Bill Text: OH SB137 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To revise the coal mining laws regarding permit application and set-back requirements.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2011-03-31 - To Agriculture, Environment & Natural Resources [SB137 Detail]

Download: Ohio-2011-SB137-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 137

Senator Stewart 

Cosponsors: Senators Seitz, Wilson 

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A BILL

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 submitted	436
to the chief unless the chief, within fourteen days of the	437
submission, identifies deficiencies in the application in writing	438
and subsequently submits a copy of a written list of deficiencies	439
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 methodsmethod;	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 a	613
partnership; any officer, principal shareholder, or director, if	614
the applicant is a corporation; any other person who has a right	615
to control or in fact controls the management of the applicant or	616
the selection of officers, directors, or managers of the	617
applicant; nor any contractor or subcontractor of the applicant,	618
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 the	689
reasons therefor within the time frames established in division	690
(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