The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 83As Introduced
As Introduced
124th General Assembly | Regular Session | 2001-2002 |
| |
SENATOR Carnes
A BILL
To amend sections 1514.01, 1514.02, 1514.021, 1514.03
to
1514.11, and 1514.99 and to
enact sections
1514.022,
1514.023, 1514.024,
1514.071, 1514.072,
1514.12, and 1514.13 of the
Revised Code to revise
the
statutes governing the
surface and in-stream
mining of
minerals other
than coal.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1514.01, 1514.02, 1514.021,
1514.03,
1514.04, 1514.05, 1514.06, 1514.07, 1514.08, 1514.09,
1514.10,
1514.11, and 1514.99
be
amended and sections 1514.022,
1514.023,
1514.024, 1514.071, 1514.072,
1514.12, and
1514.13 of
the Revised
Code be enacted to
read as follows:
Sec. 1514.01.
(A)
As used in this chapter: (A) "Surface mining" means all or any part
of a process
followed in the production of minerals from the
earth or from the
surface of the land by surface excavation
methods, such as open
pit mining, dredging, placering, or
quarrying, and includes the
removal of overburden for the purpose
of determining the location,
quantity, or quality of mineral
deposits, and the incidental
removal of coal at a rate less than
one-sixth the total weight of
minerals and coal removed during
the year, but does not include:
test or exploration boring;
mining operations carried out beneath
the surface by means of
shafts, tunnels, or similar mine openings;
the extraction of
minerals, other than coal, by a landowner for
his
the
landowner's own
noncommercial use where such material is
extracted and used in an
unprocessed form on the same tract of
land; the extraction of
minerals, other than coal, from borrow
pits for highway
construction purposes, provided that the
extraction is performed
under a bond, a contract, and
specifications that substantially
provide for and require
reclamation practices consistent with the
requirements of this
chapter; the removal of minerals incidental
to construction work,
provided that the owner or person having
control of the land upon
which the construction occurs, the
contractor, or the construction
firm possesses a valid building
permit;
or the removal of minerals
to a depth of not more than
five feet, measured from the highest
original surface elevation
of the area to be excavated, where not
more than one acre of land
is excavated during twelve successive
calendar months; or routine dredging of
a
watercourse for purely
navigational purposes during which
materials are removed for
noncommercial
purposes. (B) "Minerals" means sand, gravel, clay, shale, gypsum,
halite, limestone, dolomite, sandstone, other stone,
metalliferous
or nonmetalliferous ore, or other material or
substance of
commercial value excavated in a solid state from
natural deposits
on or in the earth, but does not include coal or
peat. (C) "Overburden" means all of the earth and other
materials
that cover a natural deposit of minerals and also
means such earth
and other materials after removal from their
natural state in the
process of surface mining. (D) "Spoil bank" means a pile of removed overburden. (E) "Area of land affected" means the area of land that
has
been excavated, or upon which a spoil bank exists, or both. (F)(1) "Operation" or "surface mining operation" means all
of
the premises, facilities, and equipment used in the process of
removing minerals, or minerals and incidental coal, by surface
mining from a mining area in the creation of which mining area
overburden or minerals, or minerals and incidental coal, are
disturbed or removed, such surface mining area being located upon
a single tract of land or upon two or more contiguous tracts of
land. Separation by a stream or roadway shall not preclude the
tracts from being considered contiguous.
(2) When the context indicates, "operation" or "in-stream
mining
operation" means all of the premises, facilities, and
equipment
used in the
process of removing
minerals by in-stream
mining from
a mining area. (G) "Operator" means any person engaged in surface mining
who removes minerals, or minerals and incidental coal, from the
earth by surface mining or who removes overburden for the purpose
of determining the location, quality, or quantity of a mineral
deposit.
"Operator" also means
any
person engaged in in-stream
mining who removes minerals from
the bottom of the
channel of a
watercourse by in-stream mining. (H) "Performance bond" means the surety bond required to be
filed under
section 1514.04 of the Revised Code and includes cash,
an irrevocable letter
of credit, and negotiable certificates of
deposit authorized to be deposited
in lieu of the surety bond
under that section. (I)
"Dewatering" means the withdrawal of ground water from
an
aquifer or saturated zone that may result in the lowering of
the
water level
within the aquifer or
saturated zone or a decline
of
the potentiometric surface within
that aquifer or saturated
zone. (J) "Ground water" means all water occurring in an aquifer. (K) "Cone of depression" means a depression or low point in
the
water table or potentiometric surface of a body of ground
water that
develops around
a location from which ground water is
being withdrawn. (L) "High water mark" means the line on the shore that is
established by the fluctuations of water and indicated by physical
characteristics such as a natural line impressed on the bank;
shelving;
changes in the character of soil; destruction of
terrestrial vegetation; the
presence of litter and debris; or
other appropriate means that consider the
characteristics of the
surrounding area. (M) "In-stream mining" means all or any part of a process
followed in the production of minerals from the bottom of the
channel of a
watercourse that drains a
surface area of more than
one hundred square miles. "In-stream
mining" may be accomplished
by using any technique or by using
surface excavation methods,
such as open pit mining, dredging,
placering, or quarrying, and
includes the removal of overburden
for the purpose of determining
the location, quantity, or quality
of mineral deposits.
"In-stream
mining" does not include either
of the following: (1) Routine dredging for purely navigational purposes during
which materials are removed for noncommercial purposes; (2) The extraction of minerals, other than coal, by a
landowner
for the landowner's own noncommercial use when the
material is
extracted and used in an unprocessed form on the same
tract of
land. For purposes of division (M) of this section, the number of
square
miles of surface area that a watercourse drains shall be
determined by
consulting the "gazetteer of Ohio streams," which is
a
portion of the Ohio water plan inventory published in 1960 by
the
division of water in the department of natural resources, or
its
successor, if any. (N) In provisions concerning in-stream mining, when the
context
is appropriate, "land" is deemed to include an area of a
watercourse. (O) "Watercourse" means any naturally occurring perennial or
intermittent stream, river, or creek flowing within a defined
stream bed and banks.
Sec. 1514.02. (A) After the dates the chief of the division
of mineral resources management
prescribes by
rule pursuant to
section 1514.08 of the Revised Code, but not
later than July 1,
1977, nor earlier than July 1, 1975, no
operator shall engage in
surface mining or conduct a surface
mining operation without a
surface mining permit issued by the chief.
No person shall
engage in in-stream mining or conduct an
in-stream mining operation
without an in-stream mining permit
issued by the chief. However, a person
who,
on the effective date
of this amendment, holds a valid permit to
conduct in-stream
mining that is issued under section 10 of the
"Rivers and
Harbors
Appropriation
Act of 1899," 30
Stat. 1151, 33
U.S.C. 403, as
amended,
shall not be required to obtain an in-stream mining
permit from the chief
under this section until the existing permit
expires. An application for a
surface or in-stream mining permit shall
be upon the form that the
chief prescribes and provides and shall
contain all of the
following: (1) The name and address of the applicant, of all partners
if the applicant is a partnership, or of all officers and
directors if the applicant is a corporation, and any other person
who has a right to control or in fact controls the management of
the applicant or the selection of officers, directors, or
managers
of the applicant; (2) A list of the minerals and coal, if any coal, sought
to
be extracted, an estimate of the annual production rates for
each
mineral and coal, and a description of the land upon which
the
applicant proposes to engage in a surface
or in-stream mining
operation,
which
description shall set forth the
name
names of the
counties,
townships, and municipal corporations, if any, in which
the land
is located; the location of its boundaries; and a
description of
the land of sufficient certainty that it may be
located and
distinguished from other lands; (3)
The name of each county,
township, or municipal
corporation, if any, that has in effect a
zoning resolution or
ordinance that would affect the proposed
surface or in-stream
mining operation or, if no such zoning resolution or
ordinance is
in effect, a statement attesting to that fact. The application
also shall
contain an explanation of how the applicant intends to
comply with
any
applicable
provisions of a zoning resolution or
ordinance. (4) An estimate of the number of acres of land that will
comprise the total area of land to be affected and an estimate of
the number of acres of land to be affected during the first year
of operation under the permit;
(4)(5) The name and address of the owner of surface rights
in
the land upon which the applicant proposes to engage in surface
or in-stream mining;
(5)(6) A copy of the deed, lease, or other instrument that
authorizes entry upon the land by the applicant or the
applicant's
agents
if surface rights in the land are not owned by the
applicant;
(6)(7) A statement of whether any surface
or in-stream
mining permits or
coal mining and reclamation permits are now held
by the applicant
in this state and, if so, the numbers of the
permits;
(7)(8) A statement of whether the applicant, any partner if
the
applicant is a partnership, any officer or director if the
applicant is a corporation, or any other person who has a right
to
control or in fact controls the management of the applicant or
the
selection of officers, directors, or managers of the
applicant has
ever had a surface
or in-stream mining permit or coal mining and
reclamation
permit issued by this or any other state suspended or
revoked or
has ever forfeited a surface
or in-stream mining or
coal mining and
reclamation
bond or cash, an irrevocable letter of
credit, or a security
deposited in lieu of a bond;
(8)(9) A report of the results of test borings that the
operator has conducted on the area or otherwise has readily
available, including, to the extent that the information is
readily available to the operator, the nature and depth of
overburden and material underlying each mineral or coal deposit,
and the thickness and extent of each mineral or coal deposit.
In
the case of an
application for an in-stream mining permit, the
report
additionally
shall include sufficient information to show
the
approximate depth to
bedrock. All
information relating to
test boring results submitted to the
chief
pursuant to this
section shall be kept confidential and not
made a
matter of public
record, except that the information
may be
disclosed by the chief
in any legal action in which the
truthfulness of the information
is material.
(9)(10) A complete plan for
surface or in-stream mining and
reclamation of the area
to be affected, which shall include a
statement of the intended
future uses of the area and show the
approximate sequence in
which
mining and reclamation measures are
to occur, the
approximate
intervals following mining during which
the
reclamation of all
various parts of the area affected will be
completed, and the
measures the operator will perform to prevent
damage to adjoining
property and to achieve all of the following
general performance
standards for mining and reclamation:
(a) Prepare the site adequately for its intended future
uses
upon completion of mining; (b)
Where a plan of zoning or other comprehensive plan has
been adopted that governs land uses or the construction of
public
improvements and utilities for an area that includes the
area
sought to be mined, ensure that future land uses within the
site
will not conflict with the plan; (c) Grade, contour, or terrace final slopes, wherever
needed, sufficient to achieve soil stability and control
landslides, erosion, and sedimentation. Highwalls will be
permitted if they are compatible with the future uses specified
in
the plan and measures will be taken to ensure public safety.
Where ponds, impoundments, or other resulting bodies of water are
intended for recreational use, establish banks and slopes that
will ensure safe access to those bodies of water. Where such
bodies of water are not intended for recreation, include measures
to ensure public safety, but access need not be provided.
(d)(c) Resoil the area of land affected, wherever needed,
with topsoil or suitable subsoil, fertilizer, lime, or soil
amendments, as appropriate, in sufficient quantity and depth to
raise and maintain a diverse growth of vegetation adequate to
bind
the soil and control soil erosion and sedimentation;
(e)(d) Establish a diverse vegetative cover of grass and
legumes or trees, grasses, and legumes capable of
self-regeneration and plant succession wherever required by the
plan;
(f)(e) Remove or bury any metal, lumber, equipment, or other
refuse resulting from mining, and remove or bury any unwanted or
useless structures;
(g)(f) Reestablish boundary, section corner, government, and
other survey monuments that were removed by the operator;
(h)(g) During mining and reclamation, ensure that
contamination, resulting from mining, of underground water
supplies is prevented. Upon completion of reclamation, ensure
that any
watercourse, lake, or pond located within the site
boundaries is free
of substances resulting from mining in amounts
or concentrations
that are harmful to persons, fish, waterfowl, or
other beneficial
species of aquatic life.
(i)(h) During mining and reclamation, control drainage so as
to prevent the causing of flooding, landslides, and flood hazards
to adjoining lands resulting from the mining operation. Leave
any
ponds in such condition as to avoid their constituting a
hazard to
adjoining lands.
(i)
During mining and reclamation, ensure that the effect of
any
reduction of the quantity of ground water is minimized; (j) Ensure that mining and reclamation are carried out in
the sequence and manner set forth in the plan and that
reclamation
measures are performed in a timely manner. All
reclamation of an
area of land affected shall be completed no
later than three years
following the mining of the area unless
the operator makes a
showing satisfactory to the chief that the
future use of the area
requires a longer period for completing
reclamation. (k) During mining, store topsoil or fill in quantities
sufficient to complete the backfilling, grading, contouring,
terracing, and resoiling that
is
are specified in the plan.
Stabilize the slopes of and plant each spoil bank to control soil
erosion and sedimentation wherever substantial damage to
adjoining
property might occur. (l) During mining, promptly remove, store, or cover any
coal, pyritic shale, or other acid producing materials in a
manner
that will minimize acid drainage and the accumulation of
acid
water; (m) During mining, detonate explosives in a manner that
will
prevent damage to adjoining property; (n) In the case of in-stream mining, do all of the
following: (i) Limit access to the channel of a watercourse to a single
point
of entry on one bank of the watercourse; (ii) Maintain riparian vegetation to the fullest extent
possible; (iii) Upon cessation of in-stream mining, stabilize and
reclaim
to the pre-mined condition the banks of a watercourse
affected by
in-stream mining. (10)(11) For any applicant, except an applicant for an
in-stream mining permit, who intends to extract less than
ten
thousand tons of minerals per year and no incidental coal, a
current tax map, in triplicate and notarized, and the appropriate
United States geological survey seven and one-half minute
topographic map. Each copy shall bear the applicant's name and
shall identify the area of land to be affected corresponding to
the application.
(11)(12) For any applicant
for a surface mining permit who
intends to extract ten thousand
tons of minerals or more per year
or who intends to extract any
incidental coal irrespective of the
tonnage of minerals intended
to be mined, a map, in triplicate, on
a scale of not more than
four hundred feet to the inch, or three
copies of an enlarged
United States geological survey topographic
map on a scale of not
more than four hundred feet to the inch.
Each application for an
in-stream mining permit shall include such
a map regardless of the
tons of
minerals that the applicant
intends to extract.
The map shall comply with all of the following: (a) Be prepared and certified by a professional
engineer or
surveyor registered under Chapter 4733. of the Revised Code; (b) Identify the area of land to be affected corresponding
to the application; (c) Show the probable limits of subjacent and adjacent
deep,
strip,
or surface, or in-stream mining operations, whether active,
inactive, or
mined out; (d) Show the boundaries of the area of land to be affected
during the period of the permit and the area of land estimated to
be affected during the first year of operation, and name the
surface
and mineral owners of record of the area and the owners of
record of adjoining surface properties; (e) Show the names and locations of all streams, creeks,
or
other bodies of water, roads, railroads, utility lines,
buildings,
cemeteries, and oil and gas wells on the area of land
to be
affected and within five hundred feet of the perimeter of
the
area; (f) Show the counties, municipal corporations, townships,
and sections in which the area of land to be affected is located; (g) Show the drainage plan on, above, below, and away from
the area of land to be affected, indicating the directional flow
of water, constructed drainways, natural waterways used for
drainage, and the streams or tributaries receiving or to receive
this discharge; (h) Show the location of available test boring holes that
the operator has conducted on the area of land to be affected or
otherwise has readily available; (i) Show the date on which the map was prepared, the north
direction and the quadrangle sketch, and the exact location of
the
operation; (j) Show the type, kind, location, and references of all
existing boundary, section corner, government, and other survey
monuments within the area to be affected and within five hundred
feet of the perimeter of the area. The certification of the maps shall read: "I, the
undersigned, hereby certify that this map is correct, and shows
to
the best of my knowledge and belief all of the information
required by the surface
or in-stream mining laws, as applicable,
of the state." The
certification shall be signed and attested
before a notary
public.
The chief may reject any map as incomplete
if its
accuracy is not
so certified and attested. (12)(13) A certificate of public liability insurance issued
by
an insurance company authorized to do business in this state or
obtained pursuant to sections 3905.30 to 3905.35 of the Revised
Code covering all surface
or in-stream mining operations of the
applicant in
this state and affording bodily injury and property
damage
protection in amounts not less than the following:
(a) One hundred thousand dollars for all damages because
of
bodily injury sustained by one person as the result of any one
occurrence, and three hundred thousand dollars for all damages
because of bodily injury sustained by two or more persons as the
result of any one occurrence; (b) One hundred thousand dollars for all claims arising
out
of damage to property as the result of any one occurrence,
with an
aggregate limit of three hundred thousand dollars for all
property
damage to which the policy applies. (14) A sworn statement by the applicant that, during the
term of
any permit issued under this chapter or of any renewal of
such a permit, the
applicant will comply with
all applicable
zoning
resolutions or ordinances that are in effect at the time
the application is filed unless the resolutions or ordinances
subsequently become invalid during the term of the permit or
renewal; (15)
A copy of the advertisement that the applicant is
required
to have published in accordance with section 1514.022 of
the Revised Code, if applicable; (14)(16)
For any applicant whose operation may result in
dewatering, a
compilation of data in a form that is prescribed by
the chief and that is
suitable to conduct ground water modeling in
order to establish a projected
cone of depression for purposes of
section 1514.13 of the Revised Code. The chief shall
adopt rules
as provided in section 1514.08 of the Revised Code establishing
the minimum
requirements and
standards governing the data required
under this division.
(17) A statement by the applicant certifying that the
applicant has
communicated with the county engineer of the county
in which the proposed
surface or in-stream mining operation will
be located
regarding any streets and roads under
the county
engineer's
jurisdiction that will be used by vehicles entering and
leaving
the proposed surface or in-stream mining operation; (18) In the case of an application for an in-stream mining
permit, a hydraulic evaluation of the watercourse prepared by a
professional
engineer registered under
Chapter 4733. of the
Revised Code. The hydraulic
evaluation
shall include, without
limitation, all of the
following: (a)
Soundings that depict the cross-sectional views of the
channel bottom of the watercourse and water elevations for the
watercourse; (b) A profile of the channel bottom; (c)
An analysis of design flows and water surface profiles
for
the watercourse prior to in-stream mining and the proposed
final mining
condition; (d)
An analysis of the expected changes in the roughness
coefficient, resistance to water flow velocity, and hydraulic
gradient in the channel bottom due to
the proposed mining; (e)
Any additional information that the chief requires in
order
to evaluate the potential impact of in-stream mining on the
watercourse and to determine if any additional performance
standards are required to protect the environment and property
outside the limits of the operation as established in the permit. (B) No permit application or amendment shall be approved
by
the chief if the chief finds that the reclamation
described in the
application will not be performed in full compliance with this
chapter or that there is not reasonable cause to believe that
reclamation as required by this chapter will be accomplished. The chief shall issue an order denying an application for
an
operating permit or an amendment if the chief determines
that the
measures set forth in the plan are likely to be inadequate to
prevent damage to adjoining property or to achieve one or more of
the performance standards required in division (A)(9)(10) of this
section. No permit application or amendment shall be approved if the
approval would
result in a violation of division (E), (F), or (G)
of
section
1514.10 of the Revised Code. No permit application or amendment shall be approved to
surface mine land adjacent to a public road in violation of
section 1563.11 of the Revised Code. To ensure adequate lateral support, no permit application
or
amendment shall be approved to engage in surface
or in-stream
mining on
land
that is closer than fifty feet of horizontal
distance to any
adjacent land or waters in which the operator
making application
does not own the surface or mineral rights
unless the owners of
the surface and mineral rights in and under
the adjacent land or
waters consent in writing to surface
or
in-stream mining closer than fifty
feet
of horizontal distance.
The consent, or a certified copy
thereof,
shall be attached to the
application as a part of the
permanent
record of the application
for a surface
or in-stream mining permit. The chief shall issue an order granting a permit upon the
chief's
approval of an application, as required by this section,
filing of the performance bond required
by section 1514.04 of the
Revised Code, and payment of a permit
fee in the amount of
two
five hundred
fifty dollars and
an acreage fee
in the amount of
thirty
seventy-five dollars multiplied by the
number of acres
estimated in the application that will comprise the area of land
to be affected within the first year of operation under the
permit, but which acreage fee shall not exceed one thousand
dollars per year. The chief may issue an order denying a permit if the chief
finds
that the applicant, any partner if the applicant is a
partnership, any officer or director if the applicant is a
corporation, or any other person who has a right to control or in
fact controls the management of the applicant or the selection of
officers, directors, or managers of the applicant has
substantially or materially failed to comply or continues to fail
to comply with this chapter, which failure may consist of one or
more violations thereof, a rule adopted thereunder, or an order
of
the chief or failure to perform reclamation as required by
this
chapter. The chief may deny or revoke the permit of any
person
who so violates or fails to comply or who purposely
misrepresents
or omits any material fact in the application for
the permit or an
amendment to a permit. If the chief denies the permit, the chief shall state the
reasons
for denial in the order denying the permit.
Each permit shall be issued upon condition that the operator
will comply with this chapter and
perform
the measures set forth
in the operator's plan of
mining and
reclamation in a timely
manner
and upon the right of the. The
chief,
mineral resources
inspectors, or other authorized
representatives of the
chief
to
may enter upon the premises of the
operator at reasonable
times
for
the purposes of determining
whether or not there is
compliance
with this chapter. (C) If the chief approves
the
an application
for a surface
mining permit, the order
granting the permit shall authorize the
person to whom the permit
is issued to engage as the operator of a
surface mining operation
upon the land described in the permit
during a period that shall
expire
ten
fifteen years after the date
of issuance of the
permit,
or
upon the date when the chief, after
inspection, orders the
release of any remaining performance bond
deposited to
assure
satisfactory performance of the reclamation
measures
required
pursuant to this chapter, whichever occurs
earlier.
If the chief approves an application for an in-stream mining
permit, the order granting the permit shall authorize the person
to whom the permit is issued to engage as the operator of an
in-stream mining operation on the land described in the permit
during a period that shall expire two years after the date of
issuance of the permit, or on the date when the chief, after
inspection, orders the release of any remaining bond, cash,
irrevocable letters of credit, or certificates of deposit that
were
deposited to ensure satisfactory performance of the
reclamation
measures required under this chapter, whichever occurs
earlier. (D) Before an operator engages in a surface
or in-stream
mining
operation
on land not described in the operator's permit,
but that is
contiguous to the land described in the operator's
permit,
the
operator shall file
with the chief an application for
an amendment
to the
operator's permit.
Before approving an
amendment, the
chief shall require the
information, maps, fees,
and
amount,
except as otherwise provided by
rule, of the
performance bond as
required for an original application under
this section and
shall
apply the same prohibitions and
restrictions applicable to
land
described in an original
application for a permit.
An applicant
for a significant amendment
to a permit, as
"significant" is
defined by rule, shall include a
copy of the
advertisement that
the applicant is required to have
published in
accordance with
section 1514.022 of the Revised
Code.
If the chief disapproves
the amendment, the chief shall state the
reasons for
disapproval
in the order disapproving the amendment.
Upon the
approval of an
amendment by the chief, the operator shall
be
authorized to engage
in surface mining on the land
or in-stream
mining in the watercourse described in
the operator's original
permit plus the land
or area of the watercourse described in
the
amendment
until the date
when the permit expires, or when the
chief, after
inspection,
orders the release of any remaining
performance bond
deposited to
assure satisfactory performance of
the
reclamation measures
required pursuant to this chapter,
whichever
occurs earlier. (E) An operator, at any time and upon application therefor
and approval by the chief, may amend the plan of mining and
reclamation filed with the application for a permit in order to
change the reclamation measures to be performed, modify the
interval after mining within which reclamation measures will be
performed, change the sequence in which mining or reclamation
will
occur at specific locations within the area affected, mine
acreage
previously mined or reclaimed, or for any other purpose,
provided
that the plan, as amended, includes measures that the
chief
determines will be adequate to prevent damage to adjoining
property and to achieve the performance standards set forth in
division (A)(9)(10) of this section.
An application for a
significant
amendment to a plan, as
"significant" is defined by
rule, shall
include a copy of the
advertisement that the applicant
is required
to have published in
accordance with section 1514.022
of the
Revised
Code. The chief may propose one or more amendments to the plan in
writing, within ninety days after the fifth anniversary of the
date of issuance of
the
a surface mining permit
and
or within
ninety days after the first anniversary of the date of issuance of
an in-stream mining permit. The chief's proposal may be made upon
a finding of any of the
following conditions after a complete
review of the plan and
inspection of the area of land affected,
and the plan shall be so
amended upon written concurrence in the
findings and approval of
the amendments by the operator: (1) An alternate measure, in lieu of one previously
approved
in the plan, will more economically or effectively
achieve one or
more of the performance standards. (2) Developments in reclamation technology make an
alternate
measure to achieve one or more of the performance
standards more
economical, feasible, practical, or effective. (3) Changes in the use or development of adjoining lands
require changes in the intended future uses of the area of land
affected in order to prevent damage to adjoining property. (F)
The chief shall issue an order granting or denying an
operating permit or amendment to a permit or approving or denying
an amendment to the operator's plan of mining and reclamation
within ninety days after the filing of an application therefor.
If the chief fails to act within that period with respect to a
surface mining operation that existed prior to the
initial date by
which the chief requires a permit to be obtained,
the operator
may
continue the operation until the chief issues an
order
denying a
permit for the operation, and if the operator
elects to
appeal the
order pursuant to section 1513.13 of the
Revised
Code, until the
reclamation commission affirms
the order
of
the chief denying the
permit, and if the operator elects to
appeal the order of the
commission pursuant to section
1513.14 of
the
Revised Code, until
the court of common pleas affirms the
order
The holder of a
surface or in-stream mining permit who desires to transfer the
rights granted under the permit to another person at any time
during the term of the permit or its renewal shall file with the
chief an application for the transfer of the permit. The
application shall include a copy of the advertisement that the
applicant is required to have published in accordance with section
1514.022 of the Revised Code. The chief shall issue an order
approving or disapproving the transfer of the permit in accordance
with criteria and procedures established by rule.
Sec. 1514.021. (A) A permit holder who wishes to continue
surface
or in-stream mining operations after the expiration date
of the
existing permit or renewal permit shall file with the chief
of
the
division of mineral resources
management an application for
renewal of a
surface
or in-stream mining permit or renewal permit
at least
ninety days
before the expiration date of the existing
permit or
renewal
permit. The application shall be upon the form
that the
chief
prescribes and provides and shall be accompanied by
the
a
permit
fees required under division (B) of section 1514.02
of the
Revised Code
renewal fee in the amount of one thousand
dollars. (B) Upon receipt of an application for renewal and the
permit
renewal fee under division (A) of this section, the chief
shall
notify the applicant to submit a map that is a composite of
the
information required to be contained in the most recent annual
report map under section 1514.03 of the Revised Code and of all
surface
or in-stream mining and reclamation activities conducted
under the
existing permit or renewal permit; the annual report
required
under section 1514.03 of the Revised Code;
in the case of
an
applicant proposing a significant change to the
plan of mining
and
reclamation, as "significant" is defined by
rule, a copy of
the
advertisement that the applicant is required
to have published
in
accordance with section 1514.022 of the
Revised Code; and
additional
maps, plans, and revised or updated information that
the
chief determines to be necessary for permit renewal. Within
sixty days
after receipt of this notification, the applicant shall
submit
all the required information to the chief. (C)(1) Upon receipt of the information required under
division (B) of this section
and except as otherwise provided in
division
(C)(2) of this section, the chief
may
shall approve
the
application for renewal and issue an order granting a renewal
permit
if
unless the chief finds that
both
any of
the following
apply
applies: (1)(a) The permit holder's operation is
not in
substantial
or material compliance with
this chapter, rules adopted and orders
issued under it, and the
plan of mining and reclamation under the
existing permit or
renewal permit;.
(2)(b) The permit holder has
not provided evidence
that a
performance
bond filed under section 1514.04 of the Revised Code
applicable
to lands affected under the existing permit or renewal
permit
will remain effective until released under section 1514.05
of the
Revised Code.
(c) The permit holder, any partner if the applicant is a
partnership, any officer or director if the applicant is a
corporation, or any
other person who has a right to control or in
fact controls the management of
the applicant or the selection of
officers, directors, or managers of the
applicant has failed
substantially or materially to comply or continues to
fail to
comply with this chapter as provided in section 1514.02 of the
Revised Code. (2) If the application for renewal proposes significant
changes
to the plan of mining and reclamation, as "significant" is
defined
by rule, the chief may, but is not required to, approve
the
application for renewal. (D) Within sixty days after receiving the information and
permit
renewal fees required under divisions (A) and (B) of this
section,
the chief shall approve the application for renewal and
issue an
order granting a renewal permit, issue an order denying
the
application, or notify the applicant that the time limit for
issuing such an order has been extended. This extension of time
shall not exceed sixty days. (E) If an applicant for a renewal permit has complied with
division (A) of this section, the applicant may continue surface
or in-stream mining operations under the existing permit or
renewal permit
after its expiration date until the sixty-day
period for filing
the information required by the chief under
division (B) of this
section has expired or until the chief issues
an order under
division (D) of this section denying the renewal
permit. (F) A permit holder who fails to submit an application and
required permit
renewal fees within the time prescribed by
division (A)
of
this section shall cease surface
or in-stream
mining operations on the
expiration date of the existing permit or
renewal permit. If
such
a permit holder then submits an
application for renewal and
the
permit
renewal fees otherwise
required by division (A) of this
section on
or before the
thirtieth day after the expiration date
of the
expired permit or
renewal permit and provides the
information
required by the chief
under division (B) of this
section within
sixty days after being
notified of the information
required under
that division, the
permit holder need not
submit the final map
and
report required by
section 1514.03 of the Revised Code until
the
later of thirty days
after the chief issues an order denying
the
application for
renewal or thirty days after the chief's
order is
affirmed upon
appeal under section 1513.13 or 1513.14 of
the
Revised Code. An
applicant under this division who fails to
provide the information
required by the chief under division (B)
of this section within
the prescribed time period shall
submit
the
final map and report
required by section 1514.03 of the
Revised
Code within thirty days
after the expiration of that
prescribed
period. (G) If the chief issues an order denying an application
for
renewal of a permit or renewal permit after the expiration
date of
the permit, the permit holder shall cease surface
or in-stream
mining
operations immediately and, within thirty days after the
issuance
of the order, shall submit the final report and map
required
under
section 1514.03 of the Revised Code. The chief
shall state
the
reasons for denial in the order denying renewal of
the
application. An applicant may appeal the chief's order
denying
the renewal under section 1513.13 of the Revised Code and
may
continue surface
or in-stream mining and reclamation
operations under the
expired permit until the reclamation
commission
affirms the
chief's order under that section
and, if
the applicant elects to
appeal the order of the commission
under
section 1513.14 of the
Revised Code, until the court of appeals
affirms the order. (H) The approval of an application for renewal under this
section authorizes the continuation of
the
an existing
surface
mining permit or renewal permit for a term of
ten
fifteen years
from the expiration date of the existing permit.
The approval of an application
for renewal under this
section
authorizes the continuation of an
existing in-stream
mining permit
or renewal permit for a term of
two years from the
expiration date
of the existing permit. (I) Any renewal permit is subject to all the requirements
of
this chapter and rules adopted under it.
Sec. 1514.022. (A) As used in this section: (1) "Application" means any of the following: (a) An application filed under division (A) of section
1514.02 of
the Revised Code for an initial permit for a proposed
surface
or in-stream mining operation; (b) An application filed under division (D) of section
1514.02 of
the Revised Code for a significant amendment to a
permit, as
"significant" is defined by rule; (c) An application filed under division (E) of section
1514.02 of
the Revised Code for a significant amendment to the
plan of
mining
and reclamation that is proposed by the operator,
as "significant" is
defined by rule; (d) An application filed under division (F) of section
1514.02 of the Revised Code for the transfer of an existing permit
for a surface or in-stream mining operation;
(e)
An application filed under section 1514.021 of the
Revised Code for the
renewal
of a permit if the application
proposes a significant change to the plan of
mining and
reclamation, as
"significant" is defined by rule. (2) "Applicant" means a person who files an application. (3) "Governmental agency" means each board of county
commissioners, each board of township trustees, each legislative
authority of a municipal corporation, and the planning
commissioners
having jurisdiction over all or part of the area of
a surface
or in-stream mining operation or a proposed surface or
in-stream mining
operation
together
with any other federal, state,
or local governmental
entities that
the chief of the division of
mineral resources
management reasonably
believes will be
interested in an
application. (B)(1) Except as otherwise provided in division (D) of
this
section, an applicant shall submit to the chief a copy of the
applicant's
advertisement required to be published under this
division of
the ownership, precise location, and boundaries of
land to be
affected by the surface or in-stream mining operation
or proposed
surface
or in-stream mining operation that is the
subject of the application. Upon receiving the application and advertisement, the chief
shall
designate a location at which the application will be
available for
public inspection and shall assign to the
application an application
identification number. When the chief
determines that the
application is substantially complete, the
chief shall notify the
applicant of the determination. At that
time, the applicant shall
place the advertisement, together with
the application
identification number and the notice of the
location at which the
application will be available for
inspection, in a newspaper of
general circulation in the locality
of the operation or proposed operation at
least once a week for
four
consecutive weeks. (2) Except as otherwise provided in division (D) of this
section,
upon determining that an application is substantially
complete, the chief
shall
provide written notice to governmental
agencies.
The notice shall include all of the information
required to be published
under division (B)(1) of this section
together with the
date by which any written comments or objections
must be received by the chief
for
consideration in the review of
the application. That date shall
be the date that is thirty days
following the date on which the chief sends
the
notice to the
governmental agencies.
If requested by a governmental agency within thirty-five
days
following
the date on which the governmental agency receives
the
written notice from the
chief, the chief may hold an informal
conference to aid in the public
understanding of the permitting
process. The informal conference shall be
held within two weeks
after the chief determines to hold such a conference and
shall be
held in the county in which the surface or in-stream mining
operation is or is
proposed
to be located. (C) Except as otherwise provided in division (D) of this
section,
an operation or any person having an interest that is or
may
be adversely
affected by the operation or proposed operation
and
any
governmental
agency may file written comments about or
objections to
an application with the
chief. In the case of
interested persons
who are not
governmental agencies, the comments
or objections
shall be filed
not later than
thirty days after the
last
publication of the notice. In the case of
governmental
agencies,
the
comments or objections shall be filed
not later than
the date
that
the
chief specified in the notice, except that at
the chief's
discretion, the chief may accept comments or
objections from the
agencies after that date if the chief
considers doing so to be in
the
public interest. The chief
immediately shall transmit
comments or
objections to the applicant
and shall make them
available to the public
at the same location
at which the
application is available for
inspection. (D) Divisions (B) and (C) of this section do
not apply if a
plan
of zoning has been adopted for the area that includes the
location
at which the operation is conducted or is proposed to be
conducted
and either of the following applies: (1) The plan of zoning allows mining at the location at
which the
mining operation is or is proposed to be conducted. (2) A zoning variance or conditional use certificate for a
mining operation, for which public notice and opportunity for
comment have
been provided, has been received within three hundred
sixty-five
days prior to submittal of an application. In such a
situation,
an applicant shall provide the chief with a copy of the
notice,
certified by the publisher, that was previously published.
Sec. 1514.023. Nothing in this chapter or rules adopted
under it
shall be construed to prevent any county, township, or
municipal
corporation from enacting, adopting, or enforcing zoning
resolutions or
ordinances. However, the chief of the
division of
mineral
resources management shall not enforce such
zoning
resolutions or
ordinances.
Sec. 1514.024. A local authority may enter into an agreement
with the
operator of a surface or in-stream mining operation or of
a proposed
surface or in-stream mining
operation for the
improvement of roads under the
jurisdiction of that local
authority that may be affected by the
operation or for other
improvements
within the jurisdiction of
that local authority.
However, nothing in this
section requires
the surface or in-stream
mining operator to enter into such an agreement.
Sec. 1514.03. Within thirty days after each anniversary
date
of issuance of a surface
or in-stream mining permit, the operator
shall
file
with the chief of the division of mineral
resources
management an
annual
report, on a form prescribed and furnished by
the chief,
that, for the period covered by the report, shall state
the
amount
of and identify the types of minerals and coal, if any
coal,
produced and shall state the number of acres affected and
the
number of acres estimated to be affected during the next year
of
operation. An annual report is not required to be filed if a
final report is filed in lieu thereof. Each annual report
for a surface mining operation shall
include a
progress map indicating
the location of areas of land
affected during the period of the
report and the location of the
area of land estimated to be
affected during the next year. The
map shall be prepared in
accordance with division (A)(10)(11) or
(11)(12)
of section 1514.02 of
the Revised Code, as appropriate,
except
that a map prepared in
accordance with division (A)(11)(12)
of that
section may be
certified
by the operator or authorized
agent of
the operator in lieu of
certification by a professional
engineer
or
surveyor registered under Chapter 4733. of the Revised
Code.
However, the
chief may require that an annual progress
map
or a
final map be prepared by a registered professional
engineer
or
registered surveyor if the chief has reason to
believe that
the
operator exceeded the boundaries of the permit area or, if
the
operator filed the map required under division (A)(10)(11) of
section
1514.02 of the Revised Code, that the operator extracted
ten
thousand tons or more of minerals during the period covered
by
the
report.
Each annual report for an in-stream mining operation shall
include a statement of the total tonnage removed by in-stream
mining for
each month and of the surface acreage and depth of
material removed by
in-stream mining and shall include a map that
identifies the area
affected by the in-stream mining, soundings
that depict the cross-sectional views of the channel bottom of the
watercourse, and
water elevations for the watercourse. Each annual report shall be accompanied by a filing fee in
the amount of
two
five hundred
fifty dollars
and,
except in the
case of an annual report filed by a small
operator or an in-stream
mining operator. A small
operator, which is a surface mine
operator who intends to
extract
fewer than ten thousand tons of
minerals and no coal during the
next
year of operation under the
permit, or an in-stream mining operator shall include a filing
fee
in the amount
of two hundred fifty dollars with each annual
report. The annual report of
any operator also shall be
accompanied by
an acreage fee in the
amount of
thirty
seventy-five
dollars multiplied by the number
of acres
estimated in the report
to be affected during the next year of
operation under the permit.
The acreage fee shall be
adjusted
by subtracting a credit of
thirty
seventy-five dollars per
excess acre paid
for the preceding
year if the acreage paid for the preceding year
exceeds the
acreage actually affected or by adding an additional
amount of
thirty
seventy-five dollars per excess acre affected
if the
acreage
actually affected exceeds the acreage paid for the
preceding
year.
With each annual report the operator shall file a
performance
bond in the amount,
unless otherwise provided by
rule, of
five
hundred
one thousand dollars multiplied
by the number of acres
estimated to be
affected during the next year of operation under
the permit for
which no performance bond previously
was filed.
The
Unless otherwise provided by rule, the
bond shall be adjusted
by
subtracting a credit of
five hundred
one
thousand
dollars per
excess acre for which bond was filed for the
preceding year if the
acreage for which the bond was filed for
the preceding year
exceeds the acreage actually affected, or by
adding an amount of
five hundred
one thousand dollars per excess
acre affected
if the
acreage actually affected exceeds the acreage for which
bond was
filed for the preceding year. Within thirty days after the expiration of the surface
or
in-stream mining
permit, or completion or abandonment of the
operation,
whichever
occurs earlier, the operator shall submit a
final
report
containing the same information required in an annual
report, but
covering the time from the last annual report to the
expiration of
the permit, or completion or abandonment of the
operation,
whichever occurs earlier. Each final report shall include a map indicating the
location
of the area of land affected during the period of the
report and
the location of the total area of land affected under
the permit.
The map shall be prepared in accordance with
division (A)(10)(11)
or
(11)(12) of section 1514.02 of the Revised Code,
as
appropriate.
In the case of a final
report for an in-stream mining
operation, the map also shall
include the
information required
under division
(A)(18) of section
1514.02 of the Revised
Code. If the final report and certified map, as verified by the
chief, show that the number of acres affected under the permit is
larger than the number of acres for which the operator has paid
an
acreage fee or filed a performance bond,
upon
notification by the
chief, the operator shall pay an additional
acreage fee in the
amount of
thirty
seventy-five dollars
multiplied by the
difference
between the number of acres affected under the permit
and the
number of acres for which the operator has paid an
acreage fee and
shall file an additional performance
bond
in the amount,
unless
otherwise provided by rule, of
five hundred
one thousand dollars
multiplied by
the difference between the number of acres affected
under the
permit and the number of acres for which the operator
has filed
bond. If the final report and certified map, as verified by the
chief, show that the number of acres affected under the permit is
smaller than the number of acres for which the operator has filed
a
performance
bond,
the chief
shall order release of the excess
bond. However, the chief shall retain a
performance bond in a
minimum amount of
two
ten
thousand dollars irrespective of the
number of acres affected
under the permit. The release of the
excess bond shall be in
an amount,
unless otherwise provided by
rule, equal to
five hundred
one thousand dollars multiplied by the
difference between the number of acres affected under the permit
and the number of acres for which the operator has filed bond.
The fees
collected pursuant to this section and section
1514.02
of the Revised
Code shall be deposited with the treasurer
of state to the credit
of the surface mining fund created under
section
1514.06 of the Revised Code. If upon inspection the chief finds that any filing fee,
acreage fee, performance bond, or part thereof is not paid when
due or
is paid on the basis of false or substantially inaccurate
reports,
the chief may request the attorney general to recover the
unpaid
amounts that are due the state, and the attorney general
shall commence appropriate legal proceedings to recover the unpaid
amounts.
Sec. 1514.04. Upon receipt of notification from the chief
of
the division of mineral resources
management of the chief's
intent
to issue an order
granting a surface
or in-stream mining permit to
the
applicant, the applicant
shall file a surety bond, cash, an
irrevocable letter of credit,
or certificates of deposit in the
amount,
unless otherwise provided
by rule, of
two
ten thousand
dollars plus one
thousand dollars,
or five hundred dollars per
acre of land to be affected,
whichever is greater. Upon receipt
of notification from the
chief of the chief's intent to issue an
order granting an
amendment to a
surface
or in-stream mining
permit, the
applicant shall file a surety bond,
cash, an
irrevocable letter of
credit, or certificates of deposit in the
amount,
unless otherwise
provided by rule, of
five
hundred
one
thousand dollars per acre of
land to be affected. In the case of a surface mining permit, the bond shall be
filed for the number of acres estimated to be affected during the
first year of operation under the permit. In the case of an
amendment to a surface mining permit, the bond shall be filed for
the number of acres estimated to be affected during the balance
of
the period until the next anniversary date of the permit.
In the case of an in-stream mining permit, the bond shall be
filed for the number of acres of land within the limits of the
in-stream
mining permit for the entire permit period. In the case
of an amendment
to an in-stream mining permit, the bond shall be
filed for the
number of any additional acres of land to be
affected within the
limits of the in-stream mining permit. A surety bond filed pursuant to this section and sections
1514.02 and 1514.03 of the Revised Code shall be upon the form
that the chief prescribes and provides and shall be signed by the
operator as principal and by a surety company authorized to
transact business in the state as surety. The bond shall be
payable to the state and shall be conditioned upon the faithful
performance by the operator of all things to be done and
performed
by the operator as provided in this chapter
and the rules and
orders of the chief adopted or issued pursuant
thereto. The operator may deposit with the chief, in lieu of a surety
bond, cash in an amount equal to the surety bond as prescribed in
this section, an irrevocable letter of credit or negotiable
certificates of
deposit issued by any
bank organized or
transacting business in this state, or an irrevocable letter
of
credit or
certificates of deposit issued by any savings and loan
association as defined in section 1151.01 of the Revised Code,
having a cash value equal to or greater than the amount of the
surety bond as prescribed in this section. Cash or certificates
of deposit shall be deposited upon the same terms as the terms
upon which surety bonds may be deposited. If one or more
certificates of deposit are deposited with the chief in lieu of
a
surety bond, the chief shall require the bank or savings and
loan
association that issued any such certificate to pledge
securities
of a cash value equal to the amount of the
certificate, or
certificates, that is in excess of the amount
insured by the
federal deposit insurance corporation. The securities shall
be
security for the repayment of the certificate of deposit. Immediately upon a deposit of cash, a letter of credit, or
certificates with
the
chief, the chief shall deliver it to the
treasurer of state
who shall
hold it in trust for the purposes for
which it has been
deposited. The treasurer of state shall be
responsible for the
safekeeping of such deposits. An operator
making a deposit of
cash, a letter of credit, or certificates of
deposit may withdraw and receive
from the
treasurer of state, on
the written order of the chief, all or any
part of the cash,
letter of credit, or certificates in the possession of the
treasurer of state, upon depositing with the treasurer of state
cash, an irrevocable letter of credit, or negotiable certificates
of
deposit
issued by any bank
organized or transacting business in
this state, or an irrevocable letter of
credit or certificates
of
deposit issued by any savings and loan association, equal in
value
to the value of the cash, letter of credit, or certificates
withdrawn.
An
operator may demand and receive from the treasurer
of state all
interest or other income from any certificates as it
becomes due. If
certificates deposited with and in the possession
of the
treasurer of state mature or are called for payment by the
issuer
thereof, the treasurer of state, at the request of the
operator
who deposited them, shall convert the proceeds of the
redemption
or payment of the certificates into such other
negotiable
certificates of deposit issued by any bank organized or
transacting business in this state, such other certificates of
deposit issued by any savings and loan association, or cash, as
may be designated by the operator. A governmental agency, as defined in division (A) of section
1514.022 of the Revised Code, or a board or commission that
derives its authority from a governmental agency shall not require
a surface
or in-stream mining operator to file a surety bond or
any other form
of financial assurance
for the reclamation of land
to be affected
by a surface or in-stream mining operation
authorized under this chapter.
Sec. 1514.05. (A) At any time within the period allowed
an
operator by section 1514.02 of the Revised Code to reclaim an
area
of land affected by surface
or in-stream mining, the operator may
file a
request, on a form provided by the chief of the division of
mineral resources management, for
inspection of the area of land
upon which
a phase of the
reclamation, other than any required
planting, is completed.
The
For purposes of inspections and
subsequent releases of
performance
bonds or cash, irrevocable
letters of credit, or certificates of deposit
deposited in lieu of
bonds under this section, reclamation shall be
considered to occur
in two phases. The first phase involves
grading, contouring,
terracing, resoiling, and initial planting.
The second phase
involves the establishment of vegetative cover together with the
maintenance and the completion of all reclamation
required under
this
chapter or rules adopted under it. A request
for inspection at the completion of a phase of
reclamation shall include all of the following: (1) The location of the area and number of acres; (3) The amount of performance bond on deposit
at the time of
the
request to ensure reclamation of the area; (4) A map showing the location of the acres reclaimed,
prepared and certified in accordance with division (A)(10)(11) or
(11)(12)
of section 1514.02 of the Revised Code, as appropriate.
In the
case of an
in-stream mining operation, the map also shall
include
the
information
required under division (A)(18) of section
1514.02
of
the Revised Code. In addition, a request for inspection of the second phase of
reclamation
shall include a description of the type and date of
any required planting and a
statement regarding the
degree of
success of the growth. (B) The chief shall make an inspection and evaluation of the
reclamation of the area of land for which
the
a request was
submitted within ninety days after receipt of the request or, if
the operator fails to complete the reclamation or file the
request
as required, as soon as the chief learns of the default.
Thereupon,
if the chief approves
the first phase of the
reclamation
other than any
required planting as meeting the
requirements of this chapter,
rules adopted thereunder, any orders
issued during the mining or
reclamation, and the specifications of
the plan for mining and
reclaiming, the chief shall issue an order
to the operator
and the
operator's surety releasing them from
liability for
one-half the
total amount
the applicable percentage
specified in this division
of their surety bond on deposit to
ensure
reclamation for the area upon which reclamation is
completed. If
the chief approves the second phase of the
reclamation
and decides to release any remaining performance bond
on deposit
to ensure reclamation of the area upon which
reclamation is
completed,
the chief shall order release of the
remaining
performance bond, after completing the inspection and
evaluation, in the same manner as in the case of approval of
the
first phase of reclamation, and the treasurer of
state
shall
proceed as in that case. On approval of the first phase of reclamation, the chief
shall
release seventy-five per cent of the amount of the surety
bond on
deposit. On
approval of the second phase of reclamation,
the chief shall
release the remaining amount of the
surety bond
that originally
was on deposit. If the operator has deposited cash, an irrevocable letter of
credit, or
certificates of deposit in
lieu of a surety bond to
ensure reclamation, the chief shall
issue an order to the operator
releasing
one-half of the
total
amount so held
in the same manner
and in the same percentages that apply to
the release of a surety
bond and promptly shall transmit a certified copy
of
the order to
the treasurer of state. Upon presentation of the
order to the
treasurer of state by the operator to whom it was
issued, or by
the operator's authorized agent, the treasurer of
state shall
deliver to the operator or the operator's authorized
agent the
cash, irrevocable letter of credit, or certificates of deposit
designated in the order. (C) If the chief does not approve
a phase of the reclamation
other than any required planting, the chief shall notify the
operator
by certified mail.
The notice shall be an order stating
the reasons for
unacceptability, ordering further actions to be
taken, and
setting
a time limit for compliance. If the operator
does not
comply with
the order within the time limit specified,
the chief
may order an
extension of time for compliance after
determining that the
operator's noncompliance is for good cause,
resulting
from
developments partially or wholly beyond the
operator's
control.
If
the operator complies within the time limit
or the
extension of
time granted for compliance, the chief shall
order
release of the
performance bond in the same
manner as in the
case of approval of
reclamation
other than
planting by the chief,
and the treasurer of
state shall proceed
as in that case. If the
operator does not
comply within the time
limit and the chief does
not order an
extension, or if the chief
orders an extension of
time and the
operator does not comply
within the extension of time
granted for
compliance, the chief
shall issue another order
declaring that the
operator has failed
to reclaim and, if the
operator's permit has
not already expired
or been revoked,
revoking the operator's
permit. The chief shall
thereupon proceed
under division
(C)(D)
of this section. (B) At any time within the period allowed an operator by
section 1514.02 of the Revised Code to reclaim an area affected
by
surface mining, the operator may file a request, on a form
provided by the chief, for inspection of the area of land upon
which all reclamation, including the successful establishment of
any required planting, is completed. The request shall include
all of the
following:
(1) The location of the area and number of acres;
(3) The remaining amount of performance bond
on deposit to
ensure reclamation of the area;
(4) The type and date of any required planting of
vegetative
cover and the degree of success of growth;
(5) A map showing the location of the acres reclaimed,
prepared and certified in accordance with division (A)(10) or
(11)
of section 1514.02 of the Revised Code, as appropriate.
The chief shall make an inspection and evaluation of the
reclamation of the area of land for which the request was
submitted within ninety days after receipt of the request or, if
the operator fails to complete the reclamation or file the
request
as required, as soon as the chief learns of the default.
Thereupon,
if the chief finds that the reclamation meets the
requirements of this chapter, rules adopted thereunder, any
orders
issued during the mining and reclamation, and the
specifications
of the plan for mining and reclaiming and decides
to release any
remaining performance bond
on deposit to ensure reclamation of the
area upon which
reclamation is completed, within ten days of
completing
the inspection and evaluation, the
chief shall order
release of the remaining
performance bond in the same manner as in
the case of approval of reclamation other than planting, and the
treasurer of state shall proceed as in that case.
If the chief does not approve the reclamation performed by
the operator, the chief shall notify the operator by
certified
mail
within ninety days of the filing of the application for
inspection or of the date when the chief learns of the
default.
The
notice shall be an order stating the reasons for
unacceptability,
ordering further actions to be taken, and setting
a time limit
for compliance. If the operator does not comply with
the order
within the time limit specified, the chief may order an
extension
of time for compliance after determining that
the
operator's
noncompliance is for good cause, resulting from
developments
partially or wholly beyond the operator's control.
If
the
operator complies within the time limit or the extension of
time
granted for compliance, the chief shall order release of the
remaining performance bond in the same
manner as in the case of
approval of reclamation by the chief,
and the treasurer of state
shall proceed as in that case. If the
operator does not comply
within the time limit and the chief does
not order an extension,
or if the chief orders an extension of
time and the operator does
not comply within the extension of
time granted for compliance,
the chief shall make another order
declaring that the operator has
failed to reclaim and, if the
operator's permit has not already
expired or been revoked,
revoking the operator's permit. The
chief then shall proceed
under division (C) of this section.
(C)(D) Upon issuing an order under division
(A) or
(B)(C) of
this section declaring that the operator has failed to reclaim,
the chief shall
make a finding as to the number and location of
the acres of land that the operator has failed to reclaim in
the
manner required by this chapter. The chief shall order the
release of the performance bond in the
amount of five hundred
dollars per acre for those acres that the
chief
finds to have been
reclaimed in the manner required by this
chapter. The release
shall be ordered in the same manner as in
the case of other
approval of reclamation by the chief, and the
treasurer of state
shall proceed as in that case. If the
operator has on deposit
cash, an irrevocable letter of credit, or certificates
of deposit
to ensure reclamation of the area of the land affected, the
retain
all or part of the performance bond on deposit for reclamation of
the affected surface or in-stream mine site. The chief at the
same time shall
issue an
order declaring that the remaining cash,
irrevocable
letter of credit, or
certificates of deposit
is,
if
any, are the
property of
the state and
is
are
available for use by
the chief in
performing reclamation of the
area and shall proceed
in accordance
with section 1514.06 of the
Revised Code.
If the operator has on deposit a surety bond to ensure
reclamation of the area of land affected, the chief shall notify
the surety in writing of the operator's default and shall request
the surety to perform the surety's obligation and that of the
operator. The surety, within ten days after receipt of
the
notice, shall notify the chief as to whether it intends to perform
those obligations. If the surety chooses to perform, it shall arrange for work
to begin within thirty days of the day on which it notifies the
chief of its decision. If the surety completes the work as
required by this chapter, the chief shall issue an order to the
surety releasing the surety from liability under the bond in the
same manner as if the surety were an operator proceeding under
this section. If, after the surety begins the work, the chief
determines that the surety is not carrying the work forward with
reasonable progress, or that it is improperly performing the
work,
or that it has abandoned the work or otherwise failed to
perform
its obligation and that of the operator, the chief shall
issue an
order terminating the right of the surety to perform the
work and
demanding payment of the amount due as required by this
chapter. If the surety chooses not to perform and so notifies the
chief, does not respond to the chief's notice within ten days of
receipt thereof, or fails to begin work within thirty days of the
day it timely notifies the chief of its decision to perform its
obligation and that of the operator, the chief shall issue an
order terminating the right of the surety to perform the work and
demanding payment of the amount due, as required by this chapter. Upon receipt of an order of the chief demanding payment of
the amount due, the surety immediately shall deposit with the
chief cash in the full amount due under the order for deposit
with
the treasurer of state. If the surety fails to make an
immediate
deposit, the chief shall certify it to the attorney
general for
collection. When the chief has issued an order
terminating the
right of the surety and has the cash on deposit,
the cash is the
property of the state and is available for use
by the chief, who
shall proceed in accordance with section 1514.06 of the
Revised
Code.
Sec. 1514.06. (A) There is hereby created in the state
treasury the surface mining fund. All cash that
becomes the
property of the state pursuant to section 1514.05 of
the Revised
Code shall be deposited in the fund, and expenditures
from the
fund shall be made by the chief of the division of
mineral
resources management only for the
purpose of reclaiming areas of
land
affected by surface
or in-stream mining operations on which
an operator
has defaulted. (B) Expenditures of moneys from the fund, except as
otherwise
provided by this section, shall be made pursuant to
contracts
entered into by the chief with persons who agree to
furnish all
of the materials, equipment, work, and labor, as
specified and
provided in the contracts, for the prices stipulated
therein.
With the approval of the director of natural resources,
the
chief may reclaim the land in the same manner as the chief
required of
the operator who defaulted. Each contract awarded by
the chief
shall be awarded to the lowest responsive and
responsible bidder,
in accordance with section 9.312 of the
Revised Code, after
sealed bids are received, opened, and
published at the time and
place fixed by the chief. The chief
shall publish notice of the
time and place at which bids will be
received, opened, and
published, at least once at least ten days
before the date of the
opening of the bids, in a newspaper of
general circulation in the
county in which the area of land to be
reclaimed under the
contract is located. If, after so advertising
for bids, no bids
are received by the chief at the time and place
fixed for
receiving them, the chief may advertise again for bids,
or, if
the chief
considers the public interest will be best
served,
the chief may enter into a contract for the reclamation of
the area of
land
without further advertisement for bids. The
chief may reject any
or all bids received and again publish notice
of the time and
place at which bids for contracts will be
received, opened, and
published. (C) With the approval of the director, the chief, without
advertising for
bids, may enter into a contract with the
landowner, a surface
or
in-stream mine operator or
coal mine
operator mining under a current, valid permit issued
under this
chapter or Chapter 1513. of the Revised Code, or a contractor
hired by a surety
to complete reclamation, to carry out
reclamation on land
affected by surface
or in-stream
mining
operations on which an operator has defaulted. (D) With the approval of the director, the chief may carry
out
all or part of
the reclamation work on land affected by
surface
or in-stream mining
operations on which
the operator has
defaulted using the employees and equipment of
any division
of the
department of natural resources. (E) The chief shall require every contractor performing
reclamation work
under this section to pay workers at the greater
of their regular
rate of pay,
as established by contract,
agreement, or prior custom or
practice, or the average wage rate
paid in this state for the
same or similar work, as determined by
the chief under section
1513.02 of the Revised Code. (F) Each contract entered into by the chief under this
section
shall provide only
for the reclamation of land affected by
the surface
or in-stream mining
operation or operations of one
operator and not reclaimed by the
operator as required by this
chapter. If there is money in the
fund derived from the
performance bond deposited with the chief
by one operator
to
ensure the
reclamation of two or more areas of land affected by
the surface
or
in-stream mining operation or operations of one
operator and not reclaimed
by the operator as required by this
chapter, the chief
may award a single contract for
the reclamation
of all such areas of land. (G) The cost of the reclamation work done under this section
on
each area of land affected by surface
or in-stream mining
operations on
which an operator has defaulted shall be paid out of
the
money in the fund derived from the performance bond
that was
deposited with the chief to
ensure the reclamation of that area of
land. If the amount of money is not
sufficient to pay the cost
of
doing all of the reclamation work on the area of land
that the
operator should have done, but failed to do, the
chief may expend
from the reclamation forfeiture
fund created in
section 1513.18 of
the Revised Code or the surface mining
fund
created in this
section the amount
of money needed to complete reclamation to the
standards required by this chapter. The operator is liable for
that expense in addition to any other liabilities imposed by law.
At the
request of the chief, the attorney general shall bring an
action
against the
operator for the amount of the expenditures
from either fund.
Moneys so
recovered shall be deposited in the
appropriate fund from which
the
expenditures were made. (H) If any part of the money in the surface mining
fund
remains
in the fund after the chief has caused the area of land to
be
reclaimed and
has paid all the reclamation costs and expenses,
or if any money
remains
because the area of land has been
repermitted under this chapter or reclaimed
by a person other than
the chief, the chief may expend the remaining money to
complete
other reclamation work performed under this section.
Sec. 1514.07. Each order of the chief of the division of
mineral resources management affecting the
rights, duties, or
privileges of an
operator or the operator's surety or of an
applicant for a
permit or an
amendment to a permit or a plan shall
be in writing and contain a
finding by the chief of the facts upon
which the order is based. Notice of
the order shall be given by
certified mail to each
person whose rights, duties, or privileges
are affected. If the chief finds that an operator has violated any
requirement of this chapter, failed to perform any measure set
forth in the approved plan of mining and reclamation that is
necessary to prevent damage to adjoining property or to achieve,
or has otherwise failed to achieve, the performance standards of
division (A)(9)(10) of section 1514.02 of the Revised Code, or
caused
damage to adjoining property, the chief may issue orders
directing the operator to cease violation, perform such measures,
achieve such standards, or prevent or abate off-site damage. The
order shall identify the operation where the violation occurs,
the
specific requirement violated, measure not performed,
standard not
achieved, or off-site damage caused, and where
practicable
prescribe what action the operator may take to comply
with the
order. The chief shall fix and set forth in the order a
reasonable date or time by which the operator shall comply, and
the order shall state that the chief may revoke the operator's
permit if the order is not complied with by
such
that date or
time. If upon
such
that
date or time the chief finds that the
operator has
not complied with the order, the chief may issue an
order
revoking the operator's permit.
Sec. 1514.071. (A) In addition to any other penalties
established
under this chapter, the chief of the division of
mineral resources management
may
assess a civil penalty
against
any person who fails to comply with an order issued by the chief
under section 1514.07 of the Revised Code by the date
specified in
the order or as subsequently extended by the chief. (B) Civil penalties assessed under this section shall not
exceed
one thousand dollars for each occurrence of noncompliance
with an order. Each
day of continuing noncompliance, up to a
maximum of thirty days, may
be deemed a separate occurrence for
purposes of
penalty assessments. In determining the amount of the
assessment, the chief
shall consider the seriousness of the
noncompliance, the effect of the
noncompliance, and the operator's
history of noncompliance. (C) Upon issuance of a notice of noncompliance with an
order,
the
chief shall inform the person to whom the notice of
noncompliance is issued of
the amount of any civil penalty to be
assessed and provide an
opportunity for an adjudicatory hearing
with the reclamation
commission pursuant to section 1514.09 of the
Revised Code.
The person charged with the penalty shall have
thirty days from receipt of the
assessment to pay
the penalty in
full or, if the person wishes to contest
the amount of the
penalty, file a
petition for review of the assessment with the
commission
pursuant to section 1514.09 of the Revised Code and
forward
the
amount of the penalty to the secretary of the
commission as required by this
division. Failure to forward the
money to the
secretary within thirty days after the chief informs
the person of
the amount of the penalty shall result in a waiver
of all
legal rights to contest the amount of the
penalty. If, after a hearing, the commission affirms or modifies the
amount of the penalty, the person charged with the penalty
shall
have thirty days after receipt of the written decision to
file an
appeal from the commission's order in
accordance with section
1514.09 of the Revised Code. At the time that the petition for review
of the assessment is
filed with the secretary, the person
shall forward the amount of
the penalty to the secretary for
placement in the reclamation
penalty fund created in division
(F)(3) of section 1513.02 of the
Revised Code. Pursuant to administrative or
judicial review of
the penalty, the secretary shall do either of the
following: (1) If it is determined that the amount of the penalty
should be
reduced, within thirty days, remit the appropriate
amount of the penalty
to the person, with interest, and forward
any balance of the
penalty, with interest, to the chief for
deposit in the surface mining
fund created in
section 1514.06 of
the Revised Code for reclamation of
abandoned surface or in-stream
mining
operations in the state; (2) If the penalty was not reduced, forward the entire
penalty,
with interest, to the chief for deposit in the surface
mining
fund for reclamation of abandoned surface or in-stream
mining operations
in
the state. (D) Civil penalties owed under this section may be recovered
in a
civil action brought by the attorney general upon the request
of the
chief.
Sec. 1514.072. Whenever a person fails to comply with an
order
issued by the chief of the division of mineral resources
management, the
chief, in addition to any other remedy under this
chapter, may request the
attorney general to
institute a civil
action to compel compliance with the order, including a
permanent
or temporary
injunction, a restraining order,
or any other
appropriate order, in the court of common pleas of the
county in
which the noncompliance is occurring or has occurred.
The court
shall grant the relief requested upon a demonstration that
noncompliance with an order of the chief is occurring or has
occurred.
Sec. 1514.08.
(A) The chief of the division of
mineral
resources
management may adopt, amend, and rescind rules in
accordance with
Chapter 119. of the Revised Code in order to
prescribe
procedures
for
submitting applications for permits,
amendments to permits,
and
amendments to plans of mining and
reclamation; filing annual
reports and final reports; requesting
inspection and approval of
reclamation; paying permit and filing
fees; and filing and
obtaining the release of performance bonds
deposited with the
state. For the
purpose of preventing damage
to
adjoining property
or achieving one or more of the performance
standards established
in division (A)(9)(10) of section 1514.02 of
the Revised
Code, the
chief may establish classes of mining
industries, based
upon
industrial categories, combinations of
minerals produced,
and
geological conditions in which surface
or
in-stream mining
operations
occur,
and may prescribe different
rules consistent
with the
performance
standards for each class.
For the purpose of
apportioning the
workload of the division of
mineral
resources
management among the
quarters of
the year, the
rules may require
that applications for
permits and
annual reports
be filed in
different quarters of the
year,
depending upon the
county in which
the operation is located.
(B) The chief shall adopt rules under this section that do
all of the following: (1) With respect to in-stream mining, determine periods of
low flow, which
are
the only time periods during which in-stream
mining is
allowed,
and develop and implement any
criteria, in
addition to the criteria established in section
1514.02 of the
Revised Code, that the chief
determines are
necessary for the
permitting of in-stream mining;
(2) Establish criteria and procedures for approving or
disapproving the transfer of a surface or in-stream mining permit
under division (F) of section 1514.02 of the Revised Code; (3) Define when
any
of the following may be considered to be
"significant" for
purposes of
section 1514.022 of the Revised
Code: (a) An amendment to a permit issued under section 1514.02
of
the
Revised Code for a surface or in-stream mining operation; (b) An amendment to the plan of mining and reclamation
that
must
be filed with an application for either permit under section
1514.02 of
the Revised Code; (c) Changes to that plan of mining and reclamation that
are
proposed in a permit renewal application filed under section
1514.021 of
the Revised Code.
In defining "significant," the chief shall focus on changes
that
increase the likelihood that the mining operation may have a
negative impact
on the public. (4) Establish a
framework and procedures under which the
amount of any bond
required to be
filed under this chapter to
ensure the satisfactory
performance of the
reclamation measures
required under this
chapter may be reduced by subtracting a credit
based on the
operator's past compliance with this chapter and
rules adopted and
orders issued under it. The rules also
shall
apply to cash, an
irrevocable letter of credit, or a
certificate
of deposit that is
on deposit in lieu of a bond. In
establishing
the amount of
credit that an operator or applicant
may receive
based on past
compliance, the chief may consider past
compliance
with respect to
any permit for a surface or in-stream mining
operation that has
been issued in
this state to the operator or
applicant. (5) Establish criteria and
procedures for granting a variance
from compliance
with the prohibitions
established in divisions
(E)(3) and (F)(3)
of section
1514.10 of the Revised Code. The
criteria shall ensure
that an operator may obtain a
variance only
if compliance with the
applicable prohibition is not necessary
to
prevent damage to the
watercourse or surrounding areas.
Sec. 1514.09. The reclamation commission
established
pursuant to section 1513.05 of the Revised Code shall serve as
the
reclamation commission pursuant to this
chapter.
However,
whenever the commission is considering
any appeal pertaining to
surface
or in-stream mining, as distinguished from
coal strip
mining, the
member representing the coal strip mine
operators
shall be
replaced by a person who, by reason of the
person's
previous
vocation, employment, or affiliations, can be classed as
a
representative of surface
or in-stream mine operators, as
applicable. The appointment of
said
that person shall be made in
accordance with section
1513.05 of
the Revised Code, and the
person's term shall be concurrent
with
that of
the representative
of the coal strip mine operators. No party to an appeal brought under
this section shall be
eligible for an award of attorney's fees, costs, or
expenses from
the commission or any court. Notwithstanding section 1513.14 of the Revised Code,
appeals
from an order of the commission pertaining to
surface
or in-stream
mining
may
be taken to the court of common pleas of the county in
which
the
operation is located, or to the court of common pleas of
Franklin
county.
Sec. 1514.10. No person shall: (A)(1) Engage in surface mining without a permit;
(2) Engage in in-stream mining or conduct an in-stream
mining operation without an in-stream mining permit issued
by the
chief of the division of mineral resources management. A
person
who, on the effective date of this amendment, holds a valid
permit
to conduct in-stream mining that is issued under section 10
of the
"Rivers and
Harbors
Appropriation
Act of 1899," 30
Stat. 1151, 33
U.S.C. 403, as
amended, shall not be required to obtain an
in-stream mining permit from
the chief under this chapter until
the existing permit expires. (B) Exceed the limits of a surface
or in-stream mining
permit or
amendment to a permit by
mining land contiguous to an
area of land
affected under a permit or
amendment, which
contiguous land is not
under
a permit or amendment; (C) Purposely misrepresent or omit any material fact in an
application for a
surface
or in-stream mining permit or amendment,
an annual or
final report, or
in
any
hearing or investigation
conducted by the
chief
of the division of mineral
resources
management or the
reclamation
commission; (D) Fail to perform any measure set forth in the approved
plan of mining and
reclamation that is necessary to prevent damage
to adjoining property or to
achieve a performance standard
required in division (A)(9)(10) of section
1514.02 of the
Revised
Code, or violate any other requirement of this chapter, a rule
adopted
thereunder, or an order of the chief; (E) Conduct surface excavations of minerals within any of
the
following: (1) One hundred twenty feet horizontal distance outward from
the highwater
mark on each bank of an area designated as a wild,
scenic, or recreational
river area under sections 1517.14 to
1517.18 of the Revised Code or of a portion of a river
designated
as a component of the national wild and scenic river system under
the "Wild and Scenic Rivers Act," 82
Stat. 906 (1968), 16 U.S.C.
1274, as
amended; (2) Seventy-five feet horizontal distance outward from the
highwater mark
on each bank of a watercourse that drains a surface
area of more than one
hundred square miles; (3) Fifty feet horizontal distance outward from the
highwater mark on each
bank of a watercourse that drains a surface
area of more than twenty-five
square miles, but fewer than one
hundred square miles unless a variance is
obtained under rules
adopted by the chief. (F) Conduct any surface mining activity within any of the
following: (1) Seventy-five feet horizontal distance outward from the
highwater mark
on each bank of an area designated as a wild,
scenic, or recreational river
area under sections 1517.14 to
1517.18 of the Revised Code or of a portion of a river
designated
as a component of the national wild and scenic river system under
the "Wild and Scenic Rivers Act," 82
Stat. 906 (1968), 16 U.S.C.
1274, as
amended; (2) Seventy-five feet horizontal distance outward from the
highwater mark
on each bank of a watercourse that drains a surface
area of more than one
hundred square miles; (3) Fifty feet horizontal distance outward from the
highwater mark on each
bank of a watercourse that drains a surface
area of more than twenty-five
square miles, but fewer than one
hundred square miles unless a variance is
obtained under rules
adopted by the chief. A person who has been issued a surface mining permit prior to
the effective
date of this amendment may continue to operate under
that permit and shall not
be subject to the prohibitions
established in divisions (E) and
(F) of this section until the
permit is renewed. The number of square miles of surface area that a watercourse
drains shall
be determined by consulting the "gazetteer of Ohio
streams," which is
a portion of the Ohio water plan inventory
published in 1960 by the
division of water in the department of
natural resources, or its successor, if
any.
(G)
Engage in any part of a process that is followed in the
production of minerals from the bottom of the channel of a
watercourse in any
of the following circumstances or areas: (1) In an area designated as a wild, scenic, or recreational
river area under sections 1517.14 to 1517.18 of the Revised Code,
in a portion of a river designated as a component of the national
wild and
scenic river system under the
"Wild and
Scenic
Rivers
Act," 82
Stat. 906 (1968), 16 U.S.C. 1274,
as amended, or within
one-half
mile upstream of any portion of such an
area or
component; (2) During periods other than periods of low flow, as
determined
by rules adopted under section 1514.08 of the Revised
Code; (3) During critical fish spawning seasons as determined by
the
chief of the division of wildlife under Chapter 1531. of the
Revised Code and rules
adopted
under it; (4) In an area known to possess critical spawning habitat
for a
species of fish that is on the federal endangered species
list
established in accordance with the "Endangered Species
Act of
1973," 87 Stat. 884, 16 U.S.C. 1531-1543,
as amended, or the state
endangered species list established in rules adopted under section
1531.25 of the Revised Code. Division (G) of this section does not apply to the activities
described in divisions (M)(1) and (2) of section 1514.01
of the
Revised Code.
Sec. 1514.11. In
addition to the purposes authorized in
section 1514.06 of the Revised Code,
the chief of the
division of
mineral resources management may use moneys in the surface
mining
fund
created under that section for the
administration and
enforcement of this chapter, for the reclamation of land
affected
by
surface
or in-stream mining under a permit issued under this
chapter
that the operator
failed to reclaim and for which the
performance bond filed by the operator is
insufficient to complete
the reclamation, and for the reclamation of land
affected by
surface
or in-stream mining that was abandoned and left
unreclaimed and for
which no permit was issued or bond filed under
this chapter. For
purposes of this section, the chief shall
expend moneys in the fund in accordance with the procedures and
requirements
established in section 1514.06 of the Revised Code
and may
enter
into contracts and perform work in accordance with
that section. Fees collected under sections
1514.02 and 1514.03 of the
Revised Code, one-half of the moneys collected from the severance
taxes levied under divisions (A)(3) and (4) of section 5749.02 of
the Revised Code, and all of the moneys collected from the
severance tax levied under division (A)(7) of section 5749.02 of
the Revised Code shall be credited to the fund in accordance with
those sections. Notwithstanding any section of the Revised Code
relating to the distribution or crediting of fines for violations
of the Revised Code, all fines imposed under section 1514.99 of
the Revised Code shall be credited to the fund.
Sec. 1514.12. (A) Explosives shall be used in a manner
that
prevents injury to persons and
damage to public or private
property
that is located outside the area for which a permit was
issued under section
1514.02 or 1514.021 of
the Revised Code. (B) The ground vibration resulting from the use of
explosives when measured at any dwelling, public or commercial
building,
school, church, or
community or
institutional building
that is located outside the area for
which a permit was issued
under section 1514.02 or 1514.021 of
the
Revised Code and that is
not owned by the operator shall
not
exceed the frequency-dependent
particle velocity limits listed in
the
"report of
investigations
8507,
appendix
B --
alternative
blasting level
criteria, (1980),"
published by the former United
States bureau of
mines, or other
limits established by rule. (C) The airblast resulting from the use of explosives when
measured with a two hertz high-pass system at any location listed
in
division (B) of this section shall not exceed a level
of one
hundred thirty-three decibels. (D) On and after July 1, 2003, all blasting in surface
mining
shall be conducted by persons who are trained and competent
in blasting as
certified by the chief of the division of mineral
resources
management or a certifying authority approved by the
chief. (E) The chief shall adopt, and may amend and rescind, rules
in
accordance with Chapter 119. of the Revised Code
establishing
requirements and standards governing all of the following: (1) Seismographic monitoring and alternate methods to prove
compliance
with the ground vibration limits established under
division
(B) of this section and the airblast limits established
under division (C) of this section; (2) Protection of any building or structure not listed in
division
(B) of this section; (3) Training, examination, and certification of persons
conducting
blasting in surface mining and suspension or revocation
of
certifications; (4) Standard blast warning and all-clear signals; (5) Blasting records and flyrock reporting requirements; (6) Safety measures for blasting in surface mining.
(F) The chief may adopt rules under this section that
establish limits on the amount of ground vibration resulting from
the use of explosives that is permissible when measured at the
locations described in division (B) of this section.
Sec. 1514.13. (A) The
chief of the division of mineral
resources management shall use the
compilation of
data for
ground
water modeling submitted under section 1514.02 of the
Revised Code
to establish a
projected cone of depression for any surface mining
operation that may result
in dewatering. An applicant for a
surface mining permit for such an
operation may
submit ground
water modeling that shows a projected
cone of
depression for that
operation to the chief, provided that
the
modeling complies with
rules adopted by the chief regarding
ground
water modeling.
However, the chief shall establish the
projected cone of
depression for the purposes of this section. The
chief shall adopt, and may amend and rescind, rules in
accordance with
Chapter
119. of the Revised Code establishing
requirements and
standards
governing both of the following: (1) Ground water modeling for establishing a projected cone
of
depression. A ground water model shall be generally accepted
in the
scientific community. (2) Replacement of water supplies. (B)(1) If an owner of real property who obtains all or part
of
the
owner's water supply for domestic, agricultural,
industrial, or other
legitimate use from ground water
has a
diminution, contamination, or interruption of that water
supply
and the owner's real property is located within the projected cone
of
depression of a surface mining operation established under this
section,
the owner may submit a written complaint to the operator
of
that operation informing the operator that there is a
diminution,
contamination, or interruption of the owner's water
supply. The complaint
shall include the owner's name,
address,
and telephone number. The operator immediately shall send to the chief a copy of
the
complaint and include a statement that explains how the
operator resolved
or will resolve the complaint. Not later than
seventy-two hours after receipt of
the complaint, the operator
shall provide the owner a supply of water that is
comparable, in
quantity and quality,
to the owner's water supply prior to the
diminution,
contamination, or interruption of the owner's water
supply. The
operator shall maintain that water supply until the
operator
provides a permanent replacement water supply to the
owner under
division (B)(3) of this section or until the division
of mineral
resources management completes the evaluation under
division (B)(2)
of this
section, whichever is
applicable. (2) A rebuttable presumption exists that the operation
caused the
diminution, contamination, or interruption of the
owner's water supply.
However, not later than fourteen days after
receipt
of the complaint, the operator may submit to the division
information
showing that the operation is not the proximate cause
of the
diminution, contamination, or interruption of the owner's
water
supply. The division shall evaluate the information
submitted by the operator
to determine if the presumption is
rebutted. If the operator fails to rebut
the
presumption, the
division immediately shall notify the operator that the
operator
failed to rebut the presumption. Not later than fourteen days
after
receipt of that
notice, the operator shall provide the owner
a permanent
replacement water supply that is comparable, in
quantity and
quality, to the owner's water supply prior to the
diminution,
contamination, or interruption of the owner's water
supply. If
the operator rebuts the presumption, the
division
immediately shall notify the operator that the operator rebutted
the
presumption,
and,
upon receipt of that notice, the operator
may cease providing a
supply of water to the owner under division
(B)(1) of this section. (3) If, within fourteen days after receipt of the complaint,
the
operator does not submit to the division information showing
that the
operation
is not the proximate cause of the diminution,
contamination, or
interruption of the owner's water supply, the
operator shall
provide the owner, not later than twenty-eight days
after receipt
of the complaint, a permanent replacement water
supply that is
comparable, in quantity and quality, to the owner's
water supply
prior to the diminution, contamination, or
interruption of the
owner's water supply. (4) The division may investigate a
complaint under division
(B) of this section. (C) If an owner of real property who obtains all or part of
the
owner's water supply for domestic, agricultural, industrial,
or other
legitimate use from ground water
has a diminution,
contamination, or interruption of that water
supply and the
owner's real property is not located within the
projected cone of
depression of a surface mining operation established under
this
section,
the owner may submit a written complaint to the operator
of
that operation or to the chief informing the operator or the
chief that
there is a diminution, contamination, or interruption
of the owner's
water supply. The complaint shall include the
owner's name,
address, and telephone number. If the operator receives a written complaint,
the operator
immediately shall send the chief a
copy of the complaint.
If the
chief receives a written complaint,
the chief immediately shall
send the operator a copy of the complaint.
The chief shall
investigate any
complaint submitted under this division and, upon
completion of the
investigation, immediately shall send
the
results of the investigation to the
operator and to the owner
that
filed the complaint. An owner that submits a written complaint under this division
may resolve the diminution, contamination, or interruption of
the
owner's water supply with the operator of that
operation or may
commence a civil action for that purpose. (D) An operator may request the chief to amend the plan of
mining
and reclamation filed with the application under section
1514.02 of
the Revised Code when a ground water user may affect
the projected cone of depression established for the operation
under division
(A) of this section. The operator shall submit
additional data
that reflect the ground water user's impact on the
ground
water. The chief shall perform ground water modeling using
the
additional data and may establish a revised projected cone of
depression for that operation. (E) This section shall not be construed as creating,
modifying,
or affecting any right, liability, or remedy of surface
riparian
owners.
Sec. 1514.99. (A) Whoever violates division (A)(1) or (2)
of
section
1514.10 of the Revised Code may be fined not more than
five
thousand dollars plus not more than one thousand dollars per
acre
of land affected, and is responsible for achieving
reclamation of
the land as required pursuant to
Chapter 1514. of
the Revised Code
this chapter. (B) Whoever violates division (B) of section 1514.10 of
the
Revised Code may be fined not more than one thousand dollars
per
acre of land affected that is not under permit, and is
responsible
for achieving reclamation of the land as required
pursuant to
Chapter 1514. of the Revised Code
this chapter. (C) Whoever violates division (C) of section 1514.10 of
the
Revised Code may be fined not less than one hundred nor more
than
one thousand dollars, or imprisoned not more than six
months, or
both. (D) Whoever violates division (D), (E),
(F), or (G) of
section
1514.10 of
the Revised Code may be fined not less than one
hundred
nor more
than one thousand dollars for a first offense.
For each
subsequent offense, on one or more permits held by such
persons,
such person may be fined not less than two hundred nor
more than
five thousand dollars, or imprisoned not more than six
months, or
both. The permit of any person convicted of a third
offense may
be revoked by the court at the time of
such
that
conviction, and
such
the
court at
such
that time may further order
that no permit
or
amendment
to
a permit may be issued to
such
that
person under
Chapter
1514. of the
Revised Code
this chapter for a
period of
five years from the date
of
such
the
conviction.
Nothing
contained in this section shall be construed
to limit or
affect
the authority of the chief
of the division of mineral
resources
management granted by this chapter.
Section 2. That existing sections 1514.01, 1514.02,
1514.021,
1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 1514.08,
1514.09,
1514.10, 1514.11, and 1514.99
of the Revised Code are
hereby
repealed.
Section 3. The repeal of the performance standard in
division (A)(10)(b) of
section 1514.02 of the Revised Code, as
amended by this act, shall apply to
all
applications for a surface
or in-stream mining permit, including applications
for an initial
surface
or in-stream mining permit or a renewal permit, or for
an
amendment to a permit
or to the mining and reclamation plan
pertaining to
an
existing
permit, that are filed with the Division
of Mineral
Resources
Management on and after the effective date of
this act, but shall
not apply to applications that were filed
prior to the effective
date of this
act.
|
|