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Am. Sub. H. B. No. 163 As Reported by the Senate Agriculture, Environment and Natural Resources CommitteeAs Reported by the Senate Agriculture, Environment and Natural Resources Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Carey, Derickson, Boose, Adams, J., Blessing, Combs, Hackett, Stebelton, Buchy, Amstutz, Anielski, Barnes, Beck, Blair, Bubp, Burke, Dovilla, Gardner, Garland, Gerberry, Grossman, Hagan, C., Hayes, Hottinger, Letson, Lundy, Maag, Mallory, Martin, McClain, Mecklenborg, Newbold, Peterson, Roegner, Ruhl, Slaby, Stautberg, Szollosi, Thompson, Uecker, Wachtmann
Senator Schaffer
A BILL
To amend sections 1513.07, 1513.073, 1513.075,
1513.081, 1513.16, 1513.18, and 1513.371 of the
Revised Code to revise the coal mining laws
regarding permit application, set-back, and
alternative water treatment or supply
requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1513.07, 1513.073, 1513.075,
1513.081, 1513.16, 1513.18, and 1513.371 of the Revised Code be
amended to read as follows:
Sec. 1513.07. (A)(1) No operator shall conduct a coal mining
operation without a permit for the operation issued by the chief
of the division of mineral resources management.
(2) All permits issued pursuant to this chapter shall be
issued for a term not to exceed five years, except that, if the
applicant demonstrates that a specified longer term is reasonably
needed to allow the applicant to obtain necessary financing for
equipment and the opening of the operation and if the application
is full and complete for the specified longer term, the chief may
grant a permit for the longer term. A successor in interest to a
permittee who applies for a new permit within thirty days after
succeeding to the interest and who is able to obtain the
performance security of the original permittee may continue coal
mining and reclamation operations according to the approved mining
and reclamation plan of the original permittee until the
successor's application is granted or denied.
(3) A permit shall terminate if the permittee has not
commenced the coal mining operations covered by the permit within
three years after the issuance of the permit, except that the
chief may grant reasonable extensions of the time upon a showing
that the extensions are necessary by reason of litigation
precluding the commencement or threatening substantial economic
loss to the permittee or by reason of conditions beyond the
control and without the fault or negligence of the permittee, and
except that with respect to coal to be mined for use in a
synthetic fuel facility or specified major electric generating
facility, the permittee shall be deemed to have commenced coal
mining operations at the time construction of the synthetic fuel
or generating facility is initiated.
(4)(a) Any permit issued pursuant to this chapter shall carry
with it the right of successive renewal upon expiration with
respect to areas within the boundaries of the permit. The holders
of the permit may apply for renewal and the renewal shall be
issued unless the chief determines by written findings, subsequent
to fulfillment of the public notice requirements of this section
and section 1513.071 of the Revised Code through demonstrations by
opponents of renewal or otherwise, that one or more of the
following circumstances exists:
(i) The terms and conditions of the existing permit are not
being satisfactorily met.
(ii) The present coal mining and reclamation operation is not
in compliance with the environmental protection standards of this
chapter.
(iii) The renewal requested substantially jeopardizes the
operator's continuing responsibilities on existing permit areas.
(iv) The applicant has not provided evidence that the
performance security in effect for the operation will continue in
effect for any renewal requested in the application.
(v) Any additional, revised, or updated information required
by the chief has not been provided. Prior to the approval of any
renewal of a permit, the chief shall provide notice to the
appropriate public authorities as prescribed by rule of the chief.
(b) If an application for renewal of a valid permit includes
a proposal to extend the mining operation beyond the boundaries
authorized in the existing permit, the portion of the application
for renewal of a valid permit that addresses any new land areas
shall be subject to the full standards applicable to new
applications under this chapter.
(c) A permit renewal shall be for a term not to exceed the
period of the original permit established by this chapter.
Application for permit renewal shall be made at least one hundred
twenty days prior to the expiration of the valid permit.
(5) A permit issued pursuant to this chapter does not
eliminate the requirements for obtaining a permit to install or
modify a disposal system or any part thereof or to discharge
sewage, industrial waste, or other wastes into the waters of the
state in accordance with Chapter 6111. of the Revised Code.
(B)(1) The permit application shall be submitted in a manner
satisfactory to the chief and shall contain, among other things,
all of the following:
(a) The names and addresses of all of the following:
(i) The permit applicant;
(ii) Every legal owner of record of the property, surface and
mineral, to be mined;
(iii) The holders of record of any leasehold interest in the
property;
(iv) Any purchaser of record of the property under a real
estate contract;
(v) The operator if different from the applicant;
(vi) If any of these are business entities other than a
single proprietor, the names and addresses of the principals,
officers, and statutory agent for service of process.
(b) The names and addresses of the owners of record of all
surface and subsurface areas adjacent to any part of the permit
area;
(c) A statement of any current or previous coal mining
permits in the United States held by the applicant, the permit
identification, and any pending applications;
(d) If the applicant is a partnership, corporation,
association, or other business entity, the following where
applicable: the names and addresses of every officer, partner,
director, or person performing a function similar to a director,
of the applicant, the name and address of any person owning, of
record, ten per cent or more of any class of voting stock of the
applicant, a list of all names under which the applicant, partner,
or principal shareholder previously operated a coal mining
operation within the United States within the five-year period
preceding the date of submission of the application, and a list of
the person or persons primarily responsible for ensuring that the
applicant complies with the requirements of this chapter and rules
adopted pursuant thereto while mining and reclaiming under the
permit;
(e) A statement of whether the applicant, any subsidiary,
affiliate, or persons controlled by or under common control with
the applicant, any partner if the applicant is a partnership, any
officer, principal shareholder, or director if the applicant is a
corporation, or any other person who has a right to control or in
fact controls the management of the applicant or the selection of
officers, directors, or managers of the applicant:
(i) Has ever held a federal or state coal mining permit that
in the five-year period prior to the date of submission of the
application has been suspended or revoked or has had a coal mining
bond, performance security, or similar security deposited in lieu
of bond forfeited and, if so, a brief explanation of the facts
involved;
(ii) Has been an officer, partner, director, principal
shareholder, or person having the right to control or has in fact
controlled the management of or the selection of officers,
directors, or managers of a business entity that has had a coal
mining or surface mining permit that in the five-year period prior
to the date of submission of the application has been suspended or
revoked or has had a coal mining or surface mining bond,
performance security, or similar security deposited in lieu of
bond forfeited and, if so, a brief explanation of the facts
involved.
(f) A copy of the applicant's advertisement to be published
in a newspaper of general circulation in the locality of the
proposed site at least once a week for four successive weeks,
which shall include the ownership of the proposed mine, a
description of the exact location and boundaries of the proposed
site sufficient to make the proposed operation readily
identifiable by local residents, and the location where the
application is available for public inspection;
(g) A description of the type and method of coal mining
operation that exists or is proposed, the engineering techniques
proposed or used, and the equipment used or proposed to be used;
(h) The anticipated or actual starting and termination dates
of each phase of the mining operation and number of acres of land
to be affected;
(i) An accurate map or plan, to an appropriate scale, clearly
showing the land to be affected and the land upon which the
applicant has the legal right to enter and commence coal mining
operations, copies of those documents upon which is based the
applicant's legal right to enter and commence coal mining
operations, and a statement whether that right is the subject of
pending litigation. This chapter does not authorize the chief to
adjudicate property title disputes.
(j) The name of the watershed and location of the surface
stream or tributary into which drainage from the operation will be
discharged;
(k) A determination of the probable hydrologic consequences
of the mining and reclamation operations, both on and off the mine
site, with respect to the hydrologic regime, providing information
on the quantity and quality of water in surface and ground water
systems including the dissolved and suspended solids under
seasonal flow conditions and the collection of sufficient data for
the mine site and surrounding areas so that an assessment can be
made by the chief of the probable cumulative impacts of all
anticipated mining in the area upon the hydrology of the area and
particularly upon water availability, but this determination shall
not be required until hydrologic information of the general area
prior to mining is made available from an appropriate federal or
state agency; however, the permit shall not be approved until the
information is available and is incorporated into the application;
(l) When requested by the chief, the climatological factors
that are peculiar to the locality of the land to be affected,
including the average seasonal precipitation, the average
direction and velocity of prevailing winds, and the seasonal
temperature ranges;
(m) Accurate maps prepared by or under the direction of and
certified by a qualified registered professional engineer,
registered surveyor, or licensed landscape architect to an
appropriate scale clearly showing all types of information set
forth on topographical maps of the United States geological survey
of a scale of not more than four hundred feet to the inch,
including all artificial features and significant known
archeological sites. The map, among other things specified by the
chief, shall show all boundaries of the land to be affected, the
boundary lines and names of present owners of record of all
surface areas abutting the permit area, and the location of all
buildings within one thousand feet of the permit area.
(n)(i) Cross-section maps or plans of the land to be affected
including the actual area to be mined, prepared by or under the
direction of and certified by a qualified registered professional
engineer or certified professional geologist with assistance from
experts in related fields such as hydrology, hydrogeology,
geology, and landscape architecture, showing pertinent elevations
and locations of test borings or core samplings and depicting the
following information: the nature and depth of the various strata
of overburden; the nature and thickness of any coal or rider seam
above the coal seam to be mined; the nature of the stratum
immediately beneath the coal seam to be mined; all mineral crop
lines and the strike and dip of the coal to be mined within the
area to be affected; existing or previous coal mining limits; the
location and extent of known workings of any underground mines,
including mine openings to the surface; the location of spoil,
waste, or refuse areas and topsoil preservation areas; the
location of all impoundments for waste or erosion control; any
settling or water treatment facility; constructed or natural
drainways and the location of any discharges to any surface body
of water on the land to be affected or adjacent thereto; profiles
at appropriate cross sections of the anticipated final surface
configuration that will be achieved pursuant to the operator's
proposed reclamation plan; the location of subsurface water, if
encountered; the location and quality of aquifers; and the
estimated elevation of the water table. Registered surveyors shall
be allowed to perform all plans, maps, and certifications under
this chapter as they are authorized under Chapter 4733. of the
Revised Code.
(ii) A statement of the quality and locations of subsurface
water. The chief shall provide by rule the number of locations to
be sampled, frequency of collection, and parameters to be analyzed
to obtain the statement required.
(o) A statement of the results of test borings or core
samplings from the permit area, including logs of the drill holes,
the thickness of the coal seam found, an analysis of the chemical
properties of the coal, the sulfur content of any coal seam,
chemical analysis of potentially acid or toxic forming sections of
the overburden, and chemical analysis of the stratum lying
immediately underneath the coal to be mined, except that this
division may be waived by the chief with respect to the specific
application by a written determination that its requirements are
unnecessary. If the test borings or core samplings from the permit
area indicate the existence of potentially acid forming or toxic
forming quantities of sulfur in the coal or overburden to be
disturbed by mining, the application also shall include a
statement of the acid generating potential and the acid
neutralizing potential of the rock strata to be disturbed as
calculated in accordance with the calculation method established
under section 1513.075 of the Revised Code or with another
calculation method.
(p) For those lands in the permit application that a
reconnaissance inspection suggests may be prime farmlands, a soil
survey shall be made or obtained according to standards
established by the secretary of the United States department of
agriculture in order to confirm the exact location of the prime
farmlands, if any;
(q) A certificate issued by an insurance company authorized
to do business in this state certifying that the applicant has a
public liability insurance policy in force for the coal mining and
reclamation operations for which the permit is sought or evidence
that the applicant has satisfied other state self-insurance
requirements. The policy shall provide for personal injury and
property damage protection in an amount adequate to compensate any
persons damaged as a result of coal mining and reclamation
operations, including the use of explosives, and entitled to
compensation under the applicable provisions of state law. The
policy shall be maintained in effect during the term of the permit
or any renewal, including the length of all reclamation
operations. The insurance company shall give prompt notice to the
permittee and the chief if the public liability insurance policy
lapses for any reason including the nonpayment of insurance
premiums. Upon the lapse of the policy, the chief may suspend the
permit and all other outstanding permits until proper insurance
coverage is obtained.
(r) The business telephone number of the applicant;
(s) If the applicant seeks an authorization under division
(E)(7) of this section to conduct coal mining and reclamation
operations on areas to be covered by the permit that were affected
by coal mining operations before August 3, 1977, that have
resulted in continuing water pollution from or on the previously
mined areas, such additional information pertaining to those
previously mined areas as may be required by the chief, including,
without limitation, maps, plans, cross sections, data necessary to
determine existing water quality from or on those areas with
respect to pH, iron, and manganese, and a pollution abatement plan
that may improve water quality from or on those areas with respect
to pH, iron, and manganese.
(2) Information pertaining to coal seams, test borings, core
samplings, or soil samples as required by this section shall be
made available by the chief to any person with an interest that is
or may be adversely affected, except that information that
pertains only to the analysis of the chemical and physical
properties of the coal, excluding information regarding mineral or
elemental content that is potentially toxic in the environment,
shall be kept confidential and not made a matter of public record.
(3)(a) If the chief finds that the probable total annual
production at all locations of any operator will not exceed three
hundred thousand tons, the following activities, upon the written
request of the operator in connection with a permit application,
shall be performed by a qualified public or private laboratory or
another public or private qualified entity designated by the
chief, and the cost of the activities shall be assumed by the
chief, provided that sufficient moneys for such assistance are
available:
(i) The determination of probable hydrologic consequences
required under division (B)(1)(k) of this section;
(ii) The development of cross-section maps and plans required
under division (B)(1)(n)(i) of this section;
(iii) The geologic drilling and statement of results of test
borings and core samplings required under division (B)(1)(o) of
this section;
(iv) The collection of archaeological information required
under division (B)(1)(m) of this section and any other
archaeological and historical information required by the chief,
and the preparation of plans necessitated thereby;
(v) Pre-blast surveys required under division (E) of section
1513.161 of the Revised Code;
(vi) The collection of site-specific resource information and
production of protection and enhancement plans for fish and
wildlife habitats and other environmental values required by the
chief under this chapter.
(b) A coal operator that has received assistance under
division (B)(3)(a) of this section shall reimburse the chief for
the cost of the services rendered if the chief finds that the
operator's actual and attributed annual production of coal for all
locations exceeds three hundred thousand tons during the twelve
months immediately following the date on which the operator was
issued a coal mining and reclamation permit.
(4) Each applicant for a permit shall submit to the chief as
part of the permit application a reclamation plan that meets the
requirements of this chapter.
(5) Each applicant for a coal mining and reclamation permit
shall file a copy of the application for a permit, excluding that
information pertaining to the coal seam itself, for public
inspection with the county recorder or an appropriate public
office approved by the chief in the county where the mining is
proposed to occur.
(6) Each applicant for a coal mining and reclamation permit
shall submit to the chief as part of the permit application a
blasting plan that describes the procedures and standards by which
the operator will comply with section 1513.161 of the Revised
Code.
(C) Each reclamation plan submitted as part of a permit
application shall include, in the detail necessary to demonstrate
that reclamation required by this chapter can be accomplished and
in the detail necessary for the chief to determine the estimated
cost of reclamation if the reclamation has to be performed by the
division of mineral resources management in the event of
forfeiture of the performance security by the applicant, a
statement of:
(1) The identification of the lands subject to coal mining
operations over the estimated life of those operations and the
size, sequence, and timing of the subareas for which it is
anticipated that individual permits for mining will be sought;
(2) The condition of the land to be covered by the permit
prior to any mining, including all of the following:
(a) The uses existing at the time of the application and, if
the land has a history of previous mining, the uses that preceded
any mining;
(b) The capability of the land prior to any mining to support
a variety of uses, giving consideration to soil and foundation
characteristics, topography, and vegetative cover and, if
applicable, a soil survey prepared pursuant to division (B)(1)(p)
of this section;
(c) The productivity of the land prior to mining, including
appropriate classification as prime farmlands as well as the
average yield of food, fiber, forage, or wood products obtained
from the land under high levels of management.
(3) The use that is proposed to be made of the land following
reclamation, including information regarding the utility and
capacity of the reclaimed land to support a variety of alternative
uses, the relationship of the proposed use to existing land use
policies and plans, and the comments of any owner of the land and
state and local governments or agencies thereof that would have to
initiate, implement, approve, or authorize the proposed use of the
land following reclamation;
(4) A detailed description of how the proposed postmining
land use is to be achieved and the necessary support activities
that may be needed to achieve the proposed land use;
(5) The engineering techniques proposed to be used in mining
and reclamation and a description of the major equipment; a plan
for the control of surface water drainage and of water
accumulation; a plan, where appropriate, for backfilling, soil
stabilization, and compacting, grading, and appropriate
revegetation; a plan for soil reconstruction, replacement, and
stabilization, pursuant to the performance standards in section
1513.16 of the Revised Code, for those food, forage, and forest
lands identified in that section; and a statement as to how the
permittee plans to comply with each of the requirements set out in
section 1513.16 of the Revised Code;
(6) A description of the means by which the utilization and
conservation of the solid fuel resource being recovered will be
maximized so that reaffecting the land in the future can be
minimized;
(7) A detailed estimated timetable for the accomplishment of
each major step in the reclamation plan;
(8) A description of the degree to which the coal mining and
reclamation operations are consistent with surface owner plans and
applicable state and local land use plans and programs;
(9) The steps to be taken to comply with applicable air and
water quality laws and regulations and any applicable health and
safety standards;
(10) A description of the degree to which the reclamation
plan is consistent with local physical, environmental, and
climatological conditions;
(11) A description of all lands, interests in lands, or
options on such interests held by the applicant or pending bids on
interests in lands by the applicant, which lands are contiguous to
the area to be covered by the permit;
(12) The results of test borings that the applicant has made
at the area to be covered by the permit, or other equivalent
information and data in a form satisfactory to the chief,
including the location of subsurface water, and an analysis of the
chemical properties, including acid forming properties of the
mineral and overburden; except that information that pertains only
to the analysis of the chemical and physical properties of the
coal, excluding information regarding mineral or elemental
contents that are potentially toxic in the environment, shall be
kept confidential and not made a matter of public record;
(13) A detailed description of the measures to be taken
during the mining and reclamation process to ensure the protection
of all of the following:
(a) The quality of surface and ground water systems, both on-
and off-site, from adverse effects of the mining and reclamation
process;
(b) The rights of present users to such water;
(c) The quantity of surface and ground water systems, both
on- and off-site, from adverse effects of the mining and
reclamation process or, where such protection of quantity cannot
be assured, provision of alternative sources of water.
(14) Any other requirements the chief prescribes by rule.
(D)(1) Any information required by division (C) of this
section that is not on public file pursuant to this chapter shall
be held in confidence by the chief.
(2) With regard to requests for an exemption from the
requirements of this chapter for coal extraction incidental to the
extraction of other minerals, as described in division (H)(1)(a)
of section 1513.01 of the Revised Code, confidential information
includes and is limited to information concerning trade secrets or
privileged commercial or financial information relating to the
competitive rights of the persons intending to conduct the
extraction of minerals.
(E)(1) Upon the basis of a complete mining application and
reclamation plan or a revision or renewal thereof, as required by
this chapter, and information obtained as a result of public
notification and public hearing, if any, as provided by section
1513.071 of the Revised Code, the chief shall grant, require
modification of, or deny the application for a permit and notify
the applicant in writing in accordance with division (I)(3) of
this section. An application is deemed to be complete as submitted
to the chief unless the chief, within fourteen days of the
submission, identifies deficiencies in the application in writing
and subsequently submits a copy of a written list of deficiencies
to the applicant.
A decision of the chief denying a permit shall state in
writing the specific reasons for the denial.
The applicant for a permit or revision of a permit has the
burden of establishing that the application is in compliance with
all the requirements of this chapter. Within ten days after the
granting of a permit, the chief shall notify the boards of
township trustees and county commissioners, the mayor, and the
legislative authority in the township, county, and municipal
corporation in which the area of land to be affected is located
that a permit has been issued and shall describe the location of
the land. However, failure of the chief to notify the local
officials shall not affect the status of the permit.
(2) No permit application or application for revision of an
existing permit shall be approved unless the application
affirmatively demonstrates and the chief finds in writing on the
basis of the information set forth in the application or from
information otherwise available, which shall be documented in the
approval and made available to the applicant, all of the
following:
(a) The application is accurate and complete and all the
requirements of this chapter have been complied with.
(b) The applicant has demonstrated that the reclamation
required by this chapter can be accomplished under the reclamation
plan contained in the application.
(c)(i) Assessment of the probable cumulative impact of all
anticipated mining in the general and adjacent area on the
hydrologic balance specified in division (B)(1)(k) of this section
has been made by the chief, and the proposed operation has been
designed to prevent material damage to hydrologic balance outside
the permit area.
(ii) There shall be an ongoing process conducted by the chief
in cooperation with other state and federal agencies to review all
assessments of probable cumulative impact of coal mining in light
of post-mining data and any other hydrologic information as it
becomes available to determine if the assessments were realistic.
The chief shall take appropriate action as indicated in the review
process.
(d) The area proposed to be mined is not included within an
area designated unsuitable for coal mining pursuant to section
1513.073 of the Revised Code or is not within an area under study
for such designation in an administrative proceeding commenced
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the
Revised Code unless in an area as to which an administrative
proceeding has commenced pursuant to division (A)(3)(c) or (B) of
section 1513.073 of the Revised Code, the operator making the
permit application demonstrates that, prior to January 1, 1977,
the operator made substantial legal and financial commitments in
relation to the operation for which a permit is sought.
(e) In cases where the private mineral estate has been
severed from the private surface estate and surface disturbance
will result from the applicant's proposed use of a strip mining
method, the applicant has submitted to the chief one of the
following:
(i) The written consent of the surface owner to the surface
disturbance that will result from the extraction of coal by the
applicant's proposed strip mining methods method;
(ii) A conveyance that expressly grants or reserves the right
to extract the coal by strip mining methods that cause surface
disturbance;
(iii) If the conveyance does not expressly grant the right to
extract coal by strip mining methods that cause surface
disturbance, the surface-subsurface legal relationship concerning
surface disturbance shall be determined under the law of this
state. This chapter does not authorize the chief to adjudicate
property rights disputes.
(3)(a) The applicant shall file with the permit application a
schedule listing all notices of violations of any law, rule, or
regulation of the United States or of any department or agency
thereof or of any state pertaining to air or water environmental
protection incurred by the applicant in connection with any coal
mining operation during the three-year period prior to the date of
application. The schedule also shall indicate the final resolution
of such a notice of violation. Upon receipt of an application, the
chief shall provide a schedule listing all notices of violations
of this chapter pertaining to air or water environmental
protection incurred by the applicant during the three-year period
prior to receipt of the application and the final resolution of
all such notices of violation. The chief shall provide this
schedule to the applicant for filing by the applicant with the
application filed for public review, as required by division
(B)(5) of this section. When the schedule or other information
available to the chief indicates that any coal mining operation
owned or controlled by the applicant is currently in violation of
such laws, the permit shall not be issued until the applicant
submits proof that the violation has been corrected or is in the
process of being corrected to the satisfaction of the regulatory
authority, department, or agency that has jurisdiction over the
violation and that any civil penalties owed to the state for a
violation and not the subject of an appeal have been paid. No
permit shall be issued to an applicant after a finding by the
chief that the applicant or the operator specified in the
application controls or has controlled mining operations with a
demonstrated pattern of willful violations of this chapter of a
nature and duration to result in irreparable damage to the
environment as to indicate an intent not to comply with or a
disregard of this chapter.
(b) For the purposes of division (E)(3)(a) of this section,
any violation resulting from an unanticipated event or condition
at a surface coal mining operation on lands eligible for remining
under a permit held by the person submitting an application for a
coal mining permit under this section shall not prevent issuance
of that permit. As used in this division, "unanticipated event or
condition" means an event or condition encountered in a remining
operation that was not contemplated by the applicable surface coal
mining and reclamation permit.
(4)(a) In addition to finding the application in compliance
with division (E)(2) of this section, if the area proposed to be
mined contains prime farmland as determined pursuant to division
(B)(1)(p) of this section, the chief, after consultation with the
secretary of the United States department of agriculture and
pursuant to regulations issued by the secretary of the interior
with the concurrence of the secretary of agriculture, may grant a
permit to mine on prime farmland if the chief finds in writing
that the operator has the technological capability to restore the
mined area, within a reasonable time, to equivalent or higher
levels of yield as nonmined prime farmland in the surrounding area
under equivalent levels of management and can meet the soil
reconstruction standards in section 1513.16 of the Revised Code.
(b) Division (E)(4)(a) of this section does not apply to a
permit issued prior to August 3, 1977, or revisions or renewals
thereof.
(5) The chief shall issue an order denying a permit after
finding that the applicant has misrepresented or omitted any
material fact in the application for the permit.
(6) The chief may issue an order denying a permit after
finding that the applicant, any partner, if the applicant is a
partnership, any officer, principal shareholder, or director, if
the applicant is a corporation, or any other person who has a
right to control or in fact controls the management of the
applicant or the selection of officers, directors, or managers of
the applicant has been a sole proprietor or partner, officer,
director, principal shareholder, or person having the right to
control or has in fact controlled the management of or the
selection of officers, directors, or managers of a business entity
that ever has had a coal mining license or permit issued by this
or any other state or the United States suspended or revoked, ever
has forfeited a coal or surface mining bond, performance security,
or similar security deposited in lieu of bond in this or any other
state or with the United States, or ever has substantially or
materially failed to comply with this chapter.
(7) When issuing a permit under this section, the chief may
authorize an applicant to conduct coal mining and reclamation
operations on areas to be covered by the permit that were affected
by coal mining operations before August 3, 1977, that have
resulted in continuing water pollution from or on the previously
mined areas for the purpose of potentially reducing the pollution
loadings of pH, iron, and manganese from discharges from or on the
previously mined areas. Following the chief's authorization to
conduct such operations on those areas, the areas shall be
designated as pollution abatement areas for the purposes of this
chapter.
The chief shall not grant an authorization under division
(E)(7) of this section to conduct coal mining and reclamation
operations on any such previously mined areas unless the applicant
demonstrates to the chief's satisfaction that all of the following
conditions are met:
(a) The applicant's pollution abatement plan for mining and
reclaiming the previously mined areas represents the best
available technology economically achievable.
(b) Implementation of the plan will potentially reduce
pollutant loadings of pH, iron, and manganese resulting from
discharges of surface waters or ground water from or on the
previously mined areas within the permit area.
(c) Implementation of the plan will not cause any additional
degradation of surface water quality off the permit area with
respect to pH, iron, and manganese.
(d) Implementation of the plan will not cause any additional
degradation of ground water.
(e) The plan meets the requirements governing mining and
reclamation of such previously mined pollution abatement areas
established by the chief in rules adopted under section 1513.02 of
the Revised Code.
(f) Neither the applicant; any partner, if the applicant is a
partnership; any officer, principal shareholder, or director, if
the applicant is a corporation; any other person who has a right
to control or in fact controls the management of the applicant or
the selection of officers, directors, or managers of the
applicant; nor any contractor or subcontractor of the applicant,
has any of the following:
(i) Responsibility or liability under this chapter or rules
adopted under it as an operator for treating the discharges of
water pollutants from or on the previously mined areas for which
the authorization is sought;
(ii) Any responsibility or liability under this chapter or
rules adopted under it for reclaiming the previously mined areas
for which the authorization is sought;
(iii) During the eighteen months prior to submitting the
permit application requesting an authorization under division
(E)(7) of this section, had a coal mining and reclamation permit
suspended or revoked under division (D)(3) of section 1513.02 of
the Revised Code for violating this chapter or Chapter 6111. of
the Revised Code or rules adopted under them with respect to water
quality, effluent limitations, or surface or ground water
monitoring;
(iv) Ever forfeited a coal or surface mining bond,
performance security, or similar security deposited in lieu of a
bond in this or any other state or with the United States.
(8) In the case of the issuance of a permit that involves a
conflict of results between various methods of calculating
potential acidity and neutralization potential for purposes of
assessing the potential for acid mine drainage to occur at a mine
site, the permit shall include provisions for monitoring and
record keeping to identify the creation of unanticipated acid
water at the mine site. If the monitoring detects the creation of
acid water at the site, the permit shall impose on the permittee
additional requirements regarding mining practices and site
reclamation to prevent the discharge of acid mine drainage from
the mine site. As used in division (E)(8) of this section,
"potential acidity" and "neutralization potential" have the same
meanings as in section 1513.075 of the Revised Code.
(F)(1) During the term of the permit, the permittee may
submit an application for a revision of the permit, together with
a revised reclamation plan, to the chief.
(2) An application for a revision of a permit shall not be
approved unless the chief finds that reclamation required by this
chapter can be accomplished under the revised reclamation plan.
The revision shall be approved or disapproved within ninety days
after receipt of a complete revision application. The chief shall
establish, by rule, criteria for determining the extent to which
all permit application information requirements and procedures,
including notice and hearings, shall apply to the revision
request, except that any revisions that propose significant
alterations in the reclamation plan, at a minimum, shall be
subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit except
incidental boundary revisions shall be made by application for a
permit.
(G) No transfer, assignment, or sale of the rights granted
under a permit issued pursuant to this chapter shall be made
without the written approval of the chief.
(H) The chief, within a time limit prescribed in the chief's
rules, shall review outstanding permits and may require reasonable
revision or modification of a permit. A revision or modification
shall be based upon a written finding and subject to notice and
hearing requirements established by rule of the chief.
(I)(1) If an informal conference has been held pursuant to
section 1513.071 of the Revised Code, the chief shall issue and
furnish the applicant for a permit, persons who participated in
the informal conference, and persons who filed written objections
pursuant to division (B) of section 1513.071 of the Revised Code,
with the written finding of the chief granting or denying the
permit in whole or in part and stating the reasons therefor within
sixty days of the conference, provided that the chief shall comply
with the time frames established in division (I)(3) of this
section.
(2) If there has been no informal conference held pursuant to
section 1513.071 of the Revised Code, the chief shall submit to
the applicant for a permit the written finding of the chief
granting or denying the permit in whole or in part and stating the
reasons therefor within the time frames established in division
(I)(3) of this section.
(3) The chief shall grant or deny a permit not later than two
hundred forty days after the submission of a complete application
for the permit. Any time during which the applicant is making
revisions to an application or providing additional information
requested by the chief regarding an application shall not be
included in the two hundred forty days. If the chief determines
that a permit cannot be granted or denied within the
two-hundred-forty-day time frame, the chief, not later than two
hundred ten days after the submission of a complete application
for the permit, shall provide the applicant with written notice of
the expected delay.
(4) If the application is approved, the permit shall be
issued. If the application is disapproved, specific reasons
therefor shall be set forth in the notification. Within thirty
days after the applicant is notified of the final decision of the
chief on the permit application, the applicant or any person with
an interest that is or may be adversely affected may appeal the
decision to the reclamation commission pursuant to section 1513.13
of the Revised Code.
(5) Any applicant or any person with an interest that is or
may be adversely affected who has participated in the
administrative proceedings as an objector and is aggrieved by the
decision of the reclamation commission, or if the commission fails
to act within the time limits specified in this chapter, may
appeal in accordance with section 1513.14 of the Revised Code.
Sec. 1513.073. (A)(1) Upon petition pursuant to division (B)
of this section, the chief of the division of mineral resources
management shall designate an area as unsuitable for all or
certain types of coal mining operations if the chief determines
that reclamation pursuant to the requirements of this chapter is
not technologically and economically feasible.
(2) Upon petition pursuant to division (B) of this section, a
surface area may be designated unsuitable for all or certain types
of coal mining operations if the operations will:
(a) Be incompatible with existing state or local land use
plans or programs;
(b) Affect fragile or historic lands in which the operations
could result in significant damage to important historic,
cultural, scientific, and esthetic values and natural systems;
(c) Affect renewable resource lands in which the operations
could result in a substantial loss or reduction of long-range
productivity of water supply or of food or fiber products, or
aquifers and aquifer recharge areas;
(d) Affect natural hazard lands in which the operations could
substantially endanger life and property, such lands to include
areas subject to frequent flooding and areas of unstable geology.
(3) The chief shall develop the following:
(a) A data base and an inventory system that will permit
proper evaluation of the capacity of different land areas of the
state to support and permit reclamation of coal mining operations;
(b) A method or methods for implementing land use planning
decisions concerning coal mining operations;
(c) Procedures for proper notice and opportunities for public
participation, including a public meeting prior to making any
designation or redesignation, pursuant to this section.
(4) Determinations of the unsuitablity of land for coal
mining, as provided for in this section, shall be integrated as
closely as possible with present and future land use planning and
regulation processes at the federal, state, and local levels.
(5) The requirements of this section do not apply to lands on
which coal mining operations were being conducted on August 3,
1977, or under a permit issued pursuant to this chapter, or where
substantial legal and financial commitments in the operation were
in existence prior to January 4, 1977.
(B) A person having an interest that is or may be adversely
affected may petition the chief to have an area designated as
unsuitable for coal mining operations or to have such a
designation terminated. The petition shall contain allegations of
facts with supporting evidence that would tend to establish the
allegations. The chief shall hold a public meeting in the locality
of the affected area, after appropriate notice and publication of
the date, time, and location of the meeting within ninety days
after receipt of the petition, provided that the chief may extend
the time for holding the meeting an additional two hundred ten
days when, in the chief's judgment, such additional time is needed
for adequate review of the petition. Any person may appear at the
meeting and present a statement or evidence regarding the
petition. Within sixty days after the meeting, the chief shall
issue and furnish to the petitioner and any other participant at
the meeting a written decision regarding the petition, and the
reasons therefor.
(C) Prior to designating any land areas as unsuitable for
coal mining operations or terminating previous determinations of
unsuitability, the chief shall prepare a detailed statement on:
(1) The potential coal resources of the area;
(2) The demand for coal resources;
(3) The impact of the designation on the environment, the
economy, and the supply of coal.
(D) After August 3, 1977, and subject to valid existing
rights, no coal mining operations except those that existed on
August 3, 1977, shall be permitted:
(1) On any lands within the boundaries of units of the
national park system, the national wildlife refuge systems, the
national system of trails, the national wilderness preservation
system, the wild and scenic rivers system, including study rivers
designated under section 5(a) of the "Wild and Scenic Rivers Act,"
82 Stat. 906 (1968), 16 U.S.C.A. 1274, and national recreation
areas designated by act of congress;
(2) On any federal lands within the boundaries of any
national forest unless approval is granted by the secretary of the
United States department of the interior;
(3) That will adversely affect any publicly owned park or any
places included in the national register of historic sites unless
approved jointly by the chief and the federal, state, or local
agency with jurisdiction over the park or the historic site;
(4) Within one hundred feet of the outside right-of-way line
of any public road, measured horizontally, except where mine
access roads or haulage roads join such right-of-way line and
except that the chief may permit the roads to be relocated or the
area affected to lie within one hundred feet of such road if after
public notice and opportunity for public meeting in the locality
of the affected area a written finding is made that the interests
of the public and the landowners affected thereby will be
protected;
(5) Within three hundred feet from any occupied dwelling,
measured horizontally, unless waived by the owner thereof, nor
within three hundred feet, measured horizontally, of any public
building, school, church, community, or institutional building, or
public park, nor within one hundred feet, measured horizontally,
of a cemetery.
Sec. 1513.075. (A) As used in this section:
(1) "Potential acidity" means a laboratory measurement of the
amount of acidity that could be produced by material in a rock
strata proposed to be disturbed by mining and that is expressed by
a numeral indicating the number of tons of that acidity that would
be present in one thousand tons of disturbed overburden.
(2) "Neutralization potential" means a laboratory measurement
of the alkalinity of a rock strata expressed as the amount of
acidity that would be neutralized by material proposed to be
disturbed by mining and that is expressed by a numeral indicating
the number of tons of that alkalinity that would be present in one
thousand tons of disturbed overburden.
(3) "Test borings or core samplings" refer to test borings or
core samplings performed on rock strata in an area proposed to be
covered by a permit for a coal mining operation, the results of
which must be stated in the permit application in accordance with
division (B)(1)(o) of section 1513.07 of the Revised Code.
(B) For purposes of the determination of the chief of the
division of mineral resources management regarding whether to
approve an application for a permit for a coal mining operation
based on criteria established in divisions (E)(2)(a) and (c) of
section 1513.07 of the Revised Code and related performance
standards established in division (A)(10) of section 1513.16 of
the Revised Code, the potential acidity and the neutralization
potential of the rock strata that would be disturbed under the
permit may be calculated in accordance with this section.
(C) The measurement of potential acidity may be based on
laboratory analyses of the sulfur content of the coal and
overburden to be disturbed by mining. If the results of test
borings or core samplings include laboratory analyses of the
pyritic form of sulfur, the applicant may base the calculation of
the potential acidity for the area on the pyritic sulfur content
of the coal and overburden to be disturbed by mining rather than
on the total sulfur content.
(D) The tons of rock in the area represented by each core
hole resulting from test boring or core sampling may be estimated
and used to calculate the tons of potential acidity and tons of
neutralization potential for each rock stratum. The sum of those
values across the proposed permit area may be used to calculate
the site's overall neutralization potential and potential acidity.
(E) The proposed permit area may not be considered to have
the potential to create acid or other toxic mine drainage if
either of the following applies:
(1) The numeral that indicates the site's overall
neutralization potential divided by the numeral that indicates the
site's overall potential acidity results in a quotient that is
equal to or greater than two.
(2) The numeral that indicates the neutralization potential
subtracted from the numeral that indicates the potential acidity
results in a remainder that is equal to or less than either of the
following:
(a) Negative five in the case that the total sulfur content
of rock strata is used to calculate potential acidity;
(b) Negative ten in the case that the pyritic sulfur content
of rock strata is used to calculate potential acidity negative
ten.
Sec. 1513.081. (A) If an operator a permittee becomes
insolvent, or an alternative financial security to provide
long-term water treatment or a long-term alternative water supply,
or both, is not provided in accordance with division (F)(8) of
section 1513.16 of the Revised Code, the division of mineral
resources management shall have a priority lien in front of all
other interested creditors against the assets of that operator
permittee for the amount of any reclamation that is required as a
result of the operator's permittee's mining activities. The chief
of the division of mineral resources management shall file a
statement in the office of the county recorder of each county in
which the mined land lies of the estimated cost to reclaim the
land and, if applicable, the cost to provide long-term water
treatment or a long-term alternative water supply, or both. The
estimated cost to reclaim the land and, if applicable, the cost to
provide long-term water treatment or a long-term alternative water
supply, or both, shall include the direct and indirect costs of
the development, design, construction, management, and
administration of the reclamation and, if applicable, the
long-term water treatment or long-term alternative water supply.
The statement shall constitute a lien on the assets of the
operator permittee as of the date of the filing. The lien shall
continue in force so long as any portion of the lien remains
unpaid or until the chief issues a certificate of release of the
lien. If the chief issues a certificate of release of the lien,
the chief shall file the certificate of release in the office of
each applicable county recorder.
(B) The chief promptly shall issue a certificate of release
of a lien under any of the following circumstances:
(1) Upon the repayment in full of the money that is necessary
to complete the reclamation, develop and implement mine drainage
plans, or provide alternative financial security for water
treatment or to provide and maintain an alternative water supply,
as applicable;
(2) Upon the transfer of an existing permit that includes the
areas of the operation for which reclamation of land and water
resources was not completed to a different operator applicant;
(3) Any other circumstance that the chief determines to be in
the best interests of the state.
(C) The chief may modify the amount of a lien under this
section. If the chief modifies a lien, the chief shall file a
statement in the office of the county recorder of each applicable
county of the new amount of the lien.
(D) The chief may authorize an agent to hold a certificate of
release in escrow for a period not to exceed one hundred eighty
days for the purpose of facilitating the transfer of unreclaimed
mine land.
(E) All money from the collection of liens under this section
shall be deposited in the state treasury to the credit of the
reclamation forfeiture fund created in section 1513.18 of the
Revised Code.
Sec. 1513.16. (A) Any permit issued under this chapter to
conduct coal mining operations shall require that the operations
meet all applicable performance standards of this chapter and such
other requirements as the chief of the division of mineral
resources management shall adopt by rule. General performance
standards shall apply to all coal mining and reclamation
operations and shall require the operator at a minimum to do all
of the following:
(1) Conduct coal mining operations so as to maximize the
utilization and conservation of the solid fuel resource being
recovered so that reaffecting the land in the future through coal
mining can be minimized;
(2) Restore the land affected to a condition capable of
supporting the uses that it was capable of supporting prior to any
mining, or higher or better uses of which there is reasonable
likelihood, so long as the uses do not present any actual or
probable hazard to public health or safety or pose any actual or
probable threat of diminution or pollution of the waters of the
state, and the permit applicants' declared proposed land uses
following reclamation are not considered to be impractical or
unreasonable, to be inconsistent with applicable land use policies
and plans, to involve unreasonable delay in implementation, or to
violate federal, state, or local law;
(3) Except as provided in division (B) of this section, with
respect to all coal mining operations, backfill, compact where
advisable to ensure stability or to prevent leaching of toxic
materials, and grade in order to restore the approximate original
contour of the land with all highwalls, spoil piles, and
depressions eliminated unless small depressions are needed in
order to retain moisture to assist revegetation or as otherwise
authorized pursuant to this chapter, provided that if the operator
demonstrates that due to volumetric expansion the amount of
overburden and the spoil and waste materials removed in the course
of the mining operation are more than sufficient to restore the
approximate original contour, the operator shall backfill, grade,
and compact the excess overburden and other spoil and waste
materials to attain the lowest grade, but not more than the angle
of repose, and to cover all acid-forming and other toxic materials
in order to achieve an ecologically sound land use compatible with
the surrounding region in accordance with the approved mining
plan. The overburden or spoil shall be shaped and graded in such a
way as to prevent slides, erosion, and water pollution and shall
be revegetated in accordance with this chapter.
(4) Stabilize and protect all surface areas, including spoil
piles affected by the coal mining and reclamation operation, to
control erosion and attendant air and water pollution effectively;
(5) Remove the topsoil from the land in a separate layer,
replace it on the backfill area, or, if not utilized immediately,
segregate it in a separate pile from the spoil, and when the
topsoil is not replaced on a backfill area within a time short
enough to avoid deterioration of the topsoil, maintain a
successful cover by quick-growing plants or other means thereafter
so that the topsoil is preserved from wind and water erosion,
remains free of any contamination by acid or other toxic material,
and is in a usable condition for sustaining vegetation when
restored during reclamation. If the topsoil is of insufficient
quantity or of poor quality for sustaining vegetation or if other
strata can be shown to be more suitable for vegetation
requirements, the operator shall remove, segregate, and preserve
in a like manner such other strata as are best able to support
vegetation.
(6) Restore the topsoil or the best available subsoil that is
best able to support vegetation;
(7) For all prime farmlands as identified in division
(B)(1)(p) of section 1513.07 of the Revised Code to be mined and
reclaimed, perform soil removal, storage, replacement, and
reconstruction in accordance with specifications established by
the secretary of the United States department of agriculture under
the "Surface Mining Control and Reclamation Act of 1977," 91 Stat.
445, 30 U.S.C.A. 1201. The operator, at a minimum, shall be
required to do all of the following:
(a) Segregate the A horizon of the natural soil, except where
it can be shown that other available soil materials will create a
final soil having a greater productive capacity, and, if not
utilized immediately, stockpile this material separately from the
spoil and provide needed protection from wind and water erosion or
contamination by acid or other toxic material;
(b) Segregate the B horizon of the natural soil, or
underlying C horizons or other strata, or a combination of such
horizons or other strata that are shown to be both texturally and
chemically suitable for plant growth and that can be shown to be
equally or more favorable for plant growth than the B horizon, in
sufficient quantities to create in the regraded final soil a root
zone of comparable depth and quality to that which existed in the
natural soil, and, if not utilized immediately, stockpile this
material separately from the spoil and provide needed protection
from wind and water erosion or contamination by acid or other
toxic material;
(c) Replace and regrade the root zone material described in
division (A)(7)(b) of this section with proper compaction and
uniform depth over the regraded spoil material;
(d) Redistribute and grade in a uniform manner the surface
soil horizon described in division (A)(7)(a) of this section.
(8) Create, if authorized in the approved mining and
reclamation plan and permit, permanent impoundments of water on
mining sites as part of reclamation activities only when it is
adequately demonstrated by the operator that all of the following
conditions will be met:
(a) The size of the impoundment is adequate for its intended
purposes.
(b) The impoundment dam construction will be so designed as
to achieve necessary stability with an adequate margin of safety
compatible with that of structures constructed under the
"Watershed Protection and Flood Prevention Act," 68 Stat. 666
(1954), 16 U.S.C. 1001, as amended.
(c) The quality of impounded water will be suitable on a
permanent basis for its intended use and discharges from the
impoundment will not degrade the water quality below water quality
standards established pursuant to applicable federal and state law
in the receiving stream.
(d) The level of water will be reasonably stable.
(e) Final grading will provide adequate safety and access for
proposed water users.
(f) The water impoundments will not result in the diminution
of the quality or quantity of water utilized by adjacent or
surrounding landowners for agricultural, industrial, recreational,
or domestic uses.
(9) Conduct any augering operation associated with strip
mining in a manner to maximize recoverability of mineral reserves
remaining after the operation and reclamation are complete and
seal all auger holes with an impervious and noncombustible
material in order to prevent drainage, except where the chief
determines that the resulting impoundment of water in such auger
holes may create a hazard to the environment or the public health
or safety. The chief may prohibit augering if necessary to
maximize the utilization, recoverability, or conservation of the
solid fuel resources or to protect against adverse water quality
impacts.
(10) Minimize the disturbances to the prevailing hydrologic
balance at the mine site and in associated offsite areas and to
the quality and quantity of water in surface and ground water
systems both during and after coal mining operations and during
reclamation by doing all of the following:
(a) Avoiding acid or other toxic mine drainage by such
measures as, but not limited to:
(i) Preventing or removing water from contact with toxic
producing deposits;
(ii) Treating drainage to reduce toxic content that adversely
affects downstream water upon being released to water courses in
accordance with rules adopted by the chief in accordance with
section 1513.02 of the Revised Code;
(iii) Casing, sealing, or otherwise managing boreholes,
shafts, and wells, and keeping acid or other toxic drainage from
entering ground and surface waters.
(b)(i) Conducting coal mining operations so as to prevent, to
the extent possible using the best technology currently available,
additional contributions of suspended solids to streamflow or
runoff outside the permit area, but in no event shall
contributions be in excess of requirements set by applicable state
or federal laws;
(ii) Constructing any siltation structures pursuant to
division (A)(10)(b)(i) of this section prior to commencement of
coal mining operations. The structures shall be certified by
persons approved by the chief to be constructed as designed and as
approved in the reclamation plan.
(c) Cleaning out and removing temporary or large settling
ponds or other siltation structures from drainways after disturbed
areas are revegetated and stabilized, and depositing the silt and
debris at a site and in a manner approved by the chief;
(d) Restoring recharge capacity of the mined area to
approximate premining conditions;
(e) Avoiding channel deepening or enlargement in operations
requiring the discharge of water from mines;
(f) Such other actions as the chief may prescribe.
(11) With respect to surface disposal of mine wastes,
tailings, coal processing wastes, and other wastes in areas other
than the mine working areas or excavations, stabilize all waste
piles in designated areas through construction in compacted
layers, including the use of noncombustible and impervious
materials if necessary, and ensure that the final contour of the
waste pile will be compatible with natural surroundings and that
the site can and will be stabilized and revegetated according to
this chapter;
(12) Refrain from coal mining within five hundred feet of
active and abandoned underground mines in order to prevent
breakthroughs and to protect the health or safety of miners. The
chief shall permit an operator to mine near, through, or partially
through an abandoned underground mine or closer than five hundred
feet to an active underground mine if both of the following
conditions are met:
(a) The nature, timing, and sequencing of the approximate
coincidence of specific strip mine activities with specific
underground mine activities are approved by the chief.
(b) The operations will result in improved resource recovery,
abatement of water pollution, or elimination of hazards to the
health and safety of the public.
(13) Design, locate, construct, operate, maintain, enlarge,
modify, and remove or abandon, in accordance with the standards
and criteria developed pursuant to rules adopted by the chief, all
existing and new coal mine waste piles consisting of mine wastes,
tailings, coal processing wastes, or other liquid and solid
wastes, and used either temporarily or permanently as dams or
embankments;
(14) Ensure that all debris, acid-forming materials, toxic
materials, or materials constituting a fire hazard are treated or
buried and compacted or otherwise disposed of in a manner designed
to prevent contamination of ground or surface waters and that
contingency plans are developed to prevent sustained combustion;
(15) Ensure that all reclamation efforts proceed in an
environmentally sound manner and as contemporaneously as
practicable with the coal mining operations, except that where the
applicant proposes to combine strip mining operations with
underground mining operations to ensure maximum practical recovery
of the mineral resources, the chief may grant a variance for
specific areas within the reclamation plan from the requirement
that reclamation efforts proceed as contemporaneously as
practicable to permit underground mining operations prior to
reclamation if:
(a) The chief finds in writing that:
(i) The applicant has presented, as part of the permit
application, specific, feasible plans for the proposed underground
mining operations.
(ii) The proposed underground mining operations are necessary
or desirable to ensure maximum practical recovery of the mineral
resource and will avoid multiple disturbance of the surface.
(iii) The applicant has satisfactorily demonstrated that the
plan for the underground mining operations conforms to
requirements for underground mining in this state and that permits
necessary for the underground mining operations have been issued
by the appropriate authority.
(iv) The areas proposed for the variance have been shown by
the applicant to be necessary for the implementing of the proposed
underground mining operations.
(v) No substantial adverse environmental damage, either
on-site or off-site, will result from the delay in completion of
reclamation as required by this chapter.
(vi) Provisions for the off-site storage of spoil will comply
with division (A)(21) of this section.
(b) The chief has adopted specific rules to govern the
granting of such variances in accordance with this division and
has imposed such additional requirements as the chief considers
necessary.
(c) Variances granted under this division shall be reviewed
by the chief not more than three years from the date of issuance
of the permit.
(d) Liability under the performance security filed by the
applicant with the chief pursuant to section 1513.08 of the
Revised Code shall be for the duration of the underground mining
operations and until the requirements of this section and section
1513.08 of the Revised Code have been fully complied with.
(16) Ensure that the construction, maintenance, and
postmining conditions of access roads into and across the site of
operations will control or prevent erosion and siltation,
pollution of water, and damage to fish or wildlife or their
habitat, or to public or private property;
(17) Refrain from the construction of roads or other access
ways up a stream bed or drainage channel or in such proximity to
the channel as to seriously alter the normal flow of water;
(18) Establish, on the regraded areas and all other lands
affected, a diverse, effective, and permanent vegetative cover of
the same seasonal variety native to the area of land to be
affected and capable of self-regeneration and plant succession at
least equal in extent of cover to the natural vegetation of the
area, except that introduced species may be used in the
revegetation process where desirable and necessary to achieve the
approved postmining land use plan;
(19)(a) Assume the responsibility for successful
revegetation, as required by division (A)(18) of this section, for
a period of five full years after the last year of augmented
seeding, fertilizing, irrigation, or other work in order to ensure
compliance with that division, except that when the chief approves
a long-term intensive agricultural postmining land use, the
applicable five-year period of responsibility for revegetation
shall commence at the date of initial planting for that long-term
intensive agricultural postmining land use, and except that when
the chief issues a written finding approving a long-term intensive
agricultural postmining land use as part of the mining and
reclamation plan, the chief may grant an exception to division
(A)(18) of this section;
(b) On lands eligible for remining, assume the responsibility
for successful revegetation, as required by division (A)(18) of
this section, for a period of two full years after the last year
of augmented seeding, fertilizing, irrigation, or other work in
order to ensure compliance with that division.
(20) Protect off-site areas from slides or damage occurring
during the coal mining and reclamation operations and not deposit
spoil material or locate any part of the operations or waste
accumulations outside the permit area;
(21) Place all excess spoil material resulting from coal
mining and reclamation operations in such a manner that all of the
following apply:
(a) Spoil is transported and placed in a controlled manner in
position for concurrent compaction and in such a way as to ensure
mass stability and to prevent mass movement.
(b) The areas of disposal are within the permit areas for
which performance security has been provided. All organic matter
shall be removed immediately prior to spoil placement except in
the zoned concept method.
(c) Appropriate surface and internal drainage systems and
diversion ditches are used so as to prevent spoil erosion and mass
movement.
(d) The disposal area does not contain springs, natural
watercourses, or wet weather seeps unless lateral drains are
constructed from the wet areas to the main underdrains in such a
manner that filtration of the water into the spoil pile will be
prevented unless the zoned concept method is used.
(e) If placed on a slope, the spoil is placed upon the most
moderate slope among those slopes upon which, in the judgment of
the chief, the spoil could be placed in compliance with all the
requirements of this chapter and is placed, where possible, upon,
or above, a natural terrace, bench, or berm if that placement
provides additional stability and prevents mass movement.
(f) Where the toe of the spoil rests on a downslope, a rock
toe buttress of sufficient size to prevent mass movement is
constructed.
(g) The final configuration is compatible with the natural
drainage pattern and surroundings and suitable for intended uses.
(h) Design of the spoil disposal area is certified by a
qualified registered professional engineer in conformance with
professional standards.
(i) All other provisions of this chapter are met.
(22) Meet such other criteria as are necessary to achieve
reclamation in accordance with the purpose of this chapter, taking
into consideration the physical, climatological, and other
characteristics of the site;
(23) To the extent possible, using the best technology
currently available, minimize disturbances and adverse impacts of
the operation on fish, wildlife, and related environmental values,
and achieve enhancement of such resources where practicable;
(24) Provide for an undisturbed natural barrier beginning at
the elevation of the lowest coal seam to be mined and extending
from the outslope for such distance as the chief shall determine
to be retained in place as a barrier to slides and erosion.
(B)(1) The chief may permit mining operations for the
purposes set forth in division (B)(3) of this section.
(2) When an applicant meets the requirements of divisions
(B)(3) and (4) of this section, a permit without regard to the
requirement to restore to approximate original contour known as
mountain top removal set forth in divisions (A)(3) or (C)(2) and
(3) of this section may be granted for the mining of coal where
the mining operation will remove an entire coal seam or seams
running through the upper fraction of a mountain, ridge, or hill,
except as provided in division (B)(4)(a) of this section, by
removing all of the overburden and creating a level plateau or a
gently rolling contour with no highwalls remaining, and capable of
supporting postmining uses in accordance with this division.
(3) In cases where an industrial, commercial, agricultural,
residential, or public facility use, including recreational
facilities, is proposed for the postmining use of the affected
land, the chief may grant a permit for a mining operation of the
nature described in division (B)(2) of this section when all of
the following apply:
(a) After consultation with the appropriate land use planning
agencies, if any, the proposed postmining land use is considered
to constitute an equal or better economic or public use of the
affected land, as compared with premining use.
(b) The applicant presents specific plans for the proposed
postmining land use and appropriate assurances that the use will
be all of the following:
(i) Compatible with adjacent land uses;
(ii) Obtainable according to data regarding expected need and
market;
(iii) Assured of investment in necessary public facilities;
(iv) Supported by commitments from public agencies where
appropriate;
(v) Practicable with respect to private financial capability
for completion of the proposed use;
(vi) Planned pursuant to a schedule attached to the
reclamation plan so as to integrate the mining operation and
reclamation with the postmining land use;
(vii) Designed by a registered engineer in conformity with
professional standards established to ensure the stability,
drainage, and configuration necessary for the intended use of the
site.
(c) The proposed use is consistent with adjacent land uses
and existing state and local land use plans and programs.
(d) The chief provides the governing body of the unit of
general-purpose local government in which the land is located, and
any state or federal agency that the chief, in the chief's
discretion, determines to have an interest in the proposed use, an
opportunity of not more than sixty days to review and comment on
the proposed use.
(e) All other requirements of this chapter will be met.
(4) In granting a permit pursuant to this division, the chief
shall require that each of the following is met:
(a) The toe of the lowest coal seam and the overburden
associated with it are retained in place as a barrier to slides
and erosion.
(b) The reclaimed area is stable.
(c) The resulting plateau or rolling contour drains inward
from the outslopes except at specified points.
(d) No damage will be done to natural watercourses.
(e) Spoil will be placed on the mountaintop bench as is
necessary to achieve the planned postmining land use, except that
all excess spoil material not retained on the mountaintop bench
shall be placed in accordance with division (A)(21) of this
section.
(f) Stability of the spoil retained on the mountaintop bench
is ensured and the other requirements of this chapter are met.
(5) The chief shall adopt specific rules to govern the
granting of permits in accordance with divisions (B)(1) to (4) of
this section and may impose such additional requirements as the
chief considers necessary.
(6) All permits granted under divisions (B)(1) to (4) of this
section shall be reviewed not more than three years from the date
of issuance of the permit unless the applicant affirmatively
demonstrates that the proposed development is proceeding in
accordance with the terms of the approved schedule and reclamation
plan.
(C) All of the following performance standards apply to
steep-slope coal mining and are in addition to those general
performance standards required by this section, except that this
division does not apply to those situations in which an operator
is mining on flat or gently rolling terrain on which an occasional
steep slope is encountered through which the mining operation is
to proceed, leaving a plain or predominantly flat area, or where
an operator is in compliance with division (B) of this section:
(1) The operator shall ensure that when performing coal
mining on steep slopes, no debris, abandoned or disabled
equipment, spoil material, or waste mineral matter is placed on
the downslope below the bench or mining cut. Spoil material in
excess of that required for the reconstruction of the approximate
original contour under division (A)(3) or (C)(2) of this section
shall be permanently stored pursuant to division (A)(21) of this
section.
(2) The operator shall complete backfilling with spoil
material to cover completely the highwall and return the site to
the approximate original contour, which material will maintain
stability following mining and reclamation.
(3) The operator shall not disturb land above the top of the
highwall unless the chief finds that the disturbance will
facilitate compliance with the environmental protection standards
of this section, except that any such disturbance involving land
above the highwall shall be limited to that amount of land
necessary to facilitate compliance.
(D)(1) The chief may permit variances for the purposes set
forth in division (D)(3) of this section, provided that the
watershed control of the area is improved and that complete
backfilling with spoil material shall be required to cover
completely the highwall, which material will maintain stability
following mining and reclamation.
(2) Where an applicant meets the requirements of divisions
(D)(3) and (4) of this section, a variance from the requirement to
restore to approximate original contour set forth in division
(C)(2) of this section may be granted for the mining of coal when
the owner of the surface knowingly requests in writing, as a part
of the permit application, that such a variance be granted so as
to render the land, after reclamation, suitable for an industrial,
commercial, residential, or public use, including recreational
facilities, in accordance with divisions (D)(3) and (4) of this
section.
(3) A variance pursuant to division (D)(2) of this section
may be granted if:
(a) After consultation with the appropriate land use planning
agencies, if any, the potential use of the affected land is
considered to constitute an equal or better economic or public
use.
(b) The postmining land condition is designed and certified
by a registered professional engineer in conformity with
professional standards established to ensure the stability,
drainage, and configuration necessary for the intended use of the
site.
(c) After approval of the appropriate state environmental
agencies, the watershed of the affected land is considered to be
improved.
(4) In granting a variance pursuant to division (D) of this
section, the chief shall require that only such amount of spoil
will be placed off the mine bench as is necessary to achieve the
planned postmining land use, ensure stability of the spoil
retained on the bench, and meet all other requirements of this
chapter. All spoil placement off the mine bench shall comply with
division (A)(21) of this section.
(5) The chief shall adopt specific rules to govern the
granting of variances under division (D) of this section and may
impose such additional requirements as the chief considers
necessary.
(6) All variances granted under division (D) of this section
shall be reviewed not more than three years from the date of
issuance of the permit unless the permittee affirmatively
demonstrates that the proposed development is proceeding in
accordance with the terms of the reclamation plan.
(E) The chief shall establish standards and criteria
regulating the design, location, construction, operation,
maintenance, enlargement, modification, removal, and abandonment
of new and existing coal mine waste piles referred to in division
(A)(13) of this section and division (A)(5) of section 1513.35 of
the Revised Code. The standards and criteria shall conform to the
standards and criteria used by the chief of the United States army
corps of engineers to ensure that flood control structures are
safe and effectively perform their intended function. In addition
to engineering and other technical specifications, the standards
and criteria developed pursuant to this division shall include
provisions for review and approval of plans and specifications
prior to construction, enlargement, modification, removal, or
abandonment; performance of periodic inspections during
construction; issuance of certificates of approval upon completion
of construction; performance of periodic safety inspections; and
issuance of notices for required remedial or maintenance work.
(F)(1) The permittee may file a request with the chief for
release of a part of a performance security under division (F)(3)
of this section. Within thirty days after any request for
performance security release under this section has been filed
with the chief, the operator shall submit a copy of an
advertisement placed at least once a week for four successive
weeks in a newspaper of general circulation in the locality of the
coal mining operation. The advertisement shall be considered part
of any performance security release application and shall contain
a notification of the precise location of the land affected, the
number of acres, the permit number and the date approved, the
amount of the performance security filed and the portion sought to
be released, the type and appropriate dates of reclamation work
performed, and a description of the results achieved as they
relate to the operator's approved reclamation plan and, if
applicable, the operator's pollution abatement plan. In addition,
as part of any performance security release application, the
applicant shall submit copies of the letters sent to adjoining
property owners, local governmental bodies, planning agencies, and
sewage and water treatment authorities or water companies in the
locality in which the coal mining and reclamation activities took
place, notifying them of the applicant's intention to seek release
from the performance security.
(2) Upon receipt of a copy of the advertisement and request
for release of a performance security under division (F)(3)(c) of
this section, the chief, within thirty days, shall conduct an
inspection and evaluation of the reclamation work involved. The
evaluation shall consider, among other things, the degree of
difficulty to complete any remaining reclamation, whether
pollution of surface and subsurface water is occurring, the
probability of continuation or future occurrence of the pollution,
and the estimated cost of abating the pollution. The chief shall
notify the permittee in writing of the decision to release or not
to release all or part of the performance security within sixty
days after the filing of the request if no public hearing is held
pursuant to division (F)(6) of this section or, if there has been
a public hearing held pursuant to division (F)(6) of this section,
within thirty days thereafter.
(3) The chief may release the performance security if the
reclamation covered by the performance security or portion thereof
has been accomplished as required by this chapter and rules
adopted under it according to the following schedule:
(a) When the operator completes the backfilling, regrading,
and drainage control of an area for which performance security has
been provided in accordance with the approved reclamation plan,
and, if the area covered by the performance security is one for
which an authorization was made under division (E)(7) of section
1513.07 of the Revised Code, the operator has complied with the
approved pollution abatement plan and all additional requirements
established by the chief in rules adopted under section 1513.02 of
the Revised Code governing coal mining and reclamation operations
on pollution abatement areas, the chief shall grant a release of
fifty per cent of the performance security for the applicable
permit area.
(b) After resoiling and revegetation have been established on
the regraded mined lands in accordance with the approved
reclamation plan, the chief shall grant a release in an amount not
exceeding thirty-five per cent of the original performance
security for all or part of the affected area under the permit.
When determining the amount of performance security to be released
after successful revegetation has been established, the chief
shall retain that amount of performance security for the
revegetated area that would be sufficient for a third party to
cover the cost of reestablishing revegetation for the period
specified for operator responsibility in this section for
reestablishing revegetation. No part of the performance security
shall be released under this division so long as the lands to
which the release would be applicable are contributing suspended
solids to streamflow or runoff outside the permit area in excess
of the requirements of this section or until soil productivity for
prime farmlands has returned to equivalent levels of yield as
nonmined land of the same soil type in the surrounding area under
equivalent management practices as determined from the soil survey
performed pursuant to section 1513.07 of the Revised Code. If the
area covered by the performance security is one for which an
authorization was made under division (E)(7) of section 1513.07 of
the Revised Code, no part of the performance security shall be
released under this division until the operator has complied with
the approved pollution abatement plan and all additional
requirements established by the chief in rules adopted under
section 1513.02 of the Revised Code governing coal mining and
reclamation operations on pollution abatement areas. Where a silt
dam is to be retained as a permanent impoundment pursuant to
division (A)(10) of this section, the portion of performance
security may be released under this division so long as provisions
for sound future maintenance by the operator or the landowner have
been made with the chief.
(c) When the operator has completed successfully all coal
mining and reclamation activities, including, if applicable, all
additional requirements established in the pollution abatement
plan approved under division (E)(7) of section 1513.07 of the
Revised Code and all additional requirements established by the
chief in rules adopted under section 1513.02 of the Revised Code
governing coal mining and reclamation operations on pollution
abatement areas, the chief shall release all or any of the
remaining portion of the performance security for all or part of
the affected area under a permit, but not before the expiration of
the period specified for operator responsibility in this section,
except that the chief may adopt rules for a variance to the
operator period of responsibility considering vegetation success
and probability of continued growth and consent of the landowner,
provided that no performance security shall be fully released
until all reclamation requirements of this chapter are fully met.
(4) If the chief disapproves the application for release of
the performance security or portion thereof, the chief shall
notify the permittee, in writing, stating the reasons for
disapproval and recommending corrective actions necessary to
secure the release, and allowing the opportunity for a public
adjudicatory hearing.
(5) When any application for total or partial performance
security release is filed with the chief under this section, the
chief shall notify the municipal corporation in which the coal
mining operation is located by certified mail at least thirty days
prior to the release of all or a portion of the performance
security.
(6) A person with a valid legal interest that might be
adversely affected by release of a performance security under this
section or the responsible officer or head of any federal, state,
or local government agency that has jurisdiction by law or special
expertise with respect to any environmental, social, or economic
impact involved in the operation or is authorized to develop and
enforce environmental standards with respect to such operations
may file written objections to the proposed release from the
performance security with the chief within thirty days after the
last publication of the notice required by division (F)(1) of this
section. If written objections are filed and an informal
conference is requested, the chief shall inform all interested
parties of the time and place of the conference. The date, time,
and location of the informal conference shall be advertised by the
chief in a newspaper of general circulation in the locality of the
coal mining operation proposed for performance security release
for at least once a week for two consecutive weeks. The informal
conference shall be held in the locality of the coal mining
operation proposed for performance security release or in Franklin
county, at the option of the objector, within thirty days after
the request for the conference. An electronic or stenographic
record shall be made of the conference proceeding unless waived by
all parties. The record shall be maintained and shall be
accessible to the parties until final release of the performance
security at issue. In the event all parties requesting the
informal conference stipulate agreement prior to the requested
informal conference and withdraw their request, the informal
conference need not be held.
(7) If an informal conference has been held pursuant to
division (F)(6) of this section, the chief shall issue and furnish
the applicant and persons who participated in the conference with
the written decision regarding the release within sixty days after
the conference. Within thirty days after notification of the final
decision of the chief regarding the performance security release,
the applicant or any person with an interest that is or may be
adversely affected by the decision may appeal the decision to the
reclamation commission pursuant to section 1513.13 of the Revised
Code.
(8)(a) Except as provided in division (F)(8)(c) of this
section, if If the chief determines that a permittee is
responsible for mine drainage that requires water treatment after
reclamation is completed under the terms of the permit or that a
permittee must provide an alternative water supply after
reclamation is completed under the terms of the permit, the
permittee shall provide alternative financial security in an
amount determined by the chief prior to the release of the
remaining portion of performance security under division (F)(3)(c)
of this section. The alternative financial security shall be in an
amount that is equal to or greater than the present value of the
estimated cost over time to develop and implement mine drainage
plans and provide water treatment or in an amount that is
necessary to provide and maintain an alternative water supply, as
applicable. The alternative financial security shall include a
contract, trust, or other agreement or mechanism that is
enforceable under law to provide long-term water treatment or a
long-term alternative water supply, or both. The contract, trust,
or other agreement or mechanism included with the alternative
financial security may provide for the funding of the alternative
financial security incrementally over a period of time, not to
exceed five years, with reliance on guarantees or other collateral
provided by the permittee and approved by the chief for the
balance of the alternative financial security required until the
alternative financial security has been fully funded by the
permittee.
(b) The chief shall adopt rules in accordance with Chapter
119. of the Revised Code that are necessary for the administration
of division (F)(8)(a) of this section.
(c) Division (F)(8)(a) of this section does not apply while
the chief's determination of a permittee's responsibility under
that division is the subject of a good faith administrative or
judicial appeal contesting the validity of the determination. If
after completion of the appeal there is an enforceable
administrative or judicial decision affirming or modifying the
chief's determination, the permittee shall provide the alternative
financial security in an amount established in the administrative
or judicial decision If the chief determines that a permittee must
provide alternative financial security under division (F)(8)(a) of
this section and the performance security for the permit was
provided under division (C)(2) of section 1513.08 of the Revised
Code, the permittee may fund the alternative financial security
incrementally over a period of time, not to exceed five years,
with reliance on the reclamation forfeiture fund created in
section 1513.18 of the Revised Code for the balance of the
alternative financial security required until the alternative
financial security has been fully funded by the permittee. The
permittee semiannually shall pay to the division of mineral
resources management a fee that is equal to seven and one-half per
cent of the average balance of the alternative financial security
that is being provided by reliance on the reclamation forfeiture
fund over the previous six months. All money received from the fee
shall be credited to the reclamation forfeiture fund.
(9) Final release of the performance security in accordance
with division (F)(3)(c) of this section terminates the
jurisdiction of the chief under this chapter over the reclaimed
site of a surface coal mining and reclamation operation or
applicable portion of an operation. However, the chief shall
reassert jurisdiction over such a site if the release was based on
fraud, collusion, or misrepresentation of a material fact and the
chief, in writing, demonstrates evidence of the fraud, collusion,
or misrepresentation. Any person with an interest that is or may
be adversely affected by the chief's determination may appeal the
determination to the reclamation commission in accordance with
section 1513.13 of the Revised Code.
(G) The chief shall adopt rules governing the criteria for
forfeiture of performance security, the method of determining the
forfeited amount, and the procedures to be followed in the event
of forfeiture. Cash received as the result of such forfeiture is
the property of the state.
Sec. 1513.18. (A) All money that becomes the property of the
state under division (G) of section 1513.16 of the Revised Code
shall be deposited in the reclamation forfeiture fund, which is
hereby created in the state treasury. Disbursements from the fund
shall be made by the chief of the division of mineral resources
management for the purpose of reclaiming areas of land affected by
coal mining under a coal mining and reclamation permit issued on
or after September 1, 1981, on which an operator has defaulted.
(B) The fund also shall consist of all money from the
collection of liens under section 1513.081 of the Revised Code,
any moneys transferred to it under section 1513.181 of the Revised
Code from the coal mining and reclamation reserve fund created in
that section, all money credited to the fund from the fee levied
by division (F)(8)(c) of section 1513.16 of the Revised Code,
fines collected under division (E) of section 1513.02 and section
1513.99 of the Revised Code, fines collected for a violation of
section 2921.31 of the Revised Code that, prior to July 1, 1996,
would have been a violation of division (G) of section 1513.17 of
the Revised Code as it existed prior to that date, and moneys
collected and credited to it pursuant to section 5749.02 of the
Revised Code. Disbursements from the fund shall be made by the
chief in accordance with division (D) of this section for the
purpose of reclaiming areas that an operator has affected by
mining and failed to reclaim under a coal mining and reclamation
permit issued under this chapter.
The chief may expend moneys from the fund to pay necessary
administrative costs, including engineering and design services,
incurred by the division of mineral resources management in
reclaiming these areas. The chief also may expend moneys from the
fund to pay necessary administrative costs of the reclamation
forfeiture fund advisory board created in section 1513.182 of the
Revised Code as authorized by the board under that section.
Expenditures from the fund to pay such administrative costs need
not be made under contract.
(C) Except when paying necessary administrative costs
authorized by division (B) of this section, expenditures from the
fund shall be made under contracts entered into by the chief, with
the approval of the director of natural resources, in accordance
with procedures established by the chief, by rules adopted in
accordance with section 1513.02 of the Revised Code. The chief may
reclaim the land in the same manner as set forth in sections
1513.21 to 1513.24 of the Revised Code. Each contract awarded by
the chief shall be awarded to the lowest responsive and
responsible bidder, in accordance with section 9.312 of the
Revised Code, after sealed bids are received, opened, and
published at the time and place fixed by the chief. The chief
shall publish notice of the time and place at which bids will be
received, opened, and published, at least once and at least ten
days before the date of the opening of the bids, in a newspaper of
general circulation in the county in which the area of land to be
reclaimed under the contract is located. If, after advertising, no
bids are received at the time and place fixed for receiving them,
the chief may advertise again for bids, or, if the chief considers
the public interest will best be served, the chief may enter into
a contract for the reclamation of the area of land without further
advertisement for bids. The chief may reject any or all bids
received and again publish notice of the time and place at which
bids for contracts will be received, opened, and published. The
chief, with the approval of the director, may enter into a
contract with the landowner, a coal mine operator or surface mine
operator mining under a current, valid permit issued under this
chapter or Chapter 1514. of the Revised Code, or a contractor
hired by the surety or trustee, if the performance security is
held in trust, to complete reclamation to carry out reclamation on
land affected by coal mining on which an operator has defaulted,
or with a contractor hired by the trust administrator of an
alternative financial security that is provided in accordance with
division (F)(8) of section 1513.16 of the Revised Code to provide
long-term water treatment or a long-term alternative water supply
on areas affected by coal mining on which a permittee has
defaulted or not fully funded an alternative financial security,
without advertising for bids.
(D)(1) The chief shall expend money credited to the
reclamation forfeiture fund from the forfeiture of the performance
security applicable to an area of land to pay for the cost of the
completing reclamation of the land to the standards established by
this chapter and rules adopted under it.
(2) If the performance security for the area of land was
provided under division (C)(1) of section 1513.08 of the Revised
Code, the chief shall use the money from the forfeited performance
security and any alternative financial security provided under
division (F)(8) of section 1513.16 of the Revised Code to complete
the reclamation that the operator failed to do under the
operator's applicable coal mining and reclamation permit issued
under this chapter.
(3) If the performance security for the area of land was
provided under division (C)(2) of section 1513.08 of the Revised
Code, the chief shall use the money from the forfeited performance
security and any alternative financial security provided under
division (F)(8) of section 1513.16 of the Revised Code to complete
the reclamation that the operator failed to do under the
operator's applicable coal mining and reclamation permit issued
under this chapter. If the money credited to the reclamation
forfeiture fund from the forfeiture of the performance security
provided under division (C)(2) of section 1513.08 of the Revised
Code and any alternative financial security provided under
division (F)(8) of section 1513.16 of the Revised Code is not
sufficient to complete the reclamation to the standards
established by this chapter and rules adopted under it, the chief
shall notify the reclamation forfeiture fund advisory board of the
amount of the insufficiency. The chief may expend money credited
to the reclamation forfeiture fund under section 5749.02 of the
Revised Code, credited to the reclamation forfeiture fund from the
fee levied by division (F)(8)(c) of section 1513.16 of the Revised
Code, or transferred to the fund under section 1513.181 of the
Revised Code to complete the reclamation to the standards
established by this chapter and rules adopted under it. The Except
as provided in division (D)(5) of this section, the chief shall
not expend money from the fund in an amount that exceeds the
difference between the amount of the performance security provided
under division (C)(2) of section 1513.08 of the Revised Code and
the estimated cost of reclamation as determined by the chief under
divisions (B) and (E) of that section.
(4) Money Except as provided in division (D)(5) of this
section, money from the reclamation forfeiture fund shall not be
used for reclamation of land or water resources affected by mine
drainage that requires extended water treatment after reclamation
is completed under the terms of the permit. In addition, money
from the reclamation forfeiture fund shall not be used to
supplement the performance security of an applicant or permittee
that has provided performance security in accordance with division
(C)(1) of section 1513.08 of the Revised Code.
(5) If a permittee relies in part on the reclamation
forfeiture fund for alternative financial security under division
(F)(8)(c) of section 1513.16 of the Revised Code, money from the
reclamation forfeiture fund may be used for reclamation of the
land or water resources affected by mine drainage that requires
water treatment after reclamation is completed under the terms of
the permit or an alternative water supply after reclamation is
completed under the terms of the permit in an amount not to exceed
the balance of the alternative financial security provided by the
reclamation forfeiture fund under that division.
(E) The chief shall keep a detailed accounting of the
expenditures from the reclamation forfeiture fund to complete
reclamation of the land or water resources, as applicable, and,
upon completion of the reclamation, shall certify the expenditures
to the attorney general. Upon the chief's certification of the
expenditures from the reclamation forfeiture fund, the attorney
general shall bring an action for that amount of money. The
operator is liable for that expense in addition to any other
liabilities imposed by law. Moneys so recovered shall be credited
to the reclamation forfeiture fund. The chief shall not postpone
the reclamation because of any action brought by the attorney
general under this division. Prior to completing reclamation, the
chief may collect through the attorney general any additional
amount that the chief believes will be necessary for reclamation
in excess of the forfeited performance security and any
alternative financial security amount applicable to the land or
water resources that the operator should have, but failed to,
reclaim.
(F) Except as otherwise provided in division (H) of this
section, if any part of the moneys in the reclamation forfeiture
fund remains in the fund after the chief has caused the area of
land to be reclaimed and has paid all the reclamation costs and
expenses, the chief may expend those moneys to complete other
reclamation work performed under this section on forfeiture areas
affected under a coal mining and reclamation permit issued on or
after September 1, 1981.
(G) The chief shall require every contractor performing
reclamation work pursuant to this section to pay workers at the
greater of their regular rate of pay, as established by contract,
agreement, or prior custom or practice, or the average wage rate
paid in this state for the same or similar work as determined by
the chief under section 1513.02 of the Revised Code.
(H) All investment earnings of the fund shall be credited to
the fund and shall be used only for the reclamation of land for
which performance security was provided under division (C)(2) of
section 1513.08 of the Revised Code.
Sec. 1513.371. There is hereby created in the state treasury
the mined land set aside fund consisting of grants made by the
United States secretary of the interior from the federal abandoned
mine reclamation fund pursuant to section 402 of the "Surface
Mining Control and Reclamation Act of 1977," 91 Stat. 445, 30
U.S.C. 1232. The chief of the division of mineral resources
management shall administer the fund. Money in the fund shall be
used solely for the purposes specified in divisions (B)(1) to
(4)(3), (5), and (6) of section 1513.37 of the Revised Code. All
investment earnings of the fund shall be credited to the fund.
Section 2. That existing sections 1513.07, 1513.073,
1513.075, 1513.081, 1513.16, 1513.18, and 1513.371 of the Revised
Code are hereby repealed.
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