1501:13-9-08 Protection of underground mining.

(A) General requirements. No surface mining operations shall be conducted closer than five hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of miners, except to the extent that:

(1) The nature, timing, and sequence of the operations that propose to mine closer than 500 feet to an active underground mine are jointly approved by the chief and msha, and

(2) The operations result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.

R.C. 119.032 review dates: 05/12/2005 and 05/12/2010

Promulgated Under: 119.03

Statutory Authority: 1513.02

Rule Amplifies: 1513.16

Prior Effective Dates: 8/16/82 (Emer.), 10/27/82, 10/1/88, 3/31/97