Bill Text: OH HB163 | 2011-2012 | 129th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To revise the coal mining laws regarding permit application, set-back, and alternative water treatment or supply requirements.
Spectrum: Moderate Partisan Bill (Republican 35-7)
Status: (Passed) 2011-09-30 - Effective Date [HB163 Detail]
Download: Ohio-2011-HB163-Introduced.html
As Introduced
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To revise the coal mining laws regarding permit application, set-back, and alternative water treatment or supply requirements.
Spectrum: Moderate Partisan Bill (Republican 35-7)
Status: (Passed) 2011-09-30 - Effective Date [HB163 Detail]
Download: Ohio-2011-HB163-Introduced.html
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Representative Balderson
Cosponsors:
Representatives Carey, Derickson, Boose, Adams, J., Blessing, Combs, Hackett, Stebelton
To amend sections 1513.07 and 1513.073 of the Revised | 1 |
Code to revise the coal mining laws regarding | 2 |
permit application and set-back requirements. | 3 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1513.07 and 1513.073 of the Revised | 4 |
Code be amended to read as follows: | 5 |
Sec. 1513.07. (A)(1) No operator shall conduct a coal mining | 6 |
operation without a permit for the operation issued by the chief | 7 |
of the division of mineral resources management. | 8 |
(2) All permits issued pursuant to this chapter shall be | 9 |
issued for a term not to exceed five years, except that, if the | 10 |
applicant demonstrates that a specified longer term is reasonably | 11 |
needed to allow the applicant to obtain necessary financing for | 12 |
equipment and the opening of the operation and if the application | 13 |
is full and complete for the specified longer term, the chief may | 14 |
grant a permit for the longer term. A successor in interest to a | 15 |
permittee who applies for a new permit within thirty days after | 16 |
succeeding to the interest and who is able to obtain the | 17 |
performance security of the original permittee may continue coal | 18 |
mining and reclamation operations according to the approved mining | 19 |
and reclamation plan of the original permittee until the | 20 |
successor's application is granted or denied. | 21 |
(3) A permit shall terminate if the permittee has not | 22 |
commenced the coal mining operations covered by the permit within | 23 |
three years after the issuance of the permit, except that the | 24 |
chief may grant reasonable extensions of the time upon a showing | 25 |
that the extensions are necessary by reason of litigation | 26 |
precluding the commencement or threatening substantial economic | 27 |
loss to the permittee or by reason of conditions beyond the | 28 |
control and without the fault or negligence of the permittee, and | 29 |
except that with respect to coal to be mined for use in a | 30 |
synthetic fuel facility or specified major electric generating | 31 |
facility, the permittee shall be deemed to have commenced coal | 32 |
mining operations at the time construction of the synthetic fuel | 33 |
or generating facility is initiated. | 34 |
(4)(a) Any permit issued pursuant to this chapter shall carry | 35 |
with it the right of successive renewal upon expiration with | 36 |
respect to areas within the boundaries of the permit. The holders | 37 |
of the permit may apply for renewal and the renewal shall be | 38 |
issued unless the chief determines by written findings, subsequent | 39 |
to fulfillment of the public notice requirements of this section | 40 |
and section 1513.071 of the Revised Code through demonstrations by | 41 |
opponents of renewal or otherwise, that one or more of the | 42 |
following circumstances exists: | 43 |
(i) The terms and conditions of the existing permit are not | 44 |
being satisfactorily met. | 45 |
(ii) The present coal mining and reclamation operation is not | 46 |
in compliance with the environmental protection standards of this | 47 |
chapter. | 48 |
(iii) The renewal requested substantially jeopardizes the | 49 |
operator's continuing responsibilities on existing permit areas. | 50 |
(iv) The applicant has not provided evidence that the | 51 |
performance security in effect for the operation will continue in | 52 |
effect for any renewal requested in the application. | 53 |
(v) Any additional, revised, or updated information required | 54 |
by the chief has not been provided. Prior to the approval of any | 55 |
renewal of a permit, the chief shall provide notice to the | 56 |
appropriate public authorities as prescribed by rule of the chief. | 57 |
(b) If an application for renewal of a valid permit includes | 58 |
a proposal to extend the mining operation beyond the boundaries | 59 |
authorized in the existing permit, the portion of the application | 60 |
for renewal of a valid permit that addresses any new land areas | 61 |
shall be subject to the full standards applicable to new | 62 |
applications under this chapter. | 63 |
(c) A permit renewal shall be for a term not to exceed the | 64 |
period of the original permit established by this chapter. | 65 |
Application for permit renewal shall be made at least one hundred | 66 |
twenty days prior to the expiration of the valid permit. | 67 |
(5) A permit issued pursuant to this chapter does not | 68 |
eliminate the requirements for obtaining a permit to install or | 69 |
modify a disposal system or any part thereof or to discharge | 70 |
sewage, industrial waste, or other wastes into the waters of the | 71 |
state in accordance with Chapter 6111. of the Revised Code. | 72 |
(B)(1) The permit application shall be submitted in a manner | 73 |
satisfactory to the chief and shall contain, among other things, | 74 |
all of the following: | 75 |
(a) The names and addresses of all of the following: | 76 |
(i) The permit applicant; | 77 |
(ii) Every legal owner of record of the property, surface and | 78 |
mineral, to be mined; | 79 |
(iii) The holders of record of any leasehold interest in the | 80 |
property; | 81 |
(iv) Any purchaser of record of the property under a real | 82 |
estate contract; | 83 |
(v) The operator if different from the applicant; | 84 |
(vi) If any of these are business entities other than a | 85 |
single proprietor, the names and addresses of the principals, | 86 |
officers, and statutory agent for service of process. | 87 |
(b) The names and addresses of the owners of record of all | 88 |
surface and subsurface areas adjacent to any part of the permit | 89 |
area; | 90 |
(c) A statement of any current or previous coal mining | 91 |
permits in the United States held by the applicant, the permit | 92 |
identification, and any pending applications; | 93 |
(d) If the applicant is a partnership, corporation, | 94 |
association, or other business entity, the following where | 95 |
applicable: the names and addresses of every officer, partner, | 96 |
director, or person performing a function similar to a director, | 97 |
of the applicant, the name and address of any person owning, of | 98 |
record, ten per cent or more of any class of voting stock of the | 99 |
applicant, a list of all names under which the applicant, partner, | 100 |
or principal shareholder previously operated a coal mining | 101 |
operation within the United States within the five-year period | 102 |
preceding the date of submission of the application, and a list of | 103 |
the person or persons primarily responsible for ensuring that the | 104 |
applicant complies with the requirements of this chapter and rules | 105 |
adopted pursuant thereto while mining and reclaiming under the | 106 |
permit; | 107 |
(e) A statement of whether the applicant, any subsidiary, | 108 |
affiliate, or persons controlled by or under common control with | 109 |
the applicant, any partner if the applicant is a partnership, any | 110 |
officer, principal shareholder, or director if the applicant is a | 111 |
corporation, or any other person who has a right to control or in | 112 |
fact controls the management of the applicant or the selection of | 113 |
officers, directors, or managers of the applicant: | 114 |
(i) Has ever held a federal or state coal mining permit that | 115 |
in the five-year period prior to the date of submission of the | 116 |
application has been suspended or revoked or has had a coal mining | 117 |
bond, performance security, or similar security deposited in lieu | 118 |
of bond forfeited and, if so, a brief explanation of the facts | 119 |
involved; | 120 |
(ii) Has been an officer, partner, director, principal | 121 |
shareholder, or person having the right to control or has in fact | 122 |
controlled the management of or the selection of officers, | 123 |
directors, or managers of a business entity that has had a coal | 124 |
mining or surface mining permit that in the five-year period prior | 125 |
to the date of submission of the application has been suspended or | 126 |
revoked or has had a coal mining or surface mining bond, | 127 |
performance security, or similar security deposited in lieu of | 128 |
bond forfeited and, if so, a brief explanation of the facts | 129 |
involved. | 130 |
(f) A copy of the applicant's advertisement to be published | 131 |
in a newspaper of general circulation in the locality of the | 132 |
proposed site at least once a week for four successive weeks, | 133 |
which shall include the ownership of the proposed mine, a | 134 |
description of the exact location and boundaries of the proposed | 135 |
site sufficient to make the proposed operation readily | 136 |
identifiable by local residents, and the location where the | 137 |
application is available for public inspection; | 138 |
(g) A description of the type and method of coal mining | 139 |
operation that exists or is proposed, the engineering techniques | 140 |
proposed or used, and the equipment used or proposed to be used; | 141 |
(h) The anticipated or actual starting and termination dates | 142 |
of each phase of the mining operation and number of acres of land | 143 |
to be affected; | 144 |
(i) An accurate map or plan, to an appropriate scale, clearly | 145 |
showing the land to be affected and the land upon which the | 146 |
applicant has the legal right to enter and commence coal mining | 147 |
operations, copies of those documents upon which is based the | 148 |
applicant's legal right to enter and commence coal mining | 149 |
operations, and a statement whether that right is the subject of | 150 |
pending litigation. This chapter does not authorize the chief to | 151 |
adjudicate property title disputes. | 152 |
(j) The name of the watershed and location of the surface | 153 |
stream or tributary into which drainage from the operation will be | 154 |
discharged; | 155 |
(k) A determination of the probable hydrologic consequences | 156 |
of the mining and reclamation operations, both on and off the mine | 157 |
site, with respect to the hydrologic regime, providing information | 158 |
on the quantity and quality of water in surface and ground water | 159 |
systems including the dissolved and suspended solids under | 160 |
seasonal flow conditions and the collection of sufficient data for | 161 |
the mine site and surrounding areas so that an assessment can be | 162 |
made by the chief of the probable cumulative impacts of all | 163 |
anticipated mining in the area upon the hydrology of the area and | 164 |
particularly upon water availability, but this determination shall | 165 |
not be required until hydrologic information of the general area | 166 |
prior to mining is made available from an appropriate federal or | 167 |
state agency; however, the permit shall not be approved until the | 168 |
information is available and is incorporated into the application; | 169 |
(l) When requested by the chief, the climatological factors | 170 |
that are peculiar to the locality of the land to be affected, | 171 |
including the average seasonal precipitation, the average | 172 |
direction and velocity of prevailing winds, and the seasonal | 173 |
temperature ranges; | 174 |
(m) Accurate maps prepared by or under the direction of and | 175 |
certified by a qualified registered professional engineer, | 176 |
registered surveyor, or licensed landscape architect to an | 177 |
appropriate scale clearly showing all types of information set | 178 |
forth on topographical maps of the United States geological survey | 179 |
of a scale of not more than four hundred feet to the inch, | 180 |
including all artificial features and significant known | 181 |
archeological sites. The map, among other things specified by the | 182 |
chief, shall show all boundaries of the land to be affected, the | 183 |
boundary lines and names of present owners of record of all | 184 |
surface areas abutting the permit area, and the location of all | 185 |
buildings within one thousand feet of the permit area. | 186 |
(n)(i) Cross-section maps or plans of the land to be affected | 187 |
including the actual area to be mined, prepared by or under the | 188 |
direction of and certified by a qualified registered professional | 189 |
engineer or certified professional geologist with assistance from | 190 |
experts in related fields such as hydrology, hydrogeology, | 191 |
geology, and landscape architecture, showing pertinent elevations | 192 |
and locations of test borings or core samplings and depicting the | 193 |
following information: the nature and depth of the various strata | 194 |
of overburden; the nature and thickness of any coal or rider seam | 195 |
above the coal seam to be mined; the nature of the stratum | 196 |
immediately beneath the coal seam to be mined; all mineral crop | 197 |
lines and the strike and dip of the coal to be mined within the | 198 |
area to be affected; existing or previous coal mining limits; the | 199 |
location and extent of known workings of any underground mines, | 200 |
including mine openings to the surface; the location of spoil, | 201 |
waste, or refuse areas and topsoil preservation areas; the | 202 |
location of all impoundments for waste or erosion control; any | 203 |
settling or water treatment facility; constructed or natural | 204 |
drainways and the location of any discharges to any surface body | 205 |
of water on the land to be affected or adjacent thereto; profiles | 206 |
at appropriate cross sections of the anticipated final surface | 207 |
configuration that will be achieved pursuant to the operator's | 208 |
proposed reclamation plan; the location of subsurface water, if | 209 |
encountered; the location and quality of aquifers; and the | 210 |
estimated elevation of the water table. Registered surveyors shall | 211 |
be allowed to perform all plans, maps, and certifications under | 212 |
this chapter as they are authorized under Chapter 4733. of the | 213 |
Revised Code. | 214 |
(ii) A statement of the quality and locations of subsurface | 215 |
water. The chief shall provide by rule the number of locations to | 216 |
be sampled, frequency of collection, and parameters to be analyzed | 217 |
to obtain the statement required. | 218 |
(o) A statement of the results of test borings or core | 219 |
samplings from the permit area, including logs of the drill holes, | 220 |
the thickness of the coal seam found, an analysis of the chemical | 221 |
properties of the coal, the sulfur content of any coal seam, | 222 |
chemical analysis of potentially acid or toxic forming sections of | 223 |
the overburden, and chemical analysis of the stratum lying | 224 |
immediately underneath the coal to be mined, except that this | 225 |
division may be waived by the chief with respect to the specific | 226 |
application by a written determination that its requirements are | 227 |
unnecessary. If the test borings or core samplings from the permit | 228 |
area indicate the existence of potentially acid forming or toxic | 229 |
forming quantities of sulfur in the coal or overburden to be | 230 |
disturbed by mining, the application also shall include a | 231 |
statement of the acid generating potential and the acid | 232 |
neutralizing potential of the rock strata to be disturbed as | 233 |
calculated in accordance with the calculation method established | 234 |
under section 1513.075 of the Revised Code or with another | 235 |
calculation method. | 236 |
(p) For those lands in the permit application that a | 237 |
reconnaissance inspection suggests may be prime farmlands, a soil | 238 |
survey shall be made or obtained according to standards | 239 |
established by the secretary of the United States department of | 240 |
agriculture in order to confirm the exact location of the prime | 241 |
farmlands, if any; | 242 |
(q) A certificate issued by an insurance company authorized | 243 |
to do business in this state certifying that the applicant has a | 244 |
public liability insurance policy in force for the coal mining and | 245 |
reclamation operations for which the permit is sought or evidence | 246 |
that the applicant has satisfied other state self-insurance | 247 |
requirements. The policy shall provide for personal injury and | 248 |
property damage protection in an amount adequate to compensate any | 249 |
persons damaged as a result of coal mining and reclamation | 250 |
operations, including the use of explosives, and entitled to | 251 |
compensation under the applicable provisions of state law. The | 252 |
policy shall be maintained in effect during the term of the permit | 253 |
or any renewal, including the length of all reclamation | 254 |
operations. The insurance company shall give prompt notice to the | 255 |
permittee and the chief if the public liability insurance policy | 256 |
lapses for any reason including the nonpayment of insurance | 257 |
premiums. Upon the lapse of the policy, the chief may suspend the | 258 |
permit and all other outstanding permits until proper insurance | 259 |
coverage is obtained. | 260 |
(r) The business telephone number of the applicant; | 261 |
(s) If the applicant seeks an authorization under division | 262 |
(E)(7) of this section to conduct coal mining and reclamation | 263 |
operations on areas to be covered by the permit that were affected | 264 |
by coal mining operations before August 3, 1977, that have | 265 |
resulted in continuing water pollution from or on the previously | 266 |
mined areas, such additional information pertaining to those | 267 |
previously mined areas as may be required by the chief, including, | 268 |
without limitation, maps, plans, cross sections, data necessary to | 269 |
determine existing water quality from or on those areas with | 270 |
respect to pH, iron, and manganese, and a pollution abatement plan | 271 |
that may improve water quality from or on those areas with respect | 272 |
to pH, iron, and manganese. | 273 |
(2) Information pertaining to coal seams, test borings, core | 274 |
samplings, or soil samples as required by this section shall be | 275 |
made available by the chief to any person with an interest that is | 276 |
or may be adversely affected, except that information that | 277 |
pertains only to the analysis of the chemical and physical | 278 |
properties of the coal, excluding information regarding mineral or | 279 |
elemental content that is potentially toxic in the environment, | 280 |
shall be kept confidential and not made a matter of public record. | 281 |
(3)(a) If the chief finds that the probable total annual | 282 |
production at all locations of any operator will not exceed three | 283 |
hundred thousand tons, the following activities, upon the written | 284 |
request of the operator in connection with a permit application, | 285 |
shall be performed by a qualified public or private laboratory or | 286 |
another public or private qualified entity designated by the | 287 |
chief, and the cost of the activities shall be assumed by the | 288 |
chief, provided that sufficient moneys for such assistance are | 289 |
available: | 290 |
(i) The determination of probable hydrologic consequences | 291 |
required under division (B)(1)(k) of this section; | 292 |
(ii) The development of cross-section maps and plans required | 293 |
under division (B)(1)(n)(i) of this section; | 294 |
(iii) The geologic drilling and statement of results of test | 295 |
borings and core samplings required under division (B)(1)(o) of | 296 |
this section; | 297 |
(iv) The collection of archaeological information required | 298 |
under division (B)(1)(m) of this section and any other | 299 |
archaeological and historical information required by the chief, | 300 |
and the preparation of plans necessitated thereby; | 301 |
(v) Pre-blast surveys required under division (E) of section | 302 |
1513.161 of the Revised Code; | 303 |
(vi) The collection of site-specific resource information and | 304 |
production of protection and enhancement plans for fish and | 305 |
wildlife habitats and other environmental values required by the | 306 |
chief under this chapter. | 307 |
(b) A coal operator that has received assistance under | 308 |
division (B)(3)(a) of this section shall reimburse the chief for | 309 |
the cost of the services rendered if the chief finds that the | 310 |
operator's actual and attributed annual production of coal for all | 311 |
locations exceeds three hundred thousand tons during the twelve | 312 |
months immediately following the date on which the operator was | 313 |
issued a coal mining and reclamation permit. | 314 |
(4) Each applicant for a permit shall submit to the chief as | 315 |
part of the permit application a reclamation plan that meets the | 316 |
requirements of this chapter. | 317 |
(5) Each applicant for a coal mining and reclamation permit | 318 |
shall file a copy of the application for a permit, excluding that | 319 |
information pertaining to the coal seam itself, for public | 320 |
inspection with the county recorder or an appropriate public | 321 |
office approved by the chief in the county where the mining is | 322 |
proposed to occur. | 323 |
(6) Each applicant for a coal mining and reclamation permit | 324 |
shall submit to the chief as part of the permit application a | 325 |
blasting plan that describes the procedures and standards by which | 326 |
the operator will comply with section 1513.161 of the Revised | 327 |
Code. | 328 |
(C) Each reclamation plan submitted as part of a permit | 329 |
application shall include, in the detail necessary to demonstrate | 330 |
that reclamation required by this chapter can be accomplished and | 331 |
in the detail necessary for the chief to determine the estimated | 332 |
cost of reclamation if the reclamation has to be performed by the | 333 |
division of mineral resources management in the event of | 334 |
forfeiture of the performance security by the applicant, a | 335 |
statement of: | 336 |
(1) The identification of the lands subject to coal mining | 337 |
operations over the estimated life of those operations and the | 338 |
size, sequence, and timing of the subareas for which it is | 339 |
anticipated that individual permits for mining will be sought; | 340 |
(2) The condition of the land to be covered by the permit | 341 |
prior to any mining, including all of the following: | 342 |
(a) The uses existing at the time of the application and, if | 343 |
the land has a history of previous mining, the uses that preceded | 344 |
any mining; | 345 |
(b) The capability of the land prior to any mining to support | 346 |
a variety of uses, giving consideration to soil and foundation | 347 |
characteristics, topography, and vegetative cover and, if | 348 |
applicable, a soil survey prepared pursuant to division (B)(1)(p) | 349 |
of this section; | 350 |
(c) The productivity of the land prior to mining, including | 351 |
appropriate classification as prime farmlands as well as the | 352 |
average yield of food, fiber, forage, or wood products obtained | 353 |
from the land under high levels of management. | 354 |
(3) The use that is proposed to be made of the land following | 355 |
reclamation, including information regarding the utility and | 356 |
capacity of the reclaimed land to support a variety of alternative | 357 |
uses, the relationship of the proposed use to existing land use | 358 |
policies and plans, and the comments of any owner of the land and | 359 |
state and local governments or agencies thereof that would have to | 360 |
initiate, implement, approve, or authorize the proposed use of the | 361 |
land following reclamation; | 362 |
(4) A detailed description of how the proposed postmining | 363 |
land use is to be achieved and the necessary support activities | 364 |
that may be needed to achieve the proposed land use; | 365 |
(5) The engineering techniques proposed to be used in mining | 366 |
and reclamation and a description of the major equipment; a plan | 367 |
for the control of surface water drainage and of water | 368 |
accumulation; a plan, where appropriate, for backfilling, soil | 369 |
stabilization, and compacting, grading, and appropriate | 370 |
revegetation; a plan for soil reconstruction, replacement, and | 371 |
stabilization, pursuant to the performance standards in section | 372 |
1513.16 of the Revised Code, for those food, forage, and forest | 373 |
lands identified in that section; and a statement as to how the | 374 |
permittee plans to comply with each of the requirements set out in | 375 |
section 1513.16 of the Revised Code; | 376 |
(6) A description of the means by which the utilization and | 377 |
conservation of the solid fuel resource being recovered will be | 378 |
maximized so that reaffecting the land in the future can be | 379 |
minimized; | 380 |
(7) A detailed estimated timetable for the accomplishment of | 381 |
each major step in the reclamation plan; | 382 |
(8) A description of the degree to which the coal mining and | 383 |
reclamation operations are consistent with surface owner plans and | 384 |
applicable state and local land use plans and programs; | 385 |
(9) The steps to be taken to comply with applicable air and | 386 |
water quality laws and regulations and any applicable health and | 387 |
safety standards; | 388 |
(10) A description of the degree to which the reclamation | 389 |
plan is consistent with local physical, environmental, and | 390 |
climatological conditions; | 391 |
(11) A description of all lands, interests in lands, or | 392 |
options on such interests held by the applicant or pending bids on | 393 |
interests in lands by the applicant, which lands are contiguous to | 394 |
the area to be covered by the permit; | 395 |
(12) The results of test borings that the applicant has made | 396 |
at the area to be covered by the permit, or other equivalent | 397 |
information and data in a form satisfactory to the chief, | 398 |
including the location of subsurface water, and an analysis of the | 399 |
chemical properties, including acid forming properties of the | 400 |
mineral and overburden; except that information that pertains only | 401 |
to the analysis of the chemical and physical properties of the | 402 |
coal, excluding information regarding mineral or elemental | 403 |
contents that are potentially toxic in the environment, shall be | 404 |
kept confidential and not made a matter of public record; | 405 |
(13) A detailed description of the measures to be taken | 406 |
during the mining and reclamation process to ensure the protection | 407 |
of all of the following: | 408 |
(a) The quality of surface and ground water systems, both on- | 409 |
and off-site, from adverse effects of the mining and reclamation | 410 |
process; | 411 |
(b) The rights of present users to such water; | 412 |
(c) The quantity of surface and ground water systems, both | 413 |
on- and off-site, from adverse effects of the mining and | 414 |
reclamation process or, where such protection of quantity cannot | 415 |
be assured, provision of alternative sources of water. | 416 |
(14) Any other requirements the chief prescribes by rule. | 417 |
(D)(1) Any information required by division (C) of this | 418 |
section that is not on public file pursuant to this chapter shall | 419 |
be held in confidence by the chief. | 420 |
(2) With regard to requests for an exemption from the | 421 |
requirements of this chapter for coal extraction incidental to the | 422 |
extraction of other minerals, as described in division (H)(1)(a) | 423 |
of section 1513.01 of the Revised Code, confidential information | 424 |
includes and is limited to information concerning trade secrets or | 425 |
privileged commercial or financial information relating to the | 426 |
competitive rights of the persons intending to conduct the | 427 |
extraction of minerals. | 428 |
(E)(1) Upon the basis of a complete mining application and | 429 |
reclamation plan or a revision or renewal thereof, as required by | 430 |
this chapter, and information obtained as a result of public | 431 |
notification and public hearing, if any, as provided by section | 432 |
1513.071 of the Revised Code, the chief shall grant, require | 433 |
modification of, or deny the application for a permit and notify | 434 |
the applicant in writing in accordance with division (I)(3) of | 435 |
this section. An application is deemed to be complete as | 436 |
submitted to the chief unless the chief, within fourteen days of | 437 |
the submission, identifies deficiencies in the application in | 438 |
writing and subsequently submits a copy of a written list of | 439 |
deficiencies to the applicant. | 440 |
A decision of the chief denying a permit shall state in | 441 |
writing the specific reasons for the denial. | 442 |
The applicant for a permit or revision of a permit has the | 443 |
burden of establishing that the application is in compliance with | 444 |
all the requirements of this chapter. Within ten days after the | 445 |
granting of a permit, the chief shall notify the boards of | 446 |
township trustees and county commissioners, the mayor, and the | 447 |
legislative authority in the township, county, and municipal | 448 |
corporation in which the area of land to be affected is located | 449 |
that a permit has been issued and shall describe the location of | 450 |
the land. However, failure of the chief to notify the local | 451 |
officials shall not affect the status of the permit. | 452 |
(2) No permit application or application for revision of an | 453 |
existing permit shall be approved unless the application | 454 |
affirmatively demonstrates and the chief finds in writing on the | 455 |
basis of the information set forth in the application or from | 456 |
information otherwise available, which shall be documented in the | 457 |
approval and made available to the applicant, all of the | 458 |
following: | 459 |
(a) The application is accurate and complete and all the | 460 |
requirements of this chapter have been complied with. | 461 |
(b) The applicant has demonstrated that the reclamation | 462 |
required by this chapter can be accomplished under the reclamation | 463 |
plan contained in the application. | 464 |
(c)(i) Assessment of the probable cumulative impact of all | 465 |
anticipated mining in the general and adjacent area on the | 466 |
hydrologic balance specified in division (B)(1)(k) of this section | 467 |
has been made by the chief, and the proposed operation has been | 468 |
designed to prevent material damage to hydrologic balance outside | 469 |
the permit area. | 470 |
(ii) There shall be an ongoing process conducted by the chief | 471 |
in cooperation with other state and federal agencies to review all | 472 |
assessments of probable cumulative impact of coal mining in light | 473 |
of post-mining data and any other hydrologic information as it | 474 |
becomes available to determine if the assessments were realistic. | 475 |
The chief shall take appropriate action as indicated in the review | 476 |
process. | 477 |
(d) The area proposed to be mined is not included within an | 478 |
area designated unsuitable for coal mining pursuant to section | 479 |
1513.073 of the Revised Code or is not within an area under study | 480 |
for such designation in an administrative proceeding commenced | 481 |
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the | 482 |
Revised Code unless in an area as to which an administrative | 483 |
proceeding has commenced pursuant to division (A)(3)(c) or (B) of | 484 |
section 1513.073 of the Revised Code, the operator making the | 485 |
permit application demonstrates that, prior to January 1, 1977, | 486 |
the operator made substantial legal and financial commitments in | 487 |
relation to the operation for which a permit is sought. | 488 |
(e) In cases where the private mineral estate has been | 489 |
severed from the private surface estate and surface disturbance | 490 |
will result from the applicant's proposed use of a strip mining | 491 |
method, the applicant has submitted to the chief one of the | 492 |
following: | 493 |
(i) The written consent of the surface owner to the surface | 494 |
disturbance that will result from the extraction of coal by the | 495 |
applicant's proposed strip mining | 496 |
(ii) A conveyance that expressly grants or reserves the right | 497 |
to extract the coal by strip mining methods that cause surface | 498 |
disturbance; | 499 |
(iii) If the conveyance does not expressly grant the right to | 500 |
extract coal by strip mining methods that cause surface | 501 |
disturbance, the surface-subsurface legal relationship concerning | 502 |
surface disturbance shall be determined under the law of this | 503 |
state. This chapter does not authorize the chief to adjudicate | 504 |
property rights disputes. | 505 |
(3)(a) The applicant shall file with the permit application a | 506 |
schedule listing all notices of violations of any law, rule, or | 507 |
regulation of the United States or of any department or agency | 508 |
thereof or of any state pertaining to air or water environmental | 509 |
protection incurred by the applicant in connection with any coal | 510 |
mining operation during the three-year period prior to the date of | 511 |
application. The schedule also shall indicate the final resolution | 512 |
of such a notice of violation. Upon receipt of an application, the | 513 |
chief shall provide a schedule listing all notices of violations | 514 |
of this chapter pertaining to air or water environmental | 515 |
protection incurred by the applicant during the three-year period | 516 |
prior to receipt of the application and the final resolution of | 517 |
all such notices of violation. The chief shall provide this | 518 |
schedule to the applicant for filing by the applicant with the | 519 |
application filed for public review, as required by division | 520 |
(B)(5) of this section. When the schedule or other information | 521 |
available to the chief indicates that any coal mining operation | 522 |
owned or controlled by the applicant is currently in violation of | 523 |
such laws, the permit shall not be issued until the applicant | 524 |
submits proof that the violation has been corrected or is in the | 525 |
process of being corrected to the satisfaction of the regulatory | 526 |
authority, department, or agency that has jurisdiction over the | 527 |
violation and that any civil penalties owed to the state for a | 528 |
violation and not the subject of an appeal have been paid. No | 529 |
permit shall be issued to an applicant after a finding by the | 530 |
chief that the applicant or the operator specified in the | 531 |
application controls or has controlled mining operations with a | 532 |
demonstrated pattern of willful violations of this chapter of a | 533 |
nature and duration to result in irreparable damage to the | 534 |
environment as to indicate an intent not to comply with or a | 535 |
disregard of this chapter. | 536 |
(b) For the purposes of division (E)(3)(a) of this section, | 537 |
any violation resulting from an unanticipated event or condition | 538 |
at a surface coal mining operation on lands eligible for remining | 539 |
under a permit held by the person submitting an application for a | 540 |
coal mining permit under this section shall not prevent issuance | 541 |
of that permit. As used in this division, "unanticipated event or | 542 |
condition" means an event or condition encountered in a remining | 543 |
operation that was not contemplated by the applicable surface coal | 544 |
mining and reclamation permit. | 545 |
(4)(a) In addition to finding the application in compliance | 546 |
with division (E)(2) of this section, if the area proposed to be | 547 |
mined contains prime farmland as determined pursuant to division | 548 |
(B)(1)(p) of this section, the chief, after consultation with the | 549 |
secretary of the United States department of agriculture and | 550 |
pursuant to regulations issued by the secretary of the interior | 551 |
with the concurrence of the secretary of agriculture, may grant a | 552 |
permit to mine on prime farmland if the chief finds in writing | 553 |
that the operator has the technological capability to restore the | 554 |
mined area, within a reasonable time, to equivalent or higher | 555 |
levels of yield as nonmined prime farmland in the surrounding area | 556 |
under equivalent levels of management and can meet the soil | 557 |
reconstruction standards in section 1513.16 of the Revised Code. | 558 |
(b) Division (E)(4)(a) of this section does not apply to a | 559 |
permit issued prior to August 3, 1977, or revisions or renewals | 560 |
thereof. | 561 |
(5) The chief shall issue an order denying a permit after | 562 |
finding that the applicant has misrepresented or omitted any | 563 |
material fact in the application for the permit. | 564 |
(6) The chief may issue an order denying a permit after | 565 |
finding that the applicant, any partner, if the applicant is a | 566 |
partnership, any officer, principal shareholder, or director, if | 567 |
the applicant is a corporation, or any other person who has a | 568 |
right to control or in fact controls the management of the | 569 |
applicant or the selection of officers, directors, or managers of | 570 |
the applicant has been a sole proprietor or partner, officer, | 571 |
director, principal shareholder, or person having the right to | 572 |
control or has in fact controlled the management of or the | 573 |
selection of officers, directors, or managers of a business entity | 574 |
that ever has had a coal mining license or permit issued by this | 575 |
or any other state or the United States suspended or revoked, ever | 576 |
has forfeited a coal or surface mining bond, performance security, | 577 |
or similar security deposited in lieu of bond in this or any other | 578 |
state or with the United States, or ever has substantially or | 579 |
materially failed to comply with this chapter. | 580 |
(7) When issuing a permit under this section, the chief may | 581 |
authorize an applicant to conduct coal mining and reclamation | 582 |
operations on areas to be covered by the permit that were affected | 583 |
by coal mining operations before August 3, 1977, that have | 584 |
resulted in continuing water pollution from or on the previously | 585 |
mined areas for the purpose of potentially reducing the pollution | 586 |
loadings of pH, iron, and manganese from discharges from or on the | 587 |
previously mined areas. Following the chief's authorization to | 588 |
conduct such operations on those areas, the areas shall be | 589 |
designated as pollution abatement areas for the purposes of this | 590 |
chapter. | 591 |
The chief shall not grant an authorization under division | 592 |
(E)(7) of this section to conduct coal mining and reclamation | 593 |
operations on any such previously mined areas unless the applicant | 594 |
demonstrates to the chief's satisfaction that all of the following | 595 |
conditions are met: | 596 |
(a) The applicant's pollution abatement plan for mining and | 597 |
reclaiming the previously mined areas represents the best | 598 |
available technology economically achievable. | 599 |
(b) Implementation of the plan will potentially reduce | 600 |
pollutant loadings of pH, iron, and manganese resulting from | 601 |
discharges of surface waters or ground water from or on the | 602 |
previously mined areas within the permit area. | 603 |
(c) Implementation of the plan will not cause any additional | 604 |
degradation of surface water quality off the permit area with | 605 |
respect to pH, iron, and manganese. | 606 |
(d) Implementation of the plan will not cause any additional | 607 |
degradation of ground water. | 608 |
(e) The plan meets the requirements governing mining and | 609 |
reclamation of such previously mined pollution abatement areas | 610 |
established by the chief in rules adopted under section 1513.02 of | 611 |
the Revised Code. | 612 |
(f) Neither the applicant; any partner, if the applicant is | 613 |
a partnership; any officer, principal shareholder, or director, | 614 |
if the applicant is a corporation; any other person who has a | 615 |
right to control or in fact controls the management of the | 616 |
applicant or the selection of officers, directors, or managers of | 617 |
the applicant; nor any contractor or subcontractor of the | 618 |
applicant, has any of the following: | 619 |
(i) Responsibility or liability under this chapter or rules | 620 |
adopted under it as an operator for treating the discharges of | 621 |
water pollutants from or on the previously mined areas for which | 622 |
the authorization is sought; | 623 |
(ii) Any responsibility or liability under this chapter or | 624 |
rules adopted under it for reclaiming the previously mined areas | 625 |
for which the authorization is sought; | 626 |
(iii) During the eighteen months prior to submitting the | 627 |
permit application requesting an authorization under division | 628 |
(E)(7) of this section, had a coal mining and reclamation permit | 629 |
suspended or revoked under division (D)(3) of section 1513.02 of | 630 |
the Revised Code for violating this chapter or Chapter 6111. of | 631 |
the Revised Code or rules adopted under them with respect to water | 632 |
quality, effluent limitations, or surface or ground water | 633 |
monitoring; | 634 |
(iv) Ever forfeited a coal or surface mining bond, | 635 |
performance security, or similar security deposited in lieu of a | 636 |
bond in this or any other state or with the United States. | 637 |
(8) In the case of the issuance of a permit that involves a | 638 |
conflict of results between various methods of calculating | 639 |
potential acidity and neutralization potential for purposes of | 640 |
assessing the potential for acid mine drainage to occur at a mine | 641 |
site, the permit shall include provisions for monitoring and | 642 |
record keeping to identify the creation of unanticipated acid | 643 |
water at the mine site. If the monitoring detects the creation of | 644 |
acid water at the site, the permit shall impose on the permittee | 645 |
additional requirements regarding mining practices and site | 646 |
reclamation to prevent the discharge of acid mine drainage from | 647 |
the mine site. As used in division (E)(8) of this section, | 648 |
"potential acidity" and "neutralization potential" have the same | 649 |
meanings as in section 1513.075 of the Revised Code. | 650 |
(F)(1) During the term of the permit, the permittee may | 651 |
submit an application for a revision of the permit, together with | 652 |
a revised reclamation plan, to the chief. | 653 |
(2) An application for a revision of a permit shall not be | 654 |
approved unless the chief finds that reclamation required by this | 655 |
chapter can be accomplished under the revised reclamation plan. | 656 |
The revision shall be approved or disapproved within ninety days | 657 |
after receipt of a complete revision application. The chief shall | 658 |
establish, by rule, criteria for determining the extent to which | 659 |
all permit application information requirements and procedures, | 660 |
including notice and hearings, shall apply to the revision | 661 |
request, except that any revisions that propose significant | 662 |
alterations in the reclamation plan, at a minimum, shall be | 663 |
subject to notice and hearing requirements. | 664 |
(3) Any extensions to the area covered by the permit except | 665 |
incidental boundary revisions shall be made by application for a | 666 |
permit. | 667 |
(G) No transfer, assignment, or sale of the rights granted | 668 |
under a permit issued pursuant to this chapter shall be made | 669 |
without the written approval of the chief. | 670 |
(H) The chief, within a time limit prescribed in the chief's | 671 |
rules, shall review outstanding permits and may require reasonable | 672 |
revision or modification of a permit. A revision or modification | 673 |
shall be based upon a written finding and subject to notice and | 674 |
hearing requirements established by rule of the chief. | 675 |
(I)(1) If an informal conference has been held pursuant to | 676 |
section 1513.071 of the Revised Code, the chief shall issue and | 677 |
furnish the applicant for a permit, persons who participated in | 678 |
the informal conference, and persons who filed written objections | 679 |
pursuant to division (B) of section 1513.071 of the Revised Code, | 680 |
with the written finding of the chief granting or denying the | 681 |
permit in whole or in part and stating the reasons therefor within | 682 |
sixty days of the conference, provided that the chief shall comply | 683 |
with the time frames established in division (I)(3) of this | 684 |
section. | 685 |
(2) If there has been no informal conference held pursuant to | 686 |
section 1513.071 of the Revised Code, the chief shall submit to | 687 |
the applicant for a permit the written finding of the chief | 688 |
granting or denying the permit in whole or in part and stating | 689 |
the reasons therefor within the time frames established in | 690 |
division (I)(3) of this section. | 691 |
(3) The chief shall grant or deny a permit not later than two | 692 |
hundred forty days after the submission of a complete application | 693 |
for the permit. Any time during which the applicant is making | 694 |
revisions to an application or providing additional information | 695 |
requested by the chief regarding an application shall not be | 696 |
included in the two hundred forty days. If the chief determines | 697 |
that a permit cannot be granted or denied within the | 698 |
two-hundred-forty-day time frame, the chief, not later than two | 699 |
hundred ten days after the submission of a complete application | 700 |
for the permit, shall provide the applicant with written notice of | 701 |
the expected delay. | 702 |
(4) If the application is approved, the permit shall be | 703 |
issued. If the application is disapproved, specific reasons | 704 |
therefor shall be set forth in the notification. Within thirty | 705 |
days after the applicant is notified of the final decision of the | 706 |
chief on the permit application, the applicant or any person with | 707 |
an interest that is or may be adversely affected may appeal the | 708 |
decision to the reclamation commission pursuant to section 1513.13 | 709 |
of the Revised Code. | 710 |
(5) Any applicant or any person with an interest that is or | 711 |
may be adversely affected who has participated in the | 712 |
administrative proceedings as an objector and is aggrieved by the | 713 |
decision of the reclamation commission, or if the commission fails | 714 |
to act within the time limits specified in this chapter, may | 715 |
appeal in accordance with section 1513.14 of the Revised Code. | 716 |
Sec. 1513.073. (A)(1) Upon petition pursuant to division (B) | 717 |
of this section, the chief of the division of mineral resources | 718 |
management shall designate an area as unsuitable for all or | 719 |
certain types of coal mining operations if the chief determines | 720 |
that reclamation pursuant to the requirements of this chapter is | 721 |
not technologically and economically feasible. | 722 |
(2) Upon petition pursuant to division (B) of this section, a | 723 |
surface area may be designated unsuitable for all or certain types | 724 |
of coal mining operations if the operations will: | 725 |
(a) Be incompatible with existing state or local land use | 726 |
plans or programs; | 727 |
(b) Affect fragile or historic lands in which the operations | 728 |
could result in significant damage to important historic, | 729 |
cultural, scientific, and esthetic values and natural systems; | 730 |
(c) Affect renewable resource lands in which the operations | 731 |
could result in a substantial loss or reduction of long-range | 732 |
productivity of water supply or of food or fiber products, or | 733 |
aquifers and aquifer recharge areas; | 734 |
(d) Affect natural hazard lands in which the operations could | 735 |
substantially endanger life and property, such lands to include | 736 |
areas subject to frequent flooding and areas of unstable geology. | 737 |
(3) The chief shall develop the following: | 738 |
(a) A data base and an inventory system that will permit | 739 |
proper evaluation of the capacity of different land areas of the | 740 |
state to support and permit reclamation of coal mining operations; | 741 |
(b) A method or methods for implementing land use planning | 742 |
decisions concerning coal mining operations; | 743 |
(c) Procedures for proper notice and opportunities for public | 744 |
participation, including a public meeting prior to making any | 745 |
designation or redesignation, pursuant to this section. | 746 |
(4) Determinations of the unsuitablity of land for coal | 747 |
mining, as provided for in this section, shall be integrated as | 748 |
closely as possible with present and future land use planning and | 749 |
regulation processes at the federal, state, and local levels. | 750 |
(5) The requirements of this section do not apply to lands on | 751 |
which coal mining operations were being conducted on August 3, | 752 |
1977, or under a permit issued pursuant to this chapter, or where | 753 |
substantial legal and financial commitments in the operation were | 754 |
in existence prior to January 4, 1977. | 755 |
(B) A person having an interest that is or may be adversely | 756 |
affected may petition the chief to have an area designated as | 757 |
unsuitable for coal mining operations or to have such a | 758 |
designation terminated. The petition shall contain allegations of | 759 |
facts with supporting evidence that would tend to establish the | 760 |
allegations. The chief shall hold a public meeting in the locality | 761 |
of the affected area, after appropriate notice and publication of | 762 |
the date, time, and location of the meeting within ninety days | 763 |
after receipt of the petition, provided that the chief may extend | 764 |
the time for holding the meeting an additional two hundred ten | 765 |
days when, in the chief's judgment, such additional time is needed | 766 |
for adequate review of the petition. Any person may appear at the | 767 |
meeting and present a statement or evidence regarding the | 768 |
petition. Within sixty days after the meeting, the chief shall | 769 |
issue and furnish to the petitioner and any other participant at | 770 |
the meeting a written decision regarding the petition, and the | 771 |
reasons therefor. | 772 |
(C) Prior to designating any land areas as unsuitable for | 773 |
coal mining operations or terminating previous determinations of | 774 |
unsuitability, the chief shall prepare a detailed statement on: | 775 |
(1) The potential coal resources of the area; | 776 |
(2) The demand for coal resources; | 777 |
(3) The impact of the designation on the environment, the | 778 |
economy, and the supply of coal. | 779 |
(D) After August 3, 1977, and subject to valid existing | 780 |
rights, no coal mining operations except those that existed on | 781 |
August 3, 1977, shall be permitted: | 782 |
(1) On any lands within the boundaries of units of the | 783 |
national park system, the national wildlife refuge systems, the | 784 |
national system of trails, the national wilderness preservation | 785 |
system, the wild and scenic rivers system, including study rivers | 786 |
designated under section 5(a) of the "Wild and Scenic Rivers Act," | 787 |
82 Stat. 906 (1968), 16 U.S.C.A. 1274, and national recreation | 788 |
areas designated by act of congress; | 789 |
(2) On any federal lands within the boundaries of any | 790 |
national forest unless approval is granted by the secretary of the | 791 |
United States department of the interior; | 792 |
(3) That will adversely affect any publicly owned park or any | 793 |
places included in the national register of historic sites unless | 794 |
approved jointly by the chief and the federal, state, or local | 795 |
agency with jurisdiction over the park or the historic site; | 796 |
(4) Within one hundred feet of the outside right-of-way line | 797 |
of any public road, measured horizontally, except where mine | 798 |
access roads or haulage roads join such right-of-way line and | 799 |
except that the chief may permit the roads to be relocated or the | 800 |
area affected to lie within one hundred feet of such road if after | 801 |
public notice and opportunity for public meeting in the locality | 802 |
of the affected area a written finding is made that the interests | 803 |
of the public and the landowners affected thereby will be | 804 |
protected; | 805 |
(5) Within three hundred feet from any occupied dwelling, | 806 |
measured horizontally, unless waived by the owner thereof, nor | 807 |
within three hundred feet, measured horizontally, of any public | 808 |
building, school, church, community, or institutional building, or | 809 |
public park, nor within one hundred feet, measured horizontally, | 810 |
of a cemetery. | 811 |
Section 2. That existing sections 1513.07 and 1513.073 of | 812 |
the Revised Code are hereby repealed. | 813 |