reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1510 | Oil and Natural Gas Marketing Program › Section 1510.10 | Suspending Operation of Program.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
(A) The technical advisory council temporarily may suspend the operation of a marketing program, or any part of a program, for any reason upon recommendation by the operating committee of the program for a period of not more than twelve consecutive months.
(B) At least once in each five years of operation, or at any time upon written petition by the lesser of one hundred or ten per cent of the producers in this state, the council shall hold a hearing as prescribed in Chapter 119. of the Revised Code to consider the continuation of the program.
(C) Not later than thirty days after the close of any hearing to consider the continuation of a marketing program, the council shall recommend continuation or termination of the program, shall give public notice, and shall notify each producer of record, all parties appearing at the hearing, and other interested parties of the recommendation.
(D) When the council recommends termination of a marketing program, within forty-five days the council shall conduct a referendum to determine whether producers favor the proposed termination. Producers favor the termination of the program if a majority of the producers who vote in the referendum vote in favor of termination of the program.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1510 | Oil and Natural Gas Marketing Program › Section 1510.11 | Termination Procedure.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
(A) When producers favor termination of a marketing program established under this chapter, the operating committee of the program and the technical advisory council shall terminate all operations of the program.
(B)(1) Except as provided in division (B)(2) of this section, upon termination of a program, the council shall return any remaining unobligated money to the producers who paid the assessments levied under section 1510.08 of the Revised Code during the immediately preceding twelve months and shall prorate the money accordingly.
(2) If a program is operated by a nonprofit corporation that is organized under Chapter 1702. of the Revised Code for the purpose of carrying out the purposes identified in division (A) (1) of section 1510.02 of the Revised Code, and if the nonprofit corporation is exempt from federal income taxation pursuant to section 501(a) of the Internal Revenue Code and is described in section 501(c)(3) of the Internal Revenue Code, upon termination of the program, the nonprofit corporation shall distribute any remaining unobligated money to be used for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code or to the federal, a state, or a local government to be used for a public purpose. If there remains any unobligated money after the distribution by the nonprofit corporation, the court of common pleas of the county in which the principal office of the nonprofit corporation is located shall distribute the remaining unobligated money to be used for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, to the federal, a state, or a local government to be used for a public purpose, or to one or more organizations that are organized and operated exclusively for one or more of the purposes that are within the meaning of section 501(c)(3) of the Internal Revenue Code, as the court determines is best to accomplish the exempt purposes of the nonprofit corporation.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1510 | Oil and Natural Gas Marketing Program › Section 1510.12 | Action to Enforce Compliance.

Effective:
December 18, 1997
Latest Legislation:
Senate Bill 46 - 122nd General Assembly
The technical advisory council may institute an action at law or in equity that appears necessary to enforce compliance with this chapter, a procedure established under it, or a marketing program established under it.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1510 | Oil and Natural Gas Marketing Program › Section 1510.13 | Prohibited Acts Regarding Assessments.

Effective:
December 18, 1997
Latest Legislation:
Senate Bill 46 - 122nd General Assembly
(A) No person shall knowingly fail or refuse to withhold or remit any assessment levied under section 1510.08 of the Revised Code.
(B) Before criminal proceedings are instituted pursuant to this section, the technical advisory council shall give the alleged violator an opportunity to present the alleged violator's views concerning why the proceedings should not be instituted.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1511 | Division of Soil and Water Resources › Section 1511.023 | Confidentiality of Certain Information.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
(A) Except as provided in division (B) of this section, the director of natural resources, an employee of the department of natural resources, the supervisors of a soil and water conservation district, an employee of a district, and a contractor of the department or a district shall not disclose either of the following:
(1) Information, including data from geographic information systems and global positioning systems, provided by a person who owns or operates agricultural land or an animal feeding operation and operates under an operation and management plan;
(2) Information gathered as a result of an inspection of agricultural land or an animal feeding operation to determine whether the person who owns or operates the land or operation is in compliance with an operation and management plan.
(B) The director or the supervisors of a district may release or disclose information specified in division (A)(1) or (2) of this section to a person or a federal, state, or local agency working in cooperation with the chief of the division of soil and water resources or the supervisors in the development of an operation and management plan or an inspection to determine compliance with such a plan if the director or supervisors determine that the person or federal, state, or local agency will not subsequently disclose the information to another person.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.03 | Mineral Resources Inspectors - Right of Entry.

Effective:
July 1, 2007
Latest Legislation:
House Bill 187 - 126th General Assembly
The chief of the division of mineral resources management shall designate certain employees of the division as mineral resources inspectors for the purpose of enforcing the coal mining laws and the surface mining laws. Those inspectors may enter upon and inspect any coal or surface mining operation at any time, and, upon entering the permit area, an inspector shall notify the operator and shall furnish proper identification. After the final maps have been approved, the inspector shall notify the nearest mine office of the operator and advise of the inspection. Inspectors may serve and execute warrants and other processes of law issued in the enforcement of this chapter and Chapter 1514. of the Revised Code and the rules adopted under them.
The inspectors, while in the normal, lawful, and peaceful pursuit of their duties, may enter upon, cross over, and remain upon privately owned lands for such purposes, and shall not be subject to arrest for trespass while so engaged or for such cause thereafter.
Before a person, other than a person who was an inspector of coal or surface mining operations or oil and gas operations on July 1, 1999, is eligible for appointment as a mineral resources inspector, the person shall pass an examination prepared and administered by the department of administrative services and shall serve for a probationary period of six months to the satisfaction of the chief. The chief may hire, pending the administration of a civil service examination and establishment of a civil service eligibility list, a person as a mineral resources inspector, who shall have the same authority as an inspector hired from an eligible list. This section does not affect the status of any person employed as an inspector of coal or surface mining operations or oil and gas operations prior to July 1, 1999.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.04 | Prohibited Acts.

Effective:
September 1, 1981
Latest Legislation:
House Bill 1051 - 113th General Assembly
No employee of the state performing any function or duty under Chapter 1513. or 1514. of the Revised Code shall:
(A) Engage in coal or surface mining operations as a sole proprietor or as a partner;
(B) Be an officer, director, stockholder, owner, or part-owner of any corporation engaged in coal or surface mining operations;
(C) Be employed as an attorney, agent, or in any other capacity by any person engaged in coal or surface mining operations;
(D) Have a direct or indirect financial interest in any coal mining or reclamation operation.
Any person who violates this section shall be removed from office or dismissed from employment.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.072 | Administrative Rules for Coal Exploration Operations.

Effective:
June 14, 2000
Latest Legislation:
House Bill 601 - 123rd General Assembly
(A) Coal exploration operations that substantially disturb the natural land surface shall be conducted in accordance with exploration rules adopted by the chief of the division of mineral resources management. The rules shall include, at a minimum:
(1) The requirement that prior to conducting any exploration under this section, any person shall file with the chief notice of intention to explore, which shall include a description of the exploration area and period of proposed exploration;
(2) Provisions for reclamation in accordance with the performance standards in section 1513.16 of the Revised Code of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of necessary facilities and equipment.
(B) Information submitted to the chief pursuant to this section as confidential concerning trade secrets or privileged commercial or financial information that relates to the competitive rights of the person or entity intending to explore the described area shall not be available for public examination.
(C) A person who conducts any coal exploration activities that substantially disturb the natural land surface in violation of this section or rules adopted pursuant thereto is subject to division (E) of section 1513.02 of the Revised Code.
(D) No person shall remove more than two hundred fifty tons of coal pursuant to an exploration permit without the specific written approval of the chief.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.074 | Application for Extension of Permit to Contiguous Land.

Effective:
March 18, 1983
Latest Legislation:
Senate Bill 240 - 114th General Assembly
An operator may file an application for an extension of a currently active permit to land contiguous to the permit area of the permit. The application shall be subject to the full standards applicable to new applications under this chapter, except that the applicant may incorporate by reference current information contained in the application for the original permit. If the original permit is unavailable or the information is not current, the applicant shall replace or supply such information at all appropriate locations.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.076 | Agency Coordination and Cooperation Respecting Permits.

Effective:
April 7, 2009
Latest Legislation:
Senate Bill 386 - 127th General Assembly
The director of environmental protection and the director of natural resources shall jointly establish procedures that do all of the following:
(A) Provide for the coordination of the issuance of coal mining and reclamation permits under this chapter and permits and certifications under Chapter 6111. of the Revised Code for coal mining and reclamation operations;
(B) Provide for the direct cooperation of the staff of the environmental protection agency and the staff of the division of mineral resources management in the review and approval or denial of coal mining and reclamation permits issued under this chapter and permits and certifications issued under Chapter 6111. of the Revised Code;
(C) Provide for direct and effective communication between the staff of the environmental protection agency and the staff of the division of mineral resources management regarding the review and approval or denial of coal mining and reclamation permits issued under this chapter and permits and certifications issued under Chapter 6111. of the Revised Code;
(D) Provide for the creation of a joint agency coal task force consisting of employees of the environmental protection agency and the division of mineral resources management for the purpose of ensuring that the procedures established under divisions (A) to (C) of this section are properly implemented.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.081 | Priority Lien Where Permittee Becomes Insolvent or Alternative Not Provided.

Effective:
September 30, 2011
Latest Legislation:
House Bill 163 - 129th General Assembly
(A) If a permittee becomes insolvent, or an alternative financial security to provide long-term water treatment or a long-term alternative water supply, or both, is not provided in accordance with division (F)(8) of section 1513.16 of the Revised Code, the division of mineral resources management shall have a priority lien in front of all other interested creditors against the assets of that permittee for the amount of any reclamation that is required as a result of the permittee's mining activities. The chief of the division of mineral resources management shall file a statement in the office of the county recorder of each county in which the mined land lies of the estimated cost to reclaim the land and, if applicable, the cost to provide long-term water treatment or a long-term alternative water supply, or both. The estimated cost to reclaim the land and, if applicable, the cost to provide long-term water treatment or a long-term alternative water supply, or both, shall include the direct and indirect costs of the development, design, construction, management, and administration of the reclamation and, if applicable, the long-term water treatment or long-term alternative water supply. The statement shall constitute a lien on the assets of the permittee as of the date of the filing. The lien shall continue in force so long as any portion of the lien remains unpaid or until the chief issues a certificate of release of the lien. If the chief issues a certificate of release of the lien, the chief shall file the certificate of release in the office of each applicable county recorder.
(B) The chief promptly shall issue a certificate of release of a lien under any of the following circumstances:
(1) Upon the repayment in full of the money that is necessary to complete the reclamation, develop and implement mine drainage plans, or provide alternative financial security for water treatment or to provide and maintain an alternative water supply, as applicable;
(2) Upon the transfer of an existing permit that includes the areas of the operation for which reclamation of land and water resources was not completed to a different applicant;
(3) Any other circumstance that the chief determines to be in the best interests of the state.
(C) The chief may modify the amount of a lien under this section. If the chief modifies a lien, the chief shall file a statement in the office of the county recorder of each applicable county of the new amount of the lien.
(D) The chief may authorize an agent to hold a certificate of release in escrow for a period not to exceed one hundred eighty days for the purpose of facilitating the transfer of unreclaimed mine land.
(E) All money from the collection of liens under this section shall be deposited in the state treasury to the credit of the reclamation forfeiture fund created in section 1513.18 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.11 | Order of Chief or Representative Shall Be in Writing.

Effective:
June 14, 2000
Latest Legislation:
House Bill 601 - 123rd General Assembly
Every order of the chief of the division of mineral resources management or an authorized representative of the chief affecting the rights, duties, or privileges of an operator or the operator's surety or of an applicant for a license or permit shall be in writing and contain a finding of the facts upon which the order is based. Notice of the order shall be given by certified mail or personal service to the person whose rights, duties, or privileges are affected.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.131 | Public Adjudicatory Hearings.

Effective:
July 1, 2009
Latest Legislation:
House Bill 525 - 127th General Assembly
For the purpose of conducting any public adjudicatory hearing under this chapter, the chief, or the reclamation commission may require the attendance of witnesses and the production of books, records, and papers, and may, and at the request of any party, shall issue subpoenas for witnesses or subpoenas duces tecum to compel the production of any books, records, papers, or other material relevant to the inquiry, directed to the sheriff of the counties where the witnesses or materials are found, which subpoenas shall be served and returned in the same manner as subpoenas issued by courts of common pleas are served and returned. The fees of sheriffs shall be the same as those allowed by the court of common pleas in criminal cases. Witnesses shall be paid the fees and mileage provided for under section 119.094 of the Revised Code.
In cases of disobedience or neglect of any subpoena served on any person or the refusal of any witness to testify to any matter regarding which the witness may lawfully be interrogated, the court of common pleas of the county in which such disobedience, neglect, or refusal occurs, or any judge thereof, on application of the chief or the commission or any member thereof, shall compel obedience by attachment procedures for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify therein.
A witness at any hearing shall testify under oath or affirmation, which the chief or any member of the commission may administer.
Hearing officers designated by the commission shall have the same powers and authority in conducting the hearings as granted to the commission. Whenever a hearing officer conducts a hearing, the officer shall prepare a report setting forth the hearing officer's findings of fact and conclusions of law and a recommendation of the action to be taken by the commission. The hearing officer shall file the report with the secretary of the commission and shall mail a copy by certified mail to the parties. A party may, within fourteen days after receipt of the report, serve and file written objections to the hearing officer's report with the secretary of the commission. Objections shall be specific and state with particularity the grounds therefor. Upon consideration of the objections, the commission may adopt, reject, or modify the report; hear additional evidence; return the report to the hearing officer with instructions; or hear the matter itself.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.14 | Appeal to Court of Appeals.

Effective:
September 5, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
(A) Any party aggrieved or adversely affected by a decision of the reclamation commission may appeal to the court of appeals for the county in which the activity addressed by the decision of the commission occurred, is occurring, or will occur, which court has exclusive jurisdiction over the appeal. The appeal shall be filed within thirty days of issuance of the decision of the commission. The court shall confine its review to the record certified by the commission. The court may, upon motion, grant such temporary relief as it considers appropriate pending final disposition of the appeal if all of the following apply:
(1) All parties to the appeal have been notified and given an opportunity to be heard on a request for temporary relief.
(2) The person requesting the relief shows that there is a substantial likelihood that the person will prevail on the merits.
(3) The relief will not adversely affect public health or safety or the health or safety of miners or cause significant imminent environmental harm to land, air, or water resources.
The court shall affirm the decision of the commission unless the court determines that it is arbitrary, capricious, or otherwise inconsistent with law, in which case the court shall vacate the decision and remand to the commission for such further proceedings as it may direct.
(B) Any order of the chief of the division of mineral resources management adopting a rule shall be subject to judicial review in the Franklin county court of appeals, which court has exclusive original jurisdiction to review the order. A petition for review of the order shall be filed within thirty days from the date of such order. The petition may be made by any person who participated in the rule-making proceedings and who is aggrieved by the order. The court shall confine its review to the record of the rule-making proceedings. The order shall be affirmed unless the court concludes that the order is arbitrary, capricious, or otherwise inconsistent with law, in which case the court shall vacate the order or portion thereof and remand to the chief for such further proceedings as it may direct.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.162 | Operator to Replace Water Supply.

Effective:
September 1, 1981
Latest Legislation:
House Bill 1051 - 113th General Assembly
(A) The operator of a coal mining operation shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution, or interruption proximately resulting from the coal mining operation and shall reimburse the owner for the reasonable cost of obtaining a water supply from the time of the contamination, diminution, or interruption by the operation until the water supply is replaced.
(B) This chapter does not affect in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a coal mining operation.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.17 | Prohibited Acts.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
(A) No person shall:
(1) Engage in coal mining or conduct a coal mining operation without a permit issued by the chief of the division of mineral resources management;
(2) Knowingly violate a condition or exceed the limits of a permit;
(3) Knowingly fail to comply with an order of the chief issued under this chapter;
(4) Knowingly violate any provision of this chapter not specifically mentioned in this section;
(5) Knowingly make any false statement, representation, or certification or knowingly fail to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or under a final order or decision issued by the chief;
(6) Knowingly prevent, hinder, delay, or otherwise obstruct the operator from completing backfilling, grading, resoiling, establishing successful vegetation, and meeting all other reclamation requirements of this chapter prior to the final release of the operator's performance security.
(B) Division (A)(1) of this section imposes strict criminal liability.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.20 | Purchase or Acquisition of Eroded Land.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The chief of the division of mineral resources management, with the approval of the director of natural resources, may purchase or acquire by gift, donation, or contribution any eroded land, including land affected by strip mining, for which no cash is held in the reclamation forfeiture fund created by section 1513.18 of the Revised Code. For this purpose the chief may expend money deposited in the mining regulation and safety fund created by section 1513.30 of the Revised Code. All lands purchased or acquired shall be deeded to the state, but no deed shall be accepted or the purchase price paid until the title has been approved by the attorney general.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.21 | Chief of Division Shall Reclaim Land.

Effective:
June 14, 2000
Latest Legislation:
House Bill 601 - 123rd General Assembly
From moneys appropriated for this purpose, the chief of the division of mineral resources management shall reclaim any land or tract of land acquired pursuant to section 1513.20 of the Revised Code in such manner that, after reclamation, such land or tract shall be suitable for agriculture, forests, recreation, wildlife, water conservation, or such other use as the chief may deem proper for such land, or tract of land, in light of the character of the soil, the topography of the land or tract to be reclaimed and of the surrounding lands, the proximity thereof to urban centers, and the requirements of any applicable conservation program.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.22 | Plan of Reclamation and Estimate of Cost.

Effective:
June 14, 2000
Latest Legislation:
House Bill 601 - 123rd General Assembly
Before proceeding to reclaim any land or tract of land acquired pursuant to section 1513.20 of the Revised Code, the chief of the division of mineral resources management shall determine the purpose or purposes for which such land or tract should be devoted after reclamation and shall develop a plan of reclamation for such land or tract reasonably designed to accomplish such purpose or purposes and an estimate of the cost thereof. When completed such plan shall be submitted to the director of natural resources who may approve or disapprove the same.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.23 | Studies, Surveys and Maps for Planning Reclamation.

Effective:
June 14, 2000
Latest Legislation:
House Bill 601 - 123rd General Assembly
In determining the purpose or purposes for which any land or tract of land should be devoted after reclamation and in preparing a plan of reclamation, the chief of the division of mineral resources management may call to the chief's assistance, temporarily, any engineers or other employees in any state department or in the Ohio state university, or other educational institutions financed wholly or in part by the state, for the purpose of making studies, surveys, and maps and for the purpose of devising the most effective and economical plan of reclamation.
Such engineers and employees shall not receive any additional compensation other than that which they receive from the department by which they are employed, but they shall be reimbursed for their actual and necessary expenses incurred while working under the direction of the chief.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.24 | Implementing Reclamation Plan.

Effective:
June 14, 2000
Latest Legislation:
House Bill 601 - 123rd General Assembly
After a plan of reclamation is approved by the director of natural resources, the chief of the division of mineral resources management, from any moneys appropriated for the reclamation of strip mined lands, shall proceed to carry out the plan.
With the approval of the director, the chief may carry out any such plan or any part of such plan with the employees and equipment of any division of the department of natural resources or the chief may carry out any such plan, or any part of such plan by contracting therefor, provided that the chief shall not enter into any contract, agreement, or understanding unless the same is approved by the director.
Any such contract shall be entered into by the chief, with the approval of the director, with persons who agree therein to furnish any of the materials, equipment, or labor. Each such contract shall be awarded by the chief to the lowest responsive and responsible bidder, in accordance with section 9.312 of the Revised Code, after sealed bids therefor are received, opened, and published at the time and place fixed by the chief, and notice of the time and place at which the sealed bids will be received, opened, and published, has been published by the chief at least once at least ten days before the opening of the bids in a newspaper of general circulation in the county in which the area of land to be reclaimed under the contract is located, provided that if, after so advertising for bids for the contract, no bids therefor are received by the chief at the time and place fixed for receiving them, the chief may advertise again for such bids, but the chief is not required to do so, and the chief may, if the chief considers the public interest will be best served thereby, enter into a contract for the reclamation of the land or tract without further advertisement for bids. The chief may reject any or all bids received and fix and publish again notice of the time and place at which bids for such contracts will be received, opened, and published.
The chief shall require every contractor performing reclamation work under this section to pay workers at the greater of their rate of pay, as established by contract, agreement, or prior custom or practice, or the average wage rate paid in this state for the same or similar work as determined by the chief under section 1513.02 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.25 | Transferring or Selling Reclaimed Land or Interest in Land.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
After completion of the reclamation of a tract of land acquired pursuant to section 1513.20 of the Revised Code, the chief of the division of mineral resources management may, if the land is suitable to the uses of any other department, division, office, or institution of the state, transfer the land or tract to that department, division, office, or institution, subject to the approval of the director of natural resources.
With the approval of the attorney general and the director, the chief may sell any such land or tract, after completion of the plan of reclamation, when the sale is advantageous to the state.
With the approval of the attorney general and the director, the chief may grant easements and leases on the land or tract under terms advantageous to the state, and may grant mineral rights on a royalty basis.
All money received from the sale of reclaimed lands, or in payment for easements, leases, or royalties, shall be paid to the mining regulation and safety fund created in section 1513.30 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.26 | Annual Report.

Effective:
June 14, 2000
Latest Legislation:
House Bill 601 - 123rd General Assembly
The chief of the division of mineral resources management shall make an annual report to the governor and to the general assembly. The report shall identify each reclamation project, state the number of acres reclaimed by the division or persons with whom it contracts under sections 1513.20 to 1513.25 of the Revised Code, identify the county in which the project is located, and make a detailed accounting of expenditures.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.34 | Education and Training for Mineral Resources Inspectors, District Supervisors, and Enforcement Personnel.

Effective:
July 1, 2007
Latest Legislation:
House Bill 187 - 126th General Assembly
The chief of the division of mineral resources management shall provide education and training for all mineral resources inspectors, district supervisors, and enforcement personnel. The chief shall provide, on a regular basis as funding allows, continuing education and training as necessary for all mineral resources inspectors, district supervisors, and enforcement personnel.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.36 | Experimental Practices.

Effective:
June 14, 2000
Latest Legislation:
House Bill 601 - 123rd General Assembly
In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, residential, agricultural, or public use, including recreational facilities, the chief of the division of mineral resources management, with approval by the secretary of the United States department of the interior, may authorize departures in individual cases on an experimental basis from the environmental performance standards set forth in this chapter. Such departures may be authorized if:
(A) The experimental practices are potentially more or at least as environmentally protective, during and after mining operations, as those required under this chapter and rules adopted thereunder;
(B) The mining operations approved for particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice;
(C) The experimental practices do not reduce the protection afforded public health and safety below that provided under this chapter and rules adopted thereunder.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.38 | Compliance With Requirements.

Effective:
September 1, 1981
Latest Legislation:
House Bill 1051 - 113th General Assembly
Any agency, unit, or instrumentality of federal, state, or local government, including any publicly owned corporation of federal, state, or local government, or any publicly owned utility that proposes to conduct coal mining operations that are subject to the requirements of Chapter 1513. of the Revised Code shall comply with all the requirements of Chapter 1513. of the Revised Code and rules adopted thereunder.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.39 | Retaliation Against Employees Prohibited.

Effective:
June 14, 2000
Latest Legislation:
House Bill 601 - 123rd General Assembly
(A) No person shall discharge, or in any other way discriminate against or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that the employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this chapter or has testified or is about to testify in any proceeding resulting from the administration or enforcement of this chapter.
(B) Any employee or representative of employees who believes that the employee or representative has been fired or otherwise discriminated against by any person in violation of division (A) of this section may, within thirty days after the alleged violation occurs, apply to the chief of the division of mineral resources management for a review of the firing or alleged discrimination. A copy of the application shall be sent to the person or operator who will be the respondent. Upon receipt of the application, the chief shall cause such investigation to be made as the chief considers appropriate. The investigation shall provide an opportunity for a public hearing at the request of any party to the review to enable the parties to present information relating to the alleged violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record. Upon receiving the report of the investigation the chief shall make findings of fact. If the chief finds that a violation did occur, the chief shall issue a decision incorporating therein the chief's findings and an order requiring the party committing the violation to take such affirmative action to abate the violation as the chief considers appropriate, including, but not limited to, the rehiring or reinstatement of the employee or representative of employees to the employee's or representative's former position with compensation. If the chief finds that there was no violation, the chief shall issue a finding to that effect. Orders issued by the chief under this division shall be subject to judicial review in the same manner as orders and decisions of the chief are subject to judicial review under this chapter.
(C) Whenever an order is issued under this section to abate any violation, at the request of the applicant, a sum equal to the aggregate amount of all costs and expenses, including attorney's fees, determined to have been necessary and reasonably incurred by the applicant for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the persons committing the violation and may be awarded in accordance with division (E) of section 1513.13 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.40 | Liability of Corporate Director, Officer or Agent.

Effective:
June 14, 2000
Latest Legislation:
House Bill 601 - 123rd General Assembly
Whenever a corporate permittee violates a condition of a permit issued pursuant to this chapter or fails or refuses to comply with any order of the chief of the division of mineral resources management or the chief's representative, any director, officer, or agent of the corporation who purposely authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon a person under this chapter.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.41 | Informant May Accompany Inspector.

Effective:
June 14, 2000
Latest Legislation:
House Bill 601 - 123rd General Assembly
When an inspection by the chief of the division of mineral resources management or the chief's representative results from information provided by any person, the chief or the chief's representative shall notify the person when the inspection is proposed to be carried out and the person may accompany the chief or the chief's representative during the inspection.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1513 | Coal Surface Mining › Section 1513.99 | Penalty.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) Whoever violates division (A)(1), (2), (3), (4), or (5) of section 1513.17 of the Revised Code shall be fined not less than one hundred nor more than ten thousand dollars, imprisoned for not more than one year, or both.
(B) Whoever knowingly violates section 1513.04 of the Revised Code shall be fined not more than two thousand five hundred dollars, imprisoned not more than one year, or both.
(C) Whoever violates division (A)(6) of section 1513.17 of the Revised Code shall be fined not less than one hundred nor more than one thousand dollars.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.011 | Authority of Division of Mineral Resources Management.

Effective:
April 6, 2007
Latest Legislation:
House Bill 443 - 126th General Assembly
The division of mineral resources management has authority over all surface mining operations located in the state and shall exercise that authority as provided in this chapter.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.023 | Zoning Resolutions or Ordinances.

Effective:
March 15, 2002
Latest Legislation:
Senate Bill 83 - 124th General Assembly
Nothing in this chapter or rules adopted under it shall be construed to prevent any county, township, or municipal corporation from enacting, adopting, or enforcing zoning resolutions or ordinances. However, the chief of the division of mineral resources management shall not enforce such zoning resolutions or ordinances.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.024 | Agreement for Road Improvement.

Effective:
March 15, 2002
Latest Legislation:
Senate Bill 83 - 124th General Assembly
A local authority may enter into an agreement with the operator of a surface or in-stream mining operation or of a proposed surface or in-stream mining operation for the improvement of roads under the jurisdiction of that local authority that may be affected by the operation or for other improvements within the jurisdiction of that local authority. However, nothing in this section requires the surface or in-stream mining operator to enter into such an agreement.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.051 | Forfeiture of Performance Bond - Priority Lien.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) If an operator or a partner or officer of the operator forfeits a performance bond, the division of mineral resources management shall have a priority lien in front of all other interested creditors against the assets of that operator for the amount that is needed to perform any reclamation that is required as a result of the operator's mining activities. The chief of the division of mineral resources management shall file a statement in the office of the county recorder of each county in which the mined land lies of the estimated costs to reclaim the land. Estimated costs shall include direct and indirect costs of the development, design, construction, management, and administration of the reclamation. The statement shall constitute a lien on the assets of the operator as of the date of the filing. The lien shall continue in force so long as any portion of the lien remains unpaid or until the chief issues a certificate of release of the lien. If the chief issues a certificate of release of the lien, the chief shall file a certificate of release in the office of each applicable county recorder.
(B) The chief promptly shall issue a certificate of release under any of the following circumstances:
(1) Upon the repayment in full of the money that is necessary to complete the reclamation;
(2) Upon the transfer of an existing permit that includes the areas of the surface mine for which reclamation was not completed from the operator that forfeited the performance bond to a new operator;
(3) Any other circumstance that the chief determines to be in the best interests of the state.
(C) The chief may modify the amount of a lien under this section. If the chief modifies a lien, the chief shall file a statement in the office of the county recorder of each applicable county of the new amount of the lien.
(D) The chief may authorize a closing agent to hold a certificate of release in escrow for a period not to exceed one hundred eighty days for the purpose of facilitating the transfer of unreclaimed mine land.
(E) All money from the collection of liens under this section shall be deposited in the state treasury to the credit of the mining regulation and safety fund created in section 1513.30 of the Revised Code.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.07 | Order of Chief to Be in Writing.

Effective:
March 15, 2002
Latest Legislation:
Senate Bill 83 - 124th General Assembly
Each order of the chief of the division of mineral resources management affecting the rights, duties, or privileges of an operator or the operator's surety or of an applicant for a permit or an amendment to a permit or a plan shall be in writing and contain a finding by the chief of the facts upon which the order is based. Notice of the order shall be given by certified mail to each person whose rights, duties, or privileges are affected.
If the chief finds that an operator has violated any requirement of this chapter, failed to perform any measure set forth in the approved plan of mining and reclamation that is necessary to prevent damage to adjoining property or to achieve, or has otherwise failed to achieve, the performance standards of division (A)(10) of section 1514.02 of the Revised Code, or caused damage to adjoining property, the chief may issue orders directing the operator to cease violation, perform such measures, achieve such standards, or prevent or abate off-site damage. The order shall identify the operation where the violation occurs, the specific requirement violated, measure not performed, standard not achieved, or off-site damage caused, and where practicable prescribe what action the operator may take to comply with the order. The chief shall fix and set forth in the order a reasonable date or time by which the operator shall comply, and the order shall state that the chief may revoke the operator's permit if the order is not complied with by that date or time. If upon that date or time the chief finds that the operator has not complied with the order, the chief may issue an order revoking the operator's permit.
2023 Ohio Revised Code › Title 15 | Conservation of Natural Resources › Chapter 1514 | Other Surface Mining › Section 1514.072 | Civil Action to Compel Compliance With Order.

Effective:
March 15, 2002
Latest Legislation:
Senate Bill 83 - 124th General Assembly
Whenever a person fails to comply with an order issued by the chief of the division of mineral resources management, the chief, in addition to any other remedy under this chapter, may request the attorney general to institute a civil action to compel compliance with the order, including a permanent or temporary injunction, a restraining order, or any other appropriate order, in the court of common pleas of the county in which the noncompliance is occurring or has occurred. The court shall grant the relief requested upon a demonstration that noncompliance with an order of the chief is occurring or has occurred.