Chapter 1501:13-1 Administrative Procedures
(A) No permit to conduct coal mining and reclamation operations shall be issued unless application for the permit has been made in accordance with the requirements of these rules.
(B) Each coal mining and reclamation operation shall comply with all the requirements of these rules, except as provided in paragraphs (C)(1) to (C)(3) of this rule.
(C) Each structure used in connection with or to facilitate a coal exploration or coal mining and reclamation operation shall comply with the performance standards and the design requirements of these rules except that:
(1) If the performance standard in effect prior to August 16, 1982, in Chapter 1513. of the Revised Code and Chapters 1501:13-1 to 1501:13-14 of the Administrative Code, is no less effective than the comparable performance standards of these rules, an existing structure which meets the performance standards of the prior law and rules may be exempted by the chief from meeting the design requirements of these rules.
(2) If the performance standard in effect prior to August 16, 1982, in Chapter 1513. of the Revised Code and Chapters 1501:13-1 to 1501:13-14 of the Administrative Code, is less effective than the comparable performance standards of these rules, the chief shall require an existing structure to be modified to meet either the design requirements of Chapter 1513. of the Revised Code and these rules or the comparable performance standards of Chapter 1513. of the Revised Code and these rules, or both.
(3) The exemptions provided in paragraphs (C)(1) and (C)(2) of this rule shall not apply to:
(a) The requirements for existing and new coal mine waste disposal facilities; and
(b) The requirements to restore the approximate original contour of the land.
(4) These rules shall not govern operations conducted prior to August 16, 1982, except:
(a) Operations conducted under a strip mining permit shall comply with and be governed by rules 1501:13-1-01, 1501:13-1-03 to 1501:13-1-13, 1501:13-3-03 to 1501:13-3-08, 1501:13-6-03, 1501:13-7-06, 1501:13-9-10, and 1501:13-14-01 to 1501:13-14-04 of the Administrative Code, and all rules expressly made applicable therein, except that a person conducting such operations may choose to design structures in accordance with the design requirements specified in Chapters 1501:13-4, 1501:13-9, 1501:13-10, 1501:13-11, and 1501:13-13 of the Administrative Code.
(b) All operators of underground coal mines who submitted a mine map and affidavit pursuant to section 1513.12 of the Revised Code as it was in effect prior to September 1, 1981, shall comply with and be governed by rules 1501:13-1-01, 1501:13-1-03 to 1501:13-1-13, 1501:13-3-03 to 1501:13-3-08, 1501:13-6-03, 1501:13-12-03, 1501:13-12-04, and 1501:13-14-01 to 1501:13-14-04 of the Administrative Code, and all rules expressly made applicable therein, except that a person conducting such operations may choose to design structures in accordance with the design requirements specified in Chapters 1501:13-4, 1501:13-9, 1501:13-10, 1501:13-11, and 1501:13-13 of the Administrative Code.
(D) Termination of jurisdiction.
(1) The chief may terminate jurisdiction under Chapter 1513. of the Revised Code over the reclaimed site of a completed coal mining and reclamation operation, or increment thereof, upon the chief's final decision in accordance with Chapter 1501:13-7 of the Administrative Code to release the performance security fully.
(2) Following a termination under paragraph (D)(1) of this rule, the chief shall reassert jurisdiction under Chapter 1513. of the Revised Code over a site if it is demonstrated that the performance security release was based on fraud, collusion, or misrepresentation of a material fact.
R.C. 119.032 review dates: 02/06/2009 and 04/20/2014
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.02, 1513.07
Prior Effective Dates: 8/16/92 (Emer.), 11/15/82, 6/30/83, 10/1/88, 1/14/93, 9/7/96
As used in Chapters 1501:13-1 to 1501:13-14 of the Administrative Code:
(A) "Abatement plan" means any individual technique or combination of techniques, the implementation of which may result in reduction of the base line pollution load. Abatement techniques may include but are not limited to best management practices such as: addition of alkaline material, daylighting old underground mines, special plans for managing toxic- and acid-forming material, regrading, and revegetation.
(B) "Acid drainage" means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned coal mine and reclamation operation or from an area affected by coal mining and reclamation operations.
(C) "Acid-forming materials" means earth materials that contain sulfide mineral or other materials which, if exposed to air, water, or weathering processes, will form acids that may create acid drainage.
(D) "Acid water" means any waters, the pH of which, as determined by standard methods, is less than 6.0.
(E) "Adjacent area" means the area outside the affected area or permit area where air, surface or ground water, fish, wildlife, vegetation or other resources protected by Chapter 1513. of the Revised Code, determined according to the context in which "adjacent area" is used, are or reasonably could be expected to be adversely affected by proposed coal mining and reclamation operations including probable impacts from underground workings. With respect to underground mining operations, "adjacent area" shall include, at a minimum, the surface areas above full coal recovery areas.
(F) "Affected area" means any land or water surface area which is used to facilitate, or is physically altered by, coal mining and reclamation operations.
(1) The affected area includes:
(a) The disturbed area;
(b) Any area upon which coal mining and reclamation operations are conducted;
(c) Any adjacent lands the use of which is incidental to coal mining and reclamation operations;
(d) All areas covered by new or existing roads used to gain access to, or for hauling coal to or from coal mining and reclamation operations, but may not include public roadways, provided that:
(i) The public roadway was in existence prior to the application for the permit;
(ii) The effect on the public roadway from mining use will be minor; and
(iii) The public roadway is incidentally, rather than directly, part of the mining operation;
(e) Any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, shipping areas; and
(f) Any areas upon which are sited structures, facilities, or other property material on the surface resulting from, or incident to, coal mining and reclamation operations.
(2) The affected area does not include surface disturbance attributable solely to underground mine subsidence, provided that this exception shall not be construed as a limitation on the authority of the chief or his or her authorized representative to require submission of information about, or take enforcement or other actions in regard to, subsidence disturbances and conditions existing in areas overlying underground workings before, during, and after mining, which areas are not within the permit or affected area.
(G) "Angle of draw" means the angle with the vertical, made by a straight line extending away from the edge of the mined-out area to the ground surface, spanning the horizontal distance in which subsidence may occur.
(H) "Applicant" means any person seeking a permit, permit renewal or revision to a permit, or a transfer, assignment or sale of permit rights from the chief to conduct coal mining and reclamation operations.
(I) "Application" means the documents and other information filed with the chief under Chapter 1513. of the Revised Code, and rules adopted thereunder, for the issuance of a permit, permit renewal or revision to a permit, or for a transfer, assignment or sale of permit rights for coal mining and reclamation operations.
(J) "Approximate original contour" means that surface configuration achieved by backfilling and grading of a mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. Permanent water impoundments may remain where the chief determines that they are in compliance with division (A)(8) of section 1513.16 of the Revised Code.
(K) "Aquifer" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use.
(L) "Area mining" means a method of surface coal mining that involves making a series of parallel mining cuts against the highwall created from the initial mining cut. Spoil from each subsequent cut is placed in the preceding cut where coal has been removed and, as a result, area mining forms a series of parallel spoil ridges. Area mining along the contour differs from contour mining in that at least three successive parallel cuts are made from the initial cut.
(M) "Auger mining" means a method of mining coal at a highwall by drilling holes or cutting into an exposed coal seam from the highwall and transporting the coal along an auger bit or by conveyors or other means to the surface.
(N) "Backfill" or "backfilling" means to fill an excavation or pit with material to a predetermined configuration by reducing the peaks, valleys, and outslopes of the spoil, and filling the cut.
(O) "Base line pollution load" means the characterization of the material being discharged from or on the pollution abatement area, described in terms of mass loading for net acidity, total iron, total manganese, and total suspended solids, including seasonal variations and variations in response to precipitation events.
(P) "Best available technology economically achievable" means measures and practices which will abate or ameliorate to the maximum extent possible pollution discharges from or on the pollution abatement area. These measures include engineering, geochemical or other applicable practices.
(Q) "Best management practice" means a practice implemented during the mining and reclamation of remining sites that is designed to reduce, if not completely eliminate, the pre-existing water pollution problems. Best management practices are tailored to specific mining operations based largely on pre-existing site conditions, hydrology, and geology. Best management practices are designed to function in a physical and/or geochemical manner to reduce pollution loadings. These best management practices may include engineering, geochemical materials handling, daylighting, regrading, revegetation, diversion ditches or other applicable practices.
(R) "Best technology currently available" means equipment, devices, systems, methods, or techniques which:
(1) Will prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable state or federal laws;
(2) Will minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife, and related environmental values, and achieve enhancement of those resources where practicable; and
(3) Are currently available anywhere as determined by the chief. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds.
(S) "Cemetery" means any area of land where human bodies are interred.
(T) "Chief" means chief of the division of mineral resources management.
(U) "Coal exploration" means the field gathering of environmental data and surface or subsurface geologic, physical, or chemical data by trenching, drilling or other techniques that disturb the natural land surface and that are necessary to determine the quality and quantity of overburden and coal of an area.
(V) "Coal exploration permit" means a permit to conduct coal exploration operations that substantially disturb the natural land surface, issued by the chief pursuant to section 1513.072 of the Revised Code.
(W) "Coal mine waste" means coal processing waste and underground development waste.
(X) "Coal mining and reclamation operations" means coal mining operations and all activities necessary and incidental to the reclamation of such operations.
(Y) "Coal mining operation" means:
(1) Activities conducted on the surface of lands in connection with a coal mine, the removal of coal from coal refuse piles, and surface impacts incident to an underground coal mine. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining; the use of explosives and blasting; in situ distillation or retorting; leaching or other chemical or physical processing; and the cleaning, concentrating, or other processing or preparation of coal. Such activities also include the loading of coal at or near the mine site. Such activities do not include the following:
(a) The extraction of coal incidental to the extraction of other minerals if the weight of coal extracted is less than one-sixth the total weight of minerals removed, including coal;
(b) The extraction of coal as an incidental part of federal, state, or local highway or other government-financed construction when approved by the chief; or
(c) Coal exploration subject to section 1513.072 of the Revised Code; and
(2) The areas upon which such activities occur or where such activities disturb the natural land surface. Such areas include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or improvement or use of existing roads to gain access to the site of such activities, and for hauling, excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities. Separation by a stream, roadway, or utility easement does not preclude two or more contiguous tracts of land from being considered contiguous.
(Z) "Coal preparation" means chemical or physical processing and the cleaning, concentrating, or other processing or preparation of coal.
(AA) "Coal preparation plant" means a facility where coal is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation. It includes facilities associated with the coal preparation plant, including, but not limited to, the following: loading facilities; storage and stockpile facilities; sheds, shops, and other buildings; water treatment and water storage facilities; settling basins and impoundments; and coal processing and other waste disposal areas.
(BB) "Coal processing waste" means earth materials which are wasted or otherwise separated from the product coal after physical or chemical processing, cleaning, or concentrating of coal.
(CC) "Collateral bond" means an indemnity agreement in a sum certain payable only to the state and executed by the permittee or applicant as principal which is supported by one or more of the following:
(1) The deposit of cash in one or more federally insured accounts, payable only to the state upon demand;
(2) Negotiable bonds of the United States or the state of Ohio endorsed to the order of, and placed in the possession of, the state;
(3) Negotiable certificates of deposit, payable to, and in possession of, the state; or
(4) An irrevocable letter of credit of any bank organized or authorized to transact business in the state of Ohio, payable only to the state upon presentation by the chief.
(DD) "Combustible material" means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.
(EE) "Community or institutional building" means any building other than a public building or an occupied dwelling, which:
(1) Is used primarily for meetings, gatherings, or functions of local civic organizations or other community groups;
(2) Functions as an educational, cultural, historic, religious, scientific, correctional, mental health, or physical health care facility; or
(3) Is used for public services, including, but not limited to, water supply, power generation or sewage treatment.
(FF) "Compaction" means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment.
(GG) "Complete application" means an application for the issuance of a permit, permit renewal or revision to a permit, or for a transfer, assignment or sale of permit rights for coal mining and reclamation operations which contains all the information required under Chapter 1513. of the Revised Code and these rules and necessary to initiate processing and public review.
(HH) "Contour mining" means a method of surface coal mining that involves making an initial mining cut along the contour of a hillside to the maximum highwall height and then making subsequent cuts along the same contour, placing spoil in the preceding cut where the coal has been removed.
(II) "Cropland" means land used for the production of cultivated crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Land will not be considered as having been used for the production of cultivated crops on the basis of use as woodland or rangeland, or where the only cultivation has been disking to establish or help maintain grass used as a forage, or where the only cultivation has been disking to plant small grain for a quick cover to be used as forage and not as a grain crop.
(JJ) "Cumulative hydrologic impact assessment" means the assessment of the probable cumulative impact of all anticipated mining in the general and adjacent area upon the hydrologic balance of the area and particularly upon water availability.
(KK) "D permit" means a permit issued pursuant to an application filed with the division of mineral resources management pursuant to section 1513.07 of the Revised Code, effective September 1, 1981.
(LL) "Developed spring" means a spring regularly being used for domestic or agricultural purposes.
(MM) "Disturbed area" means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by coal mining operations. Those areas are classified as disturbed until reclamation is complete and the performance security or other assurance of performance required by section 1513.08 of the Revised Code is released.
(NN) "Diversion" means a channel, embankment, or other man-made structure constructed for the purpose of diverting water from one area to another.
(OO) "Downslope" means the land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor.
(PP) "Drainage plan" means a description or illustration of the method of collection, treatment, and discharge of all or any of the waters within, flowing onto, or being discharged from the permit area.
(QQ) "Effluent limitations" means a specific, numeric, measurable set of limits on the amount of various pollutants that are placed on point source discharges through the national pollutant discharge elimination system (NPDES). For a remining NPDES permit that uses non-numeric limitations, "effluent limitations" means the best management practice as required under that NPDES permit.
(RR) "Embankment" means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or for other similar purposes.
(SS) "Engineer" means a professional engineer registered in accordance with the requirements of Chapter 4733. of the Revised Code.
(TT) "Ephemeral stream" means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table.
(UU) "Excess spoil" means spoil material disposed of in a location other than the mined-out area, except that spoil material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain in non-steep slope areas shall not be considered excess spoil, provided that the blending will be done in accordance with paragraph (E) of rule 1501:13-9-14 of the Administrative Code.
(VV) "Existing structure" means a structure or facility used in connection with or to facilitate coal mining and reclamation operations for which construction began prior to August 16, 1982.
(WW) "Forfeiture of performance security" means that the chief shall proceed against the permittee in the manner set forth in rule 1501:13-7-06 of the Administrative Code.
(XX) "Fragile lands" means areas containing natural, ecologic, scientific, or esthetic resources that could be significantly damaged by coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, paleontological sites, national natural landmarks, areas where mining may result in flooding, environmental corridors containing a concentration of ecologic and esthetic features, and areas of recreational value due to high environmental quality.
(YY) "Fugitive dust" means that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or coal mining and reclamation operations or both. During coal mining and reclamation operations it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed.
(ZZ) "Full coal recovery" means recovery of a high percentage of the in-place coal reserve by pillar removal, longwall mining, or other underground mining method in which support is removed from the roof of the mine under a large enough area that a full or partial collapse or subsidence of the mine roof is planned as part of the method of mining.
(AAA) "General area" means, with respect to hydrology, the topographic and ground-water basin in and surrounding a permit area which is of sufficient size to include the area to be affected by all anticipated mining activities, including one or more watersheds containing perennial streams and ground-water zones, and to allow assessment of the probable cumulative impacts on the quality and quantity of surface and ground-water systems in the basins. Anticipated mining shall include, at a minimum, the entire projected lives, through performance security releases, of:
(1) The proposed operation;
(2) All existing operations; and
(3) Any operation for which a permit application has been submitted to the chief.
(BBB) "Grading" means the shaping of material to conform to the approved mining and reclamation plan.
(CCC) "Ground water" means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated.
(DDD) "Head-of-hollow fill" means a fill structure consisting of any material, other than organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow, measured at the steepest point, are greater than twenty degrees or the average slope of the profile of the existing hollow from the toe of the fill to the top of the fill is greater than ten degrees. In head-of-hollow fills the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.
(EEE) "Higher or better uses" means postmining land uses that have a higher economic value or nonmonetary benefit to the landowner or the community than the premining land uses.
(FFF) "Highwall" means the face of exposed overburden and coal in an open cut of a coal mining operation or for entry to underground mining operations.
(GGG) "Highwall remnant" means that portion of a highwall that remains after backfilling and grading of a remining permit area.
(HHH) "Historic lands" means areas containing historic, cultural, or scientific resources. Examples of historic lands include archeological sites, properties listed on or eligible for listing on a state or national register of historic places, national historic landmarks, properties having religious or cultural significance to native Americans or religious groups, and properties for which historic designation is pending.
(III) "Historically used for cropland" means:
(1) Lands that have been used for cropland for any five years or more out of the ten years immediately preceding the acquisition, including purchase, lease, or option, of the land for the purpose of conducting or allowing through resale, lease or option the conduct of coal mining and reclamation operations;
(2) Lands that the chief determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific five-years-in-ten criterion, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or
(3) Lands that would likely have been used as cropland for any five out of the last ten years, immediately preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.
(JJJ) "Hydrologic balance" means the relationship between the quality and quantity of inflow to, outflow from, and storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the quantity and quality relationships between precipitation, runoff, evaporation, and the change in ground and surface water storage.
(KKK) "Hydrologic regime" means the entire state of water movement in a given area. It is a function of the climate, and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form and falls as precipitation, moves then along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.
(LLL) "Imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirements of Chapter 1513. of the Revised Code or these rules in a coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury exists if a rational person, subjected to the same condition or practice giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement.
(MMM) "Impounding structure" means a dam, embankment or other structure used to impound sediment, water, slurry, or other liquid or semi-liquid material.
(NNN) "Impoundments" means all water, sediment, slurry or other liquid or semi-liquid holding structures and depressions, either naturally formed or artificially built.
(OOO) "Incremental area" for a particular permit year applies only to permits for which the applicant or permittee provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code and means:
(1) That area within the permit area which the permittee affects by coal mining and reclamation operations in the particular permit year and which the permittee does not intend to affect in the coming permit year; and
(2) In the permit year in which mining operations are completed on the permit area, all of the affected area not already designated as an incremental area under paragraph (A)(6)(a) of rule 1501:13-7-01 of the Administrative Code.
(PPP) "Incremental mining unit" applies only to permits for which the applicant or permittee provides performance security without reliance on the reclamation forfeiture fund in accordance with paragraph (C)(1) of rule 1501:13-7-01 of the Administrative Code. Incremental mining unit means an area within a permit of sufficient size and configuration to provide for efficient mining and reclamation operations, subject to approval by the chief, where mining and reclamation activities are authorized by the chief and a specific amount of performance security has been determined by the chief pursuant to paragraph (B) of rule 1501:13-7-01 of the Administrative Code.
(QQQ) "In situ processes" means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.
(RRR) "Intermittent stream" means a stream that is below the local water table and flows for at least some part of the year, and obtains its flow from both surface runoff and ground water discharge.
(SSS) "Knowing" or "knowingly" means, except where the context indicates otherwise, that a person who authorized, ordered, or carried out an act or omission knew or had reason to know that the act or omission would result in either a violation or a failure to abate or correct a violation.
(TTT) "Lands eligible for remining" means those lands that would otherwise be eligible for expenditures under section 1513.37 of the Revised Code.
(UUU) "Leachate" means a liquid that has percolated through soil, rock, or waste and has extracted dissolved or suspended materials.
(VVV) "Monitoring" means the collection of environmental data by either continuous or periodic sampling methods.
(WWW) "Mountaintop removal mining" means coal mining operations in which the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill except as otherwise provided for in paragraph (B)(1) of rule 1501:13-13-04 of the Administrative Code, by removing substantially all of the overburden off the bench and creating a level plateau or a gently rolling contour, with no highwalls remaining, and capable of supporting postmining land uses in accordance with the requirements of paragraph (C) of rule 1501:13-4-12 of the Administrative Code.
(XXX) "MSHA" means the mine safety and health administration.
(YYY) "Mulch" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing conditions suitable for germination and growth.
(ZZZ) "National pollutant discharge elimination system" and "NPDES" means the national permit program authorized under the Clean Water Act, 33 U.S.C. 1251 et seq., that controls water pollution by regulating point sources that discharge pollutants into waters of the United States.
(AAAA) "Natural hazard lands" means geographic areas in which natural conditions exist which pose or, as a result of coal mining operations, may pose a threat to the health, safety, or welfare of people, property or the environment, including areas subject to landslides, cave-ins, severe wind or soil erosion, frequent flooding, avalanches, and areas of unstable geology.
(BBBB) "Notice of intention to explore" means the documents and other information filed with the chief for coal exploration, pursuant to section 1513.072 of the Revised Code and rule 1501:13-4-02 of the Administrative Code.
(CCCC) "Noxious plants" means species that have been included on the official list of noxious plants for the state of Ohio.
(DDDD) "Occupied dwelling" means any building that is currently being used on a regular or temporary basis for human habitation.
(EEEE) "Operation" means coal mining operation.
(FFFF) "Operator" means any person conducting a coal mining operation and includes the permittee if the permittee is conducting the mining operation or a contract operator if a person under contract with the permittee is conducting the mining operation.
(GGGG) "Overburden" means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.
(HHHH) "Perennial stream" means a stream or a part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include intermittent stream or ephemeral stream.
(IIII) "Performance security" means a form of financial assurance, including a surety bond; a collateral bond; a trust fund; a self bond; or a combination thereof, by which a permittee assures faithful performance of all the requirements of Chapter 1513. of the Revised Code, these rules, and the requirements of the permit and reclamation plan.
(JJJJ) "Permanent diversion" means a diversion remaining after coal mining and reclamation operations are completed which has been approved for retention by the chief.
(KKKK) "Permanent impoundment" means an impoundment which is approved by the chief and, if required, by other state and federal agencies for retention as part of the postmining land use.
(MMMM) "Permit area" means the area of land to be affected indicated on the approved map submitted by the applicant or operator with the application required by section 1513.07 or 1513.074 of the Revised Code. This area shall include, at a minimum, all areas which are or will be affected by the coal mining and reclamation operations during the term of the permit. With respect to underground mining operations, "permit area" shall not include those surface areas overlying underground workings and not included within the affected area.
(NNNN) "Permit year" means the year beginning on the date on which the permit was issued or the year beginning on any yearly anniversary of the permit issuance. Permit years are identified by sequence. For example, the permit year beginning on the date the permit was issued is the "first permit year," the permit year beginning on the first yearly anniversary of the permit is the "second permit year," and so on.
(OOOO) "Permittee" means a person holding or required by Chapter 1513. of the Revised Code to hold a permit.
(PPPP) "Person" means an individual, partnership, corporation, business trust, estate, trust, association or other legal entity, or any political subdivision, instrumentality or agency of the state or the United States.
(QQQQ) "Person having an interest which is or may be adversely affected or person with a valid legal interest" means any person:
(1) Who uses any resource of economic, recreational, esthetic, or environmental value that may be adversely affected by coal exploration or coal mining and reclamation operations or any related action of the chief; or
(2) Whose property is or may be adversely affected by coal exploration or coal mining and reclamation operations or any related action of the chief.
(RRRR) "Pit" or "strip mine pit" means that part of the operation prior to backfilling from which coal is being or has been removed from its natural state.
(SSSS) "Point source discharge" means any discernible, confined or discrete conveyance from which a pollutant is, or may be, discharged to the waters of the state.
(TTTT) "Pollution abatement area" means that part or parts of the permit area which are causing or contributing to the base line pollution load, and which must be affected to bring about potential improvement of the base line pollution load, and which may include the immediate location of the discharge(s). The pollution abatement area shall include, to the extent practicable, areas within the permit area which are adjacent to and nearby the remining operation and which also must be affected to reduce the pollution load of the pre-existing discharges, and may include the immediate location of the pre-existing discharges.
(UUUU) "Precipitation event" means a quantity of water resulting from drizzle, rain, snow, sleet, hail, or that quantity of water emanating from snow cover as snowmelt in a limited period of time.
(VVVV) "Pre-existing discharge" means a discharge from surface or subsurface waters which is located on previously mined area as defined in this rule. This term shall include a pre-existing discharge that is relocated as a result of the implementation of best management practices in the permit.
(WWWW) "Previously mined area" means land affected by coal mining operations prior to August 3, 1977 that has not been reclaimed to the standards of Chapter 1513. of the Revised Code, as effective September 1, 1981 and thereafter.
(XXXX) "Prime farmland" means those lands that both:
(1) Are defined by the secretary of agriculture in 7 C.F.R. 657; and
(2) Have been historically used for cropland.
(YYYY) "Principal shareholder" means any person who is the record or beneficial owner of ten per cent or more of any class of voting stock.
(ZZZZ) "Probable hydrologic consequences" means the projected result of proposed coal mining and reclamation operations which may reasonably be expected to change the quantity or quality of the surface and ground water, the flow, timing, or pattern of the surface and ground water, and the stream channel conditions on the permit area and adjacent area.
(AAAAA) "Productivity" means the vegetative yield produced by a unit area for a unit of time.
(BBBBB) "Property to be mined" means the surface estates and mineral estates within the permit area. For those areas covered by underground workings, "property to be mined" means the mineral estates to be mined and the surface estates.
(CCCCC) "Public building" means any building that is owned by a public agency or used primarily for public business or meetings.
(DDDDD) "Public park" means an area or portion of an area dedicated or designated by any federal, state, or local agency primarily for public recreational use, whether or not such is limited to certain times or days, including any land leased, reserved, or held open to the public because of that use.
(EEEEE) "Public roadway" means a road which is:
(1) Designated as a public road in the jurisdiction within which it is located;
(2) Constructed in a manner consistent with other public roads within the jurisdiction within which it is located;
(3) Regularly maintained with public funds; and
(4) Subject to, and available for, substantial use by the public.
(FFFFF) "Publicly owned park" means a public park that is owned by a federal, state or local governmental entity.
(GGGGG) "Reasonably available spoil" means spoil and suitable coal mine waste material generated by the remining operation or other spoil or suitable coal mine waste material located in the permit area and in the immediate vicinity of the permit area that is accessible and available for use and that, when rehandled, will not cause a hazard to public safety or significant damage to the environment.
(HHHHH) "Recharge capacity" means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.
(IIIII) "Receiving water" means the specific water body of the waters of the state into which point and non-point sources flow.
(JJJJJ) "Reclamation" means those actions taken to restore mined land as required by Chapter 1513. of the Revised Code to a postmining land use approved by the chief.
(KKKKK) "Recurrence interval" means the interval of time in which a precipitation event is expected to occur once, on the average. Magnitude of such events are as defined by the "National Weather Service Technical Paper No. 40, Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments or equivalent regional or rainfall probability information developed therefrom. This technical report is available from NOAA's national weather service website http://www.nws.noaa.gov/ohd/hdsc/currentpf.htm.
(LLLLL) "Refuse pile" means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or semi-liquid material.
(MMMMM) "Remining" means conducting coal mining and reclamation operations which affect previously mined areas.
(NNNNN) "Remining NPDES permit" means a national pollutant discharge elimination system permit issued by the Ohio environmental protection agency for a discharge which is in compliance with the permit requirements of 33 U. S.C. section 1311(p).
(OOOOO) "Renewable resource lands" means aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazing lands.
(PPPPP) "Road" means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches and surface. The term includes any access or haul road constructed, used, reconstructed, improved, or maintained for use in coal exploration or within the affected area of coal mining and reclamation operations, including use by coal hauling vehicles leading to transfer, processing, or storage areas. The term does not include ramps and routes of travel within the mining area or within spoil or coal mine waste disposal areas. The term may not include public roadways outside the permitted area, provided that the public roadway was in existence prior to the application for the permit, the effect on the public roadway from mining use will be minor, and the public roadway is incidentally, rather than directly, part of the mining operation.
(QQQQQ) "Rules promulgated thereunder," "rules adopted thereunder," or "these rules" means all rules contained in Chapters 1501:13-1 to 1501:13-14 of the Administrative Code.
(RRRRR) "Runoff" means the overland flow caused by excess rainfall.
(SSSSS) "Safety factor" means the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.
(TTTTT) "Sediment" means undissolved organic and inorganic material transported or deposited by water.
(UUUUU) "Sedimentation pond" means an impoundment used to remove solids from water in order to meet water quality standards or effluent limitations before the water leaves the permit area.
(VVVVV) "Self-bond" means an indemnity agreement in a sum certain payable upon demand to the state executed by the permittee or applicant and by each individual and business organization capable of influencing and controlling the investment or financial practices of the permittee or applicant by virtue of his or her authority as an officer or ownership of all or a significant part of the permittee or applicant.
(WWWWW) "Shadow area" means the surface areas above the underground workings and surface areas that are within the angle of draw of such workings.
(XXXXX) "Significant, imminent environmental harm to land, air or water resources" means:
(1) An environmental harm is an adverse impact on land, air, or water resources which resources include, but are not limited to, plant and animal life.
(2) An environmental harm is imminent, if a condition, practice, or violation exists which:
(a) Is causing such harm; or
(b) May reasonably be expected to cause such harm at any time before the end of the reasonable abatement time that would be set under section 1513.02 of the Revised Code.
(3) An environmental harm is significant if that harm is appreciable and not immediately reparable.
(YYYYY) "Slope" means average inclination of a surface, measured from the horizontal.
(ZZZZZ) "Soil horizons" means contrasting layers of soils parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The four master soil horizons are:
(1) "A horizon." The uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest;
(2) "E horizon." The layer commonly near the surface below an A horizon and above a B horizon. An E horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties;
(3) "B horizon." The layer that typically is immediately beneath the E horizon. This middle layer commonly contains more clay, iron, or aluminum than the A, E or C horizon; and
(4) "C horizon." The deepest layer of the soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.
(AAAAAA) "Soil survey" means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil surveys must meet the standards of the national cooperative soil survey.
(BBBBBB) "Spoil" means overburden that has been removed during coal mining operations, including underground development materials, but does not include topsoil.
(CCCCCC) "Stabilize" means any method used to control movement of soil, spoil piles, or areas of disturbed earth and includes, but is not limited to, increasing bearing capacity, increasing shear strength, draining, compacting or revegetating.
(DDDDDD) "Subirrigation" means the supplying of water to plants from underneath or from a semisaturated or saturated subsurface zone where water is available for use by vegetation.
(EEEEEE) "Subsoil" means the B and C horizons or, in instances where the area has been disturbed by agricultural practices, that soil below the soil ordinarily moved in the tillage or its equivalent in uncultivated soil.
(FFFFFF) "Substantial legal and financial commitments in a coal mining operation" means significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities and other capital-intensive activities. An example would be an existing mine, not actually producing coal, but in a substantial stage of development prior to production. Costs of acquiring the coal in place or of the right to mine it without an existing mine, as described in the above example, alone are not sufficient to constitute substantial legal and financial commitments.
(GGGGGG) "Substantially disturb" means, for purposes of coal exploration, to affect significantly land or water resources by blasting, by removal of vegetation, topsoil, or overburden, by construction of roads or other access routes, by placement of excavated earth or waste material on the natural land surface, or by other such activities.
(HHHHHH) "Support facilities" means those facilities resulting from or incident to coal mining and reclamation operations and the areas upon which such facilities are located. Support facilities may consist of, but are not limited to, the following facilities: mine buildings; bathhouses; coal loading facilities, coal crushing facilities; coal sizing facilities; coal storage facilities, equipment and storage facilities; fan buildings; hoist buildings; sheds, shops, and other buildings; facilities used to treat and store water for mine consumption; and railroads, surface conveyor systems, chutes, aerial tramways, or other transportation facilities, but not including public roads. "Resulting from or incident to" an activity connotes an element of proximity to that activity.
(IIIIII) "Surety bond" means an indemnity agreement in a sum certain payable only to the state, executed by the permittee or applicant as principal and which is supported by the performance guarantee of a corporation licensed to do business as a surety in this state.
(JJJJJJ) "Surface mining operations" means those coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location.
(KKKKKK) "Surface water" means water, either flowing or standing on the surface of the earth.
(LLLLLL) "Surveyor" means a professional surveyor registered in accordance with the requirements of Chapter 4733. of the Revised Code.
(MMMMMM) "Suspended solids" or "nonfilterable residue," expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the environmental protection agency's regulations for wastewater and analyses ( 40 C.F.R. part 136 ).
(NNNNNN) "Temporary diversion" means a diversion of a stream or overland flow which is used during coal exploration or coal mining and reclamation operations and not approved by the chief to remain after reclamation as part of the approved postmining land use.
(OOOOOO) "Temporary impoundment" means an impoundment used during coal mining and reclamation operations, but not approved by the chief to remain as part of the approved postmining land use.
(PPPPPP) "Topsoil" means the A and E horizon layers, or in instances in which the area has been disturbed by agricultural practices, the soil ordinarily moved in tillage, or its equivalent in uncultivated soil.
(QQQQQQ) "Toxic forming materials" means earth materials or wastes having a pH of less than 4.0 or a calcium carbonate deficiency of five tons or more per one thousand tons of material. By order of the chief, such other earth materials or wastes shall be designated toxic which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.
(RRRRRR) "Toxic-mine drainage" means water that is discharged from active or abandoned mines and other areas affected by coal mining operations and which contains a substance which, through chemical action or physical effects, is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it.
(SSSSSS) "Transfer, assignment, or sale of permit rights" means a change of a permittee, including, but not limited to, any fundamental legal change in the structure or nature of a permittee or a name change.
(TTTTTT) "Trust fund" means money, securities or other property held by a trustee for the benefit of the state that is devoted to the purpose of providing assurance that funds will be available when needed to comply with Chapter 1513. of the Revised Code and rules adopted thereunder and that irrevocably establishes the state as the primary beneficiary.
(UUUUUU) "Unanticipated event or conditions" as used in rule 1501:13-5-01 of the Administrative Code, means an event or condition related to prior mining activity which arises from a surface coal mining and reclamation operation on lands eligible for remining and was not contemplated in the applicable permit.
(VVVVVV) "Underground development waste" means waste-rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings in connection with underground mining operations.
(WWWWWW) "Underground mining operations" means underground mining surface operations and underground workings.
(XXXXXX) "Underground mining surface operations" means the surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities including hoists and ventilating ducts, areas utilized for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed.
(YYYYYY) "Underground workings" means underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing and underground mining, hauling, storage and blasting.
(ZZZZZZ) "Unwarranted failure to comply" means the failure of the permittee to prevent the occurrence of any violation of the permit or any requirement of Chapter 1513. of the Revised Code or these rules, due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or Chapter 1513. of the Revised Code or these rules due to indifference, lack of diligence, or lack of reasonable care.
(AAAAAAA) "Valid existing rights" means a set of circumstances under which a person demonstrates compliance with the standards under paragraph (A) or (B) of rule 1501:13-3-01 of the Administrative Code and may, subject to the chief's approval, conduct coal mining operations on lands where division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code would otherwise prohibit such operations.
(BBBBBBB) "Valley fill" means a fill structure consisting of any material, other than organic material, that is placed in a valley where side slopes of the existing valley, measured at the steepest point, are greater than twenty degrees, or where the average slope of the profile of the existing valley from the toe of the fill to the top of the fill is greater than ten degrees.
(1) A failure to comply with an applicable provision of a federal or state law or regulation pertaining to air or water environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or
(2) A noncompliance for which the chief has provided one or more of the following types of notice, or the office of surface mining of the U.S. department of the interior or another state regulatory authority has provided equivalent notice under corresponding provisions of the federal regulatory program or a state regulatory program:
(a) A notice of violation;
(b) A cessation order;
(c) A final order, bill, or demand letter pertaining to a delinquent civil penalty;
(d) A bill or demand letter pertaining to delinquent reclamation fees owed to the office of surface mining of the U.S. department of the interior under 30 C.F.R. Part 870; or
(e) A performance security or bond forfeiture order.
(DDDDDDD) "Violation notice," for the purposes of rule 1501:13-4-03, paragraph (D) of rule 1501:13-5-01, and rule 1501:13-5-02 of the Administrative Code, means any written notification from a regulatory authority or other governmental entity of a violation , as specified in the definition of "violation" in this rule.
(EEEEEEE) "Water table" means the upper surface of a zone of saturation where the body of ground water is not confined by an overlying impermeable zone.
(FFFFFFF) "Water quality standards" means the rules set forth in Chapter 3745-1 of the Administrative Code establishing stream use designations and water quality criteria protective of such uses for the surface waters of the state.
(GGGGGGG) "Willful violation" means an act or omission which violates a provision of Chapter 1513. of the Revised Code or these rules, other applicable state or federal laws, or a condition of a permit, committed by a person who intends the result which actually occurs.
(HHHHHHH) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.
R.C. 119.032 review dates: 10/12/2011 and 12/20/2016
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.01, 1513.02, 1513.07, 1513.073, 1513.16
Prior Effective Dates: 8/16/82 (Emer.), 11/15/82, 5/2/83 (Emer.), 8/16/83, (Emer.), 11/23/83 (Emer.), 2/1/84, 10/1/88, 12/27/90, 1/1/93, 11/27/93, 12/7/95, 3/31/97, 10/16/97, 4/15/04, 04/30/09, 10/28/10
(A) The chief of the division of mineral resources management shall:
(1) Provide advice, assistance, and guidance to all employees of the division of mineral resources management required to file statements pursuant to paragraph (F) of this rule;
(2) Promptly review the statement of employment and financial interests and supplements, if any, filed by each employee, to determine if the employee has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in a coal mining operation;
(3) Resolve prohibited financial interest situations by ordering or initiating remedial action or by reporting the violations to the director of the office of surface mining reclamation and enforcement;
(4) Certify on each statement that review has been made, that prohibited financial interests, if any, have been resolved, and that no other prohibited interests have been identified from the statement;
(5) Submit to the director of the office of surface mining reclamation and enforcement such statistics and information as he or she may request;
(6) Submit to the director of the office of surface mining reclamation and enforcement the initial listing and the subsequent annual listings of positions as required by paragraphs (F)(1) to (F)(3) of this rule;
(7) Furnish a blank statement forty-five days in advance of the filing date established by paragraph (G)(1) of this rule to each employee required to file a statement; and
(8) Annually inform each employee required to file a statement with the chief of the name, address, and telephone number of the person whom the employee may contact for advice and counseling.
(B) Employees performing any duties or functions under Chapter 1513. of the Revised Code shall:
(1) Have no direct or indirect financial interest in coal mining operations;
(2) File a fully completed statement of employment and financial interest upon entrance to duty, and annually thereafter on the specified filing date; and
(3) Comply with directives issued by persons responsible for approving each statement and comply with directives issued by those persons responsible for ordering remedial action.
(C) Members of the reclamation commission shall recuse themselves from proceedings which may affect their direct or indirect financial interests.
(D) Definitions. For purposes of this rule:
(1) "Coal mining operation" means the business of developing, producing, preparing or loading coal, or of reclaiming the areas upon which such activities occur.
(2) "Employee" as used in this rule means any person employed by the state who performs any function or duty under Chapter 1513. of the Revised Code. However, members of the reclamation commission and members of the reclamation forfeiture fund advisory board are not included within the meaning of this definition.
(3) "Performing any function or duty under Chapter 1513. of the Revised Code" means those decisions or actions which, if performed or not performed by an employee, affect the regulatory program administered under Chapter 1513. of the Revised Code.
(4) "Direct financial interest" means ownership or part ownership of lands, stocks, bonds, debentures, warrants, partnership shares, or other holdings and also means any other arrangement where the employee may benefit from his or her holding in or salary from coal mining operations. Direct financial interests include employment, pensions, creditor, real property and other financial relationships.
(5) "Indirect financial interest" means the same financial relationships as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child and other relatives, including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest.
(6) "Prohibited financial interest," means any direct or indirect financial interest in any coal mining operation.
(E) An employee who fails to file the required statement will be considered in violation of the intended employment provisions of section 1513.04 of the Revised Code and will be subject to removal from his or her position.
(F) Who shall file.
(1) Any employee who performs any function or duty under Chapter 1513. of the Revised Code is required to file a statement of employment and financial interest. Members of the reclamation commission and members of the reclamation forfeiture fund advisory board are required to file a statement of employment and financial interests. An employee who occupies a position which has been determined by the chief not to involve performance of any function or duty under Chapter 1513. of the Revised Code or who is no longer employed by the chief at the time a filing is due, is not required to file a statement.
(2) The chief of the division of mineral resources management shall:
(a) Prepare a list of those positions within the division of mineral resources management that do not involve performance of any functions or duties under Chapter 1513. of the Revised Code;
(b) Prepare and submit to the director of the office of surface mining reclamation and enforcement an initial listing of positions that do not involve performance of any functions or duties under Chapter 1513. of the Revised Code.
(3) The chief of the division of mineral resources management shall annually review and update this listing. The listing must be submitted to the director of the office of surface mining reclamation and enforcement and must contain a written justification for inclusion of the positions listed. Proposed revisions or a certification that revision is not required shall be submitted to the director by no later than September thirtieth of each year. The chief of the division of mineral resources management may revise the listing by the addition or deletion of positions at any time he or she determines such revisions are required to carry out the purpose of section 1513.04. of the Revised Code or this rule. Additions to and deletions from the listing of positions are effective upon notification to the incumbents of the positions added or deleted.
(G) When to file.
(1) Employees performing functions or duties under Chapter 1513. of the Revised Code, and members of the reclamation commission and members of the reclamation forfeiture fund advisory board, shall file annually on February first of each year or at such other date as may be agreed to by the director of the office of surface mining reclamation and enforcement.
(2) Employees hired, appointed, or transferred to perform functions or duties under Chapter 1513. of the Revised Code, and members of the reclamation commission and members of the reclamation forfeiture fund advisory board, shall be required to file at the time of entrance to duty.
(3) A new employee, and a new member of the reclamation commission or the reclamation forfeiture fund advisory board, is not required to file an annual statement on the subsequent annual filing date if this date occurs within two months after his or her initial statement was filed.
(H) Where to file.
The chief of the division of mineral resources management shall file his or her statement with the director of the office of surface mining reclamation and enforcement . All other employees, as provided in paragraph (F)(1) of this rule, and members of the reclamation commission and members of the reclamation forfeiture fund advisory board, shall file their statements with the chief of the division of mineral resources management.
(I) What to file.
(1) Each employee and member of the reclamation commission and member of the reclamation forfeiture fund advisory board shall report all information required on the statement of employment and financial interests of the employee or member, his or her spouse, minor children, or other relatives who are full-time residents of the employee's or member's home. The report shall be on "OSM Form 23" as provided by the office of surface mining reclamation and enforcement. The statement shall consist of three major parts:
(a) A listing of all financial interests, including employment, security, real property, creditor, and other financial interests held during the course of the preceding year;
(b) A certification that none of the listed financial interests represent a direct or indirect financial interest in a coal mining operation except as specifically identified and described by the employee or member of the reclamation commission or the reclamation forfeiture fund advisory board as part of the certificate; and
(c) A certification by the reviewer that the form was reviewed, that prohibited interests have been resolved, and that no other prohibited interests have been identified from the statement.
(2) Listing of all financial interests. The statement shall set forth the following information regarding any financial interest:
(a) Employment. Any continuing financial interests in business entities and nonprofit organizations through a pension or retirement plan, shared income, salary or other income arrangement as a result of prior or current employment. The employee or member of the reclamation commission or the reclamation forfeiture fund advisory board, his or her spouse, or other resident relative is not required to report a retirement plan from which he or she will receive a guaranteed income, that is, income which is unlikely to be changed as a result of actions taken by the division of mineral resources management.
(b) Securities. Any financial interest in business entities and nonprofit organizations through ownership of stock, stock options, bonds, securities, or other arrangements including trusts. An employee or a member of the reclamation commission or the reclamation forfeiture fund advisory board is not required to report holdings in widely diversified mutual funds, investment clubs, or regulated investment companies not specializing in coal mining operations.
(c) Real property. Ownership, lease, royalty, or other interests or rights in lands or minerals. Employees or members of the reclamation commission or the reclamation forfeiture fund advisory board are not required to report lands developed and occupied for a personal residence.
(d) Creditors. Debts owed to business entities and nonprofit organizations.
Employees or members of the reclamation commission or the reclamation forfeiture fund advisory board are not required to report debts owed to financial institutions (banks, savings and loan associations, credit unions, and the like) which are chartered to provide commercial or personal credit. Also excluded are charge accounts and similar short term debts for current and ordinary household and living expenses.
(3) Employee certification, and, if applicable, a listing of exceptions.
(a) The statement shall provide for a signed certification by the employee or the member of the reclamation commission or the reclamation forfeiture fund advisory board that to the best of his or her knowledge:
(i) None of the listed financial interests represent an interest in a coal mining operation except as specifically identified and described as exceptions by the employee or the member of the reclamation commission or the reclamation forfeiture fund advisory board as part of the certificate; and
(ii) The information shown on the statement is true, accurate, and complete.
(b) An employee or a member of the reclamation commission or the reclamation forfeiture fund advisory board is expected to:
(i) Have complete knowledge of his or her personal involvement in business enterprises such as sole proprietorship and partnership, his or her outside employment, and the outside employment of the spouse and other covered relatives; and
(ii) Be aware of the information contained in the annual financial statement or other corporate or business reports routinely circulated to investors or routinely made available to the public.
(c) The exceptions shown in the employee certification of the form must provide enough information for the chief of the division of mineral resources management to determine the existence of a direct or indirect financial interest and shall include:
(i) A list of financial interests;
(ii) The number of shares, estimated value, or annual income of the financial interests; and
(iii) Any other information that an employee believes should be considered in determining whether the interest represents a prohibited interest or that a member of the reclamation commission believes would support recusal of him or herself from participation in a particular proceeding before the reclamation commission.
(4) Employees are cautioned to give serious consideration to their direct and indirect financial interests before signing the statement of certification pursuant to paragraph (I)(3) of this rule. Signing the certification without listing known prohibited financial interests may be cause for imposing on an employee the penalty prescribed in paragraph (E) of this rule.
(J) Gifts and gratuities.
(1) Except as provided in paragraph (J)(2) of this rule, employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a coal company which:
(a) Conducts or is seeking to conduct, operations, or activities that are regulated by the division of mineral resources management; or
(b) Has interest that may be substantially affected by the performance or nonperformance of the employee's official duty.
(2) The prohibitions in paragraph (J)(1) of this rule do not apply in the context of obvious family or personal relationships, such as those between the parents, children or spouse of the employee and the employee, when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors. Any employee may accept:
(a) Food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon, dinner, or other meeting where an employee may properly be in attendance, provided the nominal value of food, refreshment, unsolicited advertising or promotional materials accepted from a single coal company does not exceed twenty dollars in one year; and
(b) Unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars and other items of nominal value.
(K) The chief shall take the following actions to resolve prohibited interests:
(1) If an employee has a prohibited financial interest, the chief of the division of mineral resources management shall promptly advise the employee, in the form of an order, that remedial action which will resolve the prohibited interest is required within ninety days. Remedial action may include:
(a) Reassignment of the employee to a position which performs no function or duty under Chapter 1513. of the Revised Code; or
(b) Divestiture of the prohibited financial interest; or
(c) Other appropriate action which either eliminates the prohibited interest or eliminates the situation which creates the conflict;
(2) If, ninety days after an employee is notified pursuant to paragraph (K)(1) of this rule to take remedial action, that employee is not in compliance with the requirements of Chapter 1513. of the Revised Code and this rule, the chief of the division of mineral resources management shall report the facts to the director of the office of surface mining reclamation and enforcement. The report to the director shall include the original or a certified true copy of the employee's statement and any other information pertinent to the director's determination, including a statement of actions being taken at the time the report is made.
(L) Appeals procedures. Employees have the right to appeal an order for remedial action under paragraph (K) of this rule and shall have thirty days to exercise this right before disciplinary action is initiated.
(1) An employee, other than the chief of the division of mineral resources management or a hearing officer of the reclamation commission, may file an appeal in writing with the chief, who will conduct an informal hearing on the merits.
(2) The chief of the division of mineral resources management or a hearing officer of the reclamation commission may file an appeal in writing with the director of the office of surface mining reclamation and enforcement, who will refer it to the conflict of interest appeals board within the United States department of the interior.
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.04, 1513.05, 1513.182
Prior Effective Dates: 8/16/82 (Emer.), 10/27/82, 12/27/90, 10/16/97, 4/15/04
(A) Definitions. As used in this rule:
(1) "Extraction of coal as an incidental part" means the extraction of coal which is necessary to enable the construction to be accomplished. For purposes of this rule, only that coal extracted from within the right-of-way and borrow areas, in the case of a road, railroad, utility line or other such construction, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of Chapter 1513. of the Revised Code.
(2) "Government financing agency" means a federal, state, county, municipal, or local unit of government, or a department, bureau, agency or office of the unit which, directly or through another unit of government, finances construction.
(3) "Government-financed construction" means construction funded fifty per cent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds, but shall not mean government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent or in-kind payments. Funding at less than fifty per cent may qualify if the project is eligible under section 1513.37 of the Revised Code and the construction is undertaken as an approved reclamation project under section 1513.30 or 1513.37 of the Revised Code.
(B) Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, on the site of the construction operation, the documentation required by paragraphs (E) to (E)(4) of this rule.
(1) Determinations. The division of mineral resources management shall determine:
(a) The likelihood of the coal being mined under a permit issued under section 1513.07 of the Revised Code considering the coal reserves from existing mine maps or other sources, the existing environmental conditions, all prior mining activity on or adjacent to the site, current and historic coal production in the area, and any known or anticipated interest in mining the site;
(b) The likelihood that nearby or adjacent mining activities might create new environmental problems or adversely affect existing environmental problems at the site; and
(c) The likelihood that reclamation activities at the site might adversely affect nearby or adjacent mining activities.
(2) Concurrence. The regulatory program coordinator and the abandoned mine lands program coordinator must concur on determinations of the limits on any coal refuse, coal waste, or other coal deposits which can be extracted under this exemption and in the delineation of the boundaries of the AML project.
(3) Documentation. The AML case file must include the determinations made under paragraphs (C)(1) and (C)(2) of this rule, the information taken into account in making these determinations, and the names of the parties making the determinations.
(4) Special requirements. For each exempt project the division must:
(a) Characterize the site in terms of mine drainage, active slides and slide-prone areas, erosion and sedimentation, vegetation, toxic materials, and hydrologic balance;
(b) Ensure that the reclamation project is conducted in accordance with the provisions of the AML program and procedures as approved by the U.S. secretary of interior under 30 C.F.R. Chapter VII, Subchapter R;
(c) Develop site-specific reclamation requirements, including a contract performance bond, when appropriate, in accordance with approved AML procedures; and
(d) Require the contractor conducting the reclamation to provide, prior to the time reclamation begins, applicable documents that clearly authorize the extraction of coal and payment of royalties.
(5) Limitations. If the reclamation contractor extracts coal beyond the limits of the incidental coal specified in paragraph (C)(2) of this rule, the contractor must obtain a permit under section 1513.07 of the Revised Code for such coal.
(1) Coal extraction which is an incidental part of government-financed construction is exempt from Chapter 1513. of the Revised Code.
(2) Any person who conducts or intends to conduct coal extraction which does not satisfy paragraph (C)(1) of this rule shall not proceed until a permit has been obtained from the chief of the division of mineral resources management.
(E) Any person extracting coal incident to government-financed highway or other construction shall maintain, on the site of the extraction operation and available for inspection, documents which show:
(1) A description of the construction project;
(2) The exact location of the construction, right-of-way or the boundaries of the area which will be directly affected by the construction;
(3) The government agency which is providing the financing and the kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing; and
(4) Acres from which coal will be removed.
(F) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.01, 1513.07, 1513.30, 1513.37
Prior Effective Dates: 8/16/82 (Emer.), 10/27/82, 10/16/97, 9/9/99, 4/15/04, 4/30/09
Unless expressly provided to the contrary by any rule or any section of the Revised Code, rules contained in rules 1501:13-1-01 to 1501:13-14-06 of the Administrative Code, shall apply to, and be the rules of, any division or other unit of the department of natural resources which, by virtue of a consolidation or reorganization pursuant to section 121.07 of the Revised Code, or by legislative action, shall succeed to the responsibility of the division of mineral resources management to administer and enforce Chapter 1513. of the Revised Code.
119.032 review dates:
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.02
Prior Effective Dates: 8/28/78, 8/16/82 (Emer.), 10/27/82, 5/29/95, 10/16/97, 4/15/04
The validity of any rule or portion thereof, adopted or amended by the chief of the division of mineral resources management pursuant to Chapter 1513. of the Revised Code shall not be affected by the invalidity of any other rule or portion thereof adopted or amended thereunder by the chief.
(A) Any person may petition the chief to initiate a proceeding for the issuance, amendment, or repeal of any rule under Chapter 1513. of the Revised Code. The petition shall be submitted to the chief at the address of "Division of Mineral Resources Management, Ohio Department of Natural Resources, 2045 Morse Road, Building H-3, Columbus, Ohio 43229."
(B) The petition shall be a concise statement of the facts, technical justification, and law which require issuance, amendment, or repeal of a rule under Chapter 1513. of the Revised Code and shall indicate whether the petitioner desires a public hearing.
(C) Upon receipt of the petition, the chief shall determine if the petition sets forth facts, technical justification and law which may provide a reasonable basis for issuance, amendment or repeal of a rule. Facts, technical justification, or law previously considered in a petition or rule making on the same issue shall not provide a reasonable basis. If the chief determines that the petition has a reasonable basis, a notice shall be published one time in three newspapers published in different counties and of general circulation in the state seeking comments from the public on the proposed change. The chief may hold a public hearing, may conduct an investigation or take other action to determine whether the petition should be granted.
(D) Within ninety days from receipt of the petition, the chief shall issue a written decision either granting or denying the petition.
(1) If the petition is granted, the chief shall initiate a rule making proceeding under Chapter 119. of the Revised Code.
(2) If the petition is denied, the chief shall notify the petitioner in writing, setting forth the reasons for denial.
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.02
Prior Effective Dates: 8/28/78, 8/16/82 (Emer.), 10/27/82, 10/16/97, 4/15/04
(A) A person who intends to initiate a civil action on his or her own behalf under division (B) of section 1513.15 of the Revised Code shall give written notice of intent to do so in accordance with this rule.
(B) Notice shall be given by certified mail to the chief and the alleged violator, if the complaint alleges a violation of Chapter 1513. of the Revised Code or any rule, order, or permit issued under Chapter 1513. of the Revised Code.
(C) Service of notice under this rule is complete upon mailing to the last known address of the person being notified.
(D) A person giving notice regarding an alleged violation shall state, to the extent known:
(1) Sufficient information to identify the provision of Chapter 1513. of the Revised Code, rule, order, or permit allegedly violated;
(2) The act or omission alleged to constitute a violation;
(3) The name, address, and telephone numbers of the person or persons responsible for the alleged violation;
(4) The date, time, and location of the alleged violation;
(5) The name, address, and telephone number of the person giving notice,; and;
(6) The name, address, and telephone number of legal counsel, if any, of the person giving notice.
(E) A person giving notice of an alleged failure by the chief to perform a mandatory act or duty under Chapter 1513. of the Revised Code shall state, to the extent known:
(1) The provision of Chapter 1513. of the Revised Code containing the mandatory act or duty allegedly not performed;
(2) Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under Chapter 1513. of the Revised Code;
(3) The name, address, and telephone number of the person giving notice; and
(4) The name, address, and telephone number of legal counsel, if any, of the person giving notice.
(A) The chief shall make available to the public for inspection and copying, at reasonable times, all documents relating to:
(1) Applications for permits, revisions, renewals, and transfers, assignments or sales of permit rights; and
(2) Inspection and enforcement actions.
(1) Copies of such records, reports, inspection materials or information obtained by the chief shall be made immediately available to the public at the local district offices of the division of mineral resources management closest to the coal mining and reclamation operations until at least five years after expiration of the period during which the subject operation is active or is covered by any portion of a reclamation performance security.
(2) To ensure compliance with paragraph (B)(1) of this rule the chief shall, at the division of mineral resources management district office responsible for inspection of the operation, either:
(a) Make copies of all records, reports, inspection materials, and other subject information available for public inspection; or
(b) Post for public inspection a description of the information available for mailing and a procedure for obtaining such information, and upon request of any resident of the area where the mining is occurring or proposed to occur, provide copies of subject information promptly by mail.
(C) Records which are confidential and unavailable to the public include:
(1) Information that pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on the components of such coal which are potentially toxic in the environment;
(2) Preparatory materials relating to hearings and enforcement proceedings which are investigative in nature, and information provided by an information source or witness to whom confidentiality has been promised;
(3) Information submitted to the chief if the person submitting it requests in writing at the time of submission that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of persons intending to conduct coal exploration; and
(4) Information on the nature and location of archeological resources as required under the Archeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq., as amended.
(D) Except as otherwise limited by paragraph (C)(1) of this rule, information pertaining to coal seams, test borings, core samplings or soil samples in an application shall be made available to any person with an interest which is or may be adversely affected.
(E) The availability of other records or documents in the possession of the chief is subject to section 149.43 of the Revised Code, Chapter 1347. of the Revised Code, and other state and federal laws as may be applicable.
(F) The chief shall provide for procedures, including notice and opportunity to be heard for persons both seeking and opposing disclosure, to maintain information required to be kept confidential under this rule separately from other portions of the permit application. This information shall be clearly identified by the applicant and submitted separately from other portions of the application.
(G) For dates of federal rules and federal laws referenced in this rule, see rule 1501:13-1-14 of the Administrative Code.
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.07, 1513.09
Prior Effective Dates: 8/16/82 (Emer.), 10/27/82, 10/1/88, 5/29/95, 10/16/97, 4/15/04, 4/30/09
(A) Except as otherwise provided, computation of time under these rules is based on calendar days.
(B) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.
(C) Intermediate Saturdays, Sundays, and legal holidays are excluded from the computation when the period of prescribed time is seven days or less.
Public notice of a hearing on the adoption, amendment, or rescission of a rule, to be conducted by the division of mineral resources management, department of natural resources, state of Ohio, shall be given in the register of Ohio as required by Chapter 119. of the Revised Code. The website for the register of Ohio is http://www.registerofohio.state.oh.us/. Said notice shall be given at least thirty days, but not more than sixty days, prior to the hearing. The notice shall: state the division's intention to consider adopting, amending, or rescinding a rule; include a synopsis or full text of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which such proposed rule, amendment or rescission relates; state the reason or purpose for adopting, amending, or rescinding the rule; and enumerate the date, time and place of the hearing on the proposed action which shall not be earlier than the thirty-first nor later than the fortieth day after the proposed rule, amendment, or rescission is filed. The notice shall also state the place from which a copy of the proposed rule, amendment, or rule to be rescinded may be obtained. The chief shall provide a copy of the public notice to anyone who requests it and pays a reasonable fee, not to exceed the cost of copying and mailing.
R.C. 119.032 review dates: 06/11/2010 and 10/15/2015
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.02
Prior Effective Dates: 11/17/82 (Emer.), 2/10/83, 9/23/83, 10/16/97, 4/15/04
When a specific paragraph is referenced in these rules, all paragraphs subordinate to that specific paragraph shall be incorporated by that reference. For example, a reference to paragraph (J) of rule 1501:13-4-04 of the Administrative Code shall include paragraphs (J)(1) to (J)(36) of that rule, and a reference to paragraph (K)(1) of rule 1501:13-4-04 of the Administrative Code shall include paragraphs (K)(1)(a) to (K)(1)(e) of that rule.
(A) The federal regulation references included in these rules can generally be found in public libraries or electronically at the website http://www.gpo.gov/fdsys/. The publishing dates for the various parts of the Code of Federal Regulations (C.F.R.) are: Title 7, January 1, 2011; Titles 30 and 40, July 1, 2010; Title 43, October 1, 2010.
(1) 7 C.F.R. Part 657;
(2) 30 C.F.R. 77.214, 30 C.F.R. 77.215, 30 C.F.R. 77.216, 30 C.F.R. 77.216(a), 30 C.F.R. 77.216-2(a), and 30 C.F.R. 77.216-3;
(3) 30 C.F.R. 710.12;
(4) 30 C.F.R. Part 761;
(5) 30 C.F.R. 843.11;
(6) 30 C.F.R. Chapter VII, Subchapters D, F, and R;
(7) 40 C.F.R. Parts 122, 123, 136, 260 to 270 and 434;
(8) 43 C.F.R. Parts 3480 to 3487.
(B) The federal law references included in these rules are based on the 2006 edition of the United States Code (U.S.C.), dated January 3, 2007, as supplemented in 2009, effective February 1, 2010. These federal laws can generally be found in public libraries or electronically at the website http://www.gpo.gov/fdsys/.
(1) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., as amended;
(2) The Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq.;
(3) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq., as amended;
(4) The Bald and Golden Eagle Protection Act, 16 U.S.C. 668 et seq., as amended;
(5) The Migratory Bird Treaty Act of 1918, 16 U.S.C. 703 et seq., as amended;
(6) Section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq.;
(7) The Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended;
(8) The Occupational Safety and Health Act, 29 U.S.C. 651 et seq., as amended;
(9) The Mine Safety and Health Act, 30 U.S.C. 801 et seq., as amended;
(10) Section 518 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1268;
(11) The Clean Water Act, 33 U.S.C. 1251 et seq.;
(12) Water pollution prevention and control effluent limitations, 33 U.S.C. 1311(p);
(13) Subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;
(14) Section 3001 of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C., Chapter 82, Subchapter III, Section 6921 et seq., as amended;
(15) The Clean Air Act, 42 U.S.C. 7401 et seq.;
(16) Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. 60101 et seq., as amended;
(17) Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C. 60101 et seq., as amended.
R.C. 119.032 review dates: 10/12/2011 and 12/20/2016
Promulgated Under: 119.03
Statutory Authority: 1513.02, 1513.072
Rule Amplifies: 1513.02, 1513.07, 1513, 072, 1513, 073, 1513.16
Prior Effective Dates: 10/28/10