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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 |
| |
SENATORS Carnes, Robert Gardner
A BILL
| To amend sections 1514.01, 1514.02, 1514.021, 1514.03 | 1 |
|
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, and | 15 |
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 process | 18 |
followed in the production of minerals from the
earth or from the | 19 |
surface of the land by surface excavation
methods, such as open | 20 |
pit mining, dredging, placering, or
quarrying, and includes the | 21 |
removal of overburden for the purpose
of determining the location, | 22 |
quantity, or quality of mineral
deposits, and the incidental | 23 |
removal of coal at a rate less than
one-sixth the total weight of | 24 |
minerals and coal removed during
the year, but does not include: | 25 |
test or exploration boring;
mining operations carried out beneath | 26 |
the surface by means of
shafts, tunnels, or similar mine openings; | 27 |
the extraction of
minerals, other than coal, by a landowner for | 28 |
his
the
landowner's own
noncommercial use where such material is | 29 |
extracted and used in an
unprocessed form on the same tract of | 30 |
land; the extraction of
minerals, other than coal, from borrow | 31 |
pits for highway
construction purposes, provided that the | 32 |
extraction is performed
under a bond, a contract, and | 33 |
specifications that substantially
provide for and require | 34 |
reclamation practices consistent with the
requirements of this | 35 |
chapter; the removal of minerals incidental
to construction work, | 36 |
provided that the owner or person having
control of the land upon | 37 |
which the construction occurs, the
contractor, or the construction | 38 |
firm possesses a valid building
permit;
or the removal of minerals | 39 |
to a depth of not more than
five feet, measured from the highest | 40 |
original surface elevation
of the area to be excavated, where not | 41 |
more than one acre of land
is excavated during twelve successive | 42 |
calendar months; or routine dredging of
a
watercourse for purely | 43 |
navigational purposes during which
materials are removed for | 44 |
noncommercial
purposes. | 45 |
(B) "Minerals" means sand, gravel, clay, shale, gypsum, | 46 |
halite, limestone, dolomite, sandstone, other stone,
metalliferous | 47 |
or nonmetalliferous ore, or other material or
substance of | 48 |
commercial value excavated in a solid state from
natural deposits | 49 |
on or in the earth, but does not include coal or
peat. | 50 |
(C) "Overburden" means all of the earth and other
materials | 51 |
that cover a natural deposit of minerals and also
means such earth | 52 |
and other materials after removal from their
natural state in the | 53 |
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
has | 56 |
been excavated, or upon which a spoil bank exists, or both. | 57 |
(F)(1) "Operation" or "surface mining operation" means all | 58 |
of
the premises, facilities, and equipment used in the process of | 59 |
removing minerals, or minerals and incidental coal, by surface | 60 |
mining from a mining area in the creation of which mining area | 61 |
overburden or minerals, or minerals and incidental coal, are | 62 |
disturbed or removed, such surface mining area being located upon | 63 |
a single tract of land or upon two or more contiguous tracts of | 64 |
land. Separation by a stream or roadway shall not preclude the | 65 |
tracts from being considered contiguous. | 66 |
(2) When the context indicates, "operation" or "in-stream | 67 |
mining
operation" means all of the premises, facilities, and | 68 |
equipment
used in the
process of removing
minerals by in-stream | 69 |
mining from
a mining area. | 70 |
(G) "Operator" means any person engaged in surface mining | 71 |
who removes minerals, or minerals and incidental coal, from the | 72 |
earth by surface mining or who removes overburden for the purpose | 73 |
of determining the location, quality, or quantity of a mineral | 74 |
deposit.
"Operator" also means
any
person engaged in in-stream | 75 |
mining who removes minerals from
the bottom of the
channel of a | 76 |
watercourse by in-stream mining. | 77 |
(H) "Performance bond" means the surety bond required to be | 78 |
filed under
section 1514.04 of the Revised Code and includes cash, | 79 |
an irrevocable letter
of credit, and negotiable certificates of | 80 |
deposit authorized to be deposited
in lieu of the surety bond | 81 |
under that section. | 82 |
(I)
"Dewatering" means the withdrawal of ground water from
an | 83 |
aquifer or saturated zone that may result in the lowering of
the | 84 |
water level
within the aquifer or
saturated zone or a decline
of | 85 |
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 in | 88 |
the
water table or potentiometric surface of a body of ground | 89 |
water that
develops around
a location from which ground water is | 90 |
being withdrawn. | 91 |
(L) "High water mark" means the line on the shore that is | 92 |
established by the fluctuations of water and indicated by physical | 93 |
characteristics such as a natural line impressed on the bank; | 94 |
shelving;
changes in the character of soil; destruction of | 95 |
terrestrial vegetation; the
presence of litter and debris; or | 96 |
other appropriate means that consider the
characteristics of the | 97 |
surrounding area. | 98 |
(M) "In-stream mining" means all or any part of a process | 99 |
followed in the production of minerals from the bottom of the | 100 |
channel of a
watercourse that drains a
surface area of more than | 101 |
one hundred square miles. "In-stream
mining" may be accomplished | 102 |
by using any technique or by using
surface excavation methods, | 103 |
such as open pit mining, dredging,
placering, or quarrying, and | 104 |
includes the removal of overburden
for the purpose of determining | 105 |
the location, quantity, or quality
of mineral deposits.
"In-stream | 106 |
mining" does not include either
of the following: | 107 |
(1) Routine dredging for purely navigational purposes during | 108 |
which materials are removed for noncommercial purposes; | 109 |
(2) The extraction of minerals, other than coal, by a | 110 |
landowner
for the landowner's own noncommercial use when the | 111 |
material is
extracted and used in an unprocessed form on the same | 112 |
tract of
land. | 113 |
For purposes of division (M) of this section, the number of | 114 |
square
miles of surface area that a watercourse drains shall be | 115 |
determined by
consulting the "gazetteer of Ohio streams," which is | 116 |
a
portion of the Ohio water plan inventory published in 1960 by | 117 |
the
division of water in the department of natural resources, or | 118 |
its
successor, if any. | 119 |
(N) In provisions concerning in-stream mining, when the | 120 |
context
is appropriate, "land" is deemed to include an area of a | 121 |
watercourse. | 122 |
(O) "Watercourse" means any naturally occurring perennial or | 123 |
intermittent stream, river, or creek flowing within a defined | 124 |
stream bed and banks. | 125 |
Sec. 1514.02. (A) After the dates the chief of the division | 126 |
of mineral resources management
prescribes by
rule pursuant to | 127 |
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 in | 129 |
surface mining or conduct a surface
mining operation without a | 130 |
surface mining permit issued by the chief. | 131 |
No person shall
engage in in-stream mining or conduct an | 132 |
in-stream mining operation
without an in-stream mining permit | 133 |
issued by the chief. However, a person
who,
on the effective date | 134 |
of this amendment, holds a valid permit to
conduct in-stream | 135 |
mining that is issued under section 10 of the
"Rivers and
Harbors | 136 |
Appropriation
Act of 1899," 30
Stat. 1151, 33
U.S.C. 403, as | 137 |
amended,
shall not be required to obtain an in-stream mining | 138 |
permit from the chief
under this section until the existing permit | 139 |
expires. | 140 |
An application for a
surface or in-stream mining permit shall | 141 |
be upon the form that the
chief prescribes and provides and shall | 142 |
contain all of the
following: | 143 |
(1) The name and address of the applicant, of all partners | 144 |
if the applicant is a partnership, or of all officers and | 145 |
directors if the applicant is a corporation, and any other person | 146 |
who has a right to control or in fact controls the management of | 147 |
the applicant or the selection of officers, directors, or
managers | 148 |
of the applicant; | 149 |
(2) A list of the minerals and coal, if any coal, sought
to | 150 |
be extracted, an estimate of the annual production rates for
each | 151 |
mineral and coal, and a description of the land upon which
the | 152 |
applicant proposes to engage in a surface
or in-stream mining | 153 |
operation,
which
description shall set forth the
name
names of the | 154 |
counties,
townships, and municipal corporations, if any, in which | 155 |
the land
is located; the location of its boundaries; and a | 156 |
description of
the land of sufficient certainty that it may be | 157 |
located and
distinguished from other lands; | 158 |
(3)
The name of each county,
township, or municipal | 159 |
corporation, if any, that has in effect a
zoning resolution or | 160 |
ordinance that would affect the proposed
surface or in-stream | 161 |
mining operation or, if no such zoning resolution or
ordinance is | 162 |
in effect, a statement attesting to that fact. The application | 163 |
also shall
contain an explanation of how the applicant intends to | 164 |
comply with
any
applicable
provisions of a zoning resolution or | 165 |
ordinance. | 166 |
(4) An estimate of the number of acres of land that will | 167 |
comprise the total area of land to be affected and an estimate of | 168 |
the number of acres of land to be affected during the first year | 169 |
of operation under the permit; | 170 |
|
(4)(5) The name and address of the owner of surface rights | 171 |
in
the land upon which the applicant proposes to engage in surface | 172 |
or in-stream mining; | 173 |
(5)(6) A copy of the deed, lease, or other instrument that | 174 |
authorizes entry upon the land by the applicant or the
applicant's | 175 |
agents
if surface rights in the land are not owned by the | 176 |
applicant; | 177 |
(6)(7) A statement of whether any surface
or in-stream | 178 |
mining permits or
coal mining and reclamation permits are now held | 179 |
by the applicant
in this state and, if so, the numbers of the | 180 |
permits; | 181 |
(7)(8) A statement of whether the applicant, any partner if | 182 |
the
applicant is a partnership, any officer or director if the | 183 |
applicant is a corporation, or any other person who has a right
to | 184 |
control or in fact controls the management of the applicant or
the | 185 |
selection of officers, directors, or managers of the
applicant has | 186 |
ever had a surface
or in-stream mining permit or coal mining and | 187 |
reclamation
permit issued by this or any other state suspended or | 188 |
revoked or
has ever forfeited a surface
or in-stream mining or | 189 |
coal mining and
reclamation
bond or cash, an irrevocable letter of | 190 |
credit, or a security
deposited in lieu of a bond; | 191 |
(8)(9) A report of the results of test borings that the | 192 |
operator has conducted on the area or otherwise has readily | 193 |
available, including, to the extent that the information is | 194 |
readily available to the operator, the nature and depth of | 195 |
overburden and material underlying each mineral or coal deposit, | 196 |
and the thickness and extent of each mineral or coal deposit.
In | 197 |
the case of an
application for an in-stream mining permit, the | 198 |
report
additionally
shall include sufficient information to show | 199 |
the
approximate depth to
bedrock. All
information relating to | 200 |
test boring results submitted to the
chief
pursuant to this | 201 |
section shall be kept confidential and not
made a
matter of public | 202 |
record, except that the information
may be
disclosed by the chief | 203 |
in any legal action in which the
truthfulness of the information | 204 |
is material. | 205 |
(9)(10) A complete plan for
surface or in-stream mining and | 206 |
reclamation of the area
to be affected, which shall include a | 207 |
statement of the intended
future uses of the area and show the | 208 |
approximate sequence in
which
mining and reclamation measures are | 209 |
to occur, the
approximate
intervals following mining during which | 210 |
the
reclamation of all
various parts of the area affected will be | 211 |
completed, and the
measures the operator will perform to prevent | 212 |
damage to adjoining
property and to achieve all of the following | 213 |
general performance
standards for mining and reclamation: | 214 |
(a) Prepare the site adequately for its intended future
uses | 215 |
upon completion of mining; | 216 |
(b)
Where a plan of zoning or other comprehensive plan has | 217 |
been adopted that governs land uses or the construction of
public | 218 |
improvements and utilities for an area that includes the
area | 219 |
sought to be mined, ensure that future land uses within the
site | 220 |
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, wherever | 234 |
needed, sufficient to achieve soil stability and control | 235 |
landslides, erosion, and sedimentation. Highwalls will be | 236 |
permitted if they are compatible with the future uses specified
in | 237 |
the plan and measures will be taken to ensure public safety.
| 238 |
Where ponds, impoundments, or other resulting bodies of water are | 239 |
intended for recreational use, establish banks and slopes that | 240 |
will ensure safe access to those bodies of water. Where such | 241 |
bodies of water are not intended for recreation, include measures | 242 |
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 and | 249 |
legumes or trees, grasses, and legumes capable of | 250 |
self-regeneration and plant succession wherever required by the | 251 |
plan; | 252 |
(f) Remove or bury any metal, lumber, equipment, or other | 253 |
refuse resulting from mining, and remove or bury any unwanted or | 254 |
useless structures; | 255 |
(g) Reestablish boundary, section corner, government, and | 256 |
other survey monuments that were removed by the operator; | 257 |
(h) During mining and reclamation, ensure that | 258 |
contamination, resulting from mining, of underground water | 259 |
supplies is prevented. Upon completion of reclamation, ensure | 260 |
that any
watercourse, lake, or pond located within the site | 261 |
boundaries is free
of substances resulting from mining in amounts | 262 |
or concentrations
that are harmful to persons, fish, waterfowl, or | 263 |
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
any | 267 |
ponds in such condition as to avoid their constituting a
hazard to | 268 |
adjoining lands. | 269 |
(j)
During mining and reclamation, ensure that the effect of | 270 |
any
reduction of the quantity of ground water is minimized; | 271 |
(j)(k) Ensure that mining and reclamation are carried out in | 272 |
the sequence and manner set forth in the plan and that
reclamation | 273 |
measures are performed in a timely manner. All
reclamation of an | 274 |
area of land affected shall be completed no
later than three years | 275 |
following the mining of the area unless
the operator makes a | 276 |
showing satisfactory to the chief that the
future use of the area | 277 |
requires a longer period for completing
reclamation. | 278 |
(k)(l) During mining, store topsoil or fill in quantities | 279 |
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 soil | 282 |
erosion and sedimentation wherever substantial damage to
adjoining | 283 |
property might occur. | 284 |
(l)(m) During mining, promptly remove, store, or cover any | 285 |
coal, pyritic shale, or other acid producing materials in a
manner | 286 |
that will minimize acid drainage and the accumulation of
acid | 287 |
water; | 288 |
(m)(n) During mining, detonate explosives in a manner that | 289 |
will
prevent damage to adjoining property; | 290 |
(o) In the case of in-stream mining, do all of the | 291 |
following: | 292 |
(i) Limit access to the channel of a watercourse to a single | 293 |
point
of entry on one bank of the watercourse; | 294 |
(ii) Maintain riparian vegetation to the fullest extent | 295 |
possible; | 296 |
(iii) Upon cessation of in-stream mining, stabilize and | 297 |
reclaim
to the pre-mined condition the banks of a watercourse | 298 |
affected by
in-stream mining. | 299 |
(10)(11) For any applicant, except an applicant for an | 300 |
in-stream mining permit, who intends to extract less than
ten | 301 |
thousand tons of minerals per year and no incidental coal, a | 302 |
current tax map, in triplicate and notarized, and the appropriate | 303 |
United States geological survey seven and one-half minute | 304 |
topographic map. Each copy shall bear the applicant's name and | 305 |
shall identify the area of land to be affected corresponding to | 306 |
the application. | 307 |
(11)(12) For any applicant
for a surface mining permit who | 308 |
intends to extract ten thousand
tons of minerals or more per year | 309 |
or who intends to extract any
incidental coal irrespective of the | 310 |
tonnage of minerals intended
to be mined, a map, in triplicate, on | 311 |
a scale of not more than
four hundred feet to the inch, or three | 312 |
copies of an enlarged
United States geological survey topographic | 313 |
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 such | 315 |
a map regardless of the
tons of
minerals that the applicant | 316 |
intends to extract. | 317 |
The map shall comply with all of the following: | 318 |
(a) Be prepared and certified by a professional
engineer or | 319 |
surveyor registered under Chapter 4733. of the Revised Code; | 320 |
(b) Identify the area of land to be affected corresponding | 321 |
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 affected | 326 |
during the period of the permit and the area of land estimated to | 327 |
be affected during the first year of operation, and name the | 328 |
surface
and mineral owners of record of the area and the owners of | 329 |
record of adjoining surface properties; | 330 |
(e) Show the names and locations of all streams, creeks,
or | 331 |
other bodies of water, roads, railroads, utility lines,
buildings, | 332 |
cemeteries, and oil and gas wells on the area of land
to be | 333 |
affected and within five hundred feet of the perimeter of
the | 334 |
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 from | 338 |
the area of land to be affected, indicating the directional flow | 339 |
of water, constructed drainways, natural waterways used for | 340 |
drainage, and the streams or tributaries receiving or to receive | 341 |
this discharge; | 342 |
(h) Show the location of available test boring holes that | 343 |
the operator has conducted on the area of land to be affected or | 344 |
otherwise has readily available; | 345 |
(i) Show the date on which the map was prepared, the north | 346 |
direction and the quadrangle sketch, and the exact location of
the | 347 |
operation; | 348 |
(j) Show the type, kind, location, and references of all | 349 |
existing boundary, section corner, government, and other survey | 350 |
monuments within the area to be affected and within five hundred | 351 |
feet of the perimeter of the area. | 352 |
The certification of the maps shall read: "I, the | 353 |
undersigned, hereby certify that this map is correct, and shows
to | 354 |
the best of my knowledge and belief all of the information | 355 |
required by the surface
or in-stream mining laws, as applicable, | 356 |
of the state." The
certification shall be signed and attested | 357 |
before a notary
public.
The chief may reject any map as incomplete | 358 |
if its
accuracy is not
so certified and attested. | 359 |
(12)(13) A certificate of public liability insurance issued | 360 |
by
an insurance company authorized to do business in this state or | 361 |
obtained pursuant to sections 3905.30 to 3905.35 of the Revised | 362 |
Code covering all surface
or in-stream mining operations of the | 363 |
applicant in
this state and affording bodily injury and property | 364 |
damage
protection in amounts not less than the following: | 365 |
(a) One hundred thousand dollars for all damages because
of | 366 |
bodily injury sustained by one person as the result of any one | 367 |
occurrence, and three hundred thousand dollars for all damages | 368 |
because of bodily injury sustained by two or more persons as the | 369 |
result of any one occurrence; | 370 |
(b) One hundred thousand dollars for all claims arising
out | 371 |
of damage to property as the result of any one occurrence,
with an | 372 |
aggregate limit of three hundred thousand dollars for all
property | 373 |
damage to which the policy applies. | 374 |
(14) A sworn statement by the applicant that, during the | 375 |
term of
any permit issued under this chapter or of any renewal of | 376 |
such a permit, the
applicant will comply with
all applicable | 377 |
zoning
resolutions or ordinances that are in effect at the time | 378 |
the application is filed unless the resolutions or ordinances | 379 |
subsequently become invalid during the term of the permit or | 380 |
renewal; | 381 |
(15)
A copy of the advertisement that the applicant is | 382 |
required
to have published in accordance with section 1514.022 of | 383 |
the Revised Code, if applicable; | 384 |
(14)(16)
For any applicant whose operation may result in | 385 |
dewatering, a
compilation of data in a form that is prescribed by | 386 |
the chief and that is
suitable to conduct ground water modeling in | 387 |
order to establish a projected
cone of depression for purposes of | 388 |
section 1514.13 of the Revised Code. The chief shall
adopt rules | 389 |
as provided in section 1514.08 of the Revised Code establishing | 390 |
the minimum
requirements and
standards governing the data required | 391 |
under this division. | 392 |
(17) A statement by the applicant certifying that the | 393 |
applicant has
communicated with the county engineer of the county | 394 |
in which the proposed
surface or in-stream mining operation will | 395 |
be located
regarding any streets and roads under
the county | 396 |
engineer's
jurisdiction that will be used by vehicles entering and | 397 |
leaving
the proposed surface or in-stream mining operation; | 398 |
(18) In the case of an application for an in-stream mining | 399 |
permit, a hydraulic evaluation of the watercourse prepared by a | 400 |
professional
engineer registered under
Chapter 4733. of the | 401 |
Revised Code. The hydraulic
evaluation
shall include, without | 402 |
limitation, all of the
following: | 403 |
(a)
Soundings that depict the cross-sectional views of the | 404 |
channel bottom of the watercourse and water elevations for the | 405 |
watercourse; | 406 |
(b) A profile of the channel bottom; | 407 |
(c)
An analysis of design flows and water surface profiles | 408 |
for
the watercourse prior to in-stream mining and the proposed | 409 |
final mining
condition; | 410 |
(d)
An analysis of the expected changes in the roughness | 411 |
coefficient, resistance to water flow velocity, and hydraulic | 412 |
gradient in the channel bottom due to
the proposed mining; | 413 |
(e)
Any additional information that the chief requires in | 414 |
order
to evaluate the potential impact of in-stream mining on the | 415 |
watercourse and to determine if any additional performance | 416 |
standards are required to protect the environment and property | 417 |
outside the limits of the operation as established in the permit. | 418 |
(B) No permit application or amendment shall be approved
by | 419 |
the chief if the chief finds that the reclamation
described in the | 420 |
application will not be performed in full compliance with this | 421 |
chapter or that there is not reasonable cause to believe that | 422 |
reclamation as required by this chapter will be accomplished. | 423 |
The chief shall issue an order denying an application for
an | 424 |
operating permit or an amendment if the chief determines
that the | 425 |
measures set forth in the plan are likely to be inadequate to | 426 |
prevent damage to adjoining property or to achieve one or more of | 427 |
the performance standards required in division (A)(9)(10) of this | 428 |
section. | 429 |
No permit application or amendment shall be approved if the | 430 |
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 to | 433 |
surface mine land adjacent to a public road in violation of | 434 |
section 1563.11 of the Revised Code. | 435 |
To ensure adequate lateral support, no permit application
or | 436 |
amendment shall be approved to engage in surface
or in-stream | 437 |
mining on
land
that is closer than fifty feet of horizontal | 438 |
distance to any
adjacent land or waters in which the operator | 439 |
making application
does not own the surface or mineral rights | 440 |
unless the owners of
the surface and mineral rights in and under | 441 |
the adjacent land or
waters consent in writing to surface
or | 442 |
in-stream mining closer than fifty
feet
of horizontal distance. | 443 |
The consent, or a certified copy
thereof,
shall be attached to the | 444 |
application as a part of the
permanent
record of the application | 445 |
for a surface
or in-stream mining permit. | 446 |
The chief shall issue an order granting a permit upon the | 447 |
chief's
approval of an application, as required by this section, | 448 |
filing of the performance bond required
by section 1514.04 of the | 449 |
Revised Code, and payment of a permit
fee in the amount of
two | 450 |
five hundred
fifty dollars and
an acreage fee
in the amount of | 451 |
thirty
seventy-five dollars multiplied by the
number of acres | 452 |
estimated in the application that will comprise the area of land | 453 |
to be affected within the first year of operation under the | 454 |
permit, but which acreage fee shall not exceed one thousand | 455 |
dollars per year. | 456 |
The chief may issue an order denying a permit if the chief | 457 |
finds
that the applicant, any partner if the applicant is a | 458 |
partnership, any officer or director if the applicant is a | 459 |
corporation, or any other person who has a right to control or in | 460 |
fact controls the management of the applicant or the selection of | 461 |
officers, directors, or managers of the applicant has | 462 |
substantially or materially failed to comply or continues to fail | 463 |
to comply with this chapter, which failure may consist of one or | 464 |
more violations thereof, a rule adopted thereunder, or an order
of | 465 |
the chief or failure to perform reclamation as required by
this | 466 |
chapter. The chief may deny or revoke the permit of any
person | 467 |
who so violates or fails to comply or who purposely
misrepresents | 468 |
or omits any material fact in the application for
the permit or an | 469 |
amendment to a permit. | 470 |
If the chief denies the permit, the chief shall state the | 471 |
reasons
for denial in the order denying the permit. | 472 |
Each permit shall be issued upon condition that the operator | 473 |
will comply with this chapter and
perform
the measures set forth | 474 |
in the operator's plan of
mining and
reclamation in a timely | 475 |
manner
and upon the right of the. The
chief,
mineral resources | 476 |
inspectors, or other authorized
representatives of the
chief
to | 477 |
may enter upon the premises of the
operator at reasonable
times | 478 |
for
the purposes of determining
whether or not there is
compliance | 479 |
with this chapter. | 480 |
(C) If the chief approves
the
an application
for a surface | 481 |
mining permit, the order
granting the permit shall authorize the | 482 |
person to whom the permit
is issued to engage as the operator of a | 483 |
surface mining operation
upon the land described in the permit | 484 |
during a period that shall
expire
ten
fifteen years after the date | 485 |
of issuance of the
permit,
or
upon the date when the chief, after | 486 |
inspection, orders the
release of any remaining performance bond | 487 |
deposited to
assure
satisfactory performance of the reclamation | 488 |
measures
required
pursuant to this chapter, whichever occurs | 489 |
earlier. | 490 |
If the chief approves an application for an in-stream mining | 491 |
permit, the order granting the permit shall authorize the person | 492 |
to whom the permit is issued to engage as the operator of an | 493 |
in-stream mining operation on the land described in the permit | 494 |
during a period that shall expire two years after the date of | 495 |
issuance of the permit, or on the date when the chief, after | 496 |
inspection, orders the release of any remaining bond, cash, | 497 |
irrevocable letters of credit, or certificates of deposit that | 498 |
were
deposited to ensure satisfactory performance of the | 499 |
reclamation
measures required under this chapter, whichever occurs | 500 |
earlier. | 501 |
(D) Before an operator engages in a surface
or in-stream | 502 |
mining
operation
on land not described in the operator's permit, | 503 |
but that is
contiguous to the land described in the operator's | 504 |
permit,
the
operator shall file
with the chief an application for | 505 |
an amendment
to the
operator's permit.
Before approving an | 506 |
amendment, the
chief shall require the
information, maps, fees, | 507 |
and
amount,
except as otherwise provided by
rule, of the | 508 |
performance bond as
required for an original application under | 509 |
this section and
shall
apply the same prohibitions and | 510 |
restrictions applicable to
land
described in an original | 511 |
application for a permit.
An applicant
for a significant amendment | 512 |
to a permit, as
"significant" is
defined by rule, shall include a | 513 |
copy of the
advertisement that
the applicant is required to have | 514 |
published in
accordance with
section 1514.022 of the Revised
Code.
| 515 |
If the chief disapproves
the amendment, the chief shall state the | 516 |
reasons for
disapproval
in the order disapproving the amendment. | 517 |
Upon the
approval of an
amendment by the chief, the operator shall | 518 |
be
authorized to engage
in surface mining on the land
or in-stream | 519 |
mining in the watercourse described in
the operator's original | 520 |
permit plus the land
or area of the watercourse described in
the | 521 |
amendment
until the date
when the permit expires, or when the | 522 |
chief, after
inspection,
orders the release of any remaining | 523 |
performance bond
deposited to
assure satisfactory performance of | 524 |
the
reclamation measures
required pursuant to this chapter, | 525 |
whichever
occurs earlier. | 526 |
(E) An operator, at any time and upon application therefor | 527 |
and approval by the chief, may amend the plan of mining and | 528 |
reclamation filed with the application for a permit in order to | 529 |
change the reclamation measures to be performed, modify the | 530 |
interval after mining within which reclamation measures will be | 531 |
performed, change the sequence in which mining or reclamation
will | 532 |
occur at specific locations within the area affected, mine
acreage | 533 |
previously mined or reclaimed, or for any other purpose,
provided | 534 |
that the plan, as amended, includes measures that the
chief | 535 |
determines will be adequate to prevent damage to adjoining | 536 |
property and to achieve the performance standards set forth in | 537 |
division (A)(9)(10) of this section.
An application for a | 538 |
significant
amendment to a plan, as
"significant" is defined by | 539 |
rule, shall
include a copy of the
advertisement that the applicant | 540 |
is required
to have published in
accordance with section 1514.022 | 541 |
of the
Revised
Code. | 542 |
The chief may propose one or more amendments to the plan in | 543 |
writing, within ninety days after the fifth anniversary of the | 544 |
date of issuance of
the
a surface mining permit
and
or within | 545 |
ninety days after the first anniversary of the date of issuance of | 546 |
an in-stream mining permit. The chief's proposal may be made upon | 547 |
a finding of any of the
following conditions after a complete | 548 |
review of the plan and
inspection of the area of land affected, | 549 |
and the plan shall be so
amended upon written concurrence in the | 550 |
findings and approval of
the amendments by the operator: | 551 |
(1) An alternate measure, in lieu of one previously
approved | 552 |
in the plan, will more economically or effectively
achieve one or | 553 |
more of the performance standards. | 554 |
(2) Developments in reclamation technology make an
alternate | 555 |
measure to achieve one or more of the performance
standards more | 556 |
economical, feasible, practical, or effective. | 557 |
(3) Changes in the use or development of adjoining lands | 558 |
require changes in the intended future uses of the area of land | 559 |
affected in order to prevent damage to adjoining property. | 560 |
(F)
The chief shall issue an order granting or denying an | 561 |
operating permit or amendment to a permit or approving or denying | 562 |
an amendment to the operator's plan of mining and reclamation | 563 |
within ninety days after the filing of an application therefor.
| 564 |
If the chief fails to act within that period with respect to a | 565 |
surface mining operation that existed prior to the
initial date by | 566 |
which the chief requires a permit to be obtained,
the operator
may | 567 |
continue the operation until the chief issues an
order
denying a | 568 |
permit for the operation, and if the operator
elects to
appeal the | 569 |
order pursuant to section 1513.13 of the
Revised
Code, until the | 570 |
reclamation commission affirms
the order
of
the chief denying the | 571 |
permit, and if the operator elects to
appeal the order of the | 572 |
commission pursuant to section
1513.14 of
the
Revised Code, until | 573 |
the court of common pleas affirms the
order
The holder of a | 574 |
surface or in-stream mining permit who desires to transfer the | 575 |
rights granted under the permit to another person at any time | 576 |
during the term of the permit or its renewal shall file with the | 577 |
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 continue | 582 |
surface
or in-stream mining operations after the expiration date | 583 |
of the
existing permit or renewal permit shall file with the chief | 584 |
of
the
division of mineral resources
management an application for | 585 |
renewal of a
surface
or in-stream mining permit or renewal permit | 586 |
at least
ninety days
before the expiration date of the existing | 587 |
permit or
renewal
permit. The application shall be upon the form | 588 |
that the
chief
prescribes and provides and shall be accompanied by | 589 |
the
a
permit
fees required under division (B) of section 1514.02 | 590 |
of the
Revised Code
renewal fee in the amount of one thousand | 591 |
dollars. | 592 |
(B) Upon receipt of an application for renewal and the | 593 |
permit
renewal fee under division (A) of this section, the chief | 594 |
shall
notify the applicant to submit a map that is a composite of | 595 |
the
information required to be contained in the most recent annual | 596 |
report map under section 1514.03 of the Revised Code and of all | 597 |
surface
or in-stream mining and reclamation activities conducted | 598 |
under the
existing permit or renewal permit; the annual report | 599 |
required
under section 1514.03 of the Revised Code;
in the case of | 600 |
an
applicant proposing a significant change to the
plan of mining | 601 |
and
reclamation, as "significant" is defined by
rule, a copy of | 602 |
the
advertisement that the applicant is required
to have published | 603 |
in
accordance with section 1514.022 of the
Revised Code; and | 604 |
additional
maps, plans, and revised or updated information that | 605 |
the
chief determines to be necessary for permit renewal. Within | 606 |
sixty days
after receipt of this notification, the applicant shall | 607 |
submit
all the required information to the chief. | 608 |
(C)(1) Upon receipt of the information required under | 609 |
division (B) of this section
and except as otherwise provided in | 610 |
division
(C)(2) of this section, the chief
may
shall approve
the | 611 |
application for renewal and issue an order granting a renewal | 612 |
permit
if
unless the chief finds that
both
any of
the following | 613 |
apply
applies: | 614 |
(1)(a) The permit holder's operation is
not in
substantial | 615 |
or material compliance with
this chapter, rules adopted and orders | 616 |
issued under it, and the
plan of mining and reclamation under the | 617 |
existing permit or
renewal permit;. | 618 |
(2)(b) The permit holder has
not provided evidence
that a | 619 |
performance
bond filed under section 1514.04 of the Revised Code | 620 |
applicable
to lands affected under the existing permit or renewal | 621 |
permit
will remain effective until released under section 1514.05 | 622 |
of the
Revised Code. | 623 |
(c) The permit holder, any partner if the applicant is a | 624 |
partnership, any officer or director if the applicant is a | 625 |
corporation, or any
other person who has a right to control or in | 626 |
fact controls the management of
the applicant or the selection of | 627 |
officers, directors, or managers of the
applicant has failed | 628 |
substantially or materially to comply or continues to
fail to | 629 |
comply with this chapter as provided in section 1514.02 of the | 630 |
Revised Code. | 631 |
(2) If the application for renewal proposes significant | 632 |
changes
to the plan of mining and reclamation, as "significant" is | 633 |
defined
by rule, the chief may, but is not required to, approve | 634 |
the
application for renewal. | 635 |
(D) Within sixty days after receiving the information and | 636 |
permit
renewal fees required under divisions (A) and (B) of this | 637 |
section,
the chief shall approve the application for renewal and | 638 |
issue an
order granting a renewal permit, issue an order denying | 639 |
the
application, or notify the applicant that the time limit for | 640 |
issuing such an order has been extended. This extension of time | 641 |
shall not exceed sixty days. | 642 |
(E) If an applicant for a renewal permit has complied with | 643 |
division (A) of this section, the applicant may continue surface | 644 |
or in-stream mining operations under the existing permit or | 645 |
renewal permit
after its expiration date until the sixty-day | 646 |
period for filing
the information required by the chief under | 647 |
division (B) of this
section has expired or until the chief issues | 648 |
an order under
division (D) of this section denying the renewal | 649 |
permit. | 650 |
(F) A permit holder who fails to submit an application and | 651 |
required permit
renewal fees within the time prescribed by | 652 |
division (A)
of
this section shall cease surface
or in-stream | 653 |
mining operations on the
expiration date of the existing permit or | 654 |
renewal permit. If
such
a permit holder then submits an | 655 |
application for renewal and
the
permit
renewal fees otherwise | 656 |
required by division (A) of this
section on
or before the | 657 |
thirtieth day after the expiration date
of the
expired permit or | 658 |
renewal permit and provides the
information
required by the chief | 659 |
under division (B) of this
section within
sixty days after being | 660 |
notified of the information
required under
that division, the | 661 |
permit holder need not
submit the final map
and
report required by | 662 |
section 1514.03 of the Revised Code until
the
later of thirty days | 663 |
after the chief issues an order denying
the
application for | 664 |
renewal or thirty days after the chief's
order is
affirmed upon | 665 |
appeal under section 1513.13 or 1513.14 of
the
Revised Code. An | 666 |
applicant under this division who fails to
provide the information | 667 |
required by the chief under division (B)
of this section within | 668 |
the prescribed time period shall
submit
the
final map and report | 669 |
required by section 1514.03 of the
Revised
Code within thirty days | 670 |
after the expiration of that
prescribed
period. | 671 |
(G) If the chief issues an order denying an application
for | 672 |
renewal of a permit or renewal permit after the expiration
date of | 673 |
the permit, the permit holder shall cease surface
or in-stream | 674 |
mining
operations immediately and, within thirty days after the | 675 |
issuance
of the order, shall submit the final report and map | 676 |
required
under
section 1514.03 of the Revised Code. The chief | 677 |
shall state
the
reasons for denial in the order denying renewal of | 678 |
the
application. An applicant may appeal the chief's order | 679 |
denying
the renewal under section 1513.13 of the Revised Code and | 680 |
may
continue surface
or in-stream mining and reclamation | 681 |
operations under the
expired permit until the reclamation | 682 |
commission
affirms the
chief's order under that section
and, if | 683 |
the applicant elects to
appeal the order of the commission
under | 684 |
section 1513.14 of the
Revised Code, until the court of appeals | 685 |
affirms the order. | 686 |
(H) The approval of an application for renewal under this | 687 |
section authorizes the continuation of
the
an existing
surface | 688 |
mining permit or renewal permit for a term of
ten
fifteen years | 689 |
from the expiration date of the existing permit. | 690 |
The approval of an application
for renewal under this
section | 691 |
authorizes the continuation of an
existing in-stream
mining permit | 692 |
or renewal permit for a term of
two years from the
expiration date | 693 |
of the existing permit. | 694 |
(I) Any renewal permit is subject to all the requirements
of | 695 |
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 section | 699 |
1514.02 of
the Revised Code for an initial permit for a proposed | 700 |
surface
or in-stream mining operation; | 701 |
(b) An application filed under division (D) of section | 702 |
1514.02 of
the Revised Code for a significant amendment to a | 703 |
permit, as
"significant" is defined by rule; | 704 |
(c) An application filed under division (E) of section | 705 |
1514.02 of
the Revised Code for a significant amendment to the | 706 |
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 the | 709 |
Revised Code for the
renewal
of a permit if the application | 710 |
proposes a significant change to the plan of
mining and | 711 |
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 county | 714 |
commissioners, each board of township trustees, each legislative | 715 |
authority of a municipal corporation, and the planning | 716 |
commissioners
having jurisdiction over all or part of the area of | 717 |
a surface
or in-stream mining operation or a proposed surface or | 718 |
in-stream mining
operation
together
with any other federal, state, | 719 |
or local governmental
entities that
the chief of the division of | 720 |
mineral resources
management reasonably
believes will be | 721 |
interested in an
application. | 722 |
(B)(1) Except as otherwise provided in division (D) of
this | 723 |
section, an applicant shall submit to the chief a copy of the | 724 |
applicant's
advertisement required to be published under this | 725 |
division of
the ownership, precise location, and boundaries of | 726 |
land to be
affected by the surface or in-stream mining operation | 727 |
or proposed
surface
or in-stream mining operation that is the | 728 |
subject of the application. | 729 |
Upon receiving the application and advertisement, the chief | 730 |
shall
designate a location at which the application will be | 731 |
available for
public inspection and shall assign to the | 732 |
application an application
identification number. When the chief | 733 |
determines that the
application is substantially complete, the | 734 |
chief shall notify the
applicant of the determination. At that | 735 |
time, the applicant shall
place the advertisement, together with | 736 |
the application
identification number and the notice of the | 737 |
location at which the
application will be available for | 738 |
inspection, in a newspaper of
general circulation in the locality | 739 |
of the operation or proposed operation at
least once a week for | 740 |
four
consecutive weeks. | 741 |
(2) Except as otherwise provided in division (D) of this | 742 |
section,
upon determining that an application is substantially | 743 |
complete, the chief
shall
provide written notice to governmental | 744 |
agencies.
The notice shall include all of the information | 745 |
required to be published
under division (B)(1) of this section | 746 |
together with the
date by which any written comments or objections | 747 |
must be received by the chief
for
consideration in the review of | 748 |
the application. That date shall
be the date that is thirty days | 749 |
following the date on which the chief sends
the
notice to the | 750 |
governmental agencies. | 751 |
If requested by a governmental agency within thirty-five
days | 752 |
following
the date on which the governmental agency receives
the | 753 |
written notice from the
chief, the chief may hold an informal | 754 |
conference to aid in the public
understanding of the permitting | 755 |
process. The informal conference shall be
held within two weeks | 756 |
after the chief determines to hold such a conference and
shall be | 757 |
held in the county in which the surface or in-stream mining | 758 |
operation is or is
proposed
to be located. | 759 |
(C) Except as otherwise provided in division (D) of this | 760 |
section,
an operation or any person having an interest that is or | 761 |
may
be adversely
affected by the operation or proposed operation | 762 |
and
any
governmental
agency may file written comments about or | 763 |
objections to
an application with the
chief. In the case of | 764 |
interested persons
who are not
governmental agencies, the comments | 765 |
or objections
shall be filed
not later than
thirty days after the | 766 |
last
publication of the notice. In the case of
governmental | 767 |
agencies,
the
comments or objections shall be filed
not later than | 768 |
the date
that
the
chief specified in the notice, except that at | 769 |
the chief's
discretion, the chief may accept comments or | 770 |
objections from the
agencies after that date if the chief | 771 |
considers doing so to be in
the
public interest. The chief | 772 |
immediately shall transmit
comments or
objections to the applicant | 773 |
and shall make them
available to the public
at the same location | 774 |
at which the
application is available for
inspection. | 775 |
(D) Divisions (B) and (C) of this section do
not apply if a | 776 |
plan
of zoning has been adopted for the area that includes the | 777 |
location
at which the operation is conducted or is proposed to be | 778 |
conducted
and either of the following applies: | 779 |
(1) The plan of zoning allows mining at the location at | 780 |
which the
mining operation is or is proposed to be conducted. | 781 |
(2) A zoning variance or conditional use certificate for a | 782 |
mining operation, for which public notice and opportunity for | 783 |
comment have
been provided, has been received within three hundred | 784 |
sixty-five
days prior to submittal of an application. In such a | 785 |
situation,
an applicant shall provide the chief with a copy of the | 786 |
notice,
certified by the publisher, that was previously published. | 787 |
Sec. 1514.023. Nothing in this chapter or rules adopted | 788 |
under it
shall be construed to prevent any county, township, or | 789 |
municipal
corporation from enacting, adopting, or enforcing zoning | 790 |
resolutions or
ordinances. However, the chief of the
division of | 791 |
mineral
resources management shall not enforce such
zoning | 792 |
resolutions or
ordinances. | 793 |
Sec. 1514.024. A local authority may enter into an agreement | 794 |
with the
operator of a surface or in-stream mining operation or of | 795 |
a proposed
surface or in-stream mining
operation for the | 796 |
improvement of roads under the
jurisdiction of that local | 797 |
authority that may be affected by the
operation or for other | 798 |
improvements
within the jurisdiction of
that local authority. | 799 |
However, nothing in this
section requires
the surface or in-stream | 800 |
mining operator to enter into such an agreement. | 801 |
Sec. 1514.03. Within thirty days after each anniversary
date | 802 |
of issuance of a surface
or in-stream mining permit, the operator | 803 |
shall
file
with the chief of the division of mineral
resources | 804 |
management an
annual
report, on a form prescribed and furnished by | 805 |
the chief,
that, for the period covered by the report, shall state | 806 |
the
amount
of and identify the types of minerals and coal, if any | 807 |
coal,
produced and shall state the number of acres affected and | 808 |
the
number of acres estimated to be affected during the next year | 809 |
of
operation. An annual report is not required to be filed if a | 810 |
final report is filed in lieu thereof. | 811 |
Each annual report
for a surface mining operation shall | 812 |
include a
progress map indicating
the location of areas of land | 813 |
affected during the period of the
report and the location of the | 814 |
area of land estimated to be
affected during the next year. The | 815 |
map shall be prepared in
accordance with division (A)(10)(11) or | 816 |
(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 authorized | 819 |
agent of
the operator in lieu of
certification by a professional | 820 |
engineer
or
surveyor registered under Chapter 4733. of the Revised | 821 |
Code.
However, the
chief may require that an annual progress
map | 822 |
or a
final map be prepared by a registered professional
engineer | 823 |
or
registered surveyor if the chief has reason to
believe that
the | 824 |
operator exceeded the boundaries of the permit area or, if
the | 825 |
operator filed the map required under division (A)(10)(11) of | 826 |
section
1514.02 of the Revised Code, that the operator extracted | 827 |
ten
thousand tons or more of minerals during the period covered
by | 828 |
the
report. | 829 |
Each annual report for an in-stream mining operation shall | 830 |
include a statement of the total tonnage removed by in-stream | 831 |
mining for
each month and of the surface acreage and depth of | 832 |
material removed by
in-stream mining and shall include a map that | 833 |
identifies the area
affected by the in-stream mining, soundings | 834 |
that depict the cross-sectional views of the channel bottom of the | 835 |
watercourse, and
water elevations for the watercourse. | 836 |
Each annual report shall be accompanied by a filing fee in | 837 |
the amount of
two
five hundred
fifty dollars
and,
except in the | 838 |
case of an annual report filed by a small
operator or an in-stream | 839 |
mining operator. A small
operator, which is a surface mine | 840 |
operator who intends to
extract
fewer than ten thousand tons of | 841 |
minerals and no coal during the
next
year of operation under the | 842 |
permit, or an in-stream mining operator shall include a filing
fee | 843 |
in the amount
of two hundred fifty dollars with each annual | 844 |
report. The annual report of
any operator also shall be | 845 |
accompanied by
an acreage fee in the
amount of
thirty
seventy-five | 846 |
dollars multiplied by the number
of acres
estimated in the report | 847 |
to be affected during the next year of
operation under the permit. | 848 |
The acreage fee shall be
adjusted
by subtracting a credit of | 849 |
thirty
seventy-five dollars per
excess acre paid
for the preceding | 850 |
year if the acreage paid for the preceding year
exceeds the | 851 |
acreage actually affected or by adding an additional
amount of | 852 |
thirty
seventy-five dollars per excess acre affected
if the | 853 |
acreage
actually affected exceeds the acreage paid for the | 854 |
preceding
year. | 855 |
|
With each annual report the operator shall file a
performance | 856 |
bond in the amount,
unless otherwise provided by
rule, of
five | 857 |
hundred
one thousand dollars multiplied
by the number of acres | 858 |
estimated to be
affected during the next year of operation under | 859 |
the permit for
which no performance bond previously
was filed.
The | 860 |
Unless otherwise provided by rule, the
bond shall be adjusted
by | 861 |
subtracting a credit of
five hundred
one
thousand
dollars per | 862 |
excess acre for which bond was filed for the
preceding year if the | 863 |
acreage for which the bond was filed for
the preceding year | 864 |
exceeds the acreage actually affected, or by
adding an amount of | 865 |
five hundred
one thousand dollars per excess
acre affected
if the | 866 |
acreage actually affected exceeds the acreage for which
bond was | 867 |
filed for the preceding year. | 868 |
Within thirty days after the expiration of the surface
or | 869 |
in-stream mining
permit, or completion or abandonment of the | 870 |
operation,
whichever
occurs earlier, the operator shall submit a | 871 |
final
report
containing the same information required in an annual | 872 |
report, but
covering the time from the last annual report to the | 873 |
expiration of
the permit, or completion or abandonment of the | 874 |
operation,
whichever occurs earlier. | 875 |
Each final report shall include a map indicating the
location | 876 |
of the area of land affected during the period of the
report and | 877 |
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,
as | 880 |
appropriate. | 881 |
In the case of a final
report for an in-stream mining | 882 |
operation, the map also shall
include the
information required | 883 |
under division
(A)(18) of section
1514.02 of the Revised
Code. | 884 |
If the final report and certified map, as verified by the | 885 |
chief, show that the number of acres affected under the permit is | 886 |
larger than the number of acres for which the operator has paid
an | 887 |
acreage fee or filed a performance bond,
upon
notification by the | 888 |
chief, the operator shall pay an additional
acreage fee in the | 889 |
amount of
thirty
seventy-five dollars
multiplied by the
difference | 890 |
between the number of acres affected under the permit
and the | 891 |
number of acres for which the operator has paid an
acreage fee and | 892 |
shall file an additional performance
bond
in the amount,
unless | 893 |
otherwise provided by rule, of
five hundred
one thousand dollars | 894 |
multiplied by
the difference between the number of acres affected | 895 |
under the
permit and the number of acres for which the operator | 896 |
has filed
bond. | 897 |
If the final report and certified map, as verified by the | 898 |
chief, show that the number of acres affected under the permit is | 899 |
smaller than the number of acres for which the operator has filed | 900 |
a
performance
bond,
the chief
shall order release of the excess | 901 |
bond. However, the chief shall retain a
performance bond in a | 902 |
minimum amount of
two
ten
thousand dollars irrespective of the | 903 |
number of acres affected
under the permit. The release of the | 904 |
excess bond shall be in
an amount,
unless otherwise provided by | 905 |
rule, equal to
five hundred
one thousand dollars multiplied by the | 906 |
difference between the number of acres affected under the permit | 907 |
and the number of acres for which the operator has filed bond. | 908 |
|
The fees
collected pursuant to this section and section | 909 |
1514.02
of the Revised
Code shall be deposited with the treasurer | 910 |
of state to the credit
of the surface mining fund created under | 911 |
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 when | 914 |
due or
is paid on the basis of false or substantially inaccurate | 915 |
reports,
the chief may request the attorney general to recover the | 916 |
unpaid
amounts that are due the state, and the attorney general | 917 |
shall commence appropriate legal proceedings to recover the unpaid | 918 |
amounts. | 919 |
Sec. 1514.04. Upon receipt of notification from the chief
of | 920 |
the division of mineral resources
management of the chief's
intent | 921 |
to issue an order
granting a surface
or in-stream mining permit to | 922 |
the
applicant, the applicant
shall file a surety bond, cash, an | 923 |
irrevocable letter of credit,
or certificates of deposit in the | 924 |
amount,
unless otherwise provided
by rule, of
two
ten thousand | 925 |
dollars plus one
thousand dollars,
or five hundred dollars per | 926 |
acre of land to be affected,
whichever is greater. Upon receipt | 927 |
of notification from the
chief of the chief's intent to issue an | 928 |
order granting an
amendment to a
surface
or in-stream mining | 929 |
permit, the
applicant shall file a surety bond,
cash, an | 930 |
irrevocable letter of
credit, or certificates of deposit in the | 931 |
amount,
unless otherwise
provided by rule, of
five
hundred
one | 932 |
thousand dollars per acre of
land to be affected. | 933 |
In the case of a surface mining permit, the bond shall be | 934 |
filed for the number of acres estimated to be affected during the | 935 |
first year of operation under the permit. In the case of an | 936 |
amendment to a surface mining permit, the bond shall be filed for | 937 |
the number of acres estimated to be affected during the balance
of | 938 |
the period until the next anniversary date of the permit. | 939 |
In the case of an in-stream mining permit, the bond shall be | 940 |
filed for the number of acres of land within the limits of the | 941 |
in-stream
mining permit for the entire permit period. In the case | 942 |
of an amendment
to an in-stream mining permit, the bond shall be | 943 |
filed for the
number of any additional acres of land to be | 944 |
affected within the
limits of the in-stream mining permit. | 945 |
A surety bond filed pursuant to this section and sections | 946 |
1514.02 and 1514.03 of the Revised Code shall be upon the form | 947 |
that the chief prescribes and provides and shall be signed by the | 948 |
operator as principal and by a surety company authorized to | 949 |
transact business in the state as surety. The bond shall be | 950 |
payable to the state and shall be conditioned upon the faithful | 951 |
performance by the operator of all things to be done and
performed | 952 |
by the operator as provided in this chapter
and the rules and | 953 |
orders of the chief adopted or issued pursuant
thereto. | 954 |
The operator may deposit with the chief, in lieu of a surety | 955 |
bond, cash in an amount equal to the surety bond as prescribed in | 956 |
this section, an irrevocable letter of credit or negotiable | 957 |
certificates of
deposit issued by any
bank organized or | 958 |
transacting business in this state, or an irrevocable letter
of | 959 |
credit or
certificates of deposit issued by any savings and loan | 960 |
association as defined in section 1151.01 of the Revised Code, | 961 |
having a cash value equal to or greater than the amount of the | 962 |
surety bond as prescribed in this section. Cash or certificates | 963 |
of deposit shall be deposited upon the same terms as the terms | 964 |
upon which surety bonds may be deposited. If one or more | 965 |
certificates of deposit are deposited with the chief in lieu of
a | 966 |
surety bond, the chief shall require the bank or savings and
loan | 967 |
association that issued any such certificate to pledge
securities | 968 |
of a cash value equal to the amount of the
certificate, or | 969 |
certificates, that is in excess of the amount
insured by the | 970 |
federal deposit insurance corporation. The securities shall
be | 971 |
security for the repayment of the certificate of deposit. | 972 |
Immediately upon a deposit of cash, a letter of credit, or | 973 |
certificates with
the
chief, the chief shall deliver it to the | 974 |
treasurer of state
who shall
hold it in trust for the purposes for | 975 |
which it has been
deposited. The treasurer of state shall be | 976 |
responsible for the
safekeeping of such deposits. An operator | 977 |
making a deposit of
cash, a letter of credit, or certificates of | 978 |
deposit may withdraw and receive
from the
treasurer of state, on | 979 |
the written order of the chief, all or any
part of the cash, | 980 |
letter of credit, or certificates in the possession of the | 981 |
treasurer of state, upon depositing with the treasurer of state | 982 |
cash, an irrevocable letter of credit, or negotiable certificates | 983 |
of
deposit
issued by any bank
organized or transacting business in | 984 |
this state, or an irrevocable letter of
credit or certificates
of | 985 |
deposit issued by any savings and loan association, equal in
value | 986 |
to the value of the cash, letter of credit, or certificates | 987 |
withdrawn.
An
operator may demand and receive from the treasurer | 988 |
of state all
interest or other income from any certificates as it | 989 |
becomes due. If
certificates deposited with and in the possession | 990 |
of the
treasurer of state mature or are called for payment by the | 991 |
issuer
thereof, the treasurer of state, at the request of the | 992 |
operator
who deposited them, shall convert the proceeds of the | 993 |
redemption
or payment of the certificates into such other | 994 |
negotiable
certificates of deposit issued by any bank organized or | 995 |
transacting business in this state, such other certificates of | 996 |
deposit issued by any savings and loan association, or cash, as | 997 |
may be designated by the operator. | 998 |
A governmental agency, as defined in division (A) of section | 999 |
1514.022 of the Revised Code, or a board or commission that | 1000 |
derives its authority from a governmental agency shall not require | 1001 |
a surface
or in-stream mining operator to file a surety bond or | 1002 |
any other form
of financial assurance
for the reclamation of land | 1003 |
to be affected
by a surface or in-stream mining operation | 1004 |
authorized under this chapter. | 1005 |
Sec. 1514.05. (A) At any time within the period allowed
an | 1006 |
operator by section 1514.02 of the Revised Code to reclaim an
area | 1007 |
of land affected by surface
or in-stream mining, the operator may | 1008 |
file a
request, on a form provided by the chief of the division of | 1009 |
mineral resources management, for
inspection of the area of land | 1010 |
upon which
a phase of the
reclamation, other than any required | 1011 |
planting, is completed.
The
For purposes of inspections and | 1012 |
subsequent releases of
performance
bonds or cash, irrevocable | 1013 |
letters of credit, or certificates of deposit
deposited in lieu of | 1014 |
bonds under this section, reclamation shall be
considered to occur | 1015 |
in two phases. The first phase involves
grading, contouring, | 1016 |
terracing, resoiling, and initial planting.
The second phase | 1017 |
involves the establishment of vegetative cover together with the | 1018 |
maintenance and the completion of all reclamation
required under | 1019 |
this
chapter or rules adopted under it. | 1020 |
A request
for inspection at the completion of a phase of | 1021 |
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 of | 1025 |
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) or | 1028 |
(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 shall | 1030 |
include
the
information
required under division (A)(18) of section | 1031 |
1514.02
of
the Revised Code. | 1032 |
In addition, a request for inspection of the second phase of | 1033 |
reclamation
shall include a description of the type and date of | 1034 |
any required planting and a
statement regarding the
degree of | 1035 |
success of the growth. | 1036 |
(B) The chief shall make an inspection and evaluation of the | 1037 |
reclamation of the area of land for which
the
a request was | 1038 |
submitted within ninety days after receipt of the request or, if | 1039 |
the operator fails to complete the reclamation or file the
request | 1040 |
as required, as soon as the chief learns of the default. | 1041 |
Thereupon,
if the chief approves
the first phase of the | 1042 |
reclamation
other than any
required planting as meeting the | 1043 |
requirements of this chapter,
rules adopted thereunder, any orders | 1044 |
issued during the mining or
reclamation, and the specifications of | 1045 |
the plan for mining and
reclaiming, the chief shall issue an order | 1046 |
to the operator
and the
operator's surety releasing them from | 1047 |
liability for
one-half the
total amount
the applicable percentage | 1048 |
specified in this division
of their surety bond on deposit to | 1049 |
ensure
reclamation for the area upon which reclamation is | 1050 |
completed. If
the chief approves the second phase of the | 1051 |
reclamation,
the chief shall order release of the
remaining | 1052 |
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 chief | 1057 |
shall
release seventy-five per cent of the amount of the surety | 1058 |
bond on
deposit. On
approval of the second phase of reclamation, | 1059 |
the chief shall
release the remaining amount of the
surety bond | 1060 |
that originally
was on deposit. | 1061 |
If the operator has deposited cash, an irrevocable letter of | 1062 |
credit, or
certificates of deposit in
lieu of a surety bond to | 1063 |
ensure reclamation, the chief shall
issue an order to the operator | 1064 |
releasing
one-half of the
total
amount so held
in the same manner | 1065 |
and in the same percentages that apply to
the release of a surety | 1066 |
bond and promptly shall transmit a certified copy
of
the order to | 1067 |
the treasurer of state. Upon presentation of the
order to the | 1068 |
treasurer of state by the operator to whom it was
issued, or by | 1069 |
the operator's authorized agent, the treasurer of
state shall | 1070 |
deliver to the operator or the operator's authorized
agent the | 1071 |
cash, irrevocable letter of credit, or certificates of deposit | 1072 |
designated in the order. | 1073 |
(C) If the chief does not approve
a phase of the reclamation | 1074 |
other than any required planting, the chief shall notify the | 1075 |
operator
by certified mail.
The notice shall be an order stating | 1076 |
the reasons for
unacceptability, ordering further actions to be | 1077 |
taken, and
setting
a time limit for compliance. If the operator | 1078 |
does not
comply with
the order within the time limit specified, | 1079 |
the chief
may order an
extension of time for compliance after | 1080 |
determining that the
operator's noncompliance is for good cause, | 1081 |
resulting
from
developments partially or wholly beyond the | 1082 |
operator's
control.
If
the operator complies within the time limit | 1083 |
or the
extension of
time granted for compliance, the chief shall | 1084 |
order
release of the
performance bond in the same
manner as in the | 1085 |
case of approval of
reclamation
other than
planting by the chief, | 1086 |
and the treasurer of
state shall proceed
as in that case. If the | 1087 |
operator does not
comply within the time
limit and the chief does | 1088 |
not order an
extension, or if the chief
orders an extension of | 1089 |
time and the
operator does not comply
within the extension of time | 1090 |
granted for
compliance, the chief
shall issue another order | 1091 |
declaring that the
operator has failed
to reclaim and, if the | 1092 |
operator's permit has
not already expired
or been revoked, | 1093 |
revoking the operator's
permit. The chief shall
thereupon proceed | 1094 |
under division
(C)(D)
of this section. | 1095 |
(B) At any time within the period allowed an operator by | 1096 |
section 1514.02 of the Revised Code to reclaim an area affected
by | 1097 |
surface mining, the operator may file a request, on a form | 1098 |
provided by the chief, for inspection of the area of land upon | 1099 |
which all reclamation, including the successful establishment of | 1100 |
any required planting, is completed. The request shall include | 1101 |
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 to | 1105 |
ensure reclamation of the area; | 1106 |
(4) The type and date of any required planting of
vegetative | 1107 |
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 the | 1112 |
reclamation of the area of land for which the request was | 1113 |
submitted within ninety days after receipt of the request or, if | 1114 |
the operator fails to complete the reclamation or file the
request | 1115 |
as required, as soon as the chief learns of the default. | 1116 |
Thereupon,
if the chief finds that the reclamation meets the | 1117 |
requirements of this chapter, rules adopted thereunder, any
orders | 1118 |
issued during the mining and reclamation, and the
specifications | 1119 |
of the plan for mining and reclaiming and decides
to release any | 1120 |
remaining performance bond
on deposit to ensure reclamation of the | 1121 |
area upon which
reclamation is completed, within ten days of | 1122 |
completing
the inspection and evaluation, the
chief shall order | 1123 |
release of the remaining
performance bond in the same manner as in | 1124 |
the case of approval of reclamation other than planting, and the | 1125 |
treasurer of state shall proceed as in that case. | 1126 |
If the chief does not approve the reclamation performed by | 1127 |
the operator, the chief shall notify the operator by
certified | 1128 |
mail
within ninety days of the filing of the application for | 1129 |
inspection or of the date when the chief learns of the
default. | 1130 |
The
notice shall be an order stating the reasons for | 1131 |
unacceptability,
ordering further actions to be taken, and setting | 1132 |
a time limit
for compliance. If the operator does not comply with | 1133 |
the order
within the time limit specified, the chief may order an | 1134 |
extension
of time for compliance after determining that
the | 1135 |
operator's
noncompliance is for good cause, resulting from | 1136 |
developments
partially or wholly beyond the operator's control.
If | 1137 |
the
operator complies within the time limit or the extension of | 1138 |
time
granted for compliance, the chief shall order release of the | 1139 |
remaining performance bond in the same
manner as in the case of | 1140 |
approval of reclamation by the chief,
and the treasurer of state | 1141 |
shall proceed as in that case. If the
operator does not comply | 1142 |
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 does | 1144 |
not comply within the extension of
time granted for compliance, | 1145 |
the chief shall make another order
declaring that the operator has | 1146 |
failed to reclaim and, if the
operator's permit has not already | 1147 |
expired or been revoked,
revoking the operator's permit. The | 1148 |
chief then shall proceed
under division (C) of this section. | 1149 |
(C)(D) Upon issuing an order under division
(A) or
(B)(C) of | 1150 |
this section declaring that the operator has failed to reclaim, | 1151 |
the chief shall
make a finding as to the number and location of | 1152 |
the acres of land that the operator has failed to reclaim in
the | 1153 |
manner required by this chapter. The chief shall order the | 1154 |
release of the performance bond in the
amount of five hundred | 1155 |
dollars per acre for those acres that the
chief
finds to have been | 1156 |
reclaimed in the manner required by this
chapter. The release | 1157 |
shall be ordered in the same manner as in
the case of other | 1158 |
approval of reclamation by the chief, and the
treasurer of state | 1159 |
shall proceed as in that case. If the
operator has on deposit | 1160 |
cash, an irrevocable letter of credit, or certificates
of deposit | 1161 |
to ensure reclamation of the area of the land affected, the
retain | 1162 |
all or part of the performance bond on deposit for reclamation of | 1163 |
the affected surface or in-stream mine site. The chief at the | 1164 |
same time shall
issue an
order declaring that the remaining cash, | 1165 |
irrevocable
letter of credit, or
certificates of deposit
is,
if | 1166 |
any, are the
property of
the state and
is
are
available for use by | 1167 |
the chief in
performing reclamation of the
area and shall proceed | 1168 |
in accordance
with section 1514.06 of the
Revised Code. | 1169 |
If the operator has on deposit a surety bond to ensure | 1170 |
reclamation of the area of land affected, the chief shall notify | 1171 |
the surety in writing of the operator's default and shall request | 1172 |
the surety to perform the surety's obligation and that of the | 1173 |
operator. The surety, within ten days after receipt of
the | 1174 |
notice, shall notify the chief as to whether it intends to perform | 1175 |
those obligations. | 1176 |
If the surety chooses to perform, it shall arrange for work | 1177 |
to begin within thirty days of the day on which it notifies the | 1178 |
chief of its decision. If the surety completes the work as | 1179 |
required by this chapter, the chief shall issue an order to the | 1180 |
surety releasing the surety from liability under the bond in the | 1181 |
same manner as if the surety were an operator proceeding under | 1182 |
this section. If, after the surety begins the work, the chief | 1183 |
determines that the surety is not carrying the work forward with | 1184 |
reasonable progress, or that it is improperly performing the
work, | 1185 |
or that it has abandoned the work or otherwise failed to
perform | 1186 |
its obligation and that of the operator, the chief shall
issue an | 1187 |
order terminating the right of the surety to perform the
work and | 1188 |
demanding payment of the amount due as required by this
chapter. | 1189 |
If the surety chooses not to perform and so notifies the | 1190 |
chief, does not respond to the chief's notice within ten days of | 1191 |
receipt thereof, or fails to begin work within thirty days of the | 1192 |
day it timely notifies the chief of its decision to perform its | 1193 |
obligation and that of the operator, the chief shall issue an | 1194 |
order terminating the right of the surety to perform the work and | 1195 |
demanding payment of the amount due, as required by this chapter. | 1196 |
Upon receipt of an order of the chief demanding payment of | 1197 |
the amount due, the surety immediately shall deposit with the | 1198 |
chief cash in the full amount due under the order for deposit
with | 1199 |
the treasurer of state. If the surety fails to make an
immediate | 1200 |
deposit, the chief shall certify it to the attorney
general for | 1201 |
collection. When the chief has issued an order
terminating the | 1202 |
right of the surety and has the cash on deposit,
the cash is the | 1203 |
property of the state and is available for use
by the chief, who | 1204 |
shall proceed in accordance with section 1514.06 of the
Revised | 1205 |
Code. | 1206 |
Sec. 1514.06. (A) There is hereby created in the state | 1207 |
treasury the surface mining fund. All cash that
becomes the | 1208 |
property of the state pursuant to section 1514.05 of
the Revised | 1209 |
Code shall be deposited in the fund, and expenditures
from the | 1210 |
fund shall be made by the chief of the division of
mineral | 1211 |
resources management only for the
purpose of reclaiming areas of | 1212 |
land
affected by surface
or in-stream mining operations on which | 1213 |
an operator
has defaulted. | 1214 |
(B) Expenditures of moneys from the fund, except as | 1215 |
otherwise
provided by this section, shall be made pursuant to | 1216 |
contracts
entered into by the chief with persons who agree to | 1217 |
furnish all
of the materials, equipment, work, and labor, as | 1218 |
specified and
provided in the contracts, for the prices stipulated | 1219 |
therein.
With the approval of the director of natural resources, | 1220 |
the
chief may reclaim the land in the same manner as the chief | 1221 |
required of
the operator who defaulted. Each contract awarded by | 1222 |
the chief
shall be awarded to the lowest responsive and | 1223 |
responsible bidder,
in accordance with section 9.312 of the | 1224 |
Revised Code, after
sealed bids are received, opened, and | 1225 |
published at the time and
place fixed by the chief. The chief | 1226 |
shall publish notice of the
time and place at which bids will be | 1227 |
received, opened, and
published, at least once at least ten days | 1228 |
before the date of the
opening of the bids, in a newspaper of | 1229 |
general circulation in the
county in which the area of land to be | 1230 |
reclaimed under the
contract is located. If, after so advertising | 1231 |
for bids, no bids
are received by the chief at the time and place | 1232 |
fixed for
receiving them, the chief may advertise again for bids, | 1233 |
or, if
the chief
considers the public interest will be best | 1234 |
served,
the chief may enter into a contract for the reclamation of | 1235 |
the area of
land
without further advertisement for bids. The | 1236 |
chief may reject any
or all bids received and again publish notice | 1237 |
of the time and
place at which bids for contracts will be | 1238 |
received, opened, and
published. | 1239 |
(C) With the approval of the director, the chief, without | 1240 |
advertising for
bids, may enter into a contract with the | 1241 |
landowner, a surface
or
in-stream mine operator or
coal mine | 1242 |
operator mining under a current, valid permit issued
under this | 1243 |
chapter or Chapter 1513. of the Revised Code, or a contractor | 1244 |
hired by a surety
to complete reclamation, to carry out | 1245 |
reclamation on land
affected by surface
or in-stream
mining | 1246 |
operations on which an operator has defaulted. | 1247 |
(D) With the approval of the director, the chief may carry | 1248 |
out
all or part of
the reclamation work on land affected by | 1249 |
surface
or in-stream mining
operations on which
the operator has | 1250 |
defaulted using the employees and equipment of
any division
of the | 1251 |
department of natural resources. | 1252 |
(E) The chief shall require every contractor performing | 1253 |
reclamation work
under this section to pay workers at the greater | 1254 |
of their regular
rate of pay,
as established by contract, | 1255 |
agreement, or prior custom or
practice, or the average wage rate | 1256 |
paid in this state for the
same or similar work, as determined by | 1257 |
the chief under section
1513.02 of the Revised Code. | 1258 |
(F) Each contract entered into by the chief under this | 1259 |
section
shall provide only
for the reclamation of land affected by | 1260 |
the surface
or in-stream mining
operation or operations of one | 1261 |
operator and not reclaimed by the
operator as required by this | 1262 |
chapter. If there is money in the
fund derived from the | 1263 |
performance bond deposited with the chief
by one operator
to | 1264 |
ensure the
reclamation of two or more areas of land affected by | 1265 |
the surface
or
in-stream mining operation or operations of one | 1266 |
operator and not reclaimed
by the operator as required by this | 1267 |
chapter, the chief
may award a single contract for
the reclamation | 1268 |
of all such areas of land. | 1269 |
(G) The cost of the reclamation work done under this section | 1270 |
on
each area of land affected by surface
or in-stream mining | 1271 |
operations on
which an operator has defaulted shall be paid out of | 1272 |
the
money in the fund derived from the performance bond
that was | 1273 |
deposited with the chief to
ensure the reclamation of that area of | 1274 |
land. If the amount of money is not
sufficient to pay the cost
of | 1275 |
doing all of the reclamation work on the area of land
that the | 1276 |
operator should have done, but failed to do, the
chief may expend | 1277 |
from the reclamation forfeiture
fund created in
section 1513.18 of | 1278 |
the Revised Code or the surface mining
fund
created in this | 1279 |
section the amount
of money needed to complete reclamation to the | 1280 |
standards required by this chapter. The operator is liable for | 1281 |
that expense in addition to any other liabilities imposed by law. | 1282 |
At the
request of the chief, the attorney general shall bring an | 1283 |
action
against the
operator for the amount of the expenditures | 1284 |
from either fund.
Moneys so
recovered shall be deposited in the | 1285 |
appropriate fund from which
the
expenditures were made. | 1286 |
(H) If any part of the money in the surface mining
fund | 1287 |
remains
in the fund after the chief has caused the area of land to | 1288 |
be
reclaimed and
has paid all the reclamation costs and expenses, | 1289 |
or if any money
remains
because the area of land has been | 1290 |
repermitted under this chapter or reclaimed
by a person other than | 1291 |
the chief, the chief may expend the remaining money to
complete | 1292 |
other reclamation work performed under this section. | 1293 |
Sec. 1514.07. Each order of the chief of the division of | 1294 |
mineral resources management affecting the
rights, duties, or | 1295 |
privileges of an
operator or the operator's surety or of an | 1296 |
applicant for a
permit or an
amendment to a permit or a plan shall | 1297 |
be in writing and contain a
finding by the chief of the facts upon | 1298 |
which the order is based. Notice of
the order shall be given by | 1299 |
certified mail to each
person whose rights, duties, or privileges | 1300 |
are affected. | 1301 |
If the chief finds that an operator has violated any | 1302 |
requirement of this chapter, failed to perform any measure set | 1303 |
forth in the approved plan of mining and reclamation that is | 1304 |
necessary to prevent damage to adjoining property or to achieve, | 1305 |
or has otherwise failed to achieve, the performance standards of | 1306 |
division (A)(9)(10) of section 1514.02 of the Revised Code, or | 1307 |
caused
damage to adjoining property, the chief may issue orders | 1308 |
directing the operator to cease violation, perform such measures, | 1309 |
achieve such standards, or prevent or abate off-site damage. The | 1310 |
order shall identify the operation where the violation occurs,
the | 1311 |
specific requirement violated, measure not performed,
standard not | 1312 |
achieved, or off-site damage caused, and where
practicable | 1313 |
prescribe what action the operator may take to comply
with the | 1314 |
order. The chief shall fix and set forth in the order a | 1315 |
reasonable date or time by which the operator shall comply, and | 1316 |
the order shall state that the chief may revoke the operator's | 1317 |
permit if the order is not complied with by
such
that date or | 1318 |
time. If upon
such
that
date or time the chief finds that the | 1319 |
operator has
not complied with the order, the chief may issue an | 1320 |
order
revoking the operator's permit. | 1321 |
Sec. 1514.071. (A) In addition to any other penalties | 1322 |
established
under this chapter, the chief of the division of | 1323 |
mineral resources management
may
assess a civil penalty
against | 1324 |
any person who fails to comply with an order issued by the chief | 1325 |
under section 1514.07 of the Revised Code by the date
specified in | 1326 |
the order or as subsequently extended by the chief. | 1327 |
(B) Civil penalties assessed under this section shall not | 1328 |
exceed
one thousand dollars for each occurrence of noncompliance | 1329 |
with an order. Each
day of continuing noncompliance, up to a | 1330 |
maximum of thirty days, may
be deemed a separate occurrence for | 1331 |
purposes of
penalty assessments. In determining the amount of the | 1332 |
assessment, the chief
shall consider the seriousness of the | 1333 |
noncompliance, the effect of the
noncompliance, and the operator's | 1334 |
history of noncompliance. | 1335 |
(C) Upon issuance of a notice of noncompliance with an | 1336 |
order,
the
chief shall inform the person to whom the notice of | 1337 |
noncompliance is issued of
the amount of any civil penalty to be | 1338 |
assessed and provide an
opportunity for an adjudicatory hearing | 1339 |
with the reclamation
commission pursuant to section 1514.09 of the | 1340 |
Revised Code.
The person charged with the penalty shall have | 1341 |
thirty days from receipt of the
assessment to pay
the penalty in | 1342 |
full or, if the person wishes to contest
the amount of the | 1343 |
penalty, file a
petition for review of the assessment with the | 1344 |
commission
pursuant to section 1514.09 of the Revised Code and | 1345 |
forward
the
amount of the penalty to the secretary of the | 1346 |
commission as required by this
division. Failure to forward the | 1347 |
money to the
secretary within thirty days after the chief informs | 1348 |
the person of
the amount of the penalty shall result in a waiver | 1349 |
of all
legal rights to contest the amount of the
penalty. | 1350 |
If, after a hearing, the commission affirms or modifies the | 1351 |
amount of the penalty, the person charged with the penalty
shall | 1352 |
have thirty days after receipt of the written decision to
file an | 1353 |
appeal from the commission's order in
accordance with section | 1354 |
1514.09 of the Revised Code. | 1355 |
At the time that the petition for review
of the assessment is | 1356 |
filed with the secretary, the person
shall forward the amount of | 1357 |
the penalty to the secretary for
placement in the reclamation | 1358 |
penalty fund created in division
(F)(3) of section 1513.02 of the | 1359 |
Revised Code. Pursuant to administrative or
judicial review of | 1360 |
the penalty, the secretary shall do either of the
following: | 1361 |
(1) If it is determined that the amount of the penalty | 1362 |
should be
reduced, within thirty days, remit the appropriate | 1363 |
amount of the penalty
to the person, with interest, and forward | 1364 |
any balance of the
penalty, with interest, to the chief for | 1365 |
deposit in the surface mining
fund created in
section 1514.06 of | 1366 |
the Revised Code for reclamation of
abandoned surface or in-stream | 1367 |
mining
operations in the state; | 1368 |
(2) If the penalty was not reduced, forward the entire | 1369 |
penalty,
with interest, to the chief for deposit in the surface | 1370 |
mining
fund for reclamation of abandoned surface or in-stream | 1371 |
mining operations
in
the state. | 1372 |
(D) Civil penalties owed under this section may be recovered | 1373 |
in a
civil action brought by the attorney general upon the request | 1374 |
of the
chief. | 1375 |
Sec. 1514.072. Whenever a person fails to comply with an | 1376 |
order
issued by the chief of the division of mineral resources | 1377 |
management, the
chief, in addition to any other remedy under this | 1378 |
chapter, may request the
attorney general to
institute a civil | 1379 |
action to compel compliance with the order, including a
permanent | 1380 |
or temporary
injunction, a restraining order,
or any other | 1381 |
appropriate order, in the court of common pleas of the
county in | 1382 |
which the noncompliance is occurring or has occurred.
The court | 1383 |
shall grant the relief requested upon a demonstration that | 1384 |
noncompliance with an order of the chief is occurring or has | 1385 |
occurred. | 1386 |
Sec. 1514.08.
(A) The chief of the division of
mineral | 1387 |
resources
management may adopt, amend, and rescind rules in | 1388 |
accordance with
Chapter 119. of the Revised Code in order to | 1389 |
prescribe
procedures
for
submitting applications for permits, | 1390 |
amendments to permits,
and
amendments to plans of mining and | 1391 |
reclamation; filing annual
reports and final reports; requesting | 1392 |
inspection and approval of
reclamation; paying permit and filing | 1393 |
fees; and filing and
obtaining the release of performance bonds | 1394 |
deposited with the
state. For the
purpose of preventing damage
to | 1395 |
adjoining property
or achieving one or more of the performance | 1396 |
standards established
in division (A)(9)(10) of section 1514.02 of | 1397 |
the Revised
Code, the
chief may establish classes of mining | 1398 |
industries, based
upon
industrial categories, combinations of | 1399 |
minerals produced,
and
geological conditions in which surface
or | 1400 |
in-stream mining
operations
occur,
and may prescribe different | 1401 |
rules consistent
with the
performance
standards for each class. | 1402 |
For the purpose of
apportioning the
workload of the division of | 1403 |
mineral
resources
management among the
quarters of
the year, the | 1404 |
rules may require
that applications for
permits and
annual reports | 1405 |
be filed in
different quarters of the
year,
depending upon the | 1406 |
county in which
the operation is located. | 1407 |
(B) The chief shall adopt rules under this section that do | 1408 |
all of the following: | 1409 |
(1) With respect to in-stream mining, determine periods of | 1410 |
low flow, which
are
the only time periods during which in-stream | 1411 |
mining is
allowed,
and develop and implement any
criteria, in | 1412 |
addition to the criteria established in section
1514.02 of the | 1413 |
Revised Code, that the chief
determines are
necessary for the | 1414 |
permitting of in-stream mining; | 1415 |
(2) Establish criteria and procedures for approving or | 1416 |
disapproving the transfer of a surface or in-stream mining permit | 1417 |
under division (F) of section 1514.02 of the Revised Code; | 1418 |
(3) Define when
any
of the following may be considered to be | 1419 |
"significant" for
purposes of
section 1514.022 of the Revised | 1420 |
Code: | 1421 |
(a) An amendment to a permit issued under section 1514.02
of | 1422 |
the
Revised Code for a surface or in-stream mining operation; | 1423 |
(b) An amendment to the plan of mining and reclamation
that | 1424 |
must
be filed with an application for either permit under section | 1425 |
1514.02 of
the Revised Code; | 1426 |
(c) Changes to that plan of mining and reclamation that
are | 1427 |
proposed in a permit renewal application filed under section | 1428 |
1514.021 of
the Revised Code. | 1429 |
|
In defining "significant," the chief shall focus on changes | 1430 |
that
increase the likelihood that the mining operation may have a | 1431 |
negative impact
on the public. | 1432 |
(4) Establish a
framework and procedures under which the | 1433 |
amount of any bond
required to be
filed under this chapter to | 1434 |
ensure the satisfactory
performance of the
reclamation measures | 1435 |
required under this
chapter may be reduced by subtracting a credit | 1436 |
based on the
operator's past compliance with this chapter and | 1437 |
rules adopted and
orders issued under it. The rules also
shall | 1438 |
apply to cash, an
irrevocable letter of credit, or a
certificate | 1439 |
of deposit that is
on deposit in lieu of a bond. In
establishing | 1440 |
the amount of
credit that an operator or applicant
may receive | 1441 |
based on past
compliance, the chief may consider past
compliance | 1442 |
with respect to
any permit for a surface or in-stream mining | 1443 |
operation that has
been issued in
this state to the operator or | 1444 |
applicant. | 1445 |
(5) Establish criteria and
procedures for granting a variance | 1446 |
from compliance
with the prohibitions
established in divisions | 1447 |
(E)(3) and (F)(3)
of section
1514.10 of the Revised Code. The | 1448 |
criteria shall ensure
that an operator may obtain a
variance only | 1449 |
if compliance with the
applicable prohibition is not necessary
to | 1450 |
prevent damage to the
watercourse or surrounding areas. | 1451 |
Sec. 1514.09. The reclamation commission
established | 1452 |
pursuant to section 1513.05 of the Revised Code shall serve as
the | 1453 |
reclamation commission pursuant to this
chapter.
However, | 1454 |
whenever the commission is considering
any appeal pertaining to | 1455 |
surface
or in-stream mining, as distinguished from
coal strip | 1456 |
mining, the
member representing the coal strip mine
operators | 1457 |
shall be
replaced by a person who, by reason of the
person's | 1458 |
previous
vocation, employment, or affiliations, can be classed as | 1459 |
a
representative of surface
or in-stream mine operators, as | 1460 |
applicable. The appointment of
said
that person shall be made in | 1461 |
accordance with section
1513.05 of
the Revised Code, and the | 1462 |
person's term shall be concurrent
with
that of
the representative | 1463 |
of the coal strip mine operators. | 1464 |
No party to an appeal brought under
this section shall be | 1465 |
eligible for an award of attorney's fees, costs, or
expenses from | 1466 |
the commission or any court. | 1467 |
Notwithstanding section 1513.14 of the Revised Code,
appeals | 1468 |
from an order of the commission pertaining to
surface
or in-stream | 1469 |
mining
may
be taken to the court of common pleas of the county in | 1470 |
which
the
operation is located, or to the court of common pleas of | 1471 |
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-stream | 1475 |
mining operation without an in-stream mining permit issued
by the | 1476 |
chief of the division of mineral resources management. A
person | 1477 |
who, on the effective date of this amendment, holds a valid
permit | 1478 |
to conduct in-stream mining that is issued under section 10
of the | 1479 |
"Rivers and
Harbors
Appropriation
Act of 1899," 30
Stat. 1151, 33 | 1480 |
U.S.C. 403, as
amended, shall not be required to obtain an | 1481 |
in-stream mining permit from
the chief under this chapter until | 1482 |
the existing permit expires. | 1483 |
(B) Exceed the limits of a surface
or in-stream mining | 1484 |
permit or
amendment to a permit by
mining land contiguous to an | 1485 |
area of land
affected under a permit or
amendment, which | 1486 |
contiguous land is not
under
a permit or amendment; | 1487 |
(C) Purposely misrepresent or omit any material fact in an | 1488 |
application for a
surface
or in-stream mining permit or amendment, | 1489 |
an annual or
final report, or
in
any
hearing or investigation | 1490 |
conducted by the
chief
of the division of mineral
resources | 1491 |
management or the
reclamation
commission; | 1492 |
(D) Fail to perform any measure set forth in the approved | 1493 |
plan of mining and
reclamation that is necessary to prevent damage | 1494 |
to adjoining property or to
achieve a performance standard | 1495 |
required in division (A)(9)(10) of section
1514.02 of the
Revised | 1496 |
Code, or violate any other requirement of this chapter, a rule | 1497 |
adopted
thereunder, or an order of the chief; | 1498 |
(E) Conduct surface excavations of minerals within any of | 1499 |
the
following: | 1500 |
(1) One hundred twenty feet horizontal distance outward from | 1501 |
the highwater
mark on each bank of an area designated as a wild, | 1502 |
scenic, or recreational
river area under sections 1517.14 to | 1503 |
1517.18 of the Revised Code or of a portion of a river
designated | 1504 |
as a component of the national wild and scenic river system under | 1505 |
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 the | 1508 |
highwater mark
on each bank of a watercourse that drains a surface | 1509 |
area of more than one
hundred square miles; | 1510 |
(3) Fifty feet horizontal distance outward from the | 1511 |
highwater mark on each
bank of a watercourse that drains a surface | 1512 |
area of more than twenty-five
square miles, but fewer than one | 1513 |
hundred square miles unless a variance is
obtained under rules | 1514 |
adopted by the chief. | 1515 |
(F) Conduct any surface mining activity within any of the | 1516 |
following: | 1517 |
(1) Seventy-five feet horizontal distance outward from the | 1518 |
highwater mark
on each bank of an area designated as a wild, | 1519 |
scenic, or recreational river
area under sections 1517.14 to | 1520 |
1517.18 of the Revised Code or of a portion of a river
designated | 1521 |
as a component of the national wild and scenic river system under | 1522 |
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 the | 1525 |
highwater mark
on each bank of a watercourse that drains a surface | 1526 |
area of more than one
hundred square miles; | 1527 |
(3) Fifty feet horizontal distance outward from the | 1528 |
highwater mark on each
bank of a watercourse that drains a surface | 1529 |
area of more than twenty-five
square miles, but fewer than one | 1530 |
hundred square miles unless a variance is
obtained under rules | 1531 |
adopted by the chief. | 1532 |
A person who has been issued a surface mining permit prior to | 1533 |
the effective
date of this amendment may continue to operate under | 1534 |
that permit and shall not
be subject to the prohibitions | 1535 |
established in divisions (E) and
(F) of this section until the | 1536 |
permit is renewed. | 1537 |
The number of square miles of surface area that a watercourse | 1538 |
drains shall
be determined by consulting the "gazetteer of Ohio | 1539 |
streams," which is
a portion of the Ohio water plan inventory | 1540 |
published in 1960 by the
division of water in the department of | 1541 |
natural resources, or its successor, if
any. | 1542 |
(G)
Engage in any part of a process that is followed in the | 1543 |
production of minerals from the bottom of the channel of a | 1544 |
watercourse in any
of the following circumstances or areas: | 1545 |
(1) In an area designated as a wild, scenic, or recreational | 1546 |
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 national | 1548 |
wild and
scenic river system under the
"Wild and
Scenic
Rivers | 1549 |
Act," 82
Stat. 906 (1968), 16 U.S.C. 1274,
as amended, or within | 1550 |
one-half
mile upstream of any portion of such an
area or | 1551 |
component; | 1552 |
(2) During periods other than periods of low flow, as | 1553 |
determined
by rules adopted under section 1514.08 of the Revised | 1554 |
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 habitat | 1559 |
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 activities | 1565 |
described in divisions (M)(1) and (2) of section 1514.01
of the | 1566 |
Revised Code. | 1567 |
Sec. 1514.11. In
addition to the purposes authorized in | 1568 |
section 1514.06 of the Revised Code,
the chief of the
division of | 1569 |
mineral resources management may use moneys in the surface
mining | 1570 |
fund
created under that section for the
administration and | 1571 |
enforcement of this chapter, for the reclamation of land
affected | 1572 |
by
surface
or in-stream mining under a permit issued under this | 1573 |
chapter
that the operator
failed to reclaim and for which the | 1574 |
performance bond filed by the operator is
insufficient to complete | 1575 |
the reclamation,
and for the reclamation of land
affected by | 1576 |
surface
or in-stream mining that was abandoned and left | 1577 |
unreclaimed and for
which no permit was issued or bond filed under | 1578 |
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 the | 1588 |
Revised Code, one-half of the moneys collected from the severance | 1589 |
taxes levied under divisions (A)(3) and (4) of section 5749.02 of | 1590 |
the Revised Code, and all of the moneys collected from the | 1591 |
severance tax levied under division (A)(7) of section 5749.02 of | 1592 |
the Revised Code shall be credited to the fund in accordance with | 1593 |
those sections. Notwithstanding any section of the Revised Code | 1594 |
relating to the distribution or crediting of fines for violations | 1595 |
of the Revised Code, all fines imposed under section 1514.99 of | 1596 |
the Revised Code shall be credited to the fund. | 1597 |
Sec. 1514.12. (A) Explosives shall be used in a manner
that | 1598 |
prevents injury to persons and
damage to public or private | 1599 |
property
that is located outside the area for which a permit was | 1600 |
issued under section
1514.02 or 1514.021 of
the Revised Code. | 1601 |
(B) The ground vibration resulting from the use of | 1602 |
explosives when measured at any dwelling, public or commercial | 1603 |
building,
school, church, or
community or
institutional building | 1604 |
that is located outside the area for
which a permit was issued | 1605 |
under section 1514.02 or 1514.021 of
the
Revised Code and that is | 1606 |
not owned by the operator shall
not
exceed the frequency-dependent | 1607 |
particle velocity limits listed in
the
"report of
investigations | 1608 |
8507,
appendix
B --
alternative
blasting level
criteria, (1980)," | 1609 |
published by the former United
States bureau of
mines, or other | 1610 |
limits established by rule. | 1611 |
(C) The airblast resulting from the use of explosives when | 1612 |
measured with a two hertz high-pass system at any location listed | 1613 |
in
division (B) of this section shall not exceed a level
of one | 1614 |
hundred thirty-three decibels. | 1615 |
(D) On and after July 1, 2003, all blasting in surface | 1616 |
mining
shall be conducted by persons who are trained and competent | 1617 |
in blasting as
certified by the chief of the division of mineral | 1618 |
resources
management or a certifying authority approved by the | 1619 |
chief. | 1620 |
(E) The chief shall adopt, and may amend and rescind, rules | 1621 |
in
accordance with Chapter 119. of the Revised Code
establishing | 1622 |
requirements and standards governing all of the following: | 1623 |
(1) Seismographic monitoring and alternate methods to prove | 1624 |
compliance
with the ground vibration limits established under | 1625 |
division
(B) of this section and the airblast limits established | 1626 |
under division (C) of this section; | 1627 |
(2) Protection of any building or structure not listed in | 1628 |
division
(B) of this section; | 1629 |
(3) Training, examination, and certification of persons | 1630 |
conducting
blasting in surface mining and suspension or revocation | 1631 |
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 that | 1636 |
establish limits on the amount of ground vibration resulting from | 1637 |
the use of explosives that is permissible when measured at the | 1638 |
locations described in division (B) of this section. | 1639 |
Sec. 1514.13. (A) The
chief of the division of mineral | 1640 |
resources management shall use the
compilation of
data for
ground | 1641 |
water modeling submitted under section 1514.02 of the
Revised Code | 1642 |
to establish a
projected cone of depression for any surface mining | 1643 |
operation that may result
in dewatering. An applicant for a | 1644 |
surface mining permit for such an
operation may
submit ground | 1645 |
water modeling that shows a projected
cone of
depression for that | 1646 |
operation to the chief, provided that
the
modeling complies with | 1647 |
rules adopted by the chief regarding
ground
water modeling. | 1648 |
However, the chief shall establish the
projected cone of | 1649 |
depression for the purposes of this section. | 1650 |
The
chief shall adopt, and may amend and rescind, rules in | 1651 |
accordance with
Chapter
119. of the Revised Code establishing | 1652 |
requirements and
standards
governing both of the following: | 1653 |
(1) Ground water modeling for establishing a projected cone | 1654 |
of
depression. A ground water model shall be generally accepted | 1655 |
in the
scientific community. | 1656 |
(2) Replacement of water supplies. | 1657 |
(B)(1) If an owner of real property who obtains all or part | 1658 |
of
the
owner's water supply for domestic, agricultural, | 1659 |
industrial, or other
legitimate use from ground water
has a | 1660 |
diminution, contamination, or interruption of that water
supply | 1661 |
and the owner's real property is located within the projected cone | 1662 |
of
depression of a surface mining operation established under this | 1663 |
section,
the owner may submit a written complaint to the operator | 1664 |
of
that operation informing the operator that there is a | 1665 |
diminution,
contamination, or interruption of the owner's water | 1666 |
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 of | 1669 |
the
complaint and include a statement that explains how the | 1670 |
operator resolved
or will resolve the complaint. Not later than | 1671 |
seventy-two hours after receipt of
the complaint, the operator | 1672 |
shall provide the owner a supply of water that is
comparable, in | 1673 |
quantity and quality,
to the owner's water supply prior to the | 1674 |
diminution,
contamination, or interruption of the owner's water | 1675 |
supply. The
operator shall maintain that water supply until the | 1676 |
operator
provides a permanent replacement water supply to the | 1677 |
owner under
division (B)(3) of this section or until the division | 1678 |
of mineral
resources management completes the evaluation under | 1679 |
division (B)(2)
of this
section, whichever is
applicable. | 1680 |
(2) A rebuttable presumption exists that the operation | 1681 |
caused the
diminution, contamination, or interruption of the | 1682 |
owner's water supply.
However, not later than fourteen days after | 1683 |
receipt
of the complaint, the operator may submit to the division | 1684 |
information
showing that the operation is not the proximate cause | 1685 |
of the
diminution, contamination, or interruption of the owner's | 1686 |
water
supply. The division shall evaluate the information | 1687 |
submitted by the operator
to determine if the presumption is | 1688 |
rebutted. If the operator fails to rebut
the
presumption, the | 1689 |
division immediately shall notify the operator that the
operator | 1690 |
failed to rebut the presumption. Not later than fourteen days | 1691 |
after
receipt of that
notice, the operator shall provide the owner | 1692 |
a permanent
replacement water supply that is comparable, in | 1693 |
quantity and
quality, to the owner's water supply prior to the | 1694 |
diminution,
contamination, or interruption of the owner's water | 1695 |
supply. If
the operator rebuts the presumption, the
division | 1696 |
immediately shall notify the operator that the operator rebutted | 1697 |
the
presumption,
and,
upon receipt of that notice, the operator | 1698 |
may cease providing a
supply of water to the owner under division | 1699 |
(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 showing | 1702 |
that the
operation
is not the proximate cause of the diminution, | 1703 |
contamination, or
interruption of the owner's water supply, the | 1704 |
operator shall
provide the owner, not later than twenty-eight days | 1705 |
after receipt
of the complaint, a permanent replacement water | 1706 |
supply that is
comparable, in quantity and quality, to the owner's | 1707 |
water supply
prior to the diminution, contamination, or | 1708 |
interruption of the
owner's water supply. | 1709 |
(4) The division may investigate a
complaint under division | 1710 |
(B) of this section. | 1711 |
(C) If an owner of real property who obtains all or part of | 1712 |
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 the | 1715 |
owner's real property is not located within the
projected cone of | 1716 |
depression of a surface mining operation established under
this | 1717 |
section,
the owner may submit a written complaint to the operator | 1718 |
of
that operation or to the chief informing the operator or the | 1719 |
chief that
there is a diminution, contamination, or interruption | 1720 |
of the owner's
water supply. The complaint shall include the | 1721 |
owner's name,
address, and telephone number. | 1722 |
If the operator receives a written complaint,
the operator | 1723 |
immediately shall send the chief a
copy of the complaint.
If the | 1724 |
chief receives a written complaint,
the chief immediately shall | 1725 |
send the operator a copy of the complaint.
The chief shall | 1726 |
investigate any
complaint submitted under this division and, upon | 1727 |
completion of the
investigation, immediately shall send
the | 1728 |
results of the investigation to the
operator and to the owner
that | 1729 |
filed the complaint. | 1730 |
An owner that submits a written complaint under this division | 1731 |
may resolve the diminution, contamination, or interruption of
the | 1732 |
owner's water supply with the operator of that
operation or may | 1733 |
commence a civil action for that purpose. | 1734 |
(D) An operator may request the chief to amend the plan of | 1735 |
mining
and reclamation filed with the application under section | 1736 |
1514.02 of
the Revised Code when a ground water user may affect | 1737 |
the projected cone of depression established for the operation | 1738 |
under division
(A) of this section. The operator shall submit | 1739 |
additional data
that reflect the ground water user's impact on the | 1740 |
ground
water. The chief shall perform ground water modeling using | 1741 |
the
additional data and may establish a revised projected cone of | 1742 |
depression for that operation. | 1743 |
(E) This section shall not be construed as creating, | 1744 |
modifying,
or affecting any right, liability, or remedy of surface | 1745 |
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 than | 1748 |
five
thousand dollars plus not more than one thousand dollars per | 1749 |
acre
of land affected, and is responsible for achieving | 1750 |
reclamation of
the land as required pursuant to
Chapter 1514. of | 1751 |
the Revised Code
this chapter. | 1752 |
(B) Whoever violates division (B) of section 1514.10 of
the | 1753 |
Revised Code may be fined not more than one thousand dollars
per | 1754 |
acre of land affected that is not under permit, and is
responsible | 1755 |
for achieving reclamation of the land as required
pursuant to | 1756 |
Chapter 1514. of the Revised Code
this chapter. | 1757 |
(C) Whoever violates division (C) of section 1514.10 of
the | 1758 |
Revised Code may be fined not less than one hundred nor more
than | 1759 |
one thousand dollars, or imprisoned not more than six
months, or | 1760 |
both. | 1761 |
(D) Whoever violates division (D), (E),
(F), or (G) of | 1762 |
section
1514.10 of
the Revised Code may be fined not less than one | 1763 |
hundred
nor more
than one thousand dollars for a first offense. | 1764 |
For each
subsequent offense, on one or more permits held by such | 1765 |
persons,
such person may be fined not less than two hundred nor | 1766 |
more than
five thousand dollars, or imprisoned not more than six | 1767 |
months, or
both. The permit of any person convicted of a third | 1768 |
offense may
be revoked by the court at the time of
such
that | 1769 |
conviction, and
such
the
court at
such
that time may further order | 1770 |
that no permit
or
amendment
to
a permit may be issued to
such
that | 1771 |
person under
Chapter
1514. of the
Revised Code
this chapter for a | 1772 |
period of
five years from the date
of
such
the
conviction.
Nothing | 1773 |
contained in this section shall be construed
to limit or
affect | 1774 |
the authority of the chief
of the division of mineral
resources | 1775 |
management granted by this chapter. | 1776 |
Sec. 5749.02. (A) For the purpose of providing revenue to | 1777 |
administer the state's coal mining and reclamation regulatory | 1778 |
program, to meet the environmental and resource management needs | 1779 |
of this state, and to reclaim land affected by mining, an excise | 1780 |
tax is hereby levied on the privilege of engaging in the
severance | 1781 |
of natural resources from the soil or water of this
state. The | 1782 |
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 or | 1786 |
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 of | 1790 |
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 from | 1794 |
the tax levied in division (A)(1) of this section, six and | 1795 |
three-tenths per cent shall be credited to the geological mapping | 1796 |
fund created in section 1505.09 of the Revised Code, fourteen and | 1797 |
two-tenths per cent shall be credited to the
reclamation | 1798 |
forfeiture fund
created in section 1513.18 of the Revised Code, | 1799 |
fifty-seven and nine-tenths per cent shall be credited to the
coal | 1800 |
mining administration and reclamation reserve fund created
in | 1801 |
section 1513.181 of the Revised Code, and the remainder shall
be | 1802 |
credited to the unreclaimed lands fund created in section
1513.30 | 1803 |
of the Revised Code. When, at any time during a fiscal year, the | 1804 |
chief
of the division of mineral resources
management
finds that | 1805 |
the balance of the coal mining
administration and reclamation | 1806 |
reserve fund is below two million
dollars, the chief shall certify | 1807 |
that fact to the director of
budget and management. Upon receipt | 1808 |
of the chief's
certification, the director shall direct the | 1809 |
treasurer of state
to instead credit to the coal mining | 1810 |
administration and
reclamation reserve fund during the remainder | 1811 |
of the fiscal year for
which the
certification is made the | 1812 |
fourteen and two-tenths per cent of the
moneys collected from the | 1813 |
tax levied in division (A)(1) of this
section and otherwise | 1814 |
required by this division to be credited to
the reclamation | 1815 |
forfeiture fund. | 1816 |
Fifteen
Twenty-eight and five-tenths per cent of the moneys | 1817 |
received by the treasurer of
state from the tax levied in division | 1818 |
(A)(2) of this section
shall be credited to the geological mapping | 1819 |
fund and the
remainder shall be credited to the
unreclaimed lands | 1820 |
surface mining
fund
created in section 1514.06 of the Revised | 1821 |
Code. | 1822 |
Of the moneys received by the treasurer of state from the
tax | 1823 |
levied in divisions (A)(3) and (4) of this section,
seven
fourteen | 1824 |
and
five-tenths per cent shall be credited to the geological | 1825 |
mapping
fund,
forty-two and five-tenths
twenty-six per cent shall | 1826 |
be credited to the
unreclaimed lands fund, and the remainder shall | 1827 |
be credited to
the surface mining fund
created in section
1514.06 | 1828 |
of the Revised Code. | 1829 |
Of the moneys received by the treasurer of state from the
tax | 1830 |
levied in divisions (A)(5) and (6) of this section,
ninety per | 1831 |
cent shall be credited to the oil and gas well
fund created in | 1832 |
section 1509.02 of
the Revised Code and ten per cent shall be | 1833 |
credited to the
geological mapping fund.
All of
Of the
moneys | 1834 |
received by the treasurer of state from the tax levied in
division | 1835 |
(A)(7) of this section, nine and one-tenth per cent shall be | 1836 |
credited to the geological mapping fund, and the remainder shall | 1837 |
be credited to the surface
mining fund. | 1838 |
(C) For the purpose of paying the state's expenses for | 1839 |
reclaiming mined lands that the operator failed to reclaim
under a | 1840 |
coal
mining and reclamation permit issued under Chapter 1513. of | 1841 |
the Revised Code,
or under a surface mining permit issued under | 1842 |
Chapter 1514. of the Revised
Code, for
which the operator's bond | 1843 |
is not
sufficient to pay the state's expense for reclamation, | 1844 |
there is
hereby levied an excise tax on the privilege of engaging | 1845 |
in the
severance of coal from the soil or water of this state in | 1846 |
addition to the taxes levied by divisions (A)(1) and (D) of this | 1847 |
section. The tax shall be imposed at the rate of one cent per
ton | 1848 |
of coal. Moneys received by
the treasurer of state from the tax | 1849 |
levied under this division
shall be credited to the reclamation | 1850 |
forfeiture fund
created in section 1513.18 of the Revised
Code. | 1851 |
(D) For the purpose of paying the state's expenses for | 1852 |
reclaiming coal mined lands that the operator failed to reclaim
in | 1853 |
accordance with Chapter 1513. of the Revised Code under a coal | 1854 |
mining and reclamation permit issued after April 10, 1972, but | 1855 |
before September 1, 1981, for which the operator's bond is not | 1856 |
sufficient to pay the state's expense for reclamation and paying | 1857 |
the expenses for administering the state's coal mining and | 1858 |
reclamation regulatory program, there is hereby levied an excise | 1859 |
tax on the privilege of engaging in the severance of coal from
the | 1860 |
soil or water of this state in addition to the taxes levied
by | 1861 |
divisions (A)(1) and (C) of this section. The tax shall be | 1862 |
imposed at the rate of one cent per ton of coal as prescribed in | 1863 |
this division. Moneys received by the treasurer of state from
the | 1864 |
tax levied by this division shall be credited to the
reclamation | 1865 |
forfeiture fund created
in section 1513.18
of the Revised Code. | 1866 |
When, at the close of any fiscal year, the chief finds that | 1867 |
the balance of the reclamation
forfeiture fund, plus estimated | 1868 |
transfers
to it from the coal mining and reclamation reserve fund | 1869 |
under
section 1513.181 of the Revised Code, plus the estimated | 1870 |
revenues
from the tax levied by this division for the remainder of | 1871 |
the
calendar year that includes the close of the fiscal year, are | 1872 |
sufficient to complete the reclamation of such lands, the
purposes | 1873 |
for which the tax under this division is levied shall be
deemed | 1874 |
accomplished at the end of that calendar year. The chief,
within | 1875 |
thirty days after the close of the fiscal year,
shall certify | 1876 |
those findings to the tax commissioner, and
the tax shall
cease to | 1877 |
be imposed after the last day of that calendar year. | 1878 |
(E) On the day fixed for the payment of the severance
taxes | 1879 |
required to be paid by this section, the taxes with any
penalties | 1880 |
or interest on them
shall become a lien on all property
of the | 1881 |
taxpayer in this state whether the property is employed
by the | 1882 |
taxpayer in the prosecution of its business or is in the
hands of | 1883 |
an assignee, trustee, or receiver for the benefit of
creditors or | 1884 |
stockholders. The lien shall continue until the
taxes and any | 1885 |
penalties or interest thereon are paid. | 1886 |
Upon failure of the taxpayer to pay a tax on the day fixed | 1887 |
for payment, the tax commissioner may file, for which no filing | 1888 |
fee shall be charged, in the office of the county recorder in
each | 1889 |
county in this state in which the taxpayer owns or has a | 1890 |
beneficial interest in real estate, notice of the lien containing | 1891 |
a brief description of the real estate. The lien shall not be | 1892 |
valid as against any mortgagee, purchaser, or judgment creditor | 1893 |
whose rights have attached prior to the time the notice is filed | 1894 |
in the county in which the real estate that is the subject of
the | 1895 |
mortgage, purchase, or judgment lien is located. The notice
shall | 1896 |
be recorded in a book kept by the recorder called the
"severance | 1897 |
tax lien record" and indexed under the name of the
taxpayer | 1898 |
charged with the tax. When the tax has been paid, the
tax | 1899 |
commissioner shall furnish to the taxpayer an acknowledgement
of | 1900 |
payment, which the taxpayer may record with the recorder of
each | 1901 |
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 a | 1907 |
study of the Division of Mineral Resources Management's safety | 1908 |
inspection program for noncoal surface mining. The study shall | 1909 |
examine the organizational structure of the safety inspection | 1910 |
program and make recommendations to improve efficiency, improve | 1911 |
workers safety, expand the safety training program, and reduce | 1912 |
duplication by evaluating potential improvements to worker safety | 1913 |
and program effectiveness through any or all of the following: | 1914 |
(A) The repeal of the provisions in Chapter 1561. of the | 1915 |
Revised Code that apply to noncoal surface mines, specifically the | 1916 |
repeal of the provisions concerning the inspection of noncoal | 1917 |
surface mines; | 1918 |
(B) The repeal of the provisions in Am. H.B. 384 of the 123rd | 1919 |
General Assembly that apply to noncoal surface mines; | 1920 |
(C) The adoption by reference only of the federal Mine Safety | 1921 |
and Health Administration part 56 standards for noncoal surface | 1922 |
mines as identified by the Director; | 1923 |
(D) The establishment of a training program by the Department | 1924 |
of Natural Resources in accordance with part 46 standards as | 1925 |
identified by the Director; | 1926 |
(E) The establishment of a courtesy inspection program by the | 1927 |
Department in conjunction with the Division of Safety and Hygiene | 1928 |
in the Bureau of Workers' Compensation. | 1929 |
In conducting the study, the Director shall seek the advice | 1930 |
and opinions of a representative from a trade organization that | 1931 |
represents noncoal surface and clay mines. Not later than January | 1932 |
1, 2002, the Director shall report the findings and | 1933 |
recommendations of the study to the Governor, the President of the | 1934 |
Senate, and the Speaker of the House of Representatives. | 1935 |
Section 4. Section 5749.02 of the Revised Code, as amended by | 1936 |
this act, shall take effect January 1, 2002. | 1937 |
|