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S. B. No. 137 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Seitz, Wilson
A BILL
To amend sections 1513.07 and 1513.073 of the Revised
Code to revise the coal mining laws regarding
permit application and set-back requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1513.07 and 1513.073 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.
Section 2. That existing sections 1513.07 and 1513.073 of
the Revised Code are hereby repealed.
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