130th Ohio General Assembly
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Sub. S. B. No. 83  As Reported by the Senate Energy, Natural Resources and Environment Committee
As Reported by the Senate Energy, Natural Resources and Environment Committee

124th General Assembly
Regular Session
2001-2002
Sub. S. B. No. 83


SENATORS Carnes, Robert Gardner



A BILL
To amend sections 1514.01, 1514.02, 1514.021, 1514.031
to 1514.11, 1514.99, and 5749.02 and to enact 2
sections 1514.022, 1514.023, 1514.024, 1514.071, 3
1514.072, 1514.12, and 1514.13 of the Revised Code 4
to revise the statutes governing the surface and 5
in-stream mining of minerals other than coal, to 6
increase the severance tax on specified natural 7
resources, and to require the Director of Natural 8
Resources to conduct a study of the Mineral 9
Resources Management's safety inspection program 10
for noncoal surface mining.11


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

       Section 1.  That sections 1514.01, 1514.02, 1514.021,12
1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 1514.08, 1514.09,13
1514.10, 1514.11, 1514.99, and 5749.02 be amended and sections 14
1514.022, 1514.023, 1514.024, 1514.071, 1514.072, 1514.12, and15
1514.13 of the Revised Code be enacted to read as follows:16

       Sec. 1514.01.  (A) As used in this chapter:17

       (A) "Surface mining" means all or any part of a process18
followed in the production of minerals from the earth or from the19
surface of the land by surface excavation methods, such as open20
pit mining, dredging, placering, or quarrying, and includes the21
removal of overburden for the purpose of determining the location,22
quantity, or quality of mineral deposits, and the incidental23
removal of coal at a rate less than one-sixth the total weight of24
minerals and coal removed during the year, but does not include:25
test or exploration boring; mining operations carried out beneath26
the surface by means of shafts, tunnels, or similar mine openings;27
the extraction of minerals, other than coal, by a landowner for28
his the landowner's own noncommercial use where such material is29
extracted and used in an unprocessed form on the same tract of30
land; the extraction of minerals, other than coal, from borrow31
pits for highway construction purposes, provided that the32
extraction is performed under a bond, a contract, and33
specifications that substantially provide for and require34
reclamation practices consistent with the requirements of this35
chapter; the removal of minerals incidental to construction work,36
provided that the owner or person having control of the land upon37
which the construction occurs, the contractor, or the construction38
firm possesses a valid building permit; or the removal of minerals39
to a depth of not more than five feet, measured from the highest40
original surface elevation of the area to be excavated, where not41
more than one acre of land is excavated during twelve successive42
calendar months; or routine dredging of a watercourse for purely43
navigational purposes during which materials are removed for44
noncommercial purposes.45

       (B) "Minerals" means sand, gravel, clay, shale, gypsum,46
halite, limestone, dolomite, sandstone, other stone, metalliferous47
or nonmetalliferous ore, or other material or substance of48
commercial value excavated in a solid state from natural deposits49
on or in the earth, but does not include coal or peat.50

       (C) "Overburden" means all of the earth and other materials51
that cover a natural deposit of minerals and also means such earth52
and other materials after removal from their natural state in the53
process of surface mining.54

       (D) "Spoil bank" means a pile of removed overburden.55

       (E) "Area of land affected" means the area of land that has56
been excavated, or upon which a spoil bank exists, or both.57

       (F)(1) "Operation" or "surface mining operation" means all58
of the premises, facilities, and equipment used in the process of59
removing minerals, or minerals and incidental coal, by surface60
mining from a mining area in the creation of which mining area61
overburden or minerals, or minerals and incidental coal, are62
disturbed or removed, such surface mining area being located upon63
a single tract of land or upon two or more contiguous tracts of64
land. Separation by a stream or roadway shall not preclude the65
tracts from being considered contiguous.66

       (2) When the context indicates, "operation" or "in-stream67
mining operation" means all of the premises, facilities, and68
equipment used in the process of removing minerals by in-stream69
mining from a mining area.70

       (G) "Operator" means any person engaged in surface mining71
who removes minerals, or minerals and incidental coal, from the72
earth by surface mining or who removes overburden for the purpose73
of determining the location, quality, or quantity of a mineral74
deposit. "Operator" also means any person engaged in in-stream75
mining who removes minerals from the bottom of the channel of a76
watercourse by in-stream mining.77

       (H) "Performance bond" means the surety bond required to be78
filed under section 1514.04 of the Revised Code and includes cash,79
an irrevocable letter of credit, and negotiable certificates of80
deposit authorized to be deposited in lieu of the surety bond81
under that section.82

       (I) "Dewatering" means the withdrawal of ground water from an83
aquifer or saturated zone that may result in the lowering of the84
water level within the aquifer or saturated zone or a decline of85
the potentiometric surface within that aquifer or saturated zone.86

       (J) "Ground water" means all water occurring in an aquifer.87

       (K) "Cone of depression" means a depression or low point in88
the water table or potentiometric surface of a body of ground89
water that develops around a location from which ground water is90
being withdrawn.91

       (L) "High water mark" means the line on the shore that is92
established by the fluctuations of water and indicated by physical93
characteristics such as a natural line impressed on the bank;94
shelving; changes in the character of soil; destruction of95
terrestrial vegetation; the presence of litter and debris; or96
other appropriate means that consider the characteristics of the97
surrounding area.98

       (M) "In-stream mining" means all or any part of a process99
followed in the production of minerals from the bottom of the100
channel of a watercourse that drains a surface area of more than101
one hundred square miles. "In-stream mining" may be accomplished102
by using any technique or by using surface excavation methods,103
such as open pit mining, dredging, placering, or quarrying, and104
includes the removal of overburden for the purpose of determining105
the location, quantity, or quality of mineral deposits. "In-stream106
mining" does not include either of the following:107

       (1) Routine dredging for purely navigational purposes during108
which materials are removed for noncommercial purposes;109

       (2) The extraction of minerals, other than coal, by a110
landowner for the landowner's own noncommercial use when the111
material is extracted and used in an unprocessed form on the same112
tract of land.113

       For purposes of division (M) of this section, the number of114
square miles of surface area that a watercourse drains shall be115
determined by consulting the "gazetteer of Ohio streams," which is116
a portion of the Ohio water plan inventory published in 1960 by117
the division of water in the department of natural resources, or118
its successor, if any.119

       (N) In provisions concerning in-stream mining, when the120
context is appropriate, "land" is deemed to include an area of a121
watercourse.122

       (O) "Watercourse" means any naturally occurring perennial or123
intermittent stream, river, or creek flowing within a defined124
stream bed and banks.125

       Sec. 1514.02.  (A) After the dates the chief of the division126
of mineral resources management prescribes by rule pursuant to127
section 1514.08 of the Revised Code, but not later than July 1,128
1977, nor earlier than July 1, 1975, no operator shall engage in129
surface mining or conduct a surface mining operation without a130
surface mining permit issued by the chief.131

       No person shall engage in in-stream mining or conduct an132
in-stream mining operation without an in-stream mining permit133
issued by the chief. However, a person who, on the effective date134
of this amendment, holds a valid permit to conduct in-stream135
mining that is issued under section 10 of the "Rivers and Harbors136
Appropriation Act of 1899," 30 Stat. 1151, 33 U.S.C. 403, as137
amended, shall not be required to obtain an in-stream mining138
permit from the chief under this section until the existing permit139
expires.140

       An application for a surface or in-stream mining permit shall141
be upon the form that the chief prescribes and provides and shall142
contain all of the following:143

       (1) The name and address of the applicant, of all partners144
if the applicant is a partnership, or of all officers and145
directors if the applicant is a corporation, and any other person146
who has a right to control or in fact controls the management of147
the applicant or the selection of officers, directors, or managers148
of the applicant;149

       (2) A list of the minerals and coal, if any coal, sought to150
be extracted, an estimate of the annual production rates for each151
mineral and coal, and a description of the land upon which the152
applicant proposes to engage in a surface or in-stream mining153
operation, which description shall set forth the name names of the154
counties, townships, and municipal corporations, if any, in which155
the land is located; the location of its boundaries; and a156
description of the land of sufficient certainty that it may be157
located and distinguished from other lands;158

       (3) The name of each county, township, or municipal159
corporation, if any, that has in effect a zoning resolution or160
ordinance that would affect the proposed surface or in-stream161
mining operation or, if no such zoning resolution or ordinance is162
in effect, a statement attesting to that fact. The application163
also shall contain an explanation of how the applicant intends to164
comply with any applicable provisions of a zoning resolution or165
ordinance.166

       (4) An estimate of the number of acres of land that will167
comprise the total area of land to be affected and an estimate of168
the number of acres of land to be affected during the first year169
of operation under the permit;170

       (4)(5) The name and address of the owner of surface rights171
in the land upon which the applicant proposes to engage in surface172
or in-stream mining;173

       (5)(6) A copy of the deed, lease, or other instrument that174
authorizes entry upon the land by the applicant or the applicant's175
agents if surface rights in the land are not owned by the176
applicant;177

       (6)(7) A statement of whether any surface or in-stream178
mining permits or coal mining and reclamation permits are now held179
by the applicant in this state and, if so, the numbers of the180
permits;181

       (7)(8) A statement of whether the applicant, any partner if182
the applicant is a partnership, any officer or director if the183
applicant is a corporation, or any other person who has a right to184
control or in fact controls the management of the applicant or the185
selection of officers, directors, or managers of the applicant has186
ever had a surface or in-stream mining permit or coal mining and187
reclamation permit issued by this or any other state suspended or188
revoked or has ever forfeited a surface or in-stream mining or189
coal mining and reclamation bond or cash, an irrevocable letter of190
credit, or a security deposited in lieu of a bond;191

       (8)(9) A report of the results of test borings that the192
operator has conducted on the area or otherwise has readily193
available, including, to the extent that the information is194
readily available to the operator, the nature and depth of195
overburden and material underlying each mineral or coal deposit,196
and the thickness and extent of each mineral or coal deposit. In197
the case of an application for an in-stream mining permit, the198
report additionally shall include sufficient information to show199
the approximate depth to bedrock. All information relating to200
test boring results submitted to the chief pursuant to this201
section shall be kept confidential and not made a matter of public202
record, except that the information may be disclosed by the chief203
in any legal action in which the truthfulness of the information204
is material.205

       (9)(10) A complete plan for surface or in-stream mining and206
reclamation of the area to be affected, which shall include a207
statement of the intended future uses of the area and show the208
approximate sequence in which mining and reclamation measures are209
to occur, the approximate intervals following mining during which210
the reclamation of all various parts of the area affected will be211
completed, and the measures the operator will perform to prevent212
damage to adjoining property and to achieve all of the following213
general performance standards for mining and reclamation:214

       (a) Prepare the site adequately for its intended future uses215
upon completion of mining;216

       (b) Where a plan of zoning or other comprehensive plan has217
been adopted that governs land uses or the construction of public218
improvements and utilities for an area that includes the area219
sought to be mined, ensure that future land uses within the site220
will not conflict with the plan;. On and after the effective date 221
of this amendment, division (A)(10)(b) of this section does not 222
apply to any surface or in-stream mining permit or applications 223
for a surface or in-stream mining permit, any renewal of an 224
existing surface or in-stream mining permit or application for a 225
renewal of an existing surface or in-stream mining permit, any 226
amendment or application for an amendment to an existing surface 227
or in-stream mining permit, or any modification or application for 228
a modification of a mining and reclamation plan of an existing 229
surface or in-stream mining permit unless the application for such 230
a permit, renewal, amendment, or modification is a resubmission, 231
revision, or reconsideration of an application that was pending 232
before the chief prior to the effective date of this amendment.233

       (c) Grade, contour, or terrace final slopes, wherever234
needed, sufficient to achieve soil stability and control235
landslides, erosion, and sedimentation. Highwalls will be236
permitted if they are compatible with the future uses specified in237
the plan and measures will be taken to ensure public safety. 238
Where ponds, impoundments, or other resulting bodies of water are239
intended for recreational use, establish banks and slopes that240
will ensure safe access to those bodies of water. Where such241
bodies of water are not intended for recreation, include measures242
to ensure public safety, but access need not be provided.243

       (d) Resoil the area of land affected, wherever needed, with 244
topsoil or suitable subsoil, fertilizer, lime, or soil amendments, 245
as appropriate, in sufficient quantity and depth to raise and 246
maintain a diverse growth of vegetation adequate to bind the soil 247
and control soil erosion and sedimentation;248

       (e) Establish a diverse vegetative cover of grass and249
legumes or trees, grasses, and legumes capable of250
self-regeneration and plant succession wherever required by the251
plan;252

       (f) Remove or bury any metal, lumber, equipment, or other253
refuse resulting from mining, and remove or bury any unwanted or254
useless structures;255

       (g) Reestablish boundary, section corner, government, and256
other survey monuments that were removed by the operator;257

       (h) During mining and reclamation, ensure that258
contamination, resulting from mining, of underground water259
supplies is prevented. Upon completion of reclamation, ensure260
that any watercourse, lake, or pond located within the site261
boundaries is free of substances resulting from mining in amounts262
or concentrations that are harmful to persons, fish, waterfowl, or263
other beneficial species of aquatic life.264

       (i) During mining and reclamation, control drainage so as to 265
prevent the causing of flooding, landslides, and flood hazards to 266
adjoining lands resulting from the mining operation. Leave any267
ponds in such condition as to avoid their constituting a hazard to268
adjoining lands.269

       (j) During mining and reclamation, ensure that the effect of270
any reduction of the quantity of ground water is minimized;271

       (j)(k) Ensure that mining and reclamation are carried out in272
the sequence and manner set forth in the plan and that reclamation273
measures are performed in a timely manner. All reclamation of an274
area of land affected shall be completed no later than three years275
following the mining of the area unless the operator makes a276
showing satisfactory to the chief that the future use of the area277
requires a longer period for completing reclamation.278

       (k)(l) During mining, store topsoil or fill in quantities279
sufficient to complete the backfilling, grading, contouring,280
terracing, and resoiling that is are specified in the plan. 281
Stabilize the slopes of and plant each spoil bank to control soil282
erosion and sedimentation wherever substantial damage to adjoining283
property might occur.284

       (l)(m) During mining, promptly remove, store, or cover any285
coal, pyritic shale, or other acid producing materials in a manner286
that will minimize acid drainage and the accumulation of acid287
water;288

       (m)(n) During mining, detonate explosives in a manner that289
will prevent damage to adjoining property;290

       (o) In the case of in-stream mining, do all of the291
following:292

       (i) Limit access to the channel of a watercourse to a single293
point of entry on one bank of the watercourse;294

       (ii) Maintain riparian vegetation to the fullest extent295
possible;296

       (iii) Upon cessation of in-stream mining, stabilize and297
reclaim to the pre-mined condition the banks of a watercourse298
affected by in-stream mining.299

       (10)(11) For any applicant, except an applicant for an300
in-stream mining permit, who intends to extract less than ten301
thousand tons of minerals per year and no incidental coal, a302
current tax map, in triplicate and notarized, and the appropriate303
United States geological survey seven and one-half minute304
topographic map. Each copy shall bear the applicant's name and305
shall identify the area of land to be affected corresponding to306
the application.307

       (11)(12) For any applicant for a surface mining permit who308
intends to extract ten thousand tons of minerals or more per year309
or who intends to extract any incidental coal irrespective of the310
tonnage of minerals intended to be mined, a map, in triplicate, on311
a scale of not more than four hundred feet to the inch, or three312
copies of an enlarged United States geological survey topographic313
map on a scale of not more than four hundred feet to the inch.314
Each application for an in-stream mining permit shall include such315
a map regardless of the tons of minerals that the applicant316
intends to extract.317

       The map shall comply with all of the following:318

       (a) Be prepared and certified by a professional engineer or319
surveyor registered under Chapter 4733. of the Revised Code;320

       (b) Identify the area of land to be affected corresponding321
to the application;322

       (c) Show the probable limits of subjacent and adjacent deep,323
strip, or surface, or in-stream mining operations, whether active,324
inactive, or mined out;325

       (d) Show the boundaries of the area of land to be affected326
during the period of the permit and the area of land estimated to327
be affected during the first year of operation, and name the328
surface and mineral owners of record of the area and the owners of329
record of adjoining surface properties;330

       (e) Show the names and locations of all streams, creeks, or331
other bodies of water, roads, railroads, utility lines, buildings,332
cemeteries, and oil and gas wells on the area of land to be333
affected and within five hundred feet of the perimeter of the334
area;335

       (f) Show the counties, municipal corporations, townships,336
and sections in which the area of land to be affected is located;337

       (g) Show the drainage plan on, above, below, and away from338
the area of land to be affected, indicating the directional flow339
of water, constructed drainways, natural waterways used for340
drainage, and the streams or tributaries receiving or to receive341
this discharge;342

       (h) Show the location of available test boring holes that343
the operator has conducted on the area of land to be affected or344
otherwise has readily available;345

       (i) Show the date on which the map was prepared, the north346
direction and the quadrangle sketch, and the exact location of the347
operation;348

       (j) Show the type, kind, location, and references of all349
existing boundary, section corner, government, and other survey350
monuments within the area to be affected and within five hundred351
feet of the perimeter of the area.352

       The certification of the maps shall read: "I, the353
undersigned, hereby certify that this map is correct, and shows to354
the best of my knowledge and belief all of the information355
required by the surface or in-stream mining laws, as applicable,356
of the state." The certification shall be signed and attested357
before a notary public. The chief may reject any map as incomplete358
if its accuracy is not so certified and attested.359

       (12)(13) A certificate of public liability insurance issued360
by an insurance company authorized to do business in this state or361
obtained pursuant to sections 3905.30 to 3905.35 of the Revised362
Code covering all surface or in-stream mining operations of the363
applicant in this state and affording bodily injury and property364
damage protection in amounts not less than the following:365

       (a) One hundred thousand dollars for all damages because of366
bodily injury sustained by one person as the result of any one367
occurrence, and three hundred thousand dollars for all damages368
because of bodily injury sustained by two or more persons as the369
result of any one occurrence;370

       (b) One hundred thousand dollars for all claims arising out371
of damage to property as the result of any one occurrence, with an372
aggregate limit of three hundred thousand dollars for all property373
damage to which the policy applies.374

       (14) A sworn statement by the applicant that, during the375
term of any permit issued under this chapter or of any renewal of376
such a permit, the applicant will comply with all applicable377
zoning resolutions or ordinances that are in effect at the time378
the application is filed unless the resolutions or ordinances379
subsequently become invalid during the term of the permit or380
renewal;381

       (15) A copy of the advertisement that the applicant is382
required to have published in accordance with section 1514.022 of383
the Revised Code, if applicable;384

       (14)(16) For any applicant whose operation may result in385
dewatering, a compilation of data in a form that is prescribed by386
the chief and that is suitable to conduct ground water modeling in387
order to establish a projected cone of depression for purposes of388
section 1514.13 of the Revised Code. The chief shall adopt rules389
as provided in section 1514.08 of the Revised Code establishing390
the minimum requirements and standards governing the data required391
under this division.392

       (17) A statement by the applicant certifying that the393
applicant has communicated with the county engineer of the county394
in which the proposed surface or in-stream mining operation will395
be located regarding any streets and roads under the county396
engineer's jurisdiction that will be used by vehicles entering and397
leaving the proposed surface or in-stream mining operation;398

       (18) In the case of an application for an in-stream mining399
permit, a hydraulic evaluation of the watercourse prepared by a400
professional engineer registered under Chapter 4733. of the401
Revised Code. The hydraulic evaluation shall include, without402
limitation, all of the following:403

       (a) Soundings that depict the cross-sectional views of the404
channel bottom of the watercourse and water elevations for the405
watercourse;406

       (b) A profile of the channel bottom;407

       (c) An analysis of design flows and water surface profiles408
for the watercourse prior to in-stream mining and the proposed409
final mining condition;410

       (d) An analysis of the expected changes in the roughness411
coefficient, resistance to water flow velocity, and hydraulic412
gradient in the channel bottom due to the proposed mining;413

       (e) Any additional information that the chief requires in414
order to evaluate the potential impact of in-stream mining on the415
watercourse and to determine if any additional performance416
standards are required to protect the environment and property417
outside the limits of the operation as established in the permit.418

       (B) No permit application or amendment shall be approved by419
the chief if the chief finds that the reclamation described in the420
application will not be performed in full compliance with this421
chapter or that there is not reasonable cause to believe that422
reclamation as required by this chapter will be accomplished.423

       The chief shall issue an order denying an application for an424
operating permit or an amendment if the chief determines that the425
measures set forth in the plan are likely to be inadequate to426
prevent damage to adjoining property or to achieve one or more of427
the performance standards required in division (A)(9)(10) of this428
section.429

       No permit application or amendment shall be approved if the430
approval would result in a violation of division (E), (F), or (G)431
of section 1514.10 of the Revised Code.432

       No permit application or amendment shall be approved to433
surface mine land adjacent to a public road in violation of434
section 1563.11 of the Revised Code.435

       To ensure adequate lateral support, no permit application or436
amendment shall be approved to engage in surface or in-stream437
mining on land that is closer than fifty feet of horizontal438
distance to any adjacent land or waters in which the operator439
making application does not own the surface or mineral rights440
unless the owners of the surface and mineral rights in and under441
the adjacent land or waters consent in writing to surface or442
in-stream mining closer than fifty feet of horizontal distance.443
The consent, or a certified copy thereof, shall be attached to the444
application as a part of the permanent record of the application445
for a surface or in-stream mining permit.446

       The chief shall issue an order granting a permit upon the447
chief's approval of an application, as required by this section,448
filing of the performance bond required by section 1514.04 of the449
Revised Code, and payment of a permit fee in the amount of two450
five hundred fifty dollars and an acreage fee in the amount of451
thirty seventy-five dollars multiplied by the number of acres452
estimated in the application that will comprise the area of land453
to be affected within the first year of operation under the454
permit, but which acreage fee shall not exceed one thousand455
dollars per year.456

       The chief may issue an order denying a permit if the chief457
finds that the applicant, any partner if the applicant is a458
partnership, any officer or director if the applicant is a459
corporation, or any other person who has a right to control or in460
fact controls the management of the applicant or the selection of461
officers, directors, or managers of the applicant has462
substantially or materially failed to comply or continues to fail463
to comply with this chapter, which failure may consist of one or464
more violations thereof, a rule adopted thereunder, or an order of465
the chief or failure to perform reclamation as required by this466
chapter. The chief may deny or revoke the permit of any person467
who so violates or fails to comply or who purposely misrepresents468
or omits any material fact in the application for the permit or an469
amendment to a permit.470

       If the chief denies the permit, the chief shall state the471
reasons for denial in the order denying the permit.472

       Each permit shall be issued upon condition that the operator473
will comply with this chapter and perform the measures set forth474
in the operator's plan of mining and reclamation in a timely475
manner and upon the right of the. The chief, mineral resources476
inspectors, or other authorized representatives of the chief to477
may enter upon the premises of the operator at reasonable times478
for the purposes of determining whether or not there is compliance479
with this chapter.480

       (C) If the chief approves the an application for a surface481
mining permit, the order granting the permit shall authorize the482
person to whom the permit is issued to engage as the operator of a483
surface mining operation upon the land described in the permit484
during a period that shall expire ten fifteen years after the date485
of issuance of the permit, or upon the date when the chief, after486
inspection, orders the release of any remaining performance bond487
deposited to assure satisfactory performance of the reclamation488
measures required pursuant to this chapter, whichever occurs489
earlier.490

       If the chief approves an application for an in-stream mining491
permit, the order granting the permit shall authorize the person492
to whom the permit is issued to engage as the operator of an493
in-stream mining operation on the land described in the permit494
during a period that shall expire two years after the date of495
issuance of the permit, or on the date when the chief, after496
inspection, orders the release of any remaining bond, cash,497
irrevocable letters of credit, or certificates of deposit that498
were deposited to ensure satisfactory performance of the499
reclamation measures required under this chapter, whichever occurs500
earlier.501

       (D) Before an operator engages in a surface or in-stream502
mining operation on land not described in the operator's permit,503
but that is contiguous to the land described in the operator's504
permit, the operator shall file with the chief an application for505
an amendment to the operator's permit. Before approving an506
amendment, the chief shall require the information, maps, fees,507
and amount, except as otherwise provided by rule, of the508
performance bond as required for an original application under509
this section and shall apply the same prohibitions and510
restrictions applicable to land described in an original511
application for a permit. An applicant for a significant amendment512
to a permit, as "significant" is defined by rule, shall include a513
copy of the advertisement that the applicant is required to have514
published in accordance with section 1514.022 of the Revised Code. 515
If the chief disapproves the amendment, the chief shall state the516
reasons for disapproval in the order disapproving the amendment.517
Upon the approval of an amendment by the chief, the operator shall518
be authorized to engage in surface mining on the land or in-stream519
mining in the watercourse described in the operator's original520
permit plus the land or area of the watercourse described in the521
amendment until the date when the permit expires, or when the522
chief, after inspection, orders the release of any remaining523
performance bond deposited to assure satisfactory performance of524
the reclamation measures required pursuant to this chapter,525
whichever occurs earlier.526

       (E) An operator, at any time and upon application therefor527
and approval by the chief, may amend the plan of mining and528
reclamation filed with the application for a permit in order to529
change the reclamation measures to be performed, modify the530
interval after mining within which reclamation measures will be531
performed, change the sequence in which mining or reclamation will532
occur at specific locations within the area affected, mine acreage533
previously mined or reclaimed, or for any other purpose, provided534
that the plan, as amended, includes measures that the chief535
determines will be adequate to prevent damage to adjoining536
property and to achieve the performance standards set forth in537
division (A)(9)(10) of this section. An application for a538
significant amendment to a plan, as "significant" is defined by539
rule, shall include a copy of the advertisement that the applicant540
is required to have published in accordance with section 1514.022541
of the Revised Code.542

       The chief may propose one or more amendments to the plan in543
writing, within ninety days after the fifth anniversary of the544
date of issuance of the a surface mining permit and or within545
ninety days after the first anniversary of the date of issuance of546
an in-stream mining permit. The chief's proposal may be made upon547
a finding of any of the following conditions after a complete548
review of the plan and inspection of the area of land affected,549
and the plan shall be so amended upon written concurrence in the550
findings and approval of the amendments by the operator:551

       (1) An alternate measure, in lieu of one previously approved552
in the plan, will more economically or effectively achieve one or553
more of the performance standards.554

       (2) Developments in reclamation technology make an alternate555
measure to achieve one or more of the performance standards more556
economical, feasible, practical, or effective.557

       (3) Changes in the use or development of adjoining lands558
require changes in the intended future uses of the area of land559
affected in order to prevent damage to adjoining property.560

       (F) The chief shall issue an order granting or denying an561
operating permit or amendment to a permit or approving or denying562
an amendment to the operator's plan of mining and reclamation563
within ninety days after the filing of an application therefor. 564
If the chief fails to act within that period with respect to a565
surface mining operation that existed prior to the initial date by566
which the chief requires a permit to be obtained, the operator may567
continue the operation until the chief issues an order denying a568
permit for the operation, and if the operator elects to appeal the569
order pursuant to section 1513.13 of the Revised Code, until the570
reclamation commission affirms the order of the chief denying the571
permit, and if the operator elects to appeal the order of the572
commission pursuant to section 1513.14 of the Revised Code, until573
the court of common pleas affirms the order The holder of a574
surface or in-stream mining permit who desires to transfer the575
rights granted under the permit to another person at any time576
during the term of the permit or its renewal shall file with the577
chief an application for the transfer of the permit. The chief 578
shall issue an order approving or disapproving the transfer of the 579
permit in accordance with criteria and procedures established by 580
rule.581

       Sec. 1514.021.  (A) A permit holder who wishes to continue582
surface or in-stream mining operations after the expiration date583
of the existing permit or renewal permit shall file with the chief584
of the division of mineral resources management an application for585
renewal of a surface or in-stream mining permit or renewal permit586
at least ninety days before the expiration date of the existing587
permit or renewal permit. The application shall be upon the form588
that the chief prescribes and provides and shall be accompanied by589
the a permit fees required under division (B) of section 1514.02590
of the Revised Code renewal fee in the amount of one thousand591
dollars.592

       (B) Upon receipt of an application for renewal and the593
permit renewal fee under division (A) of this section, the chief594
shall notify the applicant to submit a map that is a composite of595
the information required to be contained in the most recent annual596
report map under section 1514.03 of the Revised Code and of all597
surface or in-stream mining and reclamation activities conducted598
under the existing permit or renewal permit; the annual report599
required under section 1514.03 of the Revised Code; in the case of600
an applicant proposing a significant change to the plan of mining601
and reclamation, as "significant" is defined by rule, a copy of602
the advertisement that the applicant is required to have published603
in accordance with section 1514.022 of the Revised Code; and604
additional maps, plans, and revised or updated information that605
the chief determines to be necessary for permit renewal. Within606
sixty days after receipt of this notification, the applicant shall607
submit all the required information to the chief.608

       (C)(1) Upon receipt of the information required under609
division (B) of this section and except as otherwise provided in610
division (C)(2) of this section, the chief may shall approve the611
application for renewal and issue an order granting a renewal612
permit if unless the chief finds that both any of the following613
apply applies:614

       (1)(a) The permit holder's operation is not in substantial615
or material compliance with this chapter, rules adopted and orders616
issued under it, and the plan of mining and reclamation under the617
existing permit or renewal permit;.618

       (2)(b) The permit holder has not provided evidence that a619
performance bond filed under section 1514.04 of the Revised Code620
applicable to lands affected under the existing permit or renewal621
permit will remain effective until released under section 1514.05622
of the Revised Code.623

       (c) The permit holder, any partner if the applicant is a624
partnership, any officer or director if the applicant is a625
corporation, or any other person who has a right to control or in626
fact controls the management of the applicant or the selection of627
officers, directors, or managers of the applicant has failed628
substantially or materially to comply or continues to fail to629
comply with this chapter as provided in section 1514.02 of the630
Revised Code.631

       (2) If the application for renewal proposes significant632
changes to the plan of mining and reclamation, as "significant" is633
defined by rule, the chief may, but is not required to, approve634
the application for renewal.635

       (D) Within sixty days after receiving the information and636
permit renewal fees required under divisions (A) and (B) of this637
section, the chief shall approve the application for renewal and638
issue an order granting a renewal permit, issue an order denying639
the application, or notify the applicant that the time limit for640
issuing such an order has been extended. This extension of time641
shall not exceed sixty days.642

       (E) If an applicant for a renewal permit has complied with643
division (A) of this section, the applicant may continue surface644
or in-stream mining operations under the existing permit or645
renewal permit after its expiration date until the sixty-day646
period for filing the information required by the chief under647
division (B) of this section has expired or until the chief issues648
an order under division (D) of this section denying the renewal649
permit.650

       (F) A permit holder who fails to submit an application and651
required permit renewal fees within the time prescribed by652
division (A) of this section shall cease surface or in-stream653
mining operations on the expiration date of the existing permit or654
renewal permit. If such a permit holder then submits an655
application for renewal and the permit renewal fees otherwise656
required by division (A) of this section on or before the657
thirtieth day after the expiration date of the expired permit or658
renewal permit and provides the information required by the chief659
under division (B) of this section within sixty days after being660
notified of the information required under that division, the661
permit holder need not submit the final map and report required by662
section 1514.03 of the Revised Code until the later of thirty days663
after the chief issues an order denying the application for664
renewal or thirty days after the chief's order is affirmed upon665
appeal under section 1513.13 or 1513.14 of the Revised Code. An666
applicant under this division who fails to provide the information667
required by the chief under division (B) of this section within668
the prescribed time period shall submit the final map and report669
required by section 1514.03 of the Revised Code within thirty days670
after the expiration of that prescribed period.671

       (G) If the chief issues an order denying an application for672
renewal of a permit or renewal permit after the expiration date of673
the permit, the permit holder shall cease surface or in-stream674
mining operations immediately and, within thirty days after the675
issuance of the order, shall submit the final report and map676
required under section 1514.03 of the Revised Code. The chief677
shall state the reasons for denial in the order denying renewal of678
the application. An applicant may appeal the chief's order679
denying the renewal under section 1513.13 of the Revised Code and680
may continue surface or in-stream mining and reclamation681
operations under the expired permit until the reclamation682
commission affirms the chief's order under that section and, if683
the applicant elects to appeal the order of the commission under684
section 1513.14 of the Revised Code, until the court of appeals685
affirms the order.686

       (H) The approval of an application for renewal under this687
section authorizes the continuation of the an existing surface688
mining permit or renewal permit for a term of ten fifteen years689
from the expiration date of the existing permit.690

       The approval of an application for renewal under this section691
authorizes the continuation of an existing in-stream mining permit692
or renewal permit for a term of two years from the expiration date693
of the existing permit.694

       (I) Any renewal permit is subject to all the requirements of695
this chapter and rules adopted under it.696

       Sec. 1514.022.  (A) As used in this section:697

       (1) "Application" means any of the following:698

       (a) An application filed under division (A) of section699
1514.02 of the Revised Code for an initial permit for a proposed700
surface or in-stream mining operation;701

       (b) An application filed under division (D) of section702
1514.02 of the Revised Code for a significant amendment to a703
permit, as "significant" is defined by rule;704

       (c) An application filed under division (E) of section705
1514.02 of the Revised Code for a significant amendment to the706
plan of mining and reclamation that is proposed by the operator,707
as "significant" is defined by rule;708

        (d) An application filed under section 1514.021 of the709
Revised Code for the renewal of a permit if the application710
proposes a significant change to the plan of mining and711
reclamation, as "significant" is defined by rule.712

       (2) "Applicant" means a person who files an application.713

       (3) "Governmental agency" means each board of county714
commissioners, each board of township trustees, each legislative715
authority of a municipal corporation, and the planning716
commissioners having jurisdiction over all or part of the area of717
a surface or in-stream mining operation or a proposed surface or718
in-stream mining operation together with any other federal, state,719
or local governmental entities that the chief of the division of720
mineral resources management reasonably believes will be721
interested in an application.722

       (B)(1) Except as otherwise provided in division (D) of this723
section, an applicant shall submit to the chief a copy of the724
applicant's advertisement required to be published under this725
division of the ownership, precise location, and boundaries of726
land to be affected by the surface or in-stream mining operation727
or proposed surface or in-stream mining operation that is the728
subject of the application.729

       Upon receiving the application and advertisement, the chief730
shall designate a location at which the application will be731
available for public inspection and shall assign to the732
application an application identification number. When the chief733
determines that the application is substantially complete, the734
chief shall notify the applicant of the determination. At that735
time, the applicant shall place the advertisement, together with736
the application identification number and the notice of the737
location at which the application will be available for738
inspection, in a newspaper of general circulation in the locality739
of the operation or proposed operation at least once a week for740
four consecutive weeks.741

       (2) Except as otherwise provided in division (D) of this742
section, upon determining that an application is substantially743
complete, the chief shall provide written notice to governmental744
agencies. The notice shall include all of the information745
required to be published under division (B)(1) of this section746
together with the date by which any written comments or objections747
must be received by the chief for consideration in the review of748
the application. That date shall be the date that is thirty days749
following the date on which the chief sends the notice to the750
governmental agencies.751

       If requested by a governmental agency within thirty-five days752
following the date on which the governmental agency receives the753
written notice from the chief, the chief may hold an informal754
conference to aid in the public understanding of the permitting755
process. The informal conference shall be held within two weeks756
after the chief determines to hold such a conference and shall be757
held in the county in which the surface or in-stream mining758
operation is or is proposed to be located.759

       (C) Except as otherwise provided in division (D) of this760
section, an operation or any person having an interest that is or761
may be adversely affected by the operation or proposed operation762
and any governmental agency may file written comments about or763
objections to an application with the chief. In the case of764
interested persons who are not governmental agencies, the comments765
or objections shall be filed not later than thirty days after the766
last publication of the notice. In the case of governmental767
agencies, the comments or objections shall be filed not later than768
the date that the chief specified in the notice, except that at769
the chief's discretion, the chief may accept comments or770
objections from the agencies after that date if the chief771
considers doing so to be in the public interest. The chief772
immediately shall transmit comments or objections to the applicant773
and shall make them available to the public at the same location774
at which the application is available for inspection.775

       (D) Divisions (B) and (C) of this section do not apply if a776
plan of zoning has been adopted for the area that includes the777
location at which the operation is conducted or is proposed to be778
conducted and either of the following applies:779

       (1) The plan of zoning allows mining at the location at780
which the mining operation is or is proposed to be conducted.781

       (2) A zoning variance or conditional use certificate for a782
mining operation, for which public notice and opportunity for783
comment have been provided, has been received within three hundred784
sixty-five days prior to submittal of an application. In such a785
situation, an applicant shall provide the chief with a copy of the786
notice, certified by the publisher, that was previously published.787

       Sec. 1514.023.  Nothing in this chapter or rules adopted788
under it shall be construed to prevent any county, township, or789
municipal corporation from enacting, adopting, or enforcing zoning790
resolutions or ordinances. However, the chief of the division of791
mineral resources management shall not enforce such zoning792
resolutions or ordinances.793

       Sec. 1514.024.  A local authority may enter into an agreement794
with the operator of a surface or in-stream mining operation or of795
a proposed surface or in-stream mining operation for the796
improvement of roads under the jurisdiction of that local797
authority that may be affected by the operation or for other798
improvements within the jurisdiction of that local authority.799
However, nothing in this section requires the surface or in-stream800
mining operator to enter into such an agreement.801

       Sec. 1514.03.  Within thirty days after each anniversary date802
of issuance of a surface or in-stream mining permit, the operator803
shall file with the chief of the division of mineral resources804
management an annual report, on a form prescribed and furnished by805
the chief, that, for the period covered by the report, shall state806
the amount of and identify the types of minerals and coal, if any807
coal, produced and shall state the number of acres affected and808
the number of acres estimated to be affected during the next year809
of operation. An annual report is not required to be filed if a810
final report is filed in lieu thereof.811

       Each annual report for a surface mining operation shall812
include a progress map indicating the location of areas of land813
affected during the period of the report and the location of the814
area of land estimated to be affected during the next year. The815
map shall be prepared in accordance with division (A)(10)(11) or816
(11)(12) of section 1514.02 of the Revised Code, as appropriate,817
except that a map prepared in accordance with division (A)(11)(12)818
of that section may be certified by the operator or authorized819
agent of the operator in lieu of certification by a professional820
engineer or surveyor registered under Chapter 4733. of the Revised821
Code. However, the chief may require that an annual progress map822
or a final map be prepared by a registered professional engineer823
or registered surveyor if the chief has reason to believe that the824
operator exceeded the boundaries of the permit area or, if the825
operator filed the map required under division (A)(10)(11) of826
section 1514.02 of the Revised Code, that the operator extracted827
ten thousand tons or more of minerals during the period covered by828
the report.829

       Each annual report for an in-stream mining operation shall830
include a statement of the total tonnage removed by in-stream831
mining for each month and of the surface acreage and depth of832
material removed by in-stream mining and shall include a map that833
identifies the area affected by the in-stream mining, soundings834
that depict the cross-sectional views of the channel bottom of the835
watercourse, and water elevations for the watercourse.836

       Each annual report shall be accompanied by a filing fee in837
the amount of two five hundred fifty dollars and, except in the838
case of an annual report filed by a small operator or an in-stream839
mining operator. A small operator, which is a surface mine840
operator who intends to extract fewer than ten thousand tons of841
minerals and no coal during the next year of operation under the842
permit, or an in-stream mining operator shall include a filing fee843
in the amount of two hundred fifty dollars with each annual844
report. The annual report of any operator also shall be845
accompanied by an acreage fee in the amount of thirty seventy-five846
dollars multiplied by the number of acres estimated in the report847
to be affected during the next year of operation under the permit.848
The acreage fee shall be adjusted by subtracting a credit of849
thirty seventy-five dollars per excess acre paid for the preceding850
year if the acreage paid for the preceding year exceeds the851
acreage actually affected or by adding an additional amount of852
thirty seventy-five dollars per excess acre affected if the853
acreage actually affected exceeds the acreage paid for the854
preceding year.855

       With each annual report the operator shall file a performance856
bond in the amount, unless otherwise provided by rule, of five857
hundred one thousand dollars multiplied by the number of acres858
estimated to be affected during the next year of operation under859
the permit for which no performance bond previously was filed. The860
Unless otherwise provided by rule, the bond shall be adjusted by861
subtracting a credit of five hundred one thousand dollars per862
excess acre for which bond was filed for the preceding year if the863
acreage for which the bond was filed for the preceding year864
exceeds the acreage actually affected, or by adding an amount of865
five hundred one thousand dollars per excess acre affected if the866
acreage actually affected exceeds the acreage for which bond was867
filed for the preceding year.868

       Within thirty days after the expiration of the surface or869
in-stream mining permit, or completion or abandonment of the870
operation, whichever occurs earlier, the operator shall submit a871
final report containing the same information required in an annual872
report, but covering the time from the last annual report to the873
expiration of the permit, or completion or abandonment of the874
operation, whichever occurs earlier.875

       Each final report shall include a map indicating the location876
of the area of land affected during the period of the report and877
the location of the total area of land affected under the permit.878
The map shall be prepared in accordance with division (A)(10)(11)879
or (11)(12) of section 1514.02 of the Revised Code, as880
appropriate.881

       In the case of a final report for an in-stream mining882
operation, the map also shall include the information required883
under division (A)(18) of section 1514.02 of the Revised Code.884

       If the final report and certified map, as verified by the885
chief, show that the number of acres affected under the permit is886
larger than the number of acres for which the operator has paid an887
acreage fee or filed a performance bond, upon notification by the888
chief, the operator shall pay an additional acreage fee in the889
amount of thirty seventy-five dollars multiplied by the difference890
between the number of acres affected under the permit and the891
number of acres for which the operator has paid an acreage fee and892
shall file an additional performance bond in the amount, unless893
otherwise provided by rule, of five hundred one thousand dollars894
multiplied by the difference between the number of acres affected895
under the permit and the number of acres for which the operator896
has filed bond.897

       If the final report and certified map, as verified by the898
chief, show that the number of acres affected under the permit is899
smaller than the number of acres for which the operator has filed900
a performance bond, the chief shall order release of the excess901
bond. However, the chief shall retain a performance bond in a902
minimum amount of two ten thousand dollars irrespective of the903
number of acres affected under the permit. The release of the904
excess bond shall be in an amount, unless otherwise provided by905
rule, equal to five hundred one thousand dollars multiplied by the906
difference between the number of acres affected under the permit907
and the number of acres for which the operator has filed bond.908

       The fees collected pursuant to this section and section909
1514.02 of the Revised Code shall be deposited with the treasurer910
of state to the credit of the surface mining fund created under911
section 1514.06 of the Revised Code.912

       If upon inspection the chief finds that any filing fee,913
acreage fee, performance bond, or part thereof is not paid when914
due or is paid on the basis of false or substantially inaccurate915
reports, the chief may request the attorney general to recover the916
unpaid amounts that are due the state, and the attorney general917
shall commence appropriate legal proceedings to recover the unpaid918
amounts.919

       Sec. 1514.04.  Upon receipt of notification from the chief of920
the division of mineral resources management of the chief's intent921
to issue an order granting a surface or in-stream mining permit to922
the applicant, the applicant shall file a surety bond, cash, an923
irrevocable letter of credit, or certificates of deposit in the924
amount, unless otherwise provided by rule, of two ten thousand925
dollars plus one thousand dollars, or five hundred dollars per926
acre of land to be affected, whichever is greater. Upon receipt927
of notification from the chief of the chief's intent to issue an928
order granting an amendment to a surface or in-stream mining929
permit, the applicant shall file a surety bond, cash, an930
irrevocable letter of credit, or certificates of deposit in the931
amount, unless otherwise provided by rule, of five hundred one932
thousand dollars per acre of land to be affected.933

       In the case of a surface mining permit, the bond shall be934
filed for the number of acres estimated to be affected during the935
first year of operation under the permit. In the case of an936
amendment to a surface mining permit, the bond shall be filed for937
the number of acres estimated to be affected during the balance of938
the period until the next anniversary date of the permit.939

       In the case of an in-stream mining permit, the bond shall be940
filed for the number of acres of land within the limits of the941
in-stream mining permit for the entire permit period. In the case942
of an amendment to an in-stream mining permit, the bond shall be943
filed for the number of any additional acres of land to be944
affected within the limits of the in-stream mining permit.945

       A surety bond filed pursuant to this section and sections946
1514.02 and 1514.03 of the Revised Code shall be upon the form947
that the chief prescribes and provides and shall be signed by the948
operator as principal and by a surety company authorized to949
transact business in the state as surety. The bond shall be950
payable to the state and shall be conditioned upon the faithful951
performance by the operator of all things to be done and performed952
by the operator as provided in this chapter and the rules and953
orders of the chief adopted or issued pursuant thereto.954

       The operator may deposit with the chief, in lieu of a surety955
bond, cash in an amount equal to the surety bond as prescribed in956
this section, an irrevocable letter of credit or negotiable957
certificates of deposit issued by any bank organized or958
transacting business in this state, or an irrevocable letter of959
credit or certificates of deposit issued by any savings and loan960
association as defined in section 1151.01 of the Revised Code,961
having a cash value equal to or greater than the amount of the962
surety bond as prescribed in this section. Cash or certificates963
of deposit shall be deposited upon the same terms as the terms964
upon which surety bonds may be deposited. If one or more965
certificates of deposit are deposited with the chief in lieu of a966
surety bond, the chief shall require the bank or savings and loan967
association that issued any such certificate to pledge securities968
of a cash value equal to the amount of the certificate, or969
certificates, that is in excess of the amount insured by the970
federal deposit insurance corporation. The securities shall be971
security for the repayment of the certificate of deposit.972

       Immediately upon a deposit of cash, a letter of credit, or973
certificates with the chief, the chief shall deliver it to the974
treasurer of state who shall hold it in trust for the purposes for975
which it has been deposited. The treasurer of state shall be976
responsible for the safekeeping of such deposits. An operator977
making a deposit of cash, a letter of credit, or certificates of978
deposit may withdraw and receive from the treasurer of state, on979
the written order of the chief, all or any part of the cash,980
letter of credit, or certificates in the possession of the981
treasurer of state, upon depositing with the treasurer of state982
cash, an irrevocable letter of credit, or negotiable certificates983
of deposit issued by any bank organized or transacting business in984
this state, or an irrevocable letter of credit or certificates of985
deposit issued by any savings and loan association, equal in value986
to the value of the cash, letter of credit, or certificates987
withdrawn. An operator may demand and receive from the treasurer988
of state all interest or other income from any certificates as it989
becomes due. If certificates deposited with and in the possession990
of the treasurer of state mature or are called for payment by the991
issuer thereof, the treasurer of state, at the request of the992
operator who deposited them, shall convert the proceeds of the993
redemption or payment of the certificates into such other994
negotiable certificates of deposit issued by any bank organized or995
transacting business in this state, such other certificates of996
deposit issued by any savings and loan association, or cash, as997
may be designated by the operator.998

       A governmental agency, as defined in division (A) of section999
1514.022 of the Revised Code, or a board or commission that1000
derives its authority from a governmental agency shall not require1001
a surface or in-stream mining operator to file a surety bond or1002
any other form of financial assurance for the reclamation of land1003
to be affected by a surface or in-stream mining operation1004
authorized under this chapter.1005

       Sec. 1514.05.  (A) At any time within the period allowed an1006
operator by section 1514.02 of the Revised Code to reclaim an area1007
of land affected by surface or in-stream mining, the operator may1008
file a request, on a form provided by the chief of the division of1009
mineral resources management, for inspection of the area of land1010
upon which a phase of the reclamation, other than any required1011
planting, is completed. The For purposes of inspections and1012
subsequent releases of performance bonds or cash, irrevocable1013
letters of credit, or certificates of deposit deposited in lieu of1014
bonds under this section, reclamation shall be considered to occur1015
in two phases. The first phase involves grading, contouring,1016
terracing, resoiling, and initial planting. The second phase1017
involves the establishment of vegetative cover together with the1018
maintenance and the completion of all reclamation required under1019
this chapter or rules adopted under it.1020

       A request for inspection at the completion of a phase of1021
reclamation shall include all of the following:1022

       (1) The location of the area and number of acres;1023

       (2) The permit number;1024

       (3) The amount of performance bond on deposit at the time of1025
the request to ensure reclamation of the area;1026

       (4) A map showing the location of the acres reclaimed,1027
prepared and certified in accordance with division (A)(10)(11) or1028
(11)(12) of section 1514.02 of the Revised Code, as appropriate.1029
In the case of an in-stream mining operation, the map also shall1030
include the information required under division (A)(18) of section1031
1514.02 of the Revised Code.1032

       In addition, a request for inspection of the second phase of1033
reclamation shall include a description of the type and date of1034
any required planting and a statement regarding the degree of1035
success of the growth.1036

       (B) The chief shall make an inspection and evaluation of the1037
reclamation of the area of land for which the a request was1038
submitted within ninety days after receipt of the request or, if1039
the operator fails to complete the reclamation or file the request1040
as required, as soon as the chief learns of the default.1041
Thereupon, if the chief approves the first phase of the1042
reclamation other than any required planting as meeting the1043
requirements of this chapter, rules adopted thereunder, any orders1044
issued during the mining or reclamation, and the specifications of1045
the plan for mining and reclaiming, the chief shall issue an order1046
to the operator and the operator's surety releasing them from1047
liability for one-half the total amount the applicable percentage1048
specified in this division of their surety bond on deposit to1049
ensure reclamation for the area upon which reclamation is1050
completed. If the chief approves the second phase of the1051
reclamation, the chief shall order release of the remaining1052
performance bond, after completing the inspection and evaluation, 1053
in the same manner as in the case of approval of the first phase 1054
of reclamation, and the treasurer of state shall proceed as in 1055
that case.1056

       On approval of the first phase of reclamation, the chief1057
shall release seventy-five per cent of the amount of the surety1058
bond on deposit. On approval of the second phase of reclamation,1059
the chief shall release the remaining amount of the surety bond1060
that originally was on deposit.1061

       If the operator has deposited cash, an irrevocable letter of1062
credit, or certificates of deposit in lieu of a surety bond to1063
ensure reclamation, the chief shall issue an order to the operator1064
releasing one-half of the total amount so held in the same manner1065
and in the same percentages that apply to the release of a surety1066
bond and promptly shall transmit a certified copy of the order to1067
the treasurer of state. Upon presentation of the order to the1068
treasurer of state by the operator to whom it was issued, or by1069
the operator's authorized agent, the treasurer of state shall1070
deliver to the operator or the operator's authorized agent the1071
cash, irrevocable letter of credit, or certificates of deposit1072
designated in the order.1073

       (C) If the chief does not approve a phase of the reclamation1074
other than any required planting, the chief shall notify the1075
operator by certified mail. The notice shall be an order stating1076
the reasons for unacceptability, ordering further actions to be1077
taken, and setting a time limit for compliance. If the operator1078
does not comply with the order within the time limit specified,1079
the chief may order an extension of time for compliance after1080
determining that the operator's noncompliance is for good cause,1081
resulting from developments partially or wholly beyond the1082
operator's control. If the operator complies within the time limit1083
or the extension of time granted for compliance, the chief shall1084
order release of the performance bond in the same manner as in the1085
case of approval of reclamation other than planting by the chief,1086
and the treasurer of state shall proceed as in that case. If the1087
operator does not comply within the time limit and the chief does1088
not order an extension, or if the chief orders an extension of1089
time and the operator does not comply within the extension of time1090
granted for compliance, the chief shall issue another order1091
declaring that the operator has failed to reclaim and, if the1092
operator's permit has not already expired or been revoked,1093
revoking the operator's permit. The chief shall thereupon proceed1094
under division (C)(D) of this section.1095

       (B) At any time within the period allowed an operator by1096
section 1514.02 of the Revised Code to reclaim an area affected by1097
surface mining, the operator may file a request, on a form1098
provided by the chief, for inspection of the area of land upon1099
which all reclamation, including the successful establishment of1100
any required planting, is completed. The request shall include1101
all of the following:1102

       (1) The location of the area and number of acres;1103

       (2) The permit number;1104

       (3) The remaining amount of performance bond on deposit to1105
ensure reclamation of the area;1106

       (4) The type and date of any required planting of vegetative1107
cover and the degree of success of growth;1108

       (5) A map showing the location of the acres reclaimed,1109
prepared and certified in accordance with division (A)(10) or (11)1110
of section 1514.02 of the Revised Code, as appropriate.1111

       The chief shall make an inspection and evaluation of the1112
reclamation of the area of land for which the request was1113
submitted within ninety days after receipt of the request or, if1114
the operator fails to complete the reclamation or file the request1115
as required, as soon as the chief learns of the default.1116
Thereupon, if the chief finds that the reclamation meets the1117
requirements of this chapter, rules adopted thereunder, any orders1118
issued during the mining and reclamation, and the specifications1119
of the plan for mining and reclaiming and decides to release any1120
remaining performance bond on deposit to ensure reclamation of the1121
area upon which reclamation is completed, within ten days of1122
completing the inspection and evaluation, the chief shall order1123
release of the remaining performance bond in the same manner as in1124
the case of approval of reclamation other than planting, and the1125
treasurer of state shall proceed as in that case.1126

       If the chief does not approve the reclamation performed by1127
the operator, the chief shall notify the operator by certified1128
mail within ninety days of the filing of the application for1129
inspection or of the date when the chief learns of the default.1130
The notice shall be an order stating the reasons for1131
unacceptability, ordering further actions to be taken, and setting1132
a time limit for compliance. If the operator does not comply with1133
the order within the time limit specified, the chief may order an1134
extension of time for compliance after determining that the1135
operator's noncompliance is for good cause, resulting from1136
developments partially or wholly beyond the operator's control. If1137
the operator complies within the time limit or the extension of1138
time granted for compliance, the chief shall order release of the1139
remaining performance bond in the same manner as in the case of1140
approval of reclamation by the chief, and the treasurer of state1141
shall proceed as in that case. If the operator does not comply1142
within the time limit and the chief does not order an extension,1143
or if the chief orders an extension of time and the operator does1144
not comply within the extension of time granted for compliance,1145
the chief shall make another order declaring that the operator has1146
failed to reclaim and, if the operator's permit has not already1147
expired or been revoked, revoking the operator's permit. The1148
chief then shall proceed under division (C) of this section.1149

       (C)(D) Upon issuing an order under division (A) or (B)(C) of1150
this section declaring that the operator has failed to reclaim,1151
the chief shall make a finding as to the number and location of1152
the acres of land that the operator has failed to reclaim in the1153
manner required by this chapter. The chief shall order the1154
release of the performance bond in the amount of five hundred1155
dollars per acre for those acres that the chief finds to have been1156
reclaimed in the manner required by this chapter. The release1157
shall be ordered in the same manner as in the case of other1158
approval of reclamation by the chief, and the treasurer of state1159
shall proceed as in that case. If the operator has on deposit1160
cash, an irrevocable letter of credit, or certificates of deposit1161
to ensure reclamation of the area of the land affected, the retain1162
all or part of the performance bond on deposit for reclamation of1163
the affected surface or in-stream mine site. The chief at the1164
same time shall issue an order declaring that the remaining cash,1165
irrevocable letter of credit, or certificates of deposit is, if1166
any, are the property of the state and is are available for use by1167
the chief in performing reclamation of the area and shall proceed1168
in accordance with section 1514.06 of the Revised Code.1169

       If the operator has on deposit a surety bond to ensure1170
reclamation of the area of land affected, the chief shall notify1171
the surety in writing of the operator's default and shall request1172
the surety to perform the surety's obligation and that of the1173
operator. The surety, within ten days after receipt of the1174
notice, shall notify the chief as to whether it intends to perform1175
those obligations.1176

       If the surety chooses to perform, it shall arrange for work1177
to begin within thirty days of the day on which it notifies the1178
chief of its decision. If the surety completes the work as1179
required by this chapter, the chief shall issue an order to the1180
surety releasing the surety from liability under the bond in the1181
same manner as if the surety were an operator proceeding under1182
this section. If, after the surety begins the work, the chief1183
determines that the surety is not carrying the work forward with1184
reasonable progress, or that it is improperly performing the work,1185
or that it has abandoned the work or otherwise failed to perform1186
its obligation and that of the operator, the chief shall issue an1187
order terminating the right of the surety to perform the work and1188
demanding payment of the amount due as required by this chapter.1189

       If the surety chooses not to perform and so notifies the1190
chief, does not respond to the chief's notice within ten days of1191
receipt thereof, or fails to begin work within thirty days of the1192
day it timely notifies the chief of its decision to perform its1193
obligation and that of the operator, the chief shall issue an1194
order terminating the right of the surety to perform the work and1195
demanding payment of the amount due, as required by this chapter.1196

       Upon receipt of an order of the chief demanding payment of1197
the amount due, the surety immediately shall deposit with the1198
chief cash in the full amount due under the order for deposit with1199
the treasurer of state. If the surety fails to make an immediate1200
deposit, the chief shall certify it to the attorney general for1201
collection. When the chief has issued an order terminating the1202
right of the surety and has the cash on deposit, the cash is the1203
property of the state and is available for use by the chief, who1204
shall proceed in accordance with section 1514.06 of the Revised1205
Code.1206

       Sec. 1514.06.  (A) There is hereby created in the state1207
treasury the surface mining fund. All cash that becomes the1208
property of the state pursuant to section 1514.05 of the Revised1209
Code shall be deposited in the fund, and expenditures from the1210
fund shall be made by the chief of the division of mineral1211
resources management only for the purpose of reclaiming areas of1212
land affected by surface or in-stream mining operations on which1213
an operator has defaulted.1214

       (B) Expenditures of moneys from the fund, except as1215
otherwise provided by this section, shall be made pursuant to1216
contracts entered into by the chief with persons who agree to1217
furnish all of the materials, equipment, work, and labor, as1218
specified and provided in the contracts, for the prices stipulated1219
therein. With the approval of the director of natural resources,1220
the chief may reclaim the land in the same manner as the chief1221
required of the operator who defaulted. Each contract awarded by1222
the chief shall be awarded to the lowest responsive and1223
responsible bidder, in accordance with section 9.312 of the1224
Revised Code, after sealed bids are received, opened, and1225
published at the time and place fixed by the chief. The chief1226
shall publish notice of the time and place at which bids will be1227
received, opened, and published, at least once at least ten days1228
before the date of the opening of the bids, in a newspaper of1229
general circulation in the county in which the area of land to be1230
reclaimed under the contract is located. If, after so advertising1231
for bids, no bids are received by the chief at the time and place1232
fixed for receiving them, the chief may advertise again for bids,1233
or, if the chief considers the public interest will be best1234
served, the chief may enter into a contract for the reclamation of1235
the area of land without further advertisement for bids. The1236
chief may reject any or all bids received and again publish notice1237
of the time and place at which bids for contracts will be1238
received, opened, and published.1239

       (C) With the approval of the director, the chief, without1240
advertising for bids, may enter into a contract with the1241
landowner, a surface or in-stream mine operator or coal mine1242
operator mining under a current, valid permit issued under this1243
chapter or Chapter 1513. of the Revised Code, or a contractor1244
hired by a surety to complete reclamation, to carry out1245
reclamation on land affected by surface or in-stream mining1246
operations on which an operator has defaulted.1247

       (D) With the approval of the director, the chief may carry1248
out all or part of the reclamation work on land affected by1249
surface or in-stream mining operations on which the operator has1250
defaulted using the employees and equipment of any division of the1251
department of natural resources.1252

       (E) The chief shall require every contractor performing1253
reclamation work under this section to pay workers at the greater1254
of their regular rate of pay, as established by contract,1255
agreement, or prior custom or practice, or the average wage rate1256
paid in this state for the same or similar work, as determined by1257
the chief under section 1513.02 of the Revised Code.1258

       (F) Each contract entered into by the chief under this1259
section shall provide only for the reclamation of land affected by1260
the surface or in-stream mining operation or operations of one1261
operator and not reclaimed by the operator as required by this1262
chapter. If there is money in the fund derived from the1263
performance bond deposited with the chief by one operator to1264
ensure the reclamation of two or more areas of land affected by1265
the surface or in-stream mining operation or operations of one1266
operator and not reclaimed by the operator as required by this1267
chapter, the chief may award a single contract for the reclamation1268
of all such areas of land.1269

       (G) The cost of the reclamation work done under this section1270
on each area of land affected by surface or in-stream mining1271
operations on which an operator has defaulted shall be paid out of1272
the money in the fund derived from the performance bond that was1273
deposited with the chief to ensure the reclamation of that area of1274
land. If the amount of money is not sufficient to pay the cost of1275
doing all of the reclamation work on the area of land that the1276
operator should have done, but failed to do, the chief may expend1277
from the reclamation forfeiture fund created in section 1513.18 of1278
the Revised Code or the surface mining fund created in this1279
section the amount of money needed to complete reclamation to the1280
standards required by this chapter. The operator is liable for1281
that expense in addition to any other liabilities imposed by law.1282
At the request of the chief, the attorney general shall bring an1283
action against the operator for the amount of the expenditures1284
from either fund. Moneys so recovered shall be deposited in the1285
appropriate fund from which the expenditures were made.1286

       (H) If any part of the money in the surface mining fund1287
remains in the fund after the chief has caused the area of land to1288
be reclaimed and has paid all the reclamation costs and expenses,1289
or if any money remains because the area of land has been1290
repermitted under this chapter or reclaimed by a person other than1291
the chief, the chief may expend the remaining money to complete1292
other reclamation work performed under this section.1293

       Sec. 1514.07.  Each order of the chief of the division of1294
mineral resources management affecting the rights, duties, or1295
privileges of an operator or the operator's surety or of an1296
applicant for a permit or an amendment to a permit or a plan shall1297
be in writing and contain a finding by the chief of the facts upon1298
which the order is based. Notice of the order shall be given by1299
certified mail to each person whose rights, duties, or privileges1300
are affected.1301

       If the chief finds that an operator has violated any1302
requirement of this chapter, failed to perform any measure set1303
forth in the approved plan of mining and reclamation that is1304
necessary to prevent damage to adjoining property or to achieve,1305
or has otherwise failed to achieve, the performance standards of1306
division (A)(9)(10) of section 1514.02 of the Revised Code, or1307
caused damage to adjoining property, the chief may issue orders1308
directing the operator to cease violation, perform such measures,1309
achieve such standards, or prevent or abate off-site damage. The1310
order shall identify the operation where the violation occurs, the1311
specific requirement violated, measure not performed, standard not1312
achieved, or off-site damage caused, and where practicable1313
prescribe what action the operator may take to comply with the1314
order. The chief shall fix and set forth in the order a1315
reasonable date or time by which the operator shall comply, and1316
the order shall state that the chief may revoke the operator's1317
permit if the order is not complied with by such that date or1318
time. If upon such that date or time the chief finds that the1319
operator has not complied with the order, the chief may issue an1320
order revoking the operator's permit.1321

       Sec. 1514.071.  (A) In addition to any other penalties1322
established under this chapter, the chief of the division of1323
mineral resources management may assess a civil penalty against1324
any person who fails to comply with an order issued by the chief1325
under section 1514.07 of the Revised Code by the date specified in1326
the order or as subsequently extended by the chief.1327

       (B) Civil penalties assessed under this section shall not1328
exceed one thousand dollars for each occurrence of noncompliance1329
with an order. Each day of continuing noncompliance, up to a1330
maximum of thirty days, may be deemed a separate occurrence for1331
purposes of penalty assessments. In determining the amount of the1332
assessment, the chief shall consider the seriousness of the1333
noncompliance, the effect of the noncompliance, and the operator's1334
history of noncompliance.1335

       (C) Upon issuance of a notice of noncompliance with an1336
order, the chief shall inform the person to whom the notice of1337
noncompliance is issued of the amount of any civil penalty to be1338
assessed and provide an opportunity for an adjudicatory hearing1339
with the reclamation commission pursuant to section 1514.09 of the1340
Revised Code. The person charged with the penalty shall have1341
thirty days from receipt of the assessment to pay the penalty in1342
full or, if the person wishes to contest the amount of the1343
penalty, file a petition for review of the assessment with the1344
commission pursuant to section 1514.09 of the Revised Code and1345
forward the amount of the penalty to the secretary of the1346
commission as required by this division. Failure to forward the1347
money to the secretary within thirty days after the chief informs1348
the person of the amount of the penalty shall result in a waiver1349
of all legal rights to contest the amount of the penalty.1350

       If, after a hearing, the commission affirms or modifies the1351
amount of the penalty, the person charged with the penalty shall1352
have thirty days after receipt of the written decision to file an1353
appeal from the commission's order in accordance with section1354
1514.09 of the Revised Code.1355

       At the time that the petition for review of the assessment is1356
filed with the secretary, the person shall forward the amount of1357
the penalty to the secretary for placement in the reclamation1358
penalty fund created in division (F)(3) of section 1513.02 of the1359
Revised Code. Pursuant to administrative or judicial review of1360
the penalty, the secretary shall do either of the following:1361

       (1) If it is determined that the amount of the penalty1362
should be reduced, within thirty days, remit the appropriate1363
amount of the penalty to the person, with interest, and forward1364
any balance of the penalty, with interest, to the chief for1365
deposit in the surface mining fund created in section 1514.06 of1366
the Revised Code for reclamation of abandoned surface or in-stream1367
mining operations in the state;1368

       (2) If the penalty was not reduced, forward the entire1369
penalty, with interest, to the chief for deposit in the surface1370
mining fund for reclamation of abandoned surface or in-stream1371
mining operations in the state.1372

       (D) Civil penalties owed under this section may be recovered1373
in a civil action brought by the attorney general upon the request1374
of the chief.1375

       Sec. 1514.072.  Whenever a person fails to comply with an1376
order issued by the chief of the division of mineral resources1377
management, the chief, in addition to any other remedy under this1378
chapter, may request the attorney general to institute a civil1379
action to compel compliance with the order, including a permanent1380
or temporary injunction, a restraining order, or any other1381
appropriate order, in the court of common pleas of the county in1382
which the noncompliance is occurring or has occurred. The court1383
shall grant the relief requested upon a demonstration that1384
noncompliance with an order of the chief is occurring or has1385
occurred.1386

       Sec. 1514.08.  (A) The chief of the division of mineral1387
resources management may adopt, amend, and rescind rules in1388
accordance with Chapter 119. of the Revised Code in order to1389
prescribe procedures for submitting applications for permits,1390
amendments to permits, and amendments to plans of mining and1391
reclamation; filing annual reports and final reports; requesting1392
inspection and approval of reclamation; paying permit and filing1393
fees; and filing and obtaining the release of performance bonds1394
deposited with the state. For the purpose of preventing damage to1395
adjoining property or achieving one or more of the performance1396
standards established in division (A)(9)(10) of section 1514.02 of1397
the Revised Code, the chief may establish classes of mining1398
industries, based upon industrial categories, combinations of1399
minerals produced, and geological conditions in which surface or1400
in-stream mining operations occur, and may prescribe different1401
rules consistent with the performance standards for each class.1402
For the purpose of apportioning the workload of the division of1403
mineral resources management among the quarters of the year, the1404
rules may require that applications for permits and annual reports1405
be filed in different quarters of the year, depending upon the1406
county in which the operation is located.1407

       (B) The chief shall adopt rules under this section that do1408
all of the following:1409

       (1) With respect to in-stream mining, determine periods of1410
low flow, which are the only time periods during which in-stream1411
mining is allowed, and develop and implement any criteria, in1412
addition to the criteria established in section 1514.02 of the1413
Revised Code, that the chief determines are necessary for the1414
permitting of in-stream mining;1415

       (2) Establish criteria and procedures for approving or1416
disapproving the transfer of a surface or in-stream mining permit1417
under division (F) of section 1514.02 of the Revised Code;1418

       (3) Define when any of the following may be considered to be1419
"significant" for purposes of section 1514.022 of the Revised1420
Code:1421

       (a) An amendment to a permit issued under section 1514.02 of1422
the Revised Code for a surface or in-stream mining operation;1423

       (b) An amendment to the plan of mining and reclamation that1424
must be filed with an application for either permit under section1425
1514.02 of the Revised Code;1426

       (c) Changes to that plan of mining and reclamation that are1427
proposed in a permit renewal application filed under section1428
1514.021 of the Revised Code.1429

       In defining "significant," the chief shall focus on changes1430
that increase the likelihood that the mining operation may have a1431
negative impact on the public.1432

       (4) Establish a framework and procedures under which the1433
amount of any bond required to be filed under this chapter to1434
ensure the satisfactory performance of the reclamation measures1435
required under this chapter may be reduced by subtracting a credit1436
based on the operator's past compliance with this chapter and1437
rules adopted and orders issued under it. The rules also shall1438
apply to cash, an irrevocable letter of credit, or a certificate1439
of deposit that is on deposit in lieu of a bond. In establishing1440
the amount of credit that an operator or applicant may receive1441
based on past compliance, the chief may consider past compliance1442
with respect to any permit for a surface or in-stream mining1443
operation that has been issued in this state to the operator or1444
applicant.1445

       (5) Establish criteria and procedures for granting a variance1446
from compliance with the prohibitions established in divisions1447
(E)(3) and (F)(3) of section 1514.10 of the Revised Code. The1448
criteria shall ensure that an operator may obtain a variance only1449
if compliance with the applicable prohibition is not necessary to1450
prevent damage to the watercourse or surrounding areas.1451

       Sec. 1514.09.  The reclamation commission established1452
pursuant to section 1513.05 of the Revised Code shall serve as the1453
reclamation commission pursuant to this chapter. However,1454
whenever the commission is considering any appeal pertaining to1455
surface or in-stream mining, as distinguished from coal strip1456
mining, the member representing the coal strip mine operators1457
shall be replaced by a person who, by reason of the person's1458
previous vocation, employment, or affiliations, can be classed as1459
a representative of surface or in-stream mine operators, as1460
applicable. The appointment of said that person shall be made in1461
accordance with section 1513.05 of the Revised Code, and the1462
person's term shall be concurrent with that of the representative1463
of the coal strip mine operators.1464

       No party to an appeal brought under this section shall be1465
eligible for an award of attorney's fees, costs, or expenses from1466
the commission or any court.1467

       Notwithstanding section 1513.14 of the Revised Code, appeals1468
from an order of the commission pertaining to surface or in-stream1469
mining may be taken to the court of common pleas of the county in1470
which the operation is located, or to the court of common pleas of1471
Franklin county.1472

       Sec. 1514.10.  No person shall:1473

       (A)(1) Engage in surface mining without a permit;1474

       (2) Engage in in-stream mining or conduct an in-stream1475
mining operation without an in-stream mining permit issued by the1476
chief of the division of mineral resources management. A person1477
who, on the effective date of this amendment, holds a valid permit1478
to conduct in-stream mining that is issued under section 10 of the1479
"Rivers and Harbors Appropriation Act of 1899," 30 Stat. 1151, 331480
U.S.C. 403, as amended, shall not be required to obtain an1481
in-stream mining permit from the chief under this chapter until1482
the existing permit expires.1483

       (B) Exceed the limits of a surface or in-stream mining1484
permit or amendment to a permit by mining land contiguous to an1485
area of land affected under a permit or amendment, which1486
contiguous land is not under a permit or amendment;1487

       (C) Purposely misrepresent or omit any material fact in an1488
application for a surface or in-stream mining permit or amendment,1489
an annual or final report, or in any hearing or investigation1490
conducted by the chief of the division of mineral resources1491
management or the reclamation commission;1492

       (D) Fail to perform any measure set forth in the approved1493
plan of mining and reclamation that is necessary to prevent damage1494
to adjoining property or to achieve a performance standard1495
required in division (A)(9)(10) of section 1514.02 of the Revised1496
Code, or violate any other requirement of this chapter, a rule1497
adopted thereunder, or an order of the chief;1498

       (E) Conduct surface excavations of minerals within any of1499
the following:1500

       (1) One hundred twenty feet horizontal distance outward from1501
the highwater mark on each bank of an area designated as a wild,1502
scenic, or recreational river area under sections 1517.14 to1503
1517.18 of the Revised Code or of a portion of a river designated1504
as a component of the national wild and scenic river system under1505
the "Wild and Scenic Rivers Act," 82 Stat. 906 (1968), 16 U.S.C.1506
1274, as amended;1507

       (2) Seventy-five feet horizontal distance outward from the1508
highwater mark on each bank of a watercourse that drains a surface1509
area of more than one hundred square miles;1510

       (3) Fifty feet horizontal distance outward from the1511
highwater mark on each bank of a watercourse that drains a surface1512
area of more than twenty-five square miles, but fewer than one1513
hundred square miles unless a variance is obtained under rules1514
adopted by the chief.1515

       (F) Conduct any surface mining activity within any of the1516
following:1517

       (1) Seventy-five feet horizontal distance outward from the1518
highwater mark on each bank of an area designated as a wild,1519
scenic, or recreational river area under sections 1517.14 to1520
1517.18 of the Revised Code or of a portion of a river designated1521
as a component of the national wild and scenic river system under1522
the "Wild and Scenic Rivers Act," 82 Stat. 906 (1968), 16 U.S.C.1523
1274, as amended;1524

       (2) Seventy-five feet horizontal distance outward from the1525
highwater mark on each bank of a watercourse that drains a surface1526
area of more than one hundred square miles;1527

       (3) Fifty feet horizontal distance outward from the1528
highwater mark on each bank of a watercourse that drains a surface1529
area of more than twenty-five square miles, but fewer than one1530
hundred square miles unless a variance is obtained under rules1531
adopted by the chief.1532

       A person who has been issued a surface mining permit prior to1533
the effective date of this amendment may continue to operate under1534
that permit and shall not be subject to the prohibitions1535
established in divisions (E) and (F) of this section until the1536
permit is renewed.1537

       The number of square miles of surface area that a watercourse1538
drains shall be determined by consulting the "gazetteer of Ohio1539
streams," which is a portion of the Ohio water plan inventory1540
published in 1960 by the division of water in the department of1541
natural resources, or its successor, if any.1542

       (G) Engage in any part of a process that is followed in the1543
production of minerals from the bottom of the channel of a1544
watercourse in any of the following circumstances or areas:1545

       (1) In an area designated as a wild, scenic, or recreational1546
river area under sections 1517.14 to 1517.18 of the Revised Code,1547
in a portion of a river designated as a component of the national1548
wild and scenic river system under the "Wild and Scenic Rivers1549
Act," 82 Stat. 906 (1968), 16 U.S.C. 1274, as amended, or within1550
one-half mile upstream of any portion of such an area or1551
component;1552

       (2) During periods other than periods of low flow, as1553
determined by rules adopted under section 1514.08 of the Revised1554
Code;1555

       (3) During critical fish or mussel spawning seasons as 1556
determined by the chief of the division of wildlife under Chapter 1557
1531. of the Revised Code and rules adopted under it;1558

       (4) In an area known to possess critical spawning habitat1559
for a species of fish or mussel that is on the federal endangered 1560
species list established in accordance with the "Endangered 1561
Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531-1543, as 1562
amended, or the state endangered species list established in rules 1563
adopted under section 1531.25 of the Revised Code.1564

       Division (G) of this section does not apply to the activities1565
described in divisions (M)(1) and (2) of section 1514.01 of the1566
Revised Code.1567

       Sec. 1514.11.  In addition to the purposes authorized in1568
section 1514.06 of the Revised Code, the chief of the division of1569
mineral resources management may use moneys in the surface mining1570
fund created under that section for the administration and1571
enforcement of this chapter, for the reclamation of land affected1572
by surface or in-stream mining under a permit issued under this1573
chapter that the operator failed to reclaim and for which the1574
performance bond filed by the operator is insufficient to complete1575
the reclamation, and for the reclamation of land affected by1576
surface or in-stream mining that was abandoned and left1577
unreclaimed and for which no permit was issued or bond filed under1578
this chapter, and for the mine safety and first aid classes 1579
provided under division (C) of section 1561.26 of the Revised 1580
Code. The chief, with the approval of the director of natural 1581
resources, annually shall determine the amounts to be expended for 1582
the mine safety and first aid classes. For purposes of this 1583
section, the chief shall expend moneys in the fund in accordance 1584
with the procedures and requirements established in section 1585
1514.06 of the Revised Code and may enter into contracts and 1586
perform work in accordance with that section.1587

       Fees collected under sections 1514.02 and 1514.03 of the1588
Revised Code, one-half of the moneys collected from the severance1589
taxes levied under divisions (A)(3) and (4) of section 5749.02 of1590
the Revised Code, and all of the moneys collected from the1591
severance tax levied under division (A)(7) of section 5749.02 of1592
the Revised Code shall be credited to the fund in accordance with1593
those sections. Notwithstanding any section of the Revised Code1594
relating to the distribution or crediting of fines for violations1595
of the Revised Code, all fines imposed under section 1514.99 of1596
the Revised Code shall be credited to the fund.1597

       Sec. 1514.12.  (A) Explosives shall be used in a manner that1598
prevents injury to persons and damage to public or private1599
property that is located outside the area for which a permit was1600
issued under section 1514.02 or 1514.021 of the Revised Code.1601

       (B) The ground vibration resulting from the use of1602
explosives when measured at any dwelling, public or commercial1603
building, school, church, or community or institutional building1604
that is located outside the area for which a permit was issued1605
under section 1514.02 or 1514.021 of the Revised Code and that is1606
not owned by the operator shall not exceed the frequency-dependent1607
particle velocity limits listed in the "report of investigations1608
8507, appendix B -- alternative blasting level criteria, (1980),"1609
published by the former United States bureau of mines, or other1610
limits established by rule.1611

       (C) The airblast resulting from the use of explosives when1612
measured with a two hertz high-pass system at any location listed1613
in division (B) of this section shall not exceed a level of one1614
hundred thirty-three decibels.1615

       (D) On and after July 1, 2003, all blasting in surface1616
mining shall be conducted by persons who are trained and competent1617
in blasting as certified by the chief of the division of mineral1618
resources management or a certifying authority approved by the1619
chief.1620

       (E) The chief shall adopt, and may amend and rescind, rules1621
in accordance with Chapter 119. of the Revised Code establishing1622
requirements and standards governing all of the following:1623

       (1) Seismographic monitoring and alternate methods to prove1624
compliance with the ground vibration limits established under1625
division (B) of this section and the airblast limits established1626
under division (C) of this section;1627

       (2) Protection of any building or structure not listed in1628
division (B) of this section;1629

       (3) Training, examination, and certification of persons1630
conducting blasting in surface mining and suspension or revocation1631
of certifications;1632

       (4) Standard blast warning and all-clear signals;1633

       (5) Blasting records and flyrock reporting requirements;1634

       (6) Safety measures for blasting in surface mining.1635

       (F) The chief may adopt rules under this section that1636
establish limits on the amount of ground vibration resulting from1637
the use of explosives that is permissible when measured at the1638
locations described in division (B) of this section.1639

       Sec. 1514.13.  (A) The chief of the division of mineral1640
resources management shall use the compilation of data for ground1641
water modeling submitted under section 1514.02 of the Revised Code1642
to establish a projected cone of depression for any surface mining1643
operation that may result in dewatering. An applicant for a1644
surface mining permit for such an operation may submit ground1645
water modeling that shows a projected cone of depression for that1646
operation to the chief, provided that the modeling complies with1647
rules adopted by the chief regarding ground water modeling.1648
However, the chief shall establish the projected cone of1649
depression for the purposes of this section.1650

       The chief shall adopt, and may amend and rescind, rules in1651
accordance with Chapter 119. of the Revised Code establishing1652
requirements and standards governing both of the following:1653

       (1) Ground water modeling for establishing a projected cone1654
of depression. A ground water model shall be generally accepted1655
in the scientific community.1656

       (2) Replacement of water supplies.1657

       (B)(1) If an owner of real property who obtains all or part1658
of the owner's water supply for domestic, agricultural,1659
industrial, or other legitimate use from ground water has a1660
diminution, contamination, or interruption of that water supply1661
and the owner's real property is located within the projected cone1662
of depression of a surface mining operation established under this1663
section, the owner may submit a written complaint to the operator1664
of that operation informing the operator that there is a1665
diminution, contamination, or interruption of the owner's water1666
supply. The complaint shall include the owner's name, address,1667
and telephone number.1668

       The operator immediately shall send to the chief a copy of1669
the complaint and include a statement that explains how the1670
operator resolved or will resolve the complaint. Not later than1671
seventy-two hours after receipt of the complaint, the operator1672
shall provide the owner a supply of water that is comparable, in1673
quantity and quality, to the owner's water supply prior to the1674
diminution, contamination, or interruption of the owner's water1675
supply. The operator shall maintain that water supply until the1676
operator provides a permanent replacement water supply to the1677
owner under division (B)(3) of this section or until the division1678
of mineral resources management completes the evaluation under1679
division (B)(2) of this section, whichever is applicable.1680

       (2) A rebuttable presumption exists that the operation1681
caused the diminution, contamination, or interruption of the1682
owner's water supply. However, not later than fourteen days after1683
receipt of the complaint, the operator may submit to the division1684
information showing that the operation is not the proximate cause1685
of the diminution, contamination, or interruption of the owner's1686
water supply. The division shall evaluate the information1687
submitted by the operator to determine if the presumption is1688
rebutted. If the operator fails to rebut the presumption, the1689
division immediately shall notify the operator that the operator1690
failed to rebut the presumption. Not later than fourteen days1691
after receipt of that notice, the operator shall provide the owner1692
a permanent replacement water supply that is comparable, in1693
quantity and quality, to the owner's water supply prior to the1694
diminution, contamination, or interruption of the owner's water1695
supply. If the operator rebuts the presumption, the division1696
immediately shall notify the operator that the operator rebutted1697
the presumption, and, upon receipt of that notice, the operator1698
may cease providing a supply of water to the owner under division1699
(B)(1) of this section.1700

       (3) If, within fourteen days after receipt of the complaint,1701
the operator does not submit to the division information showing1702
that the operation is not the proximate cause of the diminution,1703
contamination, or interruption of the owner's water supply, the1704
operator shall provide the owner, not later than twenty-eight days1705
after receipt of the complaint, a permanent replacement water1706
supply that is comparable, in quantity and quality, to the owner's1707
water supply prior to the diminution, contamination, or1708
interruption of the owner's water supply.1709

       (4) The division may investigate a complaint under division1710
(B) of this section.1711

       (C) If an owner of real property who obtains all or part of1712
the owner's water supply for domestic, agricultural, industrial,1713
or other legitimate use from ground water has a diminution,1714
contamination, or interruption of that water supply and the1715
owner's real property is not located within the projected cone of1716
depression of a surface mining operation established under this1717
section, the owner may submit a written complaint to the operator1718
of that operation or to the chief informing the operator or the1719
chief that there is a diminution, contamination, or interruption1720
of the owner's water supply. The complaint shall include the1721
owner's name, address, and telephone number.1722

       If the operator receives a written complaint, the operator1723
immediately shall send the chief a copy of the complaint. If the1724
chief receives a written complaint, the chief immediately shall1725
send the operator a copy of the complaint. The chief shall1726
investigate any complaint submitted under this division and, upon1727
completion of the investigation, immediately shall send the1728
results of the investigation to the operator and to the owner that1729
filed the complaint.1730

       An owner that submits a written complaint under this division1731
may resolve the diminution, contamination, or interruption of the1732
owner's water supply with the operator of that operation or may1733
commence a civil action for that purpose.1734

       (D) An operator may request the chief to amend the plan of1735
mining and reclamation filed with the application under section1736
1514.02 of the Revised Code when a ground water user may affect1737
the projected cone of depression established for the operation1738
under division (A) of this section. The operator shall submit1739
additional data that reflect the ground water user's impact on the1740
ground water. The chief shall perform ground water modeling using1741
the additional data and may establish a revised projected cone of1742
depression for that operation.1743

       (E) This section shall not be construed as creating,1744
modifying, or affecting any right, liability, or remedy of surface1745
riparian owners.1746

       Sec. 1514.99.  (A) Whoever violates division (A)(1) or (2)1747
of section 1514.10 of the Revised Code may be fined not more than1748
five thousand dollars plus not more than one thousand dollars per1749
acre of land affected, and is responsible for achieving1750
reclamation of the land as required pursuant to Chapter 1514. of1751
the Revised Code this chapter.1752

       (B) Whoever violates division (B) of section 1514.10 of the1753
Revised Code may be fined not more than one thousand dollars per1754
acre of land affected that is not under permit, and is responsible1755
for achieving reclamation of the land as required pursuant to1756
Chapter 1514. of the Revised Code this chapter.1757

       (C) Whoever violates division (C) of section 1514.10 of the1758
Revised Code may be fined not less than one hundred nor more than1759
one thousand dollars, or imprisoned not more than six months, or1760
both.1761

       (D) Whoever violates division (D), (E), (F), or (G) of1762
section 1514.10 of the Revised Code may be fined not less than one1763
hundred nor more than one thousand dollars for a first offense.1764
For each subsequent offense, on one or more permits held by such1765
persons, such person may be fined not less than two hundred nor1766
more than five thousand dollars, or imprisoned not more than six1767
months, or both. The permit of any person convicted of a third1768
offense may be revoked by the court at the time of such that1769
conviction, and such the court at such that time may further order1770
that no permit or amendment to a permit may be issued to such that1771
person under Chapter 1514. of the Revised Code this chapter for a1772
period of five years from the date of such the conviction. Nothing1773
contained in this section shall be construed to limit or affect1774
the authority of the chief of the division of mineral resources1775
management granted by this chapter.1776

       Sec. 5749.02.  (A) For the purpose of providing revenue to1777
administer the state's coal mining and reclamation regulatory1778
program, to meet the environmental and resource management needs1779
of this state, and to reclaim land affected by mining, an excise1780
tax is hereby levied on the privilege of engaging in the severance1781
of natural resources from the soil or water of this state. The1782
tax shall be imposed upon the severer and shall be:1783

       (1) Seven cents per ton of coal;1784

       (2) Four cents per ton of salt;1785

       (3) Two and three-fourths cents per ton of limestone or1786
dolomite;1787

       (4) Two and three-fourths cents per ton of sand and gravel;1788

       (5) Ten cents per barrel of oil;1789

       (6) Two and one-half cents per thousand cubic feet of1790
natural gas;1791

       (7) One cent and three-fourths cents per ton of clay,1792
sandstone or conglomerate, shale, gypsum, or quartzite.1793

       (B) Of the moneys received by the treasurer of state from1794
the tax levied in division (A)(1) of this section, six and1795
three-tenths per cent shall be credited to the geological mapping1796
fund created in section 1505.09 of the Revised Code, fourteen and1797
two-tenths per cent shall be credited to the reclamation1798
forfeiture fund created in section 1513.18 of the Revised Code,1799
fifty-seven and nine-tenths per cent shall be credited to the coal1800
mining administration and reclamation reserve fund created in1801
section 1513.181 of the Revised Code, and the remainder shall be1802
credited to the unreclaimed lands fund created in section 1513.301803
of the Revised Code. When, at any time during a fiscal year, the1804
chief of the division of mineral resources management finds that1805
the balance of the coal mining administration and reclamation1806
reserve fund is below two million dollars, the chief shall certify1807
that fact to the director of budget and management. Upon receipt1808
of the chief's certification, the director shall direct the1809
treasurer of state to instead credit to the coal mining1810
administration and reclamation reserve fund during the remainder1811
of the fiscal year for which the certification is made the1812
fourteen and two-tenths per cent of the moneys collected from the1813
tax levied in division (A)(1) of this section and otherwise1814
required by this division to be credited to the reclamation1815
forfeiture fund.1816

       Fifteen Twenty-eight and five-tenths per cent of the moneys1817
received by the treasurer of state from the tax levied in division1818
(A)(2) of this section shall be credited to the geological mapping1819
fund and the remainder shall be credited to the unreclaimed lands1820
surface mining fund created in section 1514.06 of the Revised1821
Code.1822

       Of the moneys received by the treasurer of state from the tax1823
levied in divisions (A)(3) and (4) of this section, seven fourteen1824
and five-tenths per cent shall be credited to the geological1825
mapping fund, forty-two and five-tenths twenty-six per cent shall1826
be credited to the unreclaimed lands fund, and the remainder shall1827
be credited to the surface mining fund created in section 1514.061828
of the Revised Code.1829

       Of the moneys received by the treasurer of state from the tax1830
levied in divisions (A)(5) and (6) of this section, ninety per1831
cent shall be credited to the oil and gas well fund created in1832
section 1509.02 of the Revised Code and ten per cent shall be1833
credited to the geological mapping fund. All of Of the moneys1834
received by the treasurer of state from the tax levied in division1835
(A)(7) of this section, nine and one-tenth per cent shall be1836
credited to the geological mapping fund, and the remainder shall1837
be credited to the surface mining fund.1838

       (C) For the purpose of paying the state's expenses for1839
reclaiming mined lands that the operator failed to reclaim under a1840
coal mining and reclamation permit issued under Chapter 1513. of1841
the Revised Code, or under a surface mining permit issued under1842
Chapter 1514. of the Revised Code, for which the operator's bond1843
is not sufficient to pay the state's expense for reclamation,1844
there is hereby levied an excise tax on the privilege of engaging1845
in the severance of coal from the soil or water of this state in1846
addition to the taxes levied by divisions (A)(1) and (D) of this1847
section. The tax shall be imposed at the rate of one cent per ton1848
of coal. Moneys received by the treasurer of state from the tax1849
levied under this division shall be credited to the reclamation1850
forfeiture fund created in section 1513.18 of the Revised Code.1851

       (D) For the purpose of paying the state's expenses for1852
reclaiming coal mined lands that the operator failed to reclaim in1853
accordance with Chapter 1513. of the Revised Code under a coal1854
mining and reclamation permit issued after April 10, 1972, but1855
before September 1, 1981, for which the operator's bond is not1856
sufficient to pay the state's expense for reclamation and paying1857
the expenses for administering the state's coal mining and1858
reclamation regulatory program, there is hereby levied an excise1859
tax on the privilege of engaging in the severance of coal from the1860
soil or water of this state in addition to the taxes levied by1861
divisions (A)(1) and (C) of this section. The tax shall be1862
imposed at the rate of one cent per ton of coal as prescribed in1863
this division. Moneys received by the treasurer of state from the1864
tax levied by this division shall be credited to the reclamation1865
forfeiture fund created in section 1513.18 of the Revised Code.1866

       When, at the close of any fiscal year, the chief finds that1867
the balance of the reclamation forfeiture fund, plus estimated1868
transfers to it from the coal mining and reclamation reserve fund1869
under section 1513.181 of the Revised Code, plus the estimated1870
revenues from the tax levied by this division for the remainder of1871
the calendar year that includes the close of the fiscal year, are1872
sufficient to complete the reclamation of such lands, the purposes1873
for which the tax under this division is levied shall be deemed1874
accomplished at the end of that calendar year. The chief, within1875
thirty days after the close of the fiscal year, shall certify1876
those findings to the tax commissioner, and the tax shall cease to1877
be imposed after the last day of that calendar year.1878

       (E) On the day fixed for the payment of the severance taxes1879
required to be paid by this section, the taxes with any penalties1880
or interest on them shall become a lien on all property of the1881
taxpayer in this state whether the property is employed by the1882
taxpayer in the prosecution of its business or is in the hands of1883
an assignee, trustee, or receiver for the benefit of creditors or1884
stockholders. The lien shall continue until the taxes and any1885
penalties or interest thereon are paid.1886

       Upon failure of the taxpayer to pay a tax on the day fixed1887
for payment, the tax commissioner may file, for which no filing1888
fee shall be charged, in the office of the county recorder in each1889
county in this state in which the taxpayer owns or has a1890
beneficial interest in real estate, notice of the lien containing1891
a brief description of the real estate. The lien shall not be1892
valid as against any mortgagee, purchaser, or judgment creditor1893
whose rights have attached prior to the time the notice is filed1894
in the county in which the real estate that is the subject of the1895
mortgage, purchase, or judgment lien is located. The notice shall1896
be recorded in a book kept by the recorder called the "severance1897
tax lien record" and indexed under the name of the taxpayer1898
charged with the tax. When the tax has been paid, the tax1899
commissioner shall furnish to the taxpayer an acknowledgement of1900
payment, which the taxpayer may record with the recorder of each1901
county in which notice of the lien has been filed.1902

       Section 2.  That existing sections 1514.01, 1514.02,1903
1514.021, 1514.03, 1514.04, 1514.05, 1514.06, 1514.07, 1514.08,1904
1514.09, 1514.10, 1514.11, 1514.99, and 5749.02 of the Revised 1905
Code are hereby repealed.1906

       Section 3. The Director of Natural Resources shall conduct a1907
study of the Division of Mineral Resources Management's safety1908
inspection program for noncoal surface mining. The study shall1909
examine the organizational structure of the safety inspection1910
program and make recommendations to improve efficiency, improve1911
workers safety, expand the safety training program, and reduce1912
duplication by evaluating potential improvements to worker safety1913
and program effectiveness through any or all of the following:1914

       (A) The repeal of the provisions in Chapter 1561. of the1915
Revised Code that apply to noncoal surface mines, specifically the1916
repeal of the provisions concerning the inspection of noncoal1917
surface mines;1918

       (B) The repeal of the provisions in Am. H.B. 384 of the 123rd1919
General Assembly that apply to noncoal surface mines;1920

       (C) The adoption by reference only of the federal Mine Safety1921
and Health Administration part 56 standards for noncoal surface1922
mines as identified by the Director;1923

       (D) The establishment of a training program by the Department1924
of Natural Resources in accordance with part 46 standards as1925
identified by the Director;1926

       (E) The establishment of a courtesy inspection program by the1927
Department in conjunction with the Division of Safety and Hygiene1928
in the Bureau of Workers' Compensation.1929

       In conducting the study, the Director shall seek the advice1930
and opinions of a representative from a trade organization that1931
represents noncoal surface and clay mines. Not later than January1932
1, 2002, the Director shall report the findings and1933
recommendations of the study to the Governor, the President of the1934
Senate, and the Speaker of the House of Representatives.1935

       Section 4. Section 5749.02 of the Revised Code, as amended by1936
this act, shall take effect January 1, 2002.1937

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