| (A) "Approximate original contour" means that surface | 10 |
|
configuration achieved by backfilling and grading of a mined area | 11 |
|
so that the reclaimed area, including any terracing or access | 12 |
|
roads, closely resembles the general surface configuration of the | 13 |
|
land prior to mining and blends into and complements the drainage | 14 |
|
pattern of the surrounding terrain, with all highwalls and spoil | 15 |
|
piles eliminated; water impoundments may be permitted where the | 16 |
|
chief of the division of mineral resources
management
determines | 17 |
|
that they are in compliance
with division (A)(8)
of section | 18 |
|
1513.16 of the Revised Code. | 19 |
| (E) "Imminent danger to the health and safety of the
public" | 30 |
|
means the existence of any condition or practice or
violation of a | 31 |
|
permit or other requirement of this chapter or rule adopted | 32 |
|
thereunder in a coal mining and
reclamation operation, which | 33 |
|
condition, practice, or violation
could reasonably be expected to | 34 |
|
cause substantial physical harm
to persons outside the permit area | 35 |
|
before the condition,
practice, or violation can be abated. A | 36 |
|
reasonable expectation
of death or serious injury before abatement | 37 |
|
exists if a rational
person subjected to the same conditions or | 38 |
|
practices giving rise
to the peril would not expose oneself to the | 39 |
|
danger during the time necessary for abatement. | 40 |
| (1) Activities conducted on the surface of lands in | 52 |
|
connection with a coal mine, the removal of coal from coal refuse | 53 |
|
piles, and surface impacts incident to an underground coal mine. | 54 |
|
Such activities include excavation for the purpose of obtaining | 55 |
|
coal, including such common methods as contour, strip, auger, | 56 |
|
mountaintop removal, box cut, open pit, and area mining; the use | 57 |
|
of explosives and blasting; in situ distillation or
retorting; | 58 |
|
leaching or other chemical or physical processing;
and the | 59 |
|
cleaning, concentrating, or other processing or
preparation of | 60 |
|
coal. Such activities also
include the loading of coal at or
near | 61 |
|
the mine site. Such
activities do not include any of the | 62 |
|
following: | 63 |
| (2) The areas upon which such activities occur or where
such | 72 |
|
activities disturb the natural land surface. Such areas
include | 73 |
|
any adjacent land the use of which is incidental to any
such | 74 |
|
activities, all lands affected by the construction of new
roads or | 75 |
|
the improvement or use of existing roads to gain access
to the | 76 |
|
site of such activities, and for hauling, and excavation, | 77 |
|
workings, impoundments, dams, ventilation shafts, entryways, | 78 |
|
refuse banks, dumps, stockpiles, overburden piles, spoil banks, | 79 |
|
culm banks, holes or depressions, repair areas, storage areas, | 80 |
|
processing areas, shipping areas, and other areas upon which are | 81 |
|
sited structures, facilities, or other property or materials on | 82 |
|
the surface, resulting from or incident to
such activities. | 83 |
|
Separation by a
stream, roadway,
or utility easement does not | 84 |
|
preclude two or more contiguous
tracts of land from being | 85 |
|
considered contiguous. | 86 |
| (N) "Pollution" means placing any sediments, solids, or | 103 |
|
waterborne mining-related wastes, including, but not limited to, | 104 |
|
acids, metallic cations, or their salts, in excess of amounts | 105 |
|
prescribed by the chief into any waters of the state or affecting | 106 |
|
the properties of any waters of the state in a manner that
renders | 107 |
|
those waters harmful or inimical to the public health, or
to | 108 |
|
animal or aquatic life, or to the use of the waters for
domestic | 109 |
|
water supply, industrial or agricultural purposes, or
recreation. | 110 |
| (O) "Prime farmland" has the same meaning as that
previously | 111 |
|
prescribed by the secretary of the United States
department of | 112 |
|
agriculture as published in the federal register on
August 23, | 113 |
|
1977, or subsequent revisions thereof, on the basis of
such | 114 |
|
factors as moisture availability, temperature regime,
chemical | 115 |
|
balance, permeability, surface layer composition,
susceptibility | 116 |
|
to flooding, and erosion characteristics and
that historically has | 117 |
|
been used for intensive agricultural purposes,
and as published in | 118 |
|
the rules adopted pursuant to this chapter. | 119 |
| (P) "Reclamation" means backfilling, grading, resoiling, | 120 |
|
planting, and other work that has the effect of restoring an area | 121 |
|
of land affected by coal mining so that it may be used for forest | 122 |
|
growth, grazing, agricultural, recreational, and wildlife
purpose, | 123 |
|
or some other useful purpose of equal or greater value
than | 124 |
|
existed prior to any mining. | 125 |
| (U) "Waters of the state" means all streams, lakes, ponds, | 141 |
|
marshes, watercourses, waterways, wells, springs, irrigation | 142 |
|
systems, drainage systems, and other bodies or accumulations
of | 143 |
|
water, surface or underground, natural or artificial,
regardless | 144 |
|
of the depth of the strata in which underground water
is located, | 145 |
|
that are situated wholly or partly within, or
border
upon, this | 146 |
|
state, or are within its jurisdiction. | 147 |
| (W) "Performance security" means a form of financial | 157 |
|
assurance, including, without limitation, a surety bond issued by | 158 |
a surety licensed to do business in this state; an annuity; cash; | 159 |
|
a negotiable certificate of deposit; an irrevocable letter of | 160 |
|
credit that automatically renews; a negotiable bond of the United | 161 |
|
States, this state, or a municipal corporation in this state; a | 162 |
trust fund of which the state is named a conditionalthe primary | 163 |
|
beneficiary; or other form of financial
guarantee or financial | 164 |
|
assurance that is acceptable to the chief. | 165 |
| (2) All permits issued pursuant to this chapter shall be
| 169 |
|
issued for a term not to exceed five years, except that, if the
| 170 |
|
applicant demonstrates that a specified longer term is reasonably
| 171 |
|
needed to allow the applicant to obtain necessary financing for
| 172 |
|
equipment and the opening of the operation and if the application
| 173 |
|
is full and complete for the specified longer term, the chief may
| 174 |
|
grant a permit for the longer term. A successor in interest to a
| 175 |
|
permittee who applies for a new permit within thirty days after
| 176 |
|
succeeding to the interest and who is able to obtain the
| 177 |
|
performance security of the original permittee may continue coal
| 178 |
|
mining and
reclamation operations according to the approved mining
| 179 |
|
and
reclamation plan of the original permittee until the
| 180 |
|
successor's
application is granted or denied.
| 181 |
| (3) A permit shall terminate if the permittee has not
| 182 |
|
commenced the coal mining operations covered by the permit within
| 183 |
|
three years after the issuance of the permit, except that the
| 184 |
|
chief may grant reasonable extensions of the time upon a showing
| 185 |
|
that the extensions are necessary by reason of litigation
| 186 |
|
precluding the commencement or threatening substantial economic
| 187 |
|
loss to the permittee or by reason of conditions beyond the
| 188 |
|
control and without the fault or negligence of the permittee, and
| 189 |
|
except that with respect to coal to be mined for use in a
| 190 |
|
synthetic fuel facility or specified major electric generating
| 191 |
|
facility, the permittee shall be deemed to have commenced coal
| 192 |
|
mining operations at the time construction of the synthetic fuel
| 193 |
|
or generating facility is initiated.
| 194 |
| (4)(a) Any permit issued pursuant to this chapter shall
carry
| 195 |
|
with it the right of successive renewal upon expiration
with
| 196 |
|
respect to areas within the boundaries of the permit. The
holders
| 197 |
|
of the permit may apply for renewal and the renewal shall
be
| 198 |
|
issued unless the chief determines by written findings,
subsequent
| 199 |
|
to fulfillment of the public notice requirements of
this section
| 200 |
|
and section 1513.071 of the Revised Code through
demonstrations by
| 201 |
|
opponents of renewal or otherwise, that one or
more of the
| 202 |
|
following circumstances exists:
| 203 |
| (d) If the applicant is a partnership, corporation,
| 254 |
|
association, or other business entity, the following where
| 255 |
|
applicable: the names and addresses of every officer, partner,
| 256 |
|
director, or person performing a function similar to a director,
| 257 |
|
of the applicant, the name and address of any person owning, of
| 258 |
|
record, ten per cent or more of any class of voting stock of the
| 259 |
|
applicant, a list of all names under which the applicant,
partner,
| 260 |
|
or principal shareholder previously operated a coal
mining
| 261 |
|
operation within the United States within the five-year
period
| 262 |
|
preceding the date of submission of the application, and a
list of
| 263 |
|
the person or persons primarily responsible for ensuring
that the
| 264 |
|
applicant complies with the requirements of this chapter
and rules
| 265 |
|
adopted pursuant thereto while mining and reclaiming
under the
| 266 |
|
permit;
| 267 |
| (e) A statement of whether the applicant, any subsidiary,
| 268 |
|
affiliate, or persons controlled by or under common control with
| 269 |
|
the applicant, any partner if the applicant is a partnership, any
| 270 |
|
officer, principal shareholder, or director if the applicant is a
| 271 |
|
corporation, or any other person who has a right to control or in
| 272 |
|
fact controls the management of the applicant or the selection of
| 273 |
|
officers, directors, or managers of the applicant:
| 274 |
| (ii) Has been an officer, partner, director, principal
| 281 |
|
shareholder, or person having the right to control or has in fact
| 282 |
|
controlled the management of or the selection of officers,
| 283 |
|
directors, or managers of a business entity that has had a coal
| 284 |
|
mining or surface mining permit that in the five-year period
prior
| 285 |
|
to the date of submission of the application has been
suspended or
| 286 |
|
revoked or has had a coal mining or surface mining
bond,
| 287 |
|
performance security, or similar security deposited in lieu of
| 288 |
|
bond forfeited and,
if so, a brief explanation of the facts
| 289 |
|
involved.
| 290 |
| (f) A copy of the applicant's advertisement to be
published
| 291 |
|
in a newspaper of general circulation in the locality
of the
| 292 |
|
proposed site at least once a week for four successive
weeks,
| 293 |
|
which shall include the ownership of the proposed mine, a
| 294 |
|
description of the exact location and boundaries of the proposed
| 295 |
|
site sufficient to make the proposed operation readily
| 296 |
|
identifiable by local residents, and the location where the
| 297 |
|
application is available for public inspection;
| 298 |
| (i) An accurate map or plan, to an appropriate scale,
clearly
| 305 |
|
showing the land to be affected and the land upon which the
| 306 |
|
applicant
has the legal right to enter and commence coal mining
| 307 |
|
operations, copies of those documents upon which is based the
| 308 |
|
applicant's
legal right to enter and
commence coal mining
| 309 |
|
operations, and a statement whether that right is the subject of
| 310 |
|
pending litigation. This chapter does not authorize the chief to
| 311 |
|
adjudicate property title disputes.
| 312 |
| (k) A determination of the probable hydrologic
consequences
| 316 |
|
of the mining and reclamation operations, both on
and off the mine
| 317 |
|
site, with respect to the hydrologic regime,
providing information
| 318 |
|
on the quantity and quality of water in
surface and ground water
| 319 |
|
systems including the dissolved and
suspended solids under
| 320 |
|
seasonal flow conditions and the
collection of sufficient data for
| 321 |
|
the mine site and surrounding
areas so that an assessment can be
| 322 |
|
made by the chief of the
probable cumulative impacts of all
| 323 |
|
anticipated mining in the area
upon the hydrology of the area and
| 324 |
|
particularly upon water
availability, but this determination shall
| 325 |
|
not be required until
hydrologic information of the general area
| 326 |
|
prior to mining is
made available from an appropriate federal or
| 327 |
|
state agency;
however, the permit shall not be approved until the
| 328 |
|
information
is available and is incorporated into the application;
| 329 |
| (m) Accurate maps prepared by or under the direction of
and
| 335 |
|
certified by a qualified registered professional engineer,
| 336 |
|
registered surveyor, or licensed landscape architect to an
| 337 |
|
appropriate scale clearly showing all types of information set
| 338 |
|
forth on topographical maps of the United States geological
survey
| 339 |
|
of a scale of not more than four hundred feet to the inch,
| 340 |
|
including all artificial features and significant known
| 341 |
|
archeological sites. The map, among other things specified
by the
| 342 |
|
chief, shall show all boundaries of the land to be affected, the
| 343 |
|
boundary lines and names of present owners of record of all
| 344 |
|
surface areas abutting the permit area, and the location of all
| 345 |
|
buildings within one thousand feet of the permit area.
| 346 |
| (n)(i) Cross-section maps or plans of the land to be
affected
| 347 |
|
including the actual area to be mined, prepared by or
under the
| 348 |
|
direction of and certified by a qualified registered
professional
| 349 |
|
engineer or certified professional geologist with
assistance from
| 350 |
|
experts in related fields such as hydrology,
hydrogeology,
| 351 |
|
geology, and landscape architecture, showing
pertinent elevations
| 352 |
|
and locations of test borings or core
samplings and depicting the
| 353 |
|
following information: the nature
and depth of the various strata
| 354 |
|
of overburden; the nature and
thickness of any coal or rider seam
| 355 |
|
above the coal seam to be
mined; the nature of the stratum
| 356 |
|
immediately beneath the coal
seam to be mined; all mineral crop
| 357 |
|
lines and the strike and dip
of the coal to be mined within the
| 358 |
|
area to be affected; existing
or previous coal mining limits; the
| 359 |
|
location and extent of known
workings of any underground mines,
| 360 |
|
including mine openings to the
surface; the location of spoil,
| 361 |
|
waste, or refuse areas and
topsoil preservation areas; the
| 362 |
|
location of all impoundments for
waste or erosion control; any
| 363 |
|
settling or water treatment
facility; constructed or natural
| 364 |
|
drainways and the location of
any discharges to any surface body
| 365 |
|
of water on the land to be
affected or adjacent thereto; profiles
| 366 |
|
at appropriate cross
sections of the anticipated final surface
| 367 |
|
configuration that will
be achieved pursuant to the operator's
| 368 |
|
proposed reclamation plan;
the location of subsurface water, if
| 369 |
|
encountered; the location
and quality of aquifers; and the
| 370 |
|
estimated elevation of the water
table. Registered surveyors shall
| 371 |
|
be allowed to perform all
plans, maps, and certifications under
| 372 |
|
this chapter as they are
authorized under Chapter 4733. of the
| 373 |
|
Revised Code.
| 374 |
| (o) A statement of the results of test borings or core
| 379 |
|
samplings from the permit area, including logs of the drill
holes,
| 380 |
|
the thickness of the coal seam found, an analysis of the
chemical
| 381 |
|
properties of the coal, the sulfur content of any coal
seam,
| 382 |
|
chemical analysis of potentially acid or toxic forming
sections of
| 383 |
|
the overburden, and chemical analysis of the stratum
lying
| 384 |
|
immediately underneath the coal to be mined, except that
this
| 385 |
|
division may be waived by the chief with respect to the
specific
| 386 |
|
application by a written determination that its
requirements are
| 387 |
|
unnecessary. If the test borings or core samplings from the permit
| 388 |
|
area indicate the existence of potentially acid forming or toxic
| 389 |
|
forming quantities of sulfur in the coal or overburden to be
| 390 |
|
disturbed by mining, the application also shall include a
| 391 |
|
statement of the acid generating potential and the acid
| 392 |
|
neutralizing potential of the rock strata to be disturbed as
| 393 |
|
calculated in accordance with the calculation method established
| 394 |
|
under section 1513.075 of the Revised Code or with another
| 395 |
|
calculation method.
| 396 |
| (q) A certificate issued by an insurance company
authorized
| 403 |
|
to do business in this state certifying that the
applicant has a
| 404 |
|
public liability insurance policy in force for
the coal mining and
| 405 |
|
reclamation operations for which the permit
is sought or evidence
| 406 |
|
that the applicant has satisfied other
state self-insurance
| 407 |
|
requirements. The policy shall provide for
personal injury and
| 408 |
|
property damage protection in an amount
adequate to compensate any
| 409 |
|
persons damaged as a result of coal
mining and reclamation
| 410 |
|
operations, including the use of
explosives, and entitled to
| 411 |
|
compensation under the applicable
provisions of state law. The
| 412 |
|
policy shall be maintained in
effect during the term of the permit
| 413 |
|
or any renewal, including
the length of all reclamation
| 414 |
|
operations. The insurance company
shall give prompt notice to the
| 415 |
|
permittee and the chief if the public
liability insurance policy
| 416 |
|
lapses for any reason including the
nonpayment of insurance
| 417 |
|
premiums. Upon the lapse of the policy,
the chief may suspend the
| 418 |
|
permit and all other outstanding
permits until proper insurance
| 419 |
|
coverage is obtained.
| 420 |
| (s) If the applicant seeks an authorization under division
| 422 |
|
(E)(7) of this section to conduct coal mining and reclamation
| 423 |
|
operations on areas to be covered by the permit that were
affected
| 424 |
|
by coal mining operations before August 3, 1977, that
have
| 425 |
|
resulted in continuing water pollution from or on the
previously
| 426 |
|
mined areas, such additional information pertaining to
those
| 427 |
|
previously mined areas as may be required by the chief,
including,
| 428 |
|
without limitation, maps, plans, cross sections, data
necessary to
| 429 |
|
determine existing water quality from or on those
areas with
| 430 |
|
respect to pH, iron, and manganese, and a pollution
abatement plan
| 431 |
|
that may improve water quality from or on those
areas with respect
| 432 |
|
to pH, iron, and manganese.
| 433 |
| (2) Information pertaining to coal seams, test borings,
core
| 434 |
|
samplings, or soil samples as required by this section shall
be
| 435 |
|
made available by the chief to any person with an interest
that is
| 436 |
|
or may be adversely affected, except that information
that
| 437 |
|
pertains only to the analysis of the chemical and physical
| 438 |
|
properties of the coal, excluding information regarding mineral
or
| 439 |
|
elemental content that is potentially toxic in the
environment,
| 440 |
|
shall be kept confidential and not made a matter of
public record.
| 441 |
| (3)(a) If the chief finds that the probable total annual
| 442 |
|
production at all locations of any operator will not exceed three
| 443 |
|
hundred thousand tons, the
following activities, upon the
written
| 444 |
|
request of the operator in connection with a permit application,
| 445 |
|
shall
be performed by a qualified
public or private laboratory or
| 446 |
|
another public or private qualified entity
designated by the
| 447 |
|
chief, and the cost of the activities shall be assumed by
the
| 448 |
|
chief, provided that sufficient moneys for such assistance are
| 449 |
|
available:
| 450 |
| (3) The use that is proposed to be made of the land
following
| 515 |
|
reclamation, including information regarding the
utility and
| 516 |
|
capacity of the reclaimed land to support a variety
of alternative
| 517 |
|
uses, the relationship of the proposed use to
existing land use
| 518 |
|
policies and plans, and the comments of any
owner of the land and
| 519 |
|
state and local governments or agencies
thereof that would have to
| 520 |
|
initiate, implement, approve, or
authorize the proposed use of the
| 521 |
|
land following reclamation;
| 522 |
| (5) The engineering techniques proposed to be used in
mining
| 526 |
|
and reclamation and a description of the major equipment;
a plan
| 527 |
|
for the control of surface water drainage and of water
| 528 |
|
accumulation; a plan, where appropriate, for backfilling, soil
| 529 |
|
stabilization, and compacting, grading, and appropriate
| 530 |
|
revegetation; a plan for soil reconstruction, replacement, and
| 531 |
|
stabilization, pursuant to the performance standards in section
| 532 |
|
1513.16 of the Revised Code, for those food, forage, and forest
| 533 |
lands identified in that section; and an
estimate of the cost per
| 534 |
acre of the reclamation, including a
statement as to how the
| 535 |
|
permittee plans to comply with each of
the requirements set out in
| 536 |
|
section 1513.16 of the Revised Code;
| 537 |
| (12) The results of test borings that the applicant has
made
| 557 |
|
at the area to be covered by the permit, or other equivalent
| 558 |
|
information and data in a form satisfactory to the chief,
| 559 |
|
including the location of subsurface water, and an analysis of
the
| 560 |
|
chemical properties, including acid forming properties of the
| 561 |
|
mineral and overburden; except that information that pertains
only
| 562 |
|
to the analysis of the chemical and physical properties of
the
| 563 |
|
coal, excluding information regarding mineral or elemental
| 564 |
|
contents that are potentially toxic in the environment, shall be
| 565 |
|
kept confidential and not made a matter of public record;
| 566 |
| (E)(1) Upon the basis of a complete mining application and
| 590 |
|
reclamation plan or a revision or renewal thereof, as required by
| 591 |
|
this chapter, and information obtained as a result of public
| 592 |
|
notification and public hearing, if any, as
provided by section
| 593 |
|
1513.071 of the Revised Code, the chief shall
grant, require
| 594 |
|
modification of, or deny the application for a
permit and notify | 595 |
|
the
applicant in
writing in accordance with division (I)(3) of | 596 |
|
this
section.
An application is deemed to be complete as | 597 |
|
submitted
to the chief
unless the chief, within fourteen days of | 598 |
|
the
submission,
identifies deficiencies in the application in | 599 |
|
writing
and
subsequently submits a copy of a written list of | 600 |
|
deficiencies
to
the applicant.
| 601 |
|
The applicant for a permit or revision of a permit has
the
| 604 |
|
burden of establishing that the application is in
compliance
with
| 605 |
|
all the requirements of this chapter. Within ten days after
the
| 606 |
|
granting of a permit, the chief shall notify the boards of
| 607 |
|
township trustees and county commissioners, the mayor, and the
| 608 |
|
legislative authority in the township, county, and municipal
| 609 |
|
corporation in which the area of land to be affected is located
| 610 |
|
that a permit has been issued and shall describe the location of
| 611 |
|
the land. However, failure of the chief to notify the local
| 612 |
|
officials shall not affect the status of the permit.
| 613 |
| (d) The area proposed to be mined is not included within
an
| 639 |
|
area designated unsuitable for coal mining pursuant to section
| 640 |
|
1513.073 of the Revised Code or is not within an area under study
| 641 |
|
for such designation in an administrative proceeding commenced
| 642 |
|
pursuant to division (A)(3)(c) or (B) of section 1513.073 of the
| 643 |
|
Revised Code unless in an area as to which an administrative
| 644 |
|
proceeding has commenced pursuant to division (A)(3)(c) or (B) of
| 645 |
|
section 1513.073 of the Revised Code, the operator making the
| 646 |
|
permit application demonstrates that, prior to January 1, 1977,
| 647 |
|
the operator made substantial legal and financial commitments
in
| 648 |
|
relation
to the operation for which a permit is
sought.
| 649 |
| (3)(a) The applicant shall file with the permit application
a
| 662 |
|
schedule listing all notices of violations of any law, rule, or
| 663 |
|
regulation of the United States or of any department or agency
| 664 |
|
thereof or of any state pertaining to air or water environmental
| 665 |
|
protection incurred by the applicant in connection with any coal
| 666 |
|
mining operation during the three-year period prior to the date
of
| 667 |
|
application. The schedule also shall indicate the final
resolution
| 668 |
|
of such a notice of violation. Upon receipt of an
application, the
| 669 |
|
chief shall provide a schedule listing all
notices of violations
| 670 |
|
of this chapter pertaining to air or water
environmental
| 671 |
|
protection incurred by the applicant during the
three-year period
| 672 |
|
prior to receipt of the application and the
final resolution of
| 673 |
|
all such notices of violation. The chief
shall provide this
| 674 |
|
schedule to the applicant for filing by the
applicant with the
| 675 |
|
application filed for public review, as
required by division
| 676 |
|
(B)(5) of this section. When the schedule
or other information
| 677 |
|
available to the chief indicates that any
coal mining operation
| 678 |
|
owned or controlled by the applicant is
currently in violation of
| 679 |
|
such laws, the permit shall not be
issued until the applicant
| 680 |
|
submits proof that the violation has
been corrected or is in the
| 681 |
|
process of being corrected to the
satisfaction of the regulatory
| 682 |
|
authority, department, or agency
that has jurisdiction over the
| 683 |
|
violation and that any civil
penalties owed to the state for a
| 684 |
|
violation and not the subject
of an appeal have been paid. No
| 685 |
|
permit shall be issued to an
applicant after a finding by the
| 686 |
|
chief that the applicant or the
operator specified in the
| 687 |
|
application controls or has controlled
mining operations with a
| 688 |
|
demonstrated pattern of willful
violations of this chapter of a
| 689 |
|
nature and duration to result in
irreparable damage to the
| 690 |
|
environment as to indicate an intent
not to comply with or a
| 691 |
|
disregard of this chapter.
| 692 |
| (b) For the purposes of division
(E)(3)(a) of this
section,
| 693 |
|
any violation resulting from an unanticipated event or condition
| 694 |
|
at a
surface coal mining operation on lands eligible for remining
| 695 |
|
under a permit
held by the person submitting an application for a
| 696 |
|
coal mining permit under
this section shall not prevent issuance
| 697 |
|
of that permit. As used in this
division, "unanticipated event or
| 698 |
|
condition" means an event or condition
encountered in a remining
| 699 |
|
operation that was not contemplated by the
applicable surface coal
| 700 |
|
mining and reclamation permit.
| 701 |
| (4)(a) In addition to finding the application in
compliance
| 702 |
|
with division (E)(2) of this section, if the area
proposed to be
| 703 |
|
mined contains prime farmland as determined
pursuant to division
| 704 |
|
(B)(1)(p) of this section, the chief,
after consultation with the
| 705 |
|
secretary of the United States
department of agriculture and
| 706 |
|
pursuant to regulations issued by
the secretary of the interior
| 707 |
|
with the concurrence of the
secretary of agriculture, may grant a
| 708 |
|
permit to mine on prime
farmland if the chief finds in writing
| 709 |
|
that the operator has the
technological capability to restore the
| 710 |
|
mined area, within a
reasonable time, to equivalent or higher
| 711 |
|
levels of yield as
nonmined prime farmland in the surrounding area
| 712 |
|
under equivalent
levels of management and can meet the soil
| 713 |
|
reconstruction
standards in section 1513.16 of the Revised Code.
| 714 |
| (6) The chief may issue an order denying a permit after
| 721 |
|
finding that the
applicant, any partner, if the
applicant is a
| 722 |
|
partnership, any officer, principal shareholder, or director, if
| 723 |
|
the applicant is a corporation, or any other person who has a
| 724 |
|
right to control or in fact controls the management of the
| 725 |
|
applicant or the selection of officers, directors, or managers of
| 726 |
|
the applicant has been a sole proprietor or partner, officer,
| 727 |
|
director, principal shareholder, or person having the right to
| 728 |
|
control or has in fact controlled the management of or the
| 729 |
|
selection of officers, directors, or managers of a business
entity
| 730 |
|
that ever has had a coal mining license or permit issued
by this
| 731 |
|
or any other state or the United States suspended or
revoked, ever
| 732 |
|
has forfeited a coal or surface mining bond, performance security,
| 733 |
|
or similar
security deposited in lieu of bond in this or any other
| 734 |
|
state or
with the United States, or ever has substantially or
| 735 |
|
materially
failed to comply with this chapter.
| 736 |
| (7) When issuing a permit under this section, the chief
may
| 737 |
|
authorize an applicant to conduct coal mining and reclamation
| 738 |
|
operations on areas to be covered by the permit that were
affected
| 739 |
|
by coal mining operations before August 3, 1977, that
have
| 740 |
|
resulted in continuing water pollution from or on the
previously
| 741 |
|
mined areas for the purpose of potentially reducing
the pollution
| 742 |
|
loadings of pH, iron, and manganese from discharges
from or on the
| 743 |
|
previously mined areas. Following the chief's
authorization to
| 744 |
|
conduct such operations on those areas, the
areas shall be
| 745 |
|
designated as pollution abatement areas for the
purposes of this
| 746 |
|
chapter.
| 747 |
| (f) Neither the applicant; any partner, if the applicant
is | 769 |
|
a
partnership; any officer, principal shareholder, or
director, | 770 |
|
if
the applicant is a corporation; any other person who
has a | 771 |
|
right
to control or in fact controls the management of the
| 772 |
|
applicant or
the selection of officers, directors, or managers of
| 773 |
|
the
applicant; nor any contractor or subcontractor of the
| 774 |
|
applicant,
has any of the following:
| 775 |
|
(8) In the case of the issuance of a permit that involves a
| 794 |
|
conflict of results between various methods of calculating
| 795 |
|
potential acidity and neutralization potential for purposes of
| 796 |
|
assessing the potential for acid mine drainage to occur at a mine
| 797 |
|
site, the permit shall include provisions for monitoring and
| 798 |
|
record keeping to identify the creation of unanticipated acid
| 799 |
|
water at the mine site. If the monitoring detects the creation of
| 800 |
|
acid water at the site, the permit shall impose on the permittee
| 801 |
|
additional requirements regarding mining practices and site
| 802 |
|
reclamation to prevent the discharge of acid mine drainage from
| 803 |
|
the mine site. As used in division (E)(8) of this section,
| 804 |
|
"potential acidity" and "neutralization potential" have the same
| 805 |
|
meanings as in section 1513.075 of the Revised Code.
| 806 |
| (2) An application for a revision of a permit shall not be
| 810 |
|
approved unless the chief finds that reclamation required by this
| 811 |
|
chapter can be accomplished under the revised reclamation plan.
| 812 |
|
The revision shall be approved or disapproved within ninety days
| 813 |
|
after receipt of a complete revision application. The chief
shall
| 814 |
|
establish, by rule, criteria for determining the extent to
which
| 815 |
|
all permit application information requirements and
procedures,
| 816 |
|
including notice and hearings, shall apply to the
revision
| 817 |
|
request, except that any revisions that propose
significant
| 818 |
|
alterations in the reclamation plan, at a
minimum, shall be
| 819 |
|
subject to notice and hearing requirements.
| 820 |
| (I)(1) If an informal conference has been held pursuant to
| 832 |
|
section 1513.071 of the Revised Code, the chief shall issue and
| 833 |
|
furnish the applicant for a permit, persons who participated in
| 834 |
|
the informal conference, and persons who filed written objections
| 835 |
|
pursuant to division (B) of section 1513.071 of the Revised Code,
| 836 |
|
with the written finding of the chief granting or denying the
| 837 |
|
permit in whole or in part and stating the reasons therefor
within
| 838 |
|
sixty days of the conference, provided that the chief shall comply
| 839 |
|
with the time frames established in division (I)(3) of this
| 840 |
|
section.
| 841 |
| (3) The chief shall grant or deny a permit not later than two
| 848 |
|
hundred forty days after the submission of a complete application
| 849 |
|
for the permit. Any time during which the applicant is making
| 850 |
|
revisions to an application or providing additional information
| 851 |
|
requested by the chief regarding an application shall not be
| 852 |
|
included in the two hundred forty days. If the chief determines
| 853 |
|
that a permit cannot be granted or denied within the
| 854 |
|
two-hundred-forty-day time frame, the chief, not later than two
| 855 |
|
hundred ten days after the submission of a complete application
| 856 |
|
for the permit, shall provide the applicant with written notice of
| 857 |
|
the expected delay.
| 858 |
| Sec. 1513.08. (A) After a coal mining and reclamation
permit | 873 |
|
application has been approved,
the applicant shall file with the | 874 |
|
chief of
the division of mineral
resources
management, on a form | 875 |
|
prescribed and furnished by
the
chief,
the performance security | 876 |
|
required under this section that shall be payable
to the state and | 877 |
|
conditioned on the faithful performance of all
the
requirements | 878 |
|
of this chapter and rules adopted under it and
the
terms and | 879 |
|
conditions of the permit. | 880 |
| (B) Using the information contained in the permit | 881 |
|
application; the requirements contained in the approved permit and | 882 |
|
reclamation plan; and, after considering the topography, geology, | 883 |
|
hydrology, and revegetation potential of the area of the approved | 884 |
|
permit, the probable difficulty of reclamation; the chief shall | 885 |
|
determine the estimated cost of
reclamation under the initial term | 886 |
|
of the permit if the reclamation has to be performed by the | 887 |
|
division of mineral resources management in the event of | 888 |
|
forfeiture of the performance security by the applicant. The chief | 889 |
|
shall send written notice of the amount of the estimated cost of | 890 |
|
reclamation by certified mail to the applicant. The applicant | 891 |
|
shall send written notice to the chief indicating the method by | 892 |
|
which the applicant will provide the performance security pursuant | 893 |
|
to division (C) of this section. | 894 |
| (2) If the applicant elects to provide performance security | 904 |
|
together with reliance on the reclamation forfeiture fund through | 905 |
|
payment of the additional tax on the severance of coal that is | 906 |
|
levied under division (A)(8) of section 5749.02 of the Revised | 907 |
|
Code, an amount of twenty-five hundred dollars per acre of land on | 908 |
|
which the operator will conduct coal mining and reclamation under | 909 |
|
the initial term of the permit as indicated in the application. | 910 |
|
However, in order for an applicant to be eligible to provide | 911 |
|
performance security in accordance with division (C)(2) of this | 912 |
|
section, the applicant, an owner and controller of the
applicant, | 913 |
|
or an affiliate of the applicant shall have held a
permit issued | 914 |
|
under this chapter for any coal mining and
reclamation operation | 915 |
|
for a period of not less than five years. In
the event of | 916 |
|
forfeiture of performance security that was provided
in | 917 |
|
accordance with division (C)(2) of this section, the difference | 918 |
|
between the amount of that performance security and the estimated | 919 |
|
cost of reclamation as determined by the chief under division (B) | 920 |
|
of this section shall be obtained from money in the reclamation | 921 |
|
forfeiture fund as needed to complete the reclamation. | 922 |
| The performance security shall cover areas of
land affected | 926 |
|
by mining within or immediately adjacent to the permitted area,
so | 927 |
|
long as the total number of acres does not exceed the number of | 928 |
|
acres
for which the performance security is provided. However, the | 929 |
|
authority for
the performance security to cover areas of land | 930 |
|
immediately adjacent to the permitted
area does not authorize a | 931 |
|
permittee to mine areas outside an
approved permit area. As | 932 |
|
succeeding increments of coal mining
and reclamation operations | 933 |
|
are to be initiated and conducted
within the permit area, the | 934 |
|
permittee shall file with the chief
additional performance | 935 |
|
security to cover the increments in accordance
with this section. | 936 |
|
If a permittee intends to mine areas outside the approved permit | 937 |
|
area, the permittee shall provide additional performance security | 938 |
|
in accordance with this section to cover the areas to be mined. | 939 |
AnIf an applicant or permittee has not held a permit issued | 940 |
|
under this chapter for any coal mining and reclamation operation | 941 |
|
for a period of five years or more, the applicant or permittee | 942 |
|
shall provide performance security in accordance
with division | 943 |
|
(C)(1) of this section in the full amount of the
estimated cost | 944 |
|
of reclamation as determined by the chief for a
permitted coal | 945 |
|
preparation plant or coal refuse disposal area that
is not | 946 |
located within a permitted area of a mine. A permittee
shall | 947 |
provide the performance security not later than one year
after | 948 |
April 6, 2007, for a
permitted coal preparation plant or
coal | 949 |
refuse disposal area that
is in existence on April 6,
2007,
and | 950 |
that is not located within a permitted area of a mineIf an | 951 |
|
applicant for a permit for a coal preparation plant or coal refuse | 952 |
|
disposal area or a permittee of a permitted coal preparation plant | 953 |
|
or coal refuse disposal area that is not located within a | 954 |
|
permitted area of a mine has held a permit issued under this | 955 |
|
chapter for any coal mining and reclamation operation for a period | 956 |
|
of five years or more, the applicant or permittee may provide | 957 |
|
performance security for the coal preparation plant or coal refuse | 958 |
|
disposal area either in accordance with division (C)(1) of this | 959 |
|
section in the full amount of the estimated cost of reclamation as | 960 |
|
determined by the chief or in accordance with division (C)(2) of | 961 |
|
this section in an amount of twenty-five hundred dollars per acre | 962 |
|
of land with reliance on the reclamation forfeiture fund. If a | 963 |
|
permittee has previously provided performance security under | 964 |
|
division (C)(1) of this section for a coal preparation plant or | 965 |
|
coal refuse disposal area that is not located within a permitted | 966 |
|
area of a mine and elects to provide performance security in | 967 |
|
accordance with division (C)(2) of this section, the permittee | 968 |
|
shall submit written notice to the chief indicating that the | 969 |
|
permittee elects to provide performance security in accordance | 970 |
|
with division (C)(2) of this section. Upon receipt of such a | 971 |
|
written notice, the chief shall release to the permittee the | 972 |
|
amount of
the performance security previously provided under | 973 |
|
division (C)(1)
of this section that exceeds the amount of | 974 |
|
performance security
that is required to be provided under | 975 |
|
division (C)(2) of this
section. | 976 |
|
(D) A permittee's liability under the performance security | 977 |
|
shall be limited to the obligations established under the permit, | 978 |
|
which include completion of the reclamation plan in order to make | 979 |
|
the land capable of supporting the postmining land use that was | 980 |
|
approved in the permit. The period of liability under the | 981 |
|
performance security shall be for the duration of
the coal mining | 982 |
|
and reclamation operation and for a period
coincident with the | 983 |
|
operator's responsibility for revegetation
requirements under | 984 |
|
section 1513.16 of the Revised Code. | 985 |
| (E) The amount of the estimated cost of reclamation | 986 |
|
determined under division (B) of this section and the amount of a | 987 |
|
permittee's performance security provided in accordance with | 988 |
division (C)(1) of this section mayshall be adjusted by the chief | 989 |
|
as
the land that is affected by mining increases or decreases or | 990 |
|
if
the cost of reclamation increases or decreases. If the | 991 |
|
performance
security was provided in accordance with division | 992 |
|
(C)(2) of this
section and the chief has issued a cessation order | 993 |
|
under division
(D)(2) of section 1513.02 of the Revised Code for | 994 |
|
failure to abate
a violation of the contemporaneous reclamation | 995 |
|
requirement under
division (A)(15) of section 1513.16 of the | 996 |
|
Revised Code, the chief
may require the permittee to increase the | 997 |
|
amount of performance
security from twenty-five hundred dollars | 998 |
|
per acre of land to five
thousand dollars per acre of land. | 999 |
| If the chief increases the amount of performance security | 1006 |
|
under this division, the permittee shall provide additional | 1007 |
|
performance security in an amount determined by the chief. If the | 1008 |
|
chief decreases the amount of performance security under this | 1009 |
|
division, the chief shall determine the amount of the reduction of | 1010 |
|
the performance security and send written notice of the amount of | 1011 |
|
reduction to the permittee. The permittee may reduce the amount of | 1012 |
|
the performance security in the amount determined by the chief. | 1013 |
| (F) A permittee may request a reduction in the amount of the | 1014 |
|
performance security by submitting to the chief documentation | 1015 |
|
proving that the amount of the performance security provided by | 1016 |
|
the permittee exceeds the estimated cost of reclamation if the | 1017 |
|
reclamation would have to be performed by the division in the | 1018 |
|
event of forfeiture of the performance security. The chief shall | 1019 |
|
examine the documentation and determine whether the permittee's | 1020 |
|
performance security exceeds the estimated cost of reclamation. If | 1021 |
|
the chief determines that the performance security exceeds that | 1022 |
|
estimated cost, the chief shall determine the amount of the | 1023 |
|
reduction of the performance security and send written notice of | 1024 |
|
the amount to the permittee. The permittee may reduce the amount | 1025 |
|
of the performance security in the amount determined by the chief. | 1026 |
|
Adjustments in the amount of performance security under this | 1027 |
|
division shall not be considered release of performance security | 1028 |
|
and are not subject to section 1513.16 of the Revised Code. | 1029 |
| (G) If the performance security is a bond, it
shall be | 1030 |
|
executed by the operator and a corporate surety licensed
to do | 1031 |
|
business in this state. If the performance security is a cash | 1032 |
|
deposit or negotiable certificates of
deposit of a bank or savings | 1033 |
|
and loan association, the bank or savings and loan association | 1034 |
|
shall be licensed and operating in this state. The cash deposit or | 1035 |
|
market value of the securities shall be equal to or greater than | 1036 |
|
the amount of the performance security required under this | 1037 |
|
section. The chief shall review any documents pertaining to the | 1038 |
|
performance security and approve or disapprove the documents. The | 1039 |
|
chief shall notify the applicant of the chief's determination. | 1040 |
| (I) Performance security provided under this section may be | 1047 |
held in trust, provided that the state is the conditionalprimary | 1048 |
|
beneficiary of the trust
and the custodian of the performance | 1049 |
|
security held in trust is a
bank, trust company, or other | 1050 |
|
financial institution that is
licensed and operating in this | 1051 |
|
state. The chief shall review the
trust document and approve or | 1052 |
|
disapprove the document. The chief
shall notify the applicant of | 1053 |
|
the chief's determination. | 1054 |
| (J) If a surety, bank, savings and loan association, trust | 1055 |
|
company, or other financial institution that holds the performance | 1056 |
|
security required under this section becomes insolvent, the | 1057 |
|
permittee shall notify the chief of the insolvency, and the chief | 1058 |
|
shall order the permittee to submit a plan for replacement | 1059 |
|
performance security within thirty days after receipt of notice | 1060 |
|
from the chief. If the permittee provided performance security in | 1061 |
|
accordance with division (C)(1) of this section, the permittee | 1062 |
|
shall provide the replacement performance security within ninety | 1063 |
|
days after receipt of notice from the chief. If the permittee | 1064 |
|
provided performance security in accordance with division (C)(2) | 1065 |
|
of this section, the permittee shall provide the replacement | 1066 |
|
performance security within one year after receipt of notice from | 1067 |
|
the chief, and, for a period of one year after the permittee's | 1068 |
|
receipt of notice from the chief or until the permittee provides | 1069 |
|
the replacement performance security, whichever occurs first, | 1070 |
|
money in the reclamation forfeiture fund shall be the permittee's | 1071 |
|
replacement performance security in an amount not to exceed the | 1072 |
|
estimated cost of reclamation as determined by the chief. | 1073 |
| (2) The provision of additional performance security in the | 1086 |
|
amount of the estimated cost to the division of mineral resources | 1087 |
|
management to repair material damage and replace water supplies | 1088 |
|
resulting from subsidence until the repair or replacement is | 1089 |
|
completed. However, if such repair or replacement is completed, or | 1090 |
|
compensation for structures that have been damaged by subsidence | 1091 |
|
is provided, by the permittee
within ninety days of
the | 1092 |
|
occurrence of the subsidence,
additional performance security
is | 1093 |
|
not required. In addition, the
chief may extend the ninety-day | 1094 |
|
period for a period not to exceed
one year if the chief | 1095 |
|
determines
that the permittee has
demonstrated in writing that | 1096 |
|
subsidence is
not complete and that
probable subsidence-related | 1097 |
|
damage likely
will occur and, as a
result, the completion of | 1098 |
|
repairs of
subsidence-related material
damage to lands or | 1099 |
|
protected
structures or the replacement of
water supply within | 1100 |
|
ninety days
of the occurrence of the
subsidence would be | 1101 |
|
unreasonable. | 1102 |
| (M) A permittee that held a valid coal mining and reclamation | 1109 |
|
permit immediately prior to April 6, 2007, shall provide, not | 1110 |
|
later than a date established by the chief, performance security | 1111 |
|
in accordance with division (C)(1) or (2) of this section, rather | 1112 |
|
than in accordance with the law as it existed prior to that date, | 1113 |
|
by filing it with the chief on a form that the chief prescribes | 1114 |
|
and furnishes. Accordingly, for purposes of this section, | 1115 |
|
"applicant" is deemed to include such a permittee. | 1116 |
| Sec. 1513.18. (A) All money that becomes the property of
the | 1124 |
|
state under division (G) of section 1513.16
of the
Revised Code | 1125 |
|
shall be deposited in the reclamation forfeiture
fund, which is | 1126 |
|
hereby created in the state treasury. Disbursements from the
fund | 1127 |
|
shall be made by the chief of the
division of mineral resources | 1128 |
|
management for the purpose of reclaiming areas
of land affected by | 1129 |
|
coal mining under a coal mining and
reclamation permit issued on | 1130 |
|
or after September 1, 1981, on which
an operator has defaulted. | 1131 |
| (B) The fund also shall consist of all money from the | 1132 |
|
collection of liens under section 1513.081 of the
Revised
Code, | 1133 |
|
any moneys transferred to
it under section 1513.181 of the
Revised | 1134 |
|
Code from the coal mining and
reclamation reserve fund created in | 1135 |
|
that section, fines collected under division (E) of section | 1136 |
|
1513.02 and section 1513.99 of the Revised Code, fines collected | 1137 |
|
for a violation of section 2921.31 of the Revised Code that, prior | 1138 |
|
to July 1, 1996, would have been a violation of division (G) of | 1139 |
|
section 1513.17 of the Revised Code as it existed prior to that | 1140 |
|
date, and moneys
collected and credited to it pursuant to section | 1141 |
|
5749.02 of the
Revised
Code.
Disbursements from the fund shall be | 1142 |
|
made by
the chief in accordance with division (D) of this section | 1143 |
|
for the purpose of reclaiming areas
that an operator has affected | 1144 |
|
by mining and failed to
reclaim under a coal mining and | 1145 |
reclamation permit issued under
this chapter or under a surface | 1146 |
mining permit issued under
Chapter 1514. of the
Revised
Code. | 1147 |
| The chief may expend moneys from the
fund to pay necessary | 1148 |
|
administrative costs,
including engineering and design services, | 1149 |
|
incurred by the
division of mineral resources management in | 1150 |
|
reclaiming these areas. The chief also may expend moneys from the | 1151 |
|
fund to pay necessary administrative costs of the reclamation | 1152 |
|
forfeiture fund advisory board created in section 1513.182 of the | 1153 |
|
Revised Code as authorized by the board under that section. | 1154 |
|
Expenditures from the fund to pay such administrative
costs need | 1155 |
|
not be made under contract. | 1156 |
| (C) Except when paying necessary administrative costs | 1157 |
|
authorized by division (B) of this section, expenditures from
the | 1158 |
|
fund shall be made under contracts entered into by
the
chief, with | 1159 |
|
the approval of the director of natural resources, in
accordance | 1160 |
|
with procedures established by the chief, by rules
adopted in | 1161 |
|
accordance with section 1513.02 of the Revised Code.
The chief | 1162 |
|
may reclaim the land in the same manner as set forth in
sections | 1163 |
|
1513.21 to 1513.24 of the Revised Code. Each contract
awarded by | 1164 |
|
the chief shall be awarded to the lowest responsive
and | 1165 |
|
responsible bidder, in accordance with section 9.312 of the | 1166 |
|
Revised Code, after sealed bids are received, opened, and | 1167 |
|
published at the time and place fixed by the chief. The chief | 1168 |
|
shall publish notice of the time and place at which bids will be | 1169 |
|
received, opened, and published, at least once and at least ten | 1170 |
|
days before the date of the opening of the bids, in a newspaper
of | 1171 |
|
general circulation in the county in which the area of land to
be | 1172 |
|
reclaimed under the contract is located. If, after
advertising, no | 1173 |
|
bids are received at the time and
place fixed for receiving them, | 1174 |
|
the chief may advertise again for
bids, or, if the chief considers | 1175 |
|
the public interest will
best be
served, the chief may enter into | 1176 |
|
a contract for the
reclamation of the area of
land without further | 1177 |
|
advertisement for bids. The chief may
reject any or all bids | 1178 |
|
received and again publish notice of the
time and place at which | 1179 |
|
bids for contracts will be received,
opened, and published. The | 1180 |
|
chief, with the approval of the
director, may enter into a | 1181 |
|
contract with the landowner, a coal mine operator
or surface mine | 1182 |
|
operator mining under a current, valid permit issued under
this | 1183 |
|
chapter or Chapter 1514. of the Revised Code, or a contractor | 1184 |
|
hired by
the surety or trustee, if the performance security is | 1185 |
|
held in trust, to complete reclamation to carry out reclamation on | 1186 |
|
land affected by coal mining on which an operator has defaulted | 1187 |
|
without advertising for bids. | 1188 |
| (3) If the performance security for the area of land was | 1199 |
|
provided under division (C)(2) of section 1513.08 of the Revised | 1200 |
|
Code, the chief shall use the money from the forfeited performance | 1201 |
|
security to complete the reclamation that the operator failed to | 1202 |
|
do under the operator's applicable coal mining and reclamation | 1203 |
|
permit issued under this chapter. If the money credited to the | 1204 |
|
reclamation forfeiture fund from the forfeiture of the performance | 1205 |
|
security provided under division (C)(2) of section 1513.08 of the | 1206 |
|
Revised Code is not sufficient to complete the reclamation, the | 1207 |
|
chief shall notify the reclamation forfeiture fund advisory board | 1208 |
|
of the amount of the insufficiency. The chief may expend money | 1209 |
|
credited to the reclamation forfeiture fund under section 5749.02 | 1210 |
|
of the Revised Code or transferred to the fund under section | 1211 |
|
1513.181 of the Revised Code to complete the reclamation. The | 1212 |
|
chief shall not expend money from the fund in an amount that | 1213 |
|
exceeds the difference between the amount of the performance | 1214 |
|
security provided under division (C)(2) of section 1513.08 of the | 1215 |
|
Revised Code and the estimated cost of reclamation as determined | 1216 |
|
by the chief under divisions (B) and (E) of that section. | 1217 |
| (4) Money from the reclamation forfeiture fund shall not be | 1218 |
|
used for reclamation of land or water resources affected by | 1219 |
material damage from subsidence or mine drainage that requires | 1220 |
|
extended water treatment after reclamation is completed under the | 1221 |
|
terms of the permit. In
addition, money from the reclamation | 1222 |
|
forfeiture fund shall not be
used to supplement the performance | 1223 |
|
security of an applicant or
permittee that has provided | 1224 |
|
performance security in accordance
with division (C)(1) of | 1225 |
|
section 1513.08 of the Revised Code. | 1226 |
| (E) The chief shall keep a detailed accounting of the | 1227 |
|
expenditures from the reclamation forfeiture fund
to complete | 1228 |
|
reclamation of the land and, upon completion of the
reclamation, | 1229 |
|
shall certify the expenditures to the attorney
general. Upon the | 1230 |
|
chief's certification of the expenditures from
the reclamation | 1231 |
|
forfeiture fund, the attorney general
shall bring an action for | 1232 |
|
that amount of money. The operator is
liable for that expense in | 1233 |
|
addition to any other
liabilities
imposed by law. Moneys so | 1234 |
|
recovered shall be credited to the
reclamation forfeiture fund. | 1235 |
|
The chief shall not postpone
the
reclamation because of any action | 1236 |
|
brought by the attorney general
under this division. Prior to | 1237 |
|
completing reclamation, the chief
may collect through the attorney | 1238 |
|
general any additional amount
that the chief believes will be | 1239 |
|
necessary for reclamation in
excess of the forfeited performance | 1240 |
|
security amount applicable to the land that
the operator should | 1241 |
|
have, but failed to, reclaim. | 1242 |
| (8) Except as otherwise provided in this division or in rules | 1277 |
|
adopted by the reclamation forfeiture fund advisory board under | 1278 |
|
section 1513.182 of the Revised Code, an additional fourteen cents | 1279 |
|
per ton of coal produced from an area under a coal mining and | 1280 |
|
reclamation permit issued under Chapter 1513. of the Revised Code | 1281 |
|
for which the performance security is provided under division | 1282 |
|
(C)(2) of section 1513.08 of the Revised Code. Beginning July
1, | 1283 |
|
2007, if at the end of a fiscal biennium the balance of the | 1284 |
|
reclamation forfeiture fund created in section 1513.18 of the | 1285 |
|
Revised Code is equal to or greater than ten million dollars, the | 1286 |
|
rate levied shall be twelve cents per ton. Beginning July 1, | 1287 |
|
2007, if at the end of a fiscal biennium the balance of the fund | 1288 |
|
is at least five million dollars, but less than ten million | 1289 |
|
dollars, the rate levied shall be fourteen cents per ton. | 1290 |
|
Beginning July 1, 2007, if at the end of a fiscal biennium the | 1291 |
|
balance of the fund is less than five million dollars, the rate | 1292 |
|
levied shall be sixteen cents per ton. Beginning July 1, 2009, | 1293 |
|
not later than thirty days after the close of a fiscal biennium, | 1294 |
|
the chief of the division of mineral resources management shall | 1295 |
|
certify to the tax commissioner the amount of the balance of the | 1296 |
|
reclamation forfeiture fund as of the close of the fiscal | 1297 |
|
biennium. Any necessary adjustment of the rate levied shall take | 1298 |
|
effect on the first day of the following January and shall remain | 1299 |
|
in effect during the calendar biennium that begins on that date. | 1300 |
| (B) Of the moneys received by the treasurer of state from
the | 1303 |
|
tax levied in division (A)(1) of this section, four and | 1304 |
|
seventy-six-hundredths per cent shall be credited to the | 1305 |
|
geological mapping
fund created in section 1505.09 of the Revised | 1306 |
|
Code, eighty and ninety-five-hundredths per cent shall be credited | 1307 |
|
to the
coal mining administration and reclamation reserve fund | 1308 |
|
created
in section 1513.181 of the Revised Code, and fourteen and | 1309 |
|
twenty-nine-hundredths per cent shall
be credited to the | 1310 |
|
unreclaimed lands fund created in section
1513.30 of the Revised | 1311 |
|
Code. | 1312 |
| (C) When, at the close of any fiscal year, the chief finds | 1338 |
|
that
the balance of the reclamation
forfeiture fund, plus | 1339 |
|
estimated transfers
to it from the coal mining administration and | 1340 |
|
reclamation reserve fund under
section 1513.181 of the Revised | 1341 |
|
Code, plus the estimated revenues
from the tax levied by division | 1342 |
|
(A)(8) of this section for the remainder of the
calendar year that | 1343 |
|
includes the close of the fiscal year, are
sufficient to complete | 1344 |
|
the reclamation of all lands for which the performance security | 1345 |
|
has
been provided under division (C)(2) of section 1513.08 of the | 1346 |
|
Revised Code, the
purposes for which the tax under division (A)(8) | 1347 |
|
of this section is levied shall be
deemed accomplished at the end | 1348 |
|
of that calendar year. The chief,
within thirty days after the | 1349 |
|
close of the fiscal year,
shall certify those findings to the tax | 1350 |
|
commissioner, and
the tax levied under division (A)(8) of this | 1351 |
|
section shall
cease to be imposed for the subsequent calendar year | 1352 |
|
after the last day of that
calendar year on coal produced under a | 1353 |
|
coal mining and reclamation
permit issued under Chapter 1513. of | 1354 |
|
the Revised Code if the
permittee has made tax payments under | 1355 |
|
division (A)(8) of this
section during each of the preceding five | 1356 |
|
full calendar years. Not
later than thirty days after the close | 1357 |
|
of a fiscal year, the chief
shall certify to the tax commissioner | 1358 |
|
the identity of any
permittees who accordingly no longer are | 1359 |
|
required to pay the tax
levied under division (A)(8) of this | 1360 |
|
section for the subsequent calendar year. | 1361 |
| Section 3. This act is hereby declared to be an emergency | 1364 |
|
measure necessary for the immediate preservation of the public | 1365 |
|
peace, health, and safety. The reason for such necessity is the | 1366 |
|
need to establish alternate financial security requirements for | 1367 |
|
repairing damage to or restoration of land or water resources due | 1368 |
|
to coal mining-related activities and subsidence, thus protecting | 1369 |
|
the public from damage to such land or water resources by | 1370 |
|
providing the necessary funding mechanism to repair or restore | 1371 |
|
those resources. Therefore, this act shall go into immediate | 1372 |
|
effect. | 1373 |
