Ohio Administrative Code Search
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Rule 1501:13-1-01 | Effective date and applicability.
...(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 fac... |
Rule 1501:13-1-02 | Definitions.
...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, speci... |
Rule 1501:13-1-03 | Restrictions on financial interest of employees.
...(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 identi... |
Rule 1501:13-1-04 | Exemption for coal extraction incidental to government financed highway or other construction.
...(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 dire... |
Rule 1501:13-1-05 | Successor division.
...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... |
Rule 1501:13-1-10 | Availability of records.
...(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. (B) (1) Copies of such records, reports, inspection materials or information obtained by the chief shall be made immediately available to th... |
Rule 1501:13-1-10 | Availability of records.
...(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. (B) (1) Copies of such records, reports, inspection materials or information obtained by the chief shall be made... |
Rule 1501:13-1-13 | Rule references.
...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 (B) of rule 1501:13-4-04 of the Administrative Code shall include paragraphs (B)(1) to (B)(3) of that rule, and a reference to paragraph (C)(1) of rule 1501:13-4-04 of the Administrative Code shall include paragraphs (C)(... |
Rule 1501:13-1-14 | Incorporation by reference.
...(A) The federal regulation references included in these rules can generally be found in public libraries or electronically at the website govinfo.gov/. The publishing dates for the various parts of the Code of Federal Regulations (C.F.R.) are: Title 7, January 1, 2021; Title 30, July 1, 2020; Title 40, July 1, 2020; Title 43, October 1, 2020. (1) 7 C.F.R. Part 657; (2) 30 C.F.R. 77.214, ... |
Rule 1501:13-1-14 | Incorporation by reference.
...(A) The federal regulation references included in these rules can generally be found in public libraries or electronically at the website govinfo.gov/. The publishing dates for the various parts of the Code of Federal Regulations (C.F.R.) are: Title 7, January 1, 2020; Title 30 and Title 40, July 1, 2019; Title 43, October 1, 2019. (1) 7 C.F.R. Part 657; (2) 30 C.F.R. 77.214, 77.215, 77.... |
Rule 1501:13-3-01 | Standards for demonstration of valid existing rights.
...(A) Except as provided in paragraph (B) of this rule, a person claiming valid existing rights must demonstrate both of the following: (1) A property rights demonstration showing that, at the time the land came under the protection of division (D) of section 1513.073 of the Revised Code or rule 1501:13-3-03 of the Administrative Code, a legally binding conveyance, lease, deed, contract, or oth... |
Rule 1501:13-3-02 | Submission and processing of requests for valid existing rights determinations.
...(A) Except for federal lands subject to 30 C.F.R. Part 761, any person who intends to conduct coal mining operations on the basis of valid existing rights under division (D) of section 1513.073 of the Revised Code and rules adopted thereunder shall file with the chief a request for a valid existing rights determination. This request shall be submitted before preparing and submitting an application for a permit or bo... |
Rule 1501:13-3-03 | Areas where mining is prohibited or limited.
...(A) Subject to valid existing rights and qualification for the exception for existing operations under paragraph (B) of this rule, no coal mining operations shall be conducted: (1) On any lands within the boundaries of the national park system, the national wildlife refuge system, the national system of trails, the national wilderness preservation system, the wild and scenic rivers system, includ... |
Rule 1501:13-3-04 | Procedures for identifying areas where mining is prohibited or limited.
...(A) Upon receipt of a complete application for a coal mining and reclamation operation permit, or a complete application for revision of the boundaries of a coal mining and reclamation operation permit, the chief shall review the application to determine whether coal mining operations are limited or prohibited under rule 1501:13-3-03 of the Administrative Code on the lands which would be disturbed by the proposed ope... |
Rule 1501:13-3-07 | Procedures for designating areas unsuitable for coal mining operations.
...(A) Petitions. (1) Right to petition. Any person having an interest which is or may be adversely affected has the right to petition the chief to have an area designated as unsuitable for coal mining operations, or to have an existing designation terminated. A person having an interest which is or may be adversely affected must demonstrate how he or she meets the "injury in fact" test by describing the injury to the ... |
Rule 1501:13-3-08 | Lateral support.
...To provide for lateral support, no permit application shall be approved to extend any part of a pit within fifty feet of horizontal distance to an adjacent land or water unless the permittee owns either the surface or the mineral rights in and under the adjoining land or water, or the permittee has written consent from the adjoining surface and mineral owners which consent shall be filed with the permit application. |
Rule 1501:13-4-01 | General contents requirements for permit applications.
...(A) Responsibilities. (1) Persons seeking to engage in coal mining and reclamation operations, including underground mining operations, shall submit an application for and obtain a permit for those operations in accordance with Chapters 1501:13-4, 1501:13-5, and 1501:13-6 of the Administrative Code. Persons seeking to conduct coal exploration operations shall comply with rule 1501:13-4-02 of the Administrative Code.... |
Rule 1501:13-4-02 | Requirements of coal exploration.
...(A) Any person who intends to conduct coal exploration operations outside a permit area shall, prior to conducting the exploration, file with the chief a written notice of intention to explore. (1) Except for exploration of lands designated in accordance with Chapter 1501:13-3 of the Administrative Code as unsuitable for coal mining operations, if a person demonstrates and the chief finds the... |
Rule 1501:13-4-03 | Permit applications; requirements for legal, financial, compliance and related information.
...(A) Definition. (1) For the purposes of this rule, a person "owned or controlled" or "owns or controls" a coal mining operation if, at any time: (a) The person is the permittee of a coal mining operation; (b) Based on instruments of legal or equitable ownership or voting securities, the person owns of record in excess of fifty per cent of an entity which conducts coal mining operations; or (c)... |
Rule 1501:13-4-04 | Permit application requirements for information on environmental resources.
...(A) General requirements. (1) This rule shall apply only to coal mining operations other than underground mining operations. (2) (a) Each application shall describe and identify the nature of cultural, historic and archeological resources listed or eligible for listing on the "National Register of Historic Places," administered by the national parks service, U.S. department of the interior, and known archeologic... |
Rule 1501:13-4-05 | Permit application requirements for reclamation and operations plans.
...(A) Operation plan: general requirements. (1) This rule shall apply only to coal mining operations other than underground mining operations. (2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including: (a) A narrative description of the type and method of coal mining procedures and proposed engineering tec... |
Rule 1501:13-4-05 | Permit application requirements for reclamation and operations plans.
...(A) Operation plan: general requirements. (1) This rule shall apply only to coal mining operations other than underground mining operations. (2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including: (a) A narrative description of the type and method of coal mining procedures ... |
Rule 1501:13-4-06 | Permit applications, revisions, and renewals, and transfers, assignments, and sales of permit rights.
...(A) Applications for permits and permit renewals shall: (1) Be submitted on forms provided by the chief; (2) Be filed with the proper number of copies and at places designated by the chief; (3) Be deemed to be complete as submitted to the chief unless the chief, within fourteen business days of the submission, identifies deficiencies in the application in writing and sends a written list of... |
Rule 1501:13-4-08 | Application, supplemental and hydrologic maps, and cross-sections, designs and plans.
...This rule applies to coal mining operations, including underground mining surface operations, but does not apply to underground workings. (A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by a surveyor or jointly by a an engineer and a surveyor, to the extent such joint certification is required by state law, showing: (1) All boundaries ... |
Rule 1501:13-4-08.1 | Application, supplemental and hydrologic maps, and cross-sections, designs and plans for underground workings.
...This rule applies only to underground workings. (A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by a surveyor or jointly by an engineer and a surveyor, to the extent such certification is required by state law, showing: (1) All boundaries of land and names of present owners of record of those lands, both surface and subsurface, include... |