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) "Alternative financial
security" means a trust fund, a standby trust fund, or other similar
agreement or mechanism for the benefit of the state, enforceable under law and
approved by the chief, that assures sufficient funds are available and devoted
solely to the purpose of providing and maintaining long-term water treatment or
a long-term alternative water supply, as applicable, for permits the chief
determines require alternative financial security under division (F)(8) of
section 1513.16 of the Revised Code.
(H) "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.
(I) "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.
(J) "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.
(K) "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.
(L) "Aquifer" means a zone, stratum, or group of strata
that can store and transmit water in sufficient quantities for a specific
use.
(M) "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.
(N) "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.
(O) "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.
(P) "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.
(Q) "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.
(R) "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.
(S) "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.
(T) "Cemetery" means any area of land where human
bodies are interred.
(U) "Chief" means chief of the division of mineral
resources management.
(V) "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.
(W) "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.
(X) "Coal mine waste" means coal processing waste and
underground development waste.
(Y) "Coal mining and reclamation operations" means coal
mining operations and all activities necessary and incidental to the
reclamation of such operations.
(Z) "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.
(AA) "Coal preparation" means chemical or physical
processing and the cleaning, concentrating, or other processing or preparation
of coal.
(BB) "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.
(CC) "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.
(DD) "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;
(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;
or
(5) A trust fund naming
the state as primary beneficiary in an amount sufficient to complete the
reclamation plan for any and all areas that may be in default at any time and
devoted solely to the purpose of providing performance security in accordance
with these rules.
(EE) "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.
(FF) "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.
(GG) "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.
(HH) "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.
(II) "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.
(JJ) "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.
(KK) "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.
(LL) "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.
(MM) "Developed spring" means a spring regularly being
used for domestic or agricultural purposes.
(NN) "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.
(OO) "Diversion" means a channel, embankment, or other
man-made structure constructed for the purpose of diverting water from one area
to another.
(PP) "Downslope" means the land surface between the
projected outcrop of the lowest coalbed being mined along each highwall and a
valley floor.
(QQ) "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.
(RR) "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.
(SS) "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.
(TT) "Engineer" means a professional engineer registered
in accordance with the requirements of Chapter 4733. of the Revised
Code.
(UU) "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.
(VV) "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.
(WW) "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.
(XX) "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.
(YY) "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.
(ZZ) "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.
(AAA) "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.
(BBB) "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.
(CCC) "Grading" means the shaping of material to conform
to the approved mining and reclamation plan.
(DDD) "Ground water" means subsurface water that fills
available openings in rock or soil materials to the extent that they are
considered water saturated.
(EEE) "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.
(FFF) "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.
(GGG) "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.
(HHH) "Highwall remnant" means that portion of a highwall
that remains after backfilling and grading of a remining permit
area.
(III) "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.
(JJJ) "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.
(KKK) "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.
(LLL) "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.
(MMM) "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.
(NNN) "Impounding structure" means a dam, embankment or
other structure used to impound sediment, water, slurry, or other liquid or
semi-liquid material.
(OOO) "Impoundments" means all water, sediment, slurry or
other liquid or semi-liquid holding structures and depressions, either
naturally formed or artificially built.
(PPP) "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.
(QQQ) "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.
(RRR) "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.
(SSS) "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.
(TTT) "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.
(UUU) "Lands eligible for remining" means those lands
that would otherwise be eligible for expenditures under section 1513.37 of the
Revised Code.
(VVV) "Leachate" means a liquid that has percolated
through soil, rock, or waste and has extracted dissolved or suspended
materials.
(WWW) "Monitoring" means the collection of environmental
data by either continuous or periodic sampling methods.
(XXX) "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.
(YYY) "MSHA" means the mine safety and health
administration.
(ZZZ) "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.
(AAAA) "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.
(BBBB) "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.
(CCCC) "Non-commercial building" means any building, other
than an occupied residential dwelling, that, at the time the subsidence occurs,
is used on a regular or temporary basis as a public building or community or
institutional building as those terms are defined in this rule. Any building
used only for commercial agricultural, industrial, retail or other commercial
enterprises is excluded.
(DDDD) "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.
(EEEE) "Noxious plants" means species that have been
included on the official list of noxious plants for the state of
Ohio.
(FFFF) "Occupied dwelling" means any building that is
currently being used on a regular or temporary basis for human
habitation.
(GGGG) "Occupied
residential dwelling and structures related thereto" means, for purposes
of rule 1501:13-12-03 of the Administrative Code, any building or other
structure that, at the time the subsidence occurs, is used either temporarily,
occasionally, seasonally, or permanently for human habitation. This term also
includes any building, structure or facility installed on, above or below, or a
combination thereof, the land surface if that building, structure or facility
is adjunct to or used in connection with an occupied residential dwelling.
Examples of such structures include, but are not limited to, garages; storage
sheds and barns; greenhouses and related buildings; utilities and cables;
fences and other enclosures; retaining walls; paved or improved patios, walks
and driveways; septic sewage treatment facilities; and lot drainage and lawn
and garden irrigation systems. Any structure used only for commercial
agricultural, industrial, retail or other commercial purposes is
excluded.
(HHHH) "Operation" means coal mining
operation.
(IIII) "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.
(JJJJ) "Overburden" means material of any nature,
consolidated or unconsolidated, that overlies a coal deposit, excluding
topsoil.
(KKKK) "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.
(LLLL) "Performance security" means a form of financial
assurance, including a surety bond; a collateral bond; or a combination
thereof, by which a permittee assures faithful performance of all the
requirements of Chapter 1513. of the Revised Code, division 1501:13 of the
Administrative Code, and the requirements of the permit and reclamation
plan.
(MMMM) "Permanent diversion" means a diversion remaining
after coal mining and reclamation operations are completed which has been
approved for retention by the chief.
(NNNN) "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.
(OOOO) "Permit" means a permit to conduct coal mining and
reclamation operations issued by the chief pursuant to section 1513.07 or
1513.074 of the Revised Code.
(PPPP) "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.
(QQQQ) "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.
(RRRR) "Permittee" means a person holding or required by
Chapter 1513. of the Revised Code to hold a permit.
(SSSS) "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.
(TTTT) "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.
(UUUU) "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.
(VVVV) "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.
(WWWW) "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.
(XXXX) "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.
(YYYY) "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.
(ZZZZ) "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.
(AAAAA) "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.
(BBBBB) "Principal shareholder" means any person who is the
record or beneficial owner of ten per cent or more of any class of voting
stock.
(CCCCC) "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.
(DDDDD) "Productivity" means the vegetative yield produced
by a unit area for a unit of time.
(EEEEE) "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.
(FFFFF) "Public building" means any building that is owned
by a public agency or used primarily for public business or
meetings.
(GGGGG) "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.
(HHHHH) "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.
(IIIII) "Publicly owned park" means a public park that is
owned by a federal, state or local governmental entity.
(JJJJJ) "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.
(KKKKK) "Recharge capacity" means the ability of the soils
and underlying materials to allow precipitation and runoff to infiltrate and
reach the zone of saturation.
(LLLLL) "Receiving water" means the specific water body of
the waters of the state into which point and non-point sources
flow.
(MMMMM) "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.
(NNNNN) "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
www.nws.noaa.gov/ohd/hdsc/currentpf.htm.
(OOOOO) "Refuse pile" means a surface deposit of coal mine
waste that does not impound water, slurry, or other liquid or semi-liquid
material.
(PPPPP) "Remining" means conducting coal mining and
reclamation operations which affect previously mined areas.
(QQQQQ) "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).
(RRRRR) "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.
(SSSSS) "Replacement of water supply" means, with respect
to a protected water supply contaminated, diminished, or interrupted by a
surface or underground coal mining operation, provision of a water supply on
both a temporary and permanent basis equivalent to premining quality and
quantity. Replacement includes provision of an equivalent water delivery system
and payment of operation and maintenance costs in excess of customary and
reasonable delivery costs for the premining water supply.
(1) Upon agreement by the
permittee and the water supply owner, the obligation to pay such operation and
maintenance costs may be satisfied by a one time payment in an amount which
covers the present worth of the increased annual operation and maintenance
costs for a period agreed to by the permittee and the water supply
owner.
(2) If the affected water
supply was not needed for the land use in existence at the time of loss,
contamination, or diminution, and if the supply is not needed to achieve the
postmining land use, replacement requirements may be satisfied by demonstrating
that a suitable alternative water source is available and could feasibly be
developed. If the latter approach is selected, written concurrence must be
obtained from the water supply owner.
(TTTTT) "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.
(UUUUU) "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.
(VVVVV) "Runoff" means the overland flow caused by excess
rainfall.
(WWWWW) "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.
(XXXXX) "Sediment" means undissolved organic and inorganic
material transported or deposited by water.
(YYYYY) "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.
(ZZZZZ) "Shadow area" means the surface areas above the
underground workings and surface areas that are within the angle of draw of
such workings.
(AAAAAA) "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.
(BBBBBB) "Slope" means average inclination of a surface,
measured from the horizontal.
(CCCCCC) "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.
(DDDDDD) "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.
(EEEEEE) "Spoil" means overburden that has been removed
during coal mining operations, including underground development materials, but
does not include topsoil.
(FFFFFF) "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.
(GGGGGG) "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.
(HHHHHH) "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.
(IIIIII) "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.
(JJJJJJ) "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.
(KKKKKK) "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.
(LLLLLL) "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.
(MMMMMM) "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.
(NNNNNN) "Surface water" means water, either flowing or
standing on the surface of the earth.
(OOOOOO) "Surveyor" means a professional surveyor registered
in accordance with the requirements of Chapter 4733. of the Revised
Code.
(PPPPPP) "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).
(QQQQQQ) "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.
(RRRRRR) "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.
(SSSSSS) "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.
(TTTTTT) "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.
(UUUUUU) "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.
(VVVVVV) "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, a name change, or a
change in the ownership and operational control of a permittee to a person who
has not held a permit issued under Chapter 1513. of the Revised Code for a
period of not less than five years where the existence and name of the
permittee remain the same.
(WWWWWW) "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.
(XXXXXX) "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.
(YYYYYY) "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.
(ZZZZZZ) "Underground mining operations" means underground
mining surface operations and underground workings.
(AAAAAAA) "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.
(BBBBBBB) "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.
(CCCCCCC) "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.
(DDDDDDD) "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.
(EEEEEEE) "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.
(FFFFFFF) "Violation," 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:
(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.
(GGGGGGG) "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.
(HHHHHHH) "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.
(IIIIIII) "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.
(JJJJJJJ) "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.
(KKKKKKK) For dates of federal rules and
federal laws referenced in this rule, see rule 1501:13-1-14 of the
Administrative Code.
