any person may appear at the	771
meeting and present a statement or evidence regarding the	772
petition. Within sixty days after the meeting, the chief shall	773
issue and furnish to the petitioner and any other participant at	774
the meeting a written decision regarding the petition, and the	775
reasons therefor.	776

(C) Prior to designating any land areas as unsuitable for	777
coal mining operations or terminating previous determinations of	778
unsuitability, the chief shall prepare a detailed statement on:	779

(1) The potential coal resources of the area;

780

(2) The demand for coal resources;

781

(3) The impact of the designation on the environment, the	782
economy, and the supply of coal.	783

(D) After August 3, 1977, and subject to valid existing	784
rights, no coal mining operations except those that existed on	785
August 3, 1977, shall be permitted:	786

(1) On any lands within the boundaries of units of the	787
national park system, the national wildlife refuge systems, the	788
national system of trails, the national wilderness preservation	789
system, the wild and scenic rivers system, including study rivers	790
designated under section 5(a) of the "Wild and Scenic Rivers Act,"	791
82 Stat. 906 (1968), 16 U.S.C.A. 1274, and national recreation	792
areas designated by act of congress;	793

(2) On any federal lands within the boundaries of any	794
national forest unless approval is granted by the secretary of the	795
United States department of the interior;	796

(3) That will adversely affect any publicly owned park or any	797
places included in the national register of historic sites unless	798
approved jointly by the chief and the federal, state, or local	799
agency with jurisdiction over the park or the historic site;	800

(4) Within one hundred feet of the outside right-of-way line	801
of any public road, measured horizontally, except where mine	802
access roads or haulage roads join such right-of-way line and	803
except that the chief may permit the roads to be relocated or the	804
area affected to lie within one hundred feet of such road if after	805
public notice and opportunity for public meeting in the locality	806
of the affected area a written finding is made that the interests	807
of the public and the landowners affected thereby will be	808
protected;	809

(5) Within three hundred feet from any occupied dwelling,	810
measured horizontally, unless waived by the owner thereof, nor	811
within three hundred feet, measured horizontally, of any public	812
building, school, church, community, or institutional building, or	813
public park, nor within one hundred feet, measured horizontally,	814
of a cemetery.	815

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

816

(1) "Potential acidity" means a laboratory measurement of the	817
amount of acidity that could be produced by material in a rock	818
strata proposed to be disturbed by mining and that is expressed by	819
a numeral indicating the number of tons of that acidity that would	820
be present in one thousand tons of disturbed overburden.	821

(2) "Neutralization potential" means a laboratory measurement	822
of the alkalinity of a rock strata expressed as the amount of	823
acidity that would be neutralized by material proposed to be	824
disturbed by mining and that is expressed by a numeral indicating	825
the number of tons of that alkalinity that would be present in one	826
thousand tons of disturbed overburden.	827

(3) "Test borings or core samplings" refer to test borings or	828
core samplings performed on rock strata in an area proposed to be	829
covered by a permit for a coal mining operation, the results of	830
which must be stated in the permit application in accordance with	831
division (B)(1)(o) of section 1513.07 of the Revised Code.	832

(B) For purposes of the determination of the chief of the	833
division of mineral resources management regarding whether to	834
approve an application for a permit for a coal mining operation	835
based on criteria established in divisions (E)(2)(a) and (c) of	836
section 1513.07 of the Revised Code and related performance	837
standards established in division (A)(10) of section 1513.16 of	838
the Revised Code, the potential acidity and the neutralization	839
potential of the rock strata that would be disturbed under the	840
permit may be calculated in accordance with this section.	841

(C) The measurement of potential acidity may be based on	842
laboratory analyses of the sulfur content of the coal and	843
overburden to be disturbed by mining. If the results of test	844
borings or core samplings include laboratory analyses of the	845
pyritic form of sulfur, the applicant may base the calculation of	846
the potential acidity for the area on the pyritic sulfur content	847
of the coal and overburden to be disturbed by mining rather than	848
on the total sulfur content.	849

(D) The tons of rock in the area represented by each core	850
hole resulting from test boring or core sampling may be estimated	851
and used to calculate the tons of potential acidity and tons of	852
neutralization potential for each rock stratum. The sum of those	853
values across the proposed permit area may be used to calculate	854
the site's overall neutralization potential and potential acidity.	855

(E) The proposed permit area may not be considered to have	856
the potential to create acid or other toxic mine drainage if	857
either of the following applies:	858

(1) The numeral that indicates the site's overall	859
neutralization potential divided by the numeral that indicates the	860
site's overall potential acidity results in a quotient that is	861
equal to or greater than two.	862

(2) The numeral that indicates the neutralization potential	863
subtracted from the numeral that indicates the potential acidity	864
results in a remainder that is equal to or less than either of the	865
following:	866

(a) Negative five in the case that the total sulfur content	867
of rock strata is used to calculate potential acidity;	868

(b) Negative ten in the case that the pyritic sulfur content	869
of rock strata is used to calculate potential aciditynegative	870
ten.	871

Sec. 1513.081. (A) If an operatora permittee becomes	872
insolvent, or an alternative financial security to provide	873
long-term water treatment or a long-term alternative water supply,	874
or both, is not provided in accordance with division (F)(8) of	875
section 1513.16 of the Revised Code, the division of mineral	876
resources management shall have a priority lien in front of all	877
other interested creditors against the assets of that operator	878
permittee for the amount of any reclamation that is required as a	879
result of the operator'spermittee's mining activities. The chief	880
of the division of mineral resources management shall file a	881
statement in the office of the county recorder of each county in	882
which the mined land lies of the estimated cost to reclaim the	883
land and, if applicable, the cost to provide long-term water	884
treatment or a long-term alternative water supply, or both. The	885
estimated cost to reclaim the land and, if applicable, the cost to	886
provide long-term water treatment or a long-term alternative water	887
supply, or both, shall include the direct and indirect costs of	888
the development, design, construction, management, and	889
administration of the reclamation and, if applicable, the	890
long-term water treatment or long-term alternative water supply.	891
The statement shall constitute a lien on the assets of the	892
operatorpermittee as of the date of the filing. The lien shall	893
continue in force so long as any portion of the lien remains	894
unpaid or until the chief issues a certificate of release of the	895
lien. If the chief issues a certificate of release of the lien,	896
the chief shall file the certificate of release in the office of	897
each applicable county recorder.	898

(B) The chief promptly shall issue a certificate of release	899
of a lien under any of the following circumstances:	900

(1) Upon the repayment in full of the money that is necessary	901
to complete the reclamation, develop and implement mine drainage	902
plans, or provide alternative financial security for water	903
treatment or to provide and maintain an alternative water supply,	904
as applicable;	905

(2) Upon the transfer of an existing permit that includes the	906
areas of the operation for which reclamation of land and water	907
resources was not completed to a different operatorapplicant;	908

(3) Any other circumstance that the chief determines to be in	909
the best interests of the state.	910

(C) The chief may modify the amount of a lien under this	911
section. If the chief modifies a lien, the chief shall file a	912
statement in the office of the county recorder of each applicable	913
county of the new amount of the lien.	914

(D) The chief may authorize an agent to hold a certificate of	915
release in escrow for a period not to exceed one hundred eighty	916
days for the purpose of facilitating the transfer of unreclaimed	917
mine land.	918

(E) All money from the collection of liens under this section	919
shall be deposited in the state treasury to the credit of the	920
reclamation forfeiture fund created in section 1513.18 of the	921
Revised Code.	922

Sec. 1513.16.  (A) Any permit issued under this chapter to	923
conduct coal mining operations shall require that the operations	924
meet all applicable performance standards of this chapter and such	925
other requirements as the chief of the division of mineral	926
resources management shall adopt by rule. General performance	927
standards shall apply to all coal mining and reclamation	928
operations and shall require the operator at a minimum to do all	929
of the following:	930

(1) Conduct coal mining operations so as to maximize the	931
utilization and conservation of the solid fuel resource being	932
recovered so that reaffecting the land in the future through coal	933
mining can be minimized;	934

(2) Restore the land affected to a condition capable of	935
supporting the uses that it was capable of supporting prior to any	936
mining, or higher or better uses of which there is reasonable	937
likelihood, so long as the uses do not present any actual or	938
probable hazard to public health or safety or pose any actual or	939
probable threat of diminution or pollution of the waters of the	940
state, and the permit applicants' declared proposed land uses	941
following reclamation are not considered to be impractical or	942
unreasonable, to be inconsistent with applicable land use policies	943
and plans, to involve unreasonable delay in implementation, or to	944
violate federal, state, or local law;	945

(3) Except as provided in division (B) of this section, with	946
respect to all coal mining operations, backfill, compact where	947
advisable to ensure stability or to prevent leaching of toxic	948
materials, and grade in order to restore the approximate original	949
contour of the land with all highwalls, spoil piles, and	950
depressions eliminated unless small depressions are needed in	951
order to retain moisture to assist revegetation or as otherwise	952
authorized pursuant to this chapter, provided that if the operator	953
demonstrates that due to volumetric expansion the amount of	954
overburden and the spoil and waste materials removed in the course	955
of the mining operation are more than sufficient to restore the	956
approximate original contour, the operator shall backfill, grade,	957
and compact the excess overburden and other spoil and waste	958
materials to attain the lowest grade, but not more than the angle	959
of repose, and to cover all acid-forming and other toxic materials	960
in order to achieve an ecologically sound land use compatible with	961
the surrounding region in accordance with the approved mining	962
plan. The overburden or spoil shall be shaped and graded in such a	963
way as to prevent slides, erosion, and water pollution and shall	964
be revegetated in accordance with this chapter.	965

(4) Stabilize and protect all surface areas, including spoil	966
piles affected by the coal mining and reclamation operation, to	967
control erosion and attendant air and water pollution effectively;	968

(5) Remove the topsoil from the land in a separate layer,	969
replace it on the backfill area, or, if not utilized immediately,	970
segregate it in a separate pile from the spoil, and when the	971
topsoil is not replaced on a backfill area within a time short	972
enough to avoid deterioration of the topsoil, maintain a	973
successful cover by quick-growing plants or other means thereafter	974
so that the topsoil is preserved from wind and water erosion,	975
remains free of any contamination by acid or other toxic material,	976
and is in a usable condition for sustaining vegetation when	977
restored during reclamation. If the topsoil is of insufficient	978
quantity or of poor quality for sustaining vegetation or if other	979
strata can be shown to be more suitable for vegetation	980
requirements, the operator shall remove, segregate, and preserve	981
in a like manner such other strata as are best able to support	982
vegetation.	983

(6) Restore the topsoil or the best available subsoil that is	984
best able to support vegetation;	985

(7) For all prime farmlands as identified in division	986
(B)(1)(p) of section 1513.07 of the Revised Code to be mined and	987
reclaimed, perform soil removal, storage, replacement, and	988
reconstruction in accordance with specifications established by	989
the secretary of the United States department of agriculture under	990
the "Surface Mining Control and Reclamation Act of 1977," 91 Stat.	991
445, 30 U.S.C.A. 1201. The operator, at a minimum, shall be	992
required to do all of the following:	993

(a) Segregate the A horizon of the natural soil, except where	994
it can be shown that other available soil materials will create a	995
final soil having a greater productive capacity, and, if not	996
utilized immediately, stockpile this material separately from the	997
spoil and provide needed protection from wind and water erosion or	998
contamination by acid or other toxic material;	999

(b) Segregate the B horizon of the natural soil, or	1000
underlying C horizons or other strata, or a combination of such	1001
horizons or other strata that are shown to be both texturally and	1002
chemically suitable for plant growth and that can be shown to be	1003
equally or more favorable for plant growth than the B horizon, in	1004
sufficient quantities to create in the regraded final soil a root	1005
zone of comparable depth and quality to that which existed in the	1006
natural soil, and, if not utilized immediately, stockpile this	1007
material separately from the spoil and provide needed protection	1008
from wind and water erosion or contamination by acid or other	1009
toxic material;	1010

(c) Replace and regrade the root zone material described in	1011
division (A)(7)(b) of this section with proper compaction and	1012
uniform depth over the regraded spoil material;	1013

(d) Redistribute and grade in a uniform manner the surface	1014
soil horizon described in division (A)(7)(a) of this section.	1015

(8) Create, if authorized in the approved mining and	1016
reclamation plan and permit, permanent impoundments of water on	1017
mining sites as part of reclamation activities only when it is	1018
adequately demonstrated by the operator that all of the following	1019
conditions will be met:	1020

(a) The size of the impoundment is adequate for its intended	1021
purposes.	1022

(b) The impoundment dam construction will be so designed as	1023
to achieve necessary stability with an adequate margin of safety	1024
compatible with that of structures constructed under the	1025
"Watershed Protection and Flood Prevention Act," 68 Stat. 666	1026
(1954), 16 U.S.C. 1001, as amended.	1027

(c) The quality of impounded water will be suitable on a	1028
permanent basis for its intended use and discharges from the	1029
impoundment will not degrade the water quality below water quality	1030
standards established pursuant to applicable federal and state law	1031
in the receiving stream.	1032

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

1033

(e) Final grading will provide adequate safety and access for	1034
proposed water users.	1035

(f) The water impoundments will not result in the diminution	1036
of the quality or quantity of water utilized by adjacent or	1037
surrounding landowners for agricultural, industrial, recreational,	1038
or domestic uses.	1039

(9) Conduct any augering operation associated with strip	1040
mining in a manner to maximize recoverability of mineral reserves	1041
remaining after the operation and reclamation are complete and	1042
seal all auger holes with an impervious and noncombustible	1043
material in order to prevent drainage, except where the chief	1044
determines that the resulting impoundment of water in such auger	1045
holes may create a hazard to the environment or the public health	1046
or safety. The chief may prohibit augering if necessary to	1047
maximize the utilization, recoverability, or conservation of the	1048
solid fuel resources or to protect against adverse water quality	1049
impacts.	1050

(10) Minimize the disturbances to the prevailing hydrologic	1051
balance at the mine site and in associated offsite areas and to	1052
the quality and quantity of water in surface and ground water	1053
systems both during and after coal mining operations and during	1054
reclamation by doing all of the following:	1055

(a) Avoiding acid or other toxic mine drainage by such	1056
measures as, but not limited to:	1057

(i) Preventing or removing water from contact with toxic	1058
producing deposits;	1059

(ii) Treating drainage to reduce toxic content that adversely	1060
affects downstream water upon being released to water courses in	1061
accordance with rules adopted by the chief in accordance with	1062
section 1513.02 of the Revised Code;	1063

(iii) Casing, sealing, or otherwise managing boreholes,	1064
shafts, and wells, and keeping acid or other toxic drainage from	1065
entering ground and surface waters.	1066

(b)(i) Conducting coal mining operations so as to prevent, to	1067
the extent possible using the best technology currently available,	1068
additional contributions of suspended solids to streamflow or	1069
runoff outside the permit area, but in no event shall	1070
contributions be in excess of requirements set by applicable state	1071
or federal laws;	1072

(ii) Constructing any siltation structures pursuant to	1073
division (A)(10)(b)(i) of this section prior to commencement of	1074
coal mining operations. The structures shall be certified by	1075
persons approved by the chief to be constructed as designed and as	1076
approved in the reclamation plan.	1077

(c) Cleaning out and removing temporary or large settling	1078
ponds or other siltation structures from drainways after disturbed	1079
areas are revegetated and stabilized, and depositing the silt and	1080
debris at a site and in a manner approved by the chief;	1081

(d) Restoring recharge capacity of the mined area to	1082
approximate premining conditions;	1083

(e) Avoiding channel deepening or enlargement in operations	1084
requiring the discharge of water from mines;	1085

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

1086

(11) With respect to surface disposal of mine wastes,	1087
tailings, coal processing wastes, and other wastes in areas other	1088
than the mine working areas or excavations, stabilize all waste	1089
piles in designated areas through construction in compacted	1090
layers, including the use of noncombustible and impervious	1091
materials if necessary, and ensure that the final contour of the	1092
waste pile will be compatible with natural surroundings and that	1093
the site can and will be stabilized and revegetated according to	1094
this chapter;	1095

(12) Refrain from coal mining within five hundred feet of	1096
active and abandoned underground mines in order to prevent	1097
breakthroughs and to protect the health or safety of miners. The	1098
chief shall permit an operator to mine near, through, or partially	1099
through an abandoned underground mine or closer than five hundred	1100
feet to an active underground mine if both of the following	1101
conditions are met:	1102

(a) The nature, timing, and sequencing of the approximate	1103
coincidence of specific strip mine activities with specific	1104
underground mine activities are approved by the chief.	1105

(b) The operations will result in improved resource recovery,	1106
abatement of water pollution, or elimination of hazards to the	1107
health and safety of the public.	1108

(13) Design, locate, construct, operate, maintain, enlarge,	1109
modify, and remove or abandon, in accordance with the standards	1110
and criteria developed pursuant to rules adopted by the chief, all	1111
existing and new coal mine waste piles consisting of mine wastes,	1112
tailings, coal processing wastes, or other liquid and solid	1113
wastes, and used either temporarily or permanently as dams or	1114
embankments;	1115

(14) Ensure that all debris, acid-forming materials, toxic	1116
materials, or materials constituting a fire hazard are treated or	1117
buried and compacted or otherwise disposed of in a manner designed	1118
to prevent contamination of ground or surface waters and that	1119
contingency plans are developed to prevent sustained combustion;	1120

(15) Ensure that all reclamation efforts proceed in an	1121
environmentally sound manner and as contemporaneously as	1122
practicable with the coal mining operations, except that where the	1123
applicant proposes to combine strip mining operations with	1124
underground mining operations to ensure maximum practical recovery	1125
of the mineral resources, the chief may grant a variance for	1126
specific areas within the reclamation plan from the requirement	1127
that reclamation efforts proceed as contemporaneously as	1128
practicable to permit underground mining operations prior to	1129
reclamation if:	1130

(a) The chief finds in writing that:

1131

(i) The applicant has presented, as part of the permit	1132
application, specific, feasible plans for the proposed underground	1133
mining operations.	1134

(ii) The proposed underground mining operations are necessary	1135
or desirable to ensure maximum practical recovery of the mineral	1136
resource and will avoid multiple disturbance of the surface.	1137

(iii) The applicant has satisfactorily demonstrated that the	1138
plan for the underground mining operations conforms to	1139
requirements for underground mining in this state and that permits	1140
necessary for the underground mining operations have been issued	1141
by the appropriate authority.	1142

(iv) The areas proposed for the variance have been shown by	1143
the applicant to be necessary for the implementing of the proposed	1144
underground mining operations.	1145

(v) No substantial adverse environmental damage, either	1146
on-site or off-site, will result from the delay in completion of	1147
reclamation as required by this chapter.	1148

(vi) Provisions for the off-site storage of spoil will comply	1149
with division (A)(21) of this section.	1150

(b) The chief has adopted specific rules to govern the	1151
granting of such variances in accordance with this division and	1152
has imposed such additional requirements as the chief considers	1153
necessary.	1154

(c) Variances granted under this division shall be reviewed	1155
by the chief not more than three years from the date of issuance	1156
of the permit.	1157

(d) Liability under the performance security filed by the	1158
applicant with the chief pursuant to section 1513.08 of the	1159
Revised Code shall be for the duration of the underground mining	1160
operations and until the requirements of this section and section	1161
1513.08 of the Revised Code have been fully complied with.	1162

(16) Ensure that the construction, maintenance, and	1163
postmining conditions of access roads into and across the site of	1164
operations will control or prevent erosion and siltation,	1165
pollution of water, and damage to fish or wildlife or their	1166
habitat, or to public or private property;	1167

(17) Refrain from the construction of roads or other access	1168
ways up a stream bed or drainage channel or in such proximity to	1169
the channel as to seriously alter the normal flow of water;	1170

(18) Establish, on the regraded areas and all other lands	1171
affected, a diverse, effective, and permanent vegetative cover of	1172
the same seasonal variety native to the area of land to be	1173
affected and capable of self-regeneration and plant succession at	1174
least equal in extent of cover to the natural vegetation of the	1175
area, except that introduced species may be used in the	1176
revegetation process where desirable and necessary to achieve the	1177
approved postmining land use plan;	1178

(19)(a) Assume the responsibility for successful	1179
revegetation, as required by division (A)(18) of this section, for	1180
a period of five full years after the last year of augmented	1181
seeding, fertilizing, irrigation, or other work in order to ensure	1182
compliance with that division, except that when the chief approves	1183
a long-term intensive agricultural postmining land use, the	1184
applicable five-year period of responsibility for revegetation	1185
shall commence at the date of initial planting for that long-term	1186
intensive agricultural postmining land use, and except that when	1187
the chief issues a written finding approving a long-term intensive	1188
agricultural postmining land use as part of the mining and	1189
reclamation plan, the chief may grant an exception to division	1190
(A)(18) of this section;	1191

(b) On lands eligible for remining, assume the responsibility	1192
for successful revegetation, as required by division (A)(18) of	1193
this section, for a period of two full years after the last year	1194
of augmented seeding, fertilizing, irrigation, or other work in	1195
order to ensure compliance with that division.	1196

(20) Protect off-site areas from slides or damage occurring	1197
during the coal mining and reclamation operations and not deposit	1198
spoil material or locate any part of the operations or waste	1199
accumulations outside the permit area;	1200

(21) Place all excess spoil material resulting from coal	1201
mining and reclamation operations in such a manner that all of the	1202
following apply:	1203

(a) Spoil is transported and placed in a controlled manner in	1204
position for concurrent compaction and in such a way as to ensure	1205
mass stability and to prevent mass movement.	1206

(b) The areas of disposal are within the permit areas for	1207
which performance security has been provided. All organic matter	1208
shall be removed immediately prior to spoil placement except in	1209
the zoned concept method.	1210

(c) Appropriate surface and internal drainage systems and	1211
diversion ditches are used so as to prevent spoil erosion and mass	1212
movement.	1213

(d) The disposal area does not contain springs, natural	1214
watercourses, or wet weather seeps unless lateral drains are	1215
constructed from the wet areas to the main underdrains in such a	1216
manner that filtration of the water into the spoil pile will be	1217
prevented unless the zoned concept method is used.	1218

(e) If placed on a slope, the spoil is placed upon the most	1219
moderate slope among those slopes upon which, in the judgment of	1220
the chief, the spoil could be placed in compliance with all the	1221
requirements of this chapter and is placed, where possible, upon,	1222
or above, a natural terrace, bench, or berm if that placement	1223
provides additional stability and prevents mass movement.	1224

(f) Where the toe of the spoil rests on a downslope, a rock	1225
toe buttress of sufficient size to prevent mass movement is	1226
constructed.	1227

(g) The final configuration is compatible with the natural	1228
drainage pattern and surroundings and suitable for intended uses.	1229

(h) Design of the spoil disposal area is certified by a	1230
qualified registered professional engineer in conformance with	1231
professional standards.	1232

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

1233

(22) Meet such other criteria as are necessary to achieve	1234
reclamation in accordance with the purpose of this chapter, taking	1235
into consideration the physical, climatological, and other	1236
characteristics of the site;	1237

(23) To the extent possible, using the best technology	1238
currently available, minimize disturbances and adverse impacts of	1239
the operation on fish, wildlife, and related environmental values,	1240
and achieve enhancement of such resources where practicable;	1241

(24) Provide for an undisturbed natural barrier beginning at	1242
the elevation of the lowest coal seam to be mined and extending	1243
from the outslope for such distance as the chief shall determine	1244
to be retained in place as a barrier to slides and erosion.	1245

(B)(1) The chief may permit mining operations for the	1246
purposes set forth in division (B)(3) of this section.	1247

(2) When an applicant meets the requirements of divisions	1248
(B)(3) and (4) of this section, a permit without regard to the	1249
requirement to restore to approximate original contour known as	1250
mountain top removal set forth in divisions (A)(3) or (C)(2) and	1251
(3) of this section may be granted for the mining of coal where	1252
the mining operation will remove an entire coal seam or seams	1253
running through the upper fraction of a mountain, ridge, or hill,	1254
except as provided in division (B)(4)(a) of this section, by	1255
removing all of the overburden and creating a level plateau or a	1256
gently rolling contour with no highwalls remaining, and capable of	1257
supporting postmining uses in accordance with this division.	1258

(3) In cases where an industrial, commercial, agricultural,	1259
residential, or public facility use, including recreational	1260
facilities, is proposed for the postmining use of the affected	1261
land, the chief may grant a permit for a mining operation of the	1262
nature described in division (B)(2) of this section when all of	1263
the following apply:	1264

(a) After consultation with the appropriate land use planning	1265
agencies, if any, the proposed postmining land use is considered	1266
to constitute an equal or better economic or public use of the	1267
affected land, as compared with premining use.	1268

(b) The applicant presents specific plans for the proposed	1269
postmining land use and appropriate assurances that the use will	1270
be all of the following:	1271

(i) Compatible with adjacent land uses;

1272

(ii) Obtainable according to data regarding expected need and	1273
market;	1274

(iii) Assured of investment in necessary public facilities;

1275

(iv) Supported by commitments from public agencies where	1276
appropriate;	1277

(v) Practicable with respect to private financial capability	1278
for completion of the proposed use;	1279

(vi) Planned pursuant to a schedule attached to the	1280
reclamation plan so as to integrate the mining operation and	1281
reclamation with the postmining land use;	1282

(vii) Designed by a registered engineer in conformity with	1283
professional standards established to ensure the stability,	1284
drainage, and configuration necessary for the intended use of the	1285
site.	1286

(c) The proposed use is consistent with adjacent land uses	1287
and existing state and local land use plans and programs.	1288

(d) The chief provides the governing body of the unit of	1289
general-purpose local government in which the land is located, and	1290
any state or federal agency that the chief, in the chief's	1291
discretion, determines to have an interest in the proposed use, an	1292
opportunity of not more than sixty days to review and comment on	1293
the proposed use.	1294

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

1295

(4) In granting a permit pursuant to this division, the chief	1296
shall require that each of the following is met:	1297

(a) The toe of the lowest coal seam and the overburden	1298
associated with it are retained in place as a barrier to slides	1299
and erosion.	1300

(b) The reclaimed area is stable.

1301

(c) The resulting plateau or rolling contour drains inward	1302
from the outslopes except at specified points.	1303

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

1304

(e) Spoil will be placed on the mountaintop bench as is	1305
necessary to achieve the planned postmining land use, except that	1306
all excess spoil material not retained on the mountaintop bench	1307
shall be placed in accordance with division (A)(21) of this	1308
section.	1309

(f) Stability of the spoil retained on the mountaintop bench	1310
is ensured and the other requirements of this chapter are met.	1311

(5) The chief shall adopt specific rules to govern the	1312
granting of permits in accordance with divisions (B)(1) to (4) of	1313
this section and may impose such additional requirements as the	1314
chief considers necessary.	1315

(6) All permits granted under divisions (B)(1) to (4) of this	1316
section shall be reviewed not more than three years from the date	1317
of issuance of the permit unless the applicant affirmatively	1318
demonstrates that the proposed development is proceeding in	1319
accordance with the terms of the approved schedule and reclamation	1320
plan.	1321

(C) All of the following performance standards apply to	1322
steep-slope coal mining and are in addition to those general	1323
performance standards required by this section, except that this	1324
division does not apply to those situations in which an operator	1325
is mining on flat or gently rolling terrain on which an occasional	1326
steep slope is encountered through which the mining operation is	1327
to proceed, leaving a plain or predominantly flat area, or where	1328
an operator is in compliance with division (B) of this section:	1329

(1) The operator shall ensure that when performing coal	1330
mining on steep slopes, no debris, abandoned or disabled	1331
equipment, spoil material, or waste mineral matter is placed on	1332
the downslope below the bench or mining cut. Spoil material in	1333
excess of that required for the reconstruction of the approximate	1334
original contour under division (A)(3) or (C)(2) of this section	1335
shall be permanently stored pursuant to division (A)(21) of this	1336
section.	1337

(2) The operator shall complete backfilling with spoil	1338
material to cover completely the highwall and return the site to	1339
the approximate original contour, which material will maintain	1340
stability following mining and reclamation.	1341

(3) The operator shall not disturb land above the top of the	1342
highwall unless the chief finds that the disturbance will	1343
facilitate compliance with the environmental protection standards	1344
of this section, except that any such disturbance involving land	1345
above the highwall shall be limited to that amount of land	1346
necessary to facilitate compliance.	1347

(D)(1) The chief may permit variances for the purposes set	1348
forth in division (D)(3) of this section, provided that the	1349
watershed control of the area is improved and that complete	1350
backfilling with spoil material shall be required to cover	1351
completely the highwall, which material will maintain stability	1352
following mining and reclamation.	1353

(2) Where an applicant meets the requirements of divisions	1354
(D)(3) and (4) of this section, a variance from the requirement to	1355
restore to approximate original contour set forth in division	1356
(C)(2) of this section may be granted for the mining of coal when	1357
the owner of the surface knowingly requests in writing, as a part	1358
of the permit application, that such a variance be granted so as	1359
to render the land, after reclamation, suitable for an industrial,	1360
commercial, residential, or public use, including recreational	1361
facilities, in accordance with divisions (D)(3) and (4) of this	1362
section.	1363

(3) A variance pursuant to division (D)(2) of this section	1364
may be granted if:	1365

(a) After consultation with the appropriate land use planning	1366
agencies, if any, the potential use of the affected land is	1367
considered to constitute an equal or better economic or public	1368
use.	1369

(b) The postmining land condition is designed and certified	1370
by a registered professional engineer in conformity with	1371
professional standards established to ensure the stability,	1372
drainage, and configuration necessary for the intended use of the	1373
site.	1374

(c) After approval of the appropriate state environmental	1375
agencies, the watershed of the affected land is considered to be	1376
improved.	1377

(4) In granting a variance pursuant to division (D) of this	1378
section, the chief shall require that only such amount of spoil	1379
will be placed off the mine bench as is necessary to achieve the	1380
planned postmining land use, ensure stability of the spoil	1381
retained on the bench, and meet all other requirements of this	1382
chapter. All spoil placement off the mine bench shall comply with	1383
division (A)(21) of this section.	1384

(5) The chief shall adopt specific rules to govern the	1385
granting of variances under division (D) of this section and may	1386
impose such additional requirements as the chief considers	1387
necessary.	1388

(6) All variances granted under division (D) of this section	1389
shall be reviewed not more than three years from the date of	1390
issuance of the permit unless the permittee affirmatively	1391
demonstrates that the proposed development is proceeding in	1392
accordance with the terms of the reclamation plan.	1393

(E) The chief shall establish standards and criteria	1394
regulating the design, location, construction, operation,	1395
maintenance, enlargement, modification, removal, and abandonment	1396
of new and existing coal mine waste piles referred to in division	1397
(A)(13) of this section and division (A)(5) of section 1513.35 of	1398
the Revised Code. The standards and criteria shall conform to the	1399
standards and criteria used by the chief of the United States army	1400
corps of engineers to ensure that flood control structures are	1401
safe and effectively perform their intended function. In addition	1402
to engineering and other technical specifications, the standards	1403
and criteria developed pursuant to this division shall include	1404
provisions for review and approval of plans and specifications	1405
prior to construction, enlargement, modification, removal, or	1406
abandonment; performance of periodic inspections during	1407
construction; issuance of certificates of approval upon completion	1408
of construction; performance of periodic safety inspections; and	1409
issuance of notices for required remedial or maintenance work.	1410

(F)(1) The permittee may file a request with the chief for	1411
release of a part of a performance security under division (F)(3)	1412
of this section. Within thirty days after any request for	1413
performance security release under this section has been filed	1414
with the chief, the operator shall submit a copy of an	1415
advertisement placed at least once a week for four successive	1416
weeks in a newspaper of general circulation in the locality of the	1417
coal mining operation. The advertisement shall be considered part	1418
of any performance security release application and shall contain	1419
a notification of the precise location of the land affected, the	1420
number of acres, the permit number and the date approved, the	1421
amount of the performance security filed and the portion sought to	1422
be released, the type and appropriate dates of reclamation work	1423
performed, and a description of the results achieved as they	1424
relate to the operator's approved reclamation plan and, if	1425
applicable, the operator's pollution abatement plan. In addition,	1426
as part of any performance security release application, the	1427
applicant shall submit copies of the letters sent to adjoining	1428
property owners, local governmental bodies, planning agencies, and	1429
sewage and water treatment authorities or water companies in the	1430
locality in which the coal mining and reclamation activities took	1431
place, notifying them of the applicant's intention to seek release	1432
from the performance security.	1433

(2) Upon receipt of a copy of the advertisement and request	1434
for release of a performance security under division (F)(3)(c) of	1435
this section, the chief, within thirty days, shall conduct an	1436
inspection and evaluation of the reclamation work involved. The	1437
evaluation shall consider, among other things, the degree of	1438
difficulty to complete any remaining reclamation, whether	1439
pollution of surface and subsurface water is occurring, the	1440
probability of continuation or future occurrence of the pollution,	1441
and the estimated cost of abating the pollution. The chief shall	1442
notify the permittee in writing of the decision to release or not	1443
to release all or part of the performance security within sixty	1444
days after the filing of the request if no public hearing is held	1445
pursuant to division (F)(6) of this section or, if there has been	1446
a public hearing held pursuant to division (F)(6) of this section,	1447
within thirty days thereafter.	1448

(3) The chief may release the performance security if the	1449
reclamation covered by the performance security or portion thereof	1450
has been accomplished as required by this chapter and rules	1451
adopted under it according to the following schedule:	1452

(a) When the operator completes the backfilling, regrading,	1453
and drainage control of an area for which performance security has	1454
been provided in accordance with the approved reclamation plan,	1455
and, if the area covered by the performance security is one for	1456
which an authorization was made under division (E)(7) of section	1457
1513.07 of the Revised Code, the operator has complied with the	1458
approved pollution abatement plan and all additional requirements	1459
established by the chief in rules adopted under section 1513.02 of	1460
the Revised Code governing coal mining and reclamation operations	1461
on pollution abatement areas, the chief shall grant a release of	1462
fifty per cent of the performance security for the applicable	1463
permit area.	1464

(b) After resoiling and revegetation have been established on	1465
the regraded mined lands in accordance with the approved	1466
reclamation plan, the chief shall grant a release in an amount not	1467
exceeding thirty-five per cent of the original performance	1468
security for all or part of the affected area under the permit.	1469
When determining the amount of performance security to be released	1470
after successful revegetation has been established, the chief	1471
shall retain that amount of performance security for the	1472
revegetated area that would be sufficient for a third party to	1473
cover the cost of reestablishing revegetation for the period	1474
specified for operator responsibility in this section for	1475
reestablishing revegetation. No part of the performance security	1476
shall be released under this division so long as the lands to	1477
which the release would be applicable are contributing suspended	1478
solids to streamflow or runoff outside the permit area in excess	1479
of the requirements of this section or until soil productivity for	1480
prime farmlands has returned to equivalent levels of yield as	1481
nonmined land of the same soil type in the surrounding area under	1482
equivalent management practices as determined from the soil survey	1483
performed pursuant to section 1513.07 of the Revised Code. If the	1484
area covered by the performance security is one for which an	1485
authorization was made under division (E)(7) of section 1513.07 of	1486
the Revised Code, no part of the performance security shall be	1487
released under this division until the operator has complied with	1488
the approved pollution abatement plan and all additional	1489
requirements established by the chief in rules adopted under	1490
section 1513.02 of the Revised Code governing coal mining and	1491
reclamation operations on pollution abatement areas. Where a silt	1492
dam is to be retained as a permanent impoundment pursuant to	1493
division (A)(10) of this section, the portion of performance	1494
security may be released under this division so long as provisions	1495
for sound future maintenance by the operator or the landowner have	1496
been made with the chief.	1497

(c) When the operator has completed successfully all coal	1498
mining and reclamation activities, including, if applicable, all	1499
additional requirements established in the pollution abatement	1500
plan approved under division (E)(7) of section 1513.07 of the	1501
Revised Code and all additional requirements established by the	1502
chief in rules adopted under section 1513.02 of the Revised Code	1503
governing coal mining and reclamation operations on pollution	1504
abatement areas, the chief shall release all or any of the	1505
remaining portion of the performance security for all or part of	1506
the affected area under a permit, but not before the expiration of	1507
the period specified for operator responsibility in this section,	1508
except that the chief may adopt rules for a variance to the	1509
operator period of responsibility considering vegetation success	1510
and probability of continued growth and consent of the landowner,	1511
provided that no performance security shall be fully released	1512
until all reclamation requirements of this chapter are fully met.	1513

(4) If the chief disapproves the application for release of	1514
the performance security or portion thereof, the chief shall	1515
notify the permittee, in writing, stating the reasons for	1516
disapproval and recommending corrective actions necessary to	1517
secure the release, and allowing the opportunity for a public	1518
adjudicatory hearing.	1519

(5) When any application for total or partial performance	1520
security release is filed with the chief under this section, the	1521
chief shall notify the municipal corporation in which the coal	1522
mining operation is located by certified mail at least thirty days	1523
prior to the release of all or a portion of the performance	1524
security.	1525

(6) A person with a valid legal interest that might be	1526
adversely affected by release of a performance security under this	1527
section or the responsible officer or head of any federal, state,	1528
or local government agency that has jurisdiction by law or special	1529
expertise with respect to any environmental, social, or economic	1530
impact involved in the operation or is authorized to develop and	1531
enforce environmental standards with respect to such operations	1532
may file written objections to the proposed release from the	1533
performance security with the chief within thirty days after the	1534
last publication of the notice required by division (F)(1) of this	1535
section. If written objections are filed and an informal	1536
conference is requested, the chief shall inform all interested	1537
parties of the time and place of the conference. The date, time,	1538
and location of the informal conference shall be advertised by the	1539
chief in a newspaper of general circulation in the locality of the	1540
coal mining operation proposed for performance security release	1541
for at least once a week for two consecutive weeks. The informal	1542
conference shall be held in the locality of the coal mining	1543
operation proposed for performance security release or in Franklin	1544
county, at the option of the objector, within thirty days after	1545
the request for the conference. An electronic or stenographic	1546
record shall be made of the conference proceeding unless waived by	1547
all parties. The record shall be maintained and shall be	1548
accessible to the parties until final release of the performance	1549
security at issue. In the event all parties requesting the	1550
informal conference stipulate agreement prior to the requested	1551
informal conference and withdraw their request, the informal	1552
conference need not be held.	1553

(7) If an informal conference has been held pursuant to	1554
division (F)(6) of this section, the chief shall issue and furnish	1555
the applicant and persons who participated in the conference with	1556
the written decision regarding the release within sixty days after	1557
the conference. Within thirty days after notification of the final	1558
decision of the chief regarding the performance security release,	1559
the applicant or any person with an interest that is or may be	1560
adversely affected by the decision may appeal the decision to the	1561
reclamation commission pursuant to section 1513.13 of the Revised	1562
Code.	1563

(8)(a) Except as provided in division (F)(8)(c) of this	1564
section, ifIf the chief determines that a permittee is	1565
responsible for mine drainage that requires water treatment after	1566
reclamation is completed under the terms of the permit or that a	1567
permittee must provide an alternative water supply after	1568
reclamation is completed under the terms of the permit, the	1569
permittee shall provide alternative financial security in an	1570
amount determined by the chief prior to the release of the	1571
remaining portion of performance security under division (F)(3)(c)	1572
of this section. The alternative financial security shall be in an	1573
amount that is equal to or greater than the present value of the	1574
estimated cost over time to develop and implement mine drainage	1575
plans and provide water treatment or in an amount that is	1576
necessary to provide and maintain an alternative water supply, as	1577
applicable. The alternative financial security shall include a	1578
contract, trust, or other agreement or mechanism that is	1579
enforceable under law to provide long-term water treatment or a	1580
long-term alternative water supply, or both. The contract, trust,	1581
or other agreement or mechanism included with the alternative	1582
financial security may provide for the funding of the alternative	1583
financial security incrementally over a period of time, not to	1584
exceed five years, with reliance on guarantees or other collateral	1585
provided by the permittee and approved by the chief for the	1586
balance of the alternative financial security required until the	1587
alternative financial security has been fully funded by the	1588
permittee.	1589

(b) The chief shall adopt rules in accordance with Chapter	1590
119. of the Revised Code that are necessary for the administration	1591
of division (F)(8)(a) of this section.	1592

(c) Division (F)(8)(a) of this section does not apply while	1593
the chief's determination of a permittee's responsibility under	1594
that division is the subject of a good faith administrative or	1595
judicial appeal contesting the validity of the determination. If	1596
after completion of the appeal there is an enforceable	1597
administrative or judicial decision affirming or modifying the	1598
chief's determination, the permittee shall provide the alternative	1599
financial security in an amount established in the administrative	1600
or judicial decisionIf the chief determines that a permittee must	1601
provide alternative financial security under division (F)(8)(a) of	1602
this section and the performance security for the permit was	1603
provided under division (C)(2) of section 1513.08 of the Revised	1604
Code, the permittee may fund the alternative financial security	1605
incrementally over a period of time, not to exceed five years,	1606
with reliance on the reclamation forfeiture fund created in	1607
section 1513.18 of the Revised Code for the balance of the	1608
alternative financial security required until the alternative	1609
financial security has been fully funded by the permittee. The	1610
permittee semiannually shall pay to the division of mineral	1611
resources management a fee that is equal to seven and one-half per	1612
cent of the average balance of the alternative financial security	1613
that is being provided by reliance on the reclamation forfeiture	1614
fund over the previous six months. All money received from the fee	1615
shall be credited to the reclamation forfeiture fund.	1616

(9) Final release of the performance security in accordance	1617
with division (F)(3)(c) of this section terminates the	1618
jurisdiction of the chief under this chapter over the reclaimed	1619
site of a surface coal mining and reclamation operation or	1620
applicable portion of an operation. However, the chief shall	1621
reassert jurisdiction over such a site if the release was based on	1622
fraud, collusion, or misrepresentation of a material fact and the	1623
chief, in writing, demonstrates evidence of the fraud, collusion,	1624
or misrepresentation. Any person with an interest that is or may	1625
be adversely affected by the chief's determination may appeal the	1626
determination to the reclamation commission in accordance with	1627
section 1513.13 of the Revised Code.	1628

(G) The chief shall adopt rules governing the criteria for	1629
forfeiture of performance security, the method of determining the	1630
forfeited amount, and the procedures to be followed in the event	1631
of forfeiture. Cash received as the result of such forfeiture is	1632
the property of the state.	1633

Sec. 1513.18.  (A) All money that becomes the property of the	1634
state under division (G) of section 1513.16 of the Revised Code	1635
shall be deposited in the reclamation forfeiture fund, which is	1636
hereby created in the state treasury. Disbursements from the fund	1637
shall be made by the chief of the division of mineral resources	1638
management for the purpose of reclaiming areas of land affected by	1639
coal mining under a coal mining and reclamation permit issued on	1640
or after September 1, 1981, on which an operator has defaulted.	1641

(B) The fund also shall consist of all money from the	1642
collection of liens under section 1513.081 of the Revised Code,	1643
any moneys transferred to it under section 1513.181 of the Revised	1644
Code from the coal mining and reclamation reserve fund created in	1645
that section, all money credited to the fund from the fee levied	1646
by division (F)(8)(c) of section 1513.16 of the Revised Code,	1647
fines collected under division (E) of section 1513.02 and section	1648
1513.99 of the Revised Code, fines collected for a violation of	1649
section 2921.31 of the Revised Code that, prior to July 1, 1996,	1650
would have been a violation of division (G) of section 1513.17 of	1651
the Revised Code as it existed prior to that date, and moneys	1652
collected and credited to it pursuant to section 5749.02 of the	1653
Revised Code. Disbursements from the fund shall be made by the	1654
chief in accordance with division (D) of this section for the	1655
purpose of reclaiming areas that an operator has affected by	1656
mining and failed to reclaim under a coal mining and reclamation	1657
permit issued under this chapter.	1658

The chief may expend moneys from the fund to pay necessary	1659
administrative costs, including engineering and design services,	1660
incurred by the division of mineral resources management in	1661
reclaiming these areas. The chief also may expend moneys from the	1662
fund to pay necessary administrative costs of the reclamation	1663
forfeiture fund advisory board created in section 1513.182 of the	1664
Revised Code as authorized by the board under that section.	1665
Expenditures from the fund to pay such administrative costs need	1666
not be made under contract.	1667

(C) Except when paying necessary administrative costs	1668
authorized by division (B) of this section, expenditures from the	1669
fund shall be made under contracts entered into by the chief, with	1670
the approval of the director of natural resources, in accordance	1671
with procedures established by the chief, by rules adopted in	1672
accordance with section 1513.02 of the Revised Code. The chief may	1673
reclaim the land in the same manner as set forth in sections	1674
1513.21 to 1513.24 of the Revised Code. Each contract awarded by	1675
the chief shall be awarded to the lowest responsive and	1676
responsible bidder, in accordance with section 9.312 of the	1677
Revised Code, after sealed bids are received, opened, and	1678
published at the time and place fixed by the chief. The chief	1679
shall publish notice of the time and place at which bids will be	1680
received, opened, and published, at least once and at least ten	1681
days before the date of the opening of the bids, in a newspaper of	1682
general circulation in the county in which the area of land to be	1683
reclaimed under the contract is located. If, after advertising, no	1684
bids are received at the time and place fixed for receiving them,	1685
the chief may advertise again for bids, or, if the chief considers	1686
the public interest will best be served, the chief may enter into	1687
a contract for the reclamation of the area of land without further	1688
advertisement for bids. The chief may reject any or all bids	1689
received and again publish notice of the time and place at which	1690
bids for contracts will be received, opened, and published. The	1691
chief, with the approval of the director, may enter into a	1692
contract with the landowner, a coal mine operator or surface mine	1693
operator mining under a current, valid permit issued under this	1694
chapter or Chapter 1514. of the Revised Code, or a contractor	1695
hired by the surety or trustee, if the performance security is	1696
held in trust, to complete reclamation to carry out reclamation on	1697
land affected by coal mining on which an operator has defaulted,	1698
or with a contractor hired by the trust administrator of an	1699
alternative financial security that is provided in accordance with	1700
division (F)(8) of section 1513.16 of the Revised Code to provide	1701
long-term water treatment or a long-term alternative water supply	1702
on areas affected by coal mining on which a permittee has	1703
defaulted or not fully funded an alternative financial security,	1704
without advertising for bids.	1705

(D)(1) The chief shall expend money credited to the	1706
reclamation forfeiture fund from the forfeiture of the performance	1707
security applicable to an area of land to pay for the cost of the	1708
completing reclamation of the landto the standards established by	1709
this chapter and rules adopted under it.	1710

(2) If the performance security for the area of land was	1711
provided under division (C)(1) of section 1513.08 of the Revised	1712
Code, the chief shall use the money from the forfeited performance	1713
security and any alternative financial security provided under	1714
division (F)(8) of section 1513.16 of the Revised Code to complete	1715
the reclamation that the operator failed to do under the	1716
operator's applicable coal mining and reclamation permit issued	1717
under this chapter.	1718

(3) If the performance security for the area of land was	1719
provided under division (C)(2) of section 1513.08 of the Revised	1720
Code, the chief shall use the money from the forfeited performance	1721
security and any alternative financial security provided under	1722
division (F)(8) of section 1513.16 of the Revised Code to complete	1723
the reclamation that the operator failed to do under the	1724
operator's applicable coal mining and reclamation permit issued	1725
under this chapter. If the money credited to the reclamation	1726
forfeiture fund from the forfeiture of the performance security	1727
provided under division (C)(2) of section 1513.08 of the Revised	1728
Code and any alternative financial security provided under	1729
division (F)(8) of section 1513.16 of the Revised Code is not	1730
sufficient to complete the reclamation to the standards	1731
established by this chapter and rules adopted under it, the chief	1732
shall notify the reclamation forfeiture fund advisory board of the	1733
amount of the insufficiency. The chief may expend money credited	1734
to the reclamation forfeiture fund under section 5749.02 of the	1735
Revised Code, credited to the reclamation forfeiture fund from the	1736
fee levied by division (F)(8)(c) of section 1513.16 of the Revised	1737
Code, or transferred to the fund under section 1513.181 of the	1738
Revised Code to complete the reclamation to the standards	1739
established by this chapter and rules adopted under it. TheExcept	1740
as provided in division (D)(5) of this section, the chief shall	1741
not expend money from the fund in an amount that exceeds the	1742
difference between the amount of the performance security provided	1743
under division (C)(2) of section 1513.08 of the Revised Code and	1744
the estimated cost of reclamation as determined by the chief under	1745
divisions (B) and (E) of that section.	1746

(4) MoneyExcept as provided in division (D)(5) of this	1747
section, money from the reclamation forfeiture fund shall not be	1748
used for reclamation of land or water resources affected by mine	1749
drainage that requires extended water treatment after reclamation	1750
is completed under the terms of the permit. In addition, money	1751
from the reclamation forfeiture fund shall not be used to	1752
supplement the performance security of an applicant or permittee	1753
that has provided performance security in accordance with division	1754
(C)(1) of section 1513.08 of the Revised Code.	1755

(5) If a permittee relies in part on the reclamation	1756
forfeiture fund for alternative financial security under division	1757
(F)(8)(c) of section 1513.16 of the Revised Code, money from the	1758
reclamation forfeiture fund may be used for reclamation of the	1759
land or water resources affected by mine drainage that requires	1760
water treatment after reclamation is completed under the terms of	1761
the permit or an alternative water supply after reclamation is	1762
completed under the terms of the permit in an amount not to exceed	1763
the balance of the alternative financial security provided by the	1764
reclamation forfeiture fund under that division.	1765

(E) The chief shall keep a detailed accounting of the	1766
expenditures from the reclamation forfeiture fund to complete	1767
reclamation of the land or water resources, as applicable, and,	1768
upon completion of the reclamation, shall certify the expenditures	1769
to the attorney general. Upon the chief's certification of the	1770
expenditures from the reclamation forfeiture fund, the attorney	1771
general shall bring an action for that amount of money. The	1772
operator is liable for that expense in addition to any other	1773
liabilities imposed by law. Moneys so recovered shall be credited	1774
to the reclamation forfeiture fund. The chief shall not postpone	1775
the reclamation because of any action brought by the attorney	1776
general under this division. Prior to completing reclamation, the	1777
chief may collect through the attorney general any additional	1778
amount that the chief believes will be necessary for reclamation	1779
in excess of the forfeited performance security and any	1780
alternative financial security amount applicable to the land or	1781
water resources that the operator should have, but failed to,	1782
reclaim.	1783

(F) Except as otherwise provided in division (H) of this	1784
section, if any part of the moneys in the reclamation forfeiture	1785
fund remains in the fund after the chief has caused the area of	1786
land to be reclaimed and has paid all the reclamation costs and	1787
expenses, the chief may expend those moneys to complete other	1788
reclamation work performed under this section on forfeiture areas	1789
affected under a coal mining and reclamation permit issued on or	1790
after September 1, 1981.	1791

(G) The chief shall require every contractor performing	1792
reclamation work pursuant to this section to pay workers at the	1793
greater of their regular rate of pay, as established by contract,	1794
agreement, or prior custom or practice, or the average wage rate	1795
paid in this state for the same or similar work as determined by	1796
the chief under section 1513.02 of the Revised Code.	1797

(H) All investment earnings of the fund shall be credited to	1798
the fund and shall be used only for the reclamation of land for	1799
which performance security was provided under division (C)(2) of	1800
section 1513.08 of the Revised Code.	1801

Sec. 1513.371. There is hereby created in the state treasury	1802
the mined land set aside fund consisting of grants made by the	1803
United States secretary of the interior from the federal abandoned	1804
mine reclamation fund pursuant to section 402 of the "Surface	1805
Mining Control and Reclamation Act of 1977," 91 Stat. 445, 30	1806
U.S.C. 1232. The chief of the division of mineral resources	1807
management shall administer the fund. Money in the fund shall be	1808
used solely for the purposes specified in divisions (B)(1) to	1809
(4)(3), (5), and (6) of section 1513.37 of the Revised Code. All	1810
investment earnings of the fund shall be credited to the fund.	1811

Section 2.  That existing sections 1513.07, 1513.073,	1812
1513.075, 1513.081, 1513.16, 1513.18, and 1513.371 of the Revised	1813
Code are hereby repealed.	1814