1501:13-5-02 Improvidently issued permits.

(A) If the chief has reason to believe that a coal mining and reclamation permit was improvidently issued, the chief shall review the circumstances under which the permit was issued using the criteria in this rule.

(B) The chief shall find that a coal mining and reclamation permit was improvidently issued if:

(1) Under the violations review criteria in effect at the time the permit was issued:

(a) The chief should not have issued the permit because of an unabated violation or a delinquent penalty or fee; or

(b) The permit was issued on the presumption that a notice of violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation, but a cessation order was subsequently issued; and

(2) The violation, penalty or fee:

(a) Remains unabated or delinquent; and

(b) Is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the regulatory authority, department or agency which has jurisdiction over the violation; and

(3) Through an ownership or control link, the permittee was linked to the violation, penalty or fee under the violations review criteria in effect at the time the permit was issued, and the ownership or control link between the permittee and the person responsible for the violation, penalty or fee still exists, or, where the link was severed, the permittee continues to be responsible for the violation, penalty or fee.

(C) If, in accordance with paragraph (B) of this rule, the chief finds that, because of an unabated violation or a delinquent penalty or fee, a permit was improvidently issued, the chief shall use one or more of the following remedial measures:

(1) Implement, with the cooperation of the permittee or other person responsible, and with the cooperation of the agency with jurisdiction over the violation, penalty, or fee, a plan for the abatement of the violation or a schedule for payment of the penalty or fee;

(2) Impose on the permit a condition requiring that in a reasonable period of time the permittee or other person responsible abate the violation or pay the penalty or fee;

(3) Suspend the permit until the violation is abated or the penalty or fee is paid; or

(4) Rescind the permit according to paragraph (D) of this rule.

(D) If, in accordance with paragraph (B) of this rule, the chief finds that a permit was improvidently issued, and if, under paragraph (C)(4) of this rule, the chief elects to rescind the permit, the chief shall serve on the permittee notice of proposed suspension and rescission which includes the reasons for the finding and states that:

(1) After a specified period of time not to exceed ninety days, the permit will automatically be suspended, and, after a specified period of time thereafter, not to exceed ninety days, the permit will be rescinded, unless within either of those periods of time, the permittee submits proof, and the chief finds that:

(a) The chief’s finding under paragraph (B) of this rule was erroneous;

(b) The permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the agency with jurisdiction over the violation, penalty or fee;

(c) The violation, penalty or fee is the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the agency with jurisdiction over the violation, penalty or fee; or

(d) The permittee has severed any ownership or control link with person responsible for, and does not continue to be responsible for, the violation, penalty or fee, and this link was severed subsequent to the chief’s finding pursuant to paragraph (B) of this rule.

(2) After permit suspension or rescission, the permittee shall cease all coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures as required by the chief.

(E) Any person having an interest that is or may be adversely affected by a decision of the chief made pursuant to this rule may appeal by filing a notice of appeal with the reclamation board of review pursuant to section 1513.13 of the Revised Code.

R.C. 119.032 review dates: 01/28/2004 and 01/28/2009

Promulgated Under: 119.03

Statutory Authority: 1513.02

Rule Amplifies: 1513.07

Prior Effective Dates: 11/1/98, 11/1/03