Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-1 - General Provisions › Section 1501:14-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapters 1501:14-1 to 1501:14-6 of the
				Administrative Code, except as may be otherwise specifically provided in the
				rules adopted pursuant to Chapter 1514. of the Revised Code:
(A) "Accident," as used in division (C) of
			 section 1514.40 of the Revised Code,
			 means an accident as defined in paragraph (h) of
			 30 C.F.R.
			 50.2.
(B) "Acid Drainage" means the flow of acid
			 water resulting from a surface mining operation.
(C) "Acid Producing Material" means any
			 material with a pH of 4.0 or less, or a calcium carbonate (CaCO3) deficiency of
			 more than five tons of calcium carbonate (CaCO3) per one thousand tons of
			 material.
(D) "Acid Water" means
			 any water, the pH of which, as determined by standard methods, is below
			 6.0.
(E) "Applicant" means any
			 person who applies for a surface mining permit pursuant to Chapter 1514. of the
			 Revised Code.
(F) "Application"
			 means a surface mining application for the permit required by Chapter 1514. of
			 the Revised Code and division 1501:14 of the Administrative Code, and which is
			 on a form prescribed by the chief.
(G) "Aquifer" means a consolidated or
			 unconsolidated geologic formation or series of formations that are
			 hydraulically interconnected and that have ability to receive, store, or
			 transmit water.
(H) "Authorized
			 representative of the miners" means the organization or, if applicable, the
			 individual, authorized by the miners of a surface mining operation as the
			 miners' representative.
(I)
			 "Beneficial Use" means the use of lime mining wastes within a lime mining and
			 reclamation area for land application when it is utilized for agronomic
			 purposes at standard agronomic rates as determined by standard soil testing,
			 for land reclamation in accordance with Chapter 1514. of the Revised Code and
			 the rules adopted under it, including, but not limited to, use as fill material
			 in quarries, and for any other purposes designated by the chief, including
			 demonstration projects approved by the chief.
(J) "Building Permit" means a permit issued
			 by a county, township, or municipal governmental authority which authorizes the
			 construction of a commercial, industrial, residential, or public building. For
			 construction of a building for which no building permit is
			 
								necessary
			 under the law, detailed plans and specifications may, at the chief's
			 discretion, be accepted in lieu of a building permit.
(K) "Certified mine foreperson" means the
			 person whom the operator of a surface mining operation places in charge of the
			 conditions and practices at the mine, who is responsible for conducting
			 workplace examinations under 30 C.F.R. part 56, as amended, and who has passed
			 an examination for the position administered by the division of mineral
			 resources management.
(L) "Chief"
			 means the chief of the division of mineral resources management.
(M) "Contamination" means the degradation of
			 quality in an underground water supply as a result of surface mining activity
			 under Chapter 1514. of the Revised Code.
(N) "Contour" means to grade the affected
			 area to a land configuration similar to that which existed prior to any mining,
			 sufficient to achieve soil stability and control landslides, erosion, and
			 sedimentation with adequate provisions for drainage appropriate to the intended
			 future use.
(O) "Dam" means any
			 artificial barrier together with appurtenant works, which either does or may
			 impound water.
(P) "Delay Interval"
			 means the nominal period of time between the detonation of successive explosive
			 charges.
(Q) "Dewatering" means the
			 withdrawal of ground water from an aquifer or saturated zone which may result
			 in the lowering of the water level within the aquifer or saturated zone, or a
			 decline of the potentiometric surface within that aquifer or saturated
			 zone.
(R) "Dike" means any
			 artificial barrier together with appurtenant works that will divert or restrain
			 the flow of a stream or other body of water for the purpose of protecting an
			 area from inundation by flood waters.
(S) "Diversion" means a channel with a ridge
			 on the lower side which is constructed across the slope and is used for
			 intercepting, directing, or channeling water.
(T) "Drainage Channel" means a natural or
			 constructed watercourse or channel, having a definite bed and sides or banks,
			 through which water flows.
(U)
			 "Excavate" means to remove topsoil, overburden, minerals, or incidental coal
			 from a natural deposit in the process of surface mining.
(V) "Fatality," as used in division (C) of
			 section 1514.41 of the Revised Code,
			 means a death of an individual at a mine.
(W) "Fill in quarries" means the discrete,
			 controlled placement and compaction of lime mining wastes within the mined area
			 of a quarry which is permitted and bonded under Chapter 1514. of the Revised
			 Code. The purposes of the fill include, but are not limited to, raising the
			 general contour back to an approximate original elevation, backfilling
			 highwalls, creating safety egress areas, and fish and wildlife habitat. "Fill
			 in quarries" does not include random deposition of non-calcined
			 materials.
(X) "Grade" means to
			 reshape the affected area to a reasonably smooth configuration to achieve soil
			 stability and control landslides, erosion, and sedimentation, with adequate
			 provisions for drainage appropriate to the intended future use.
(Y) "Ground water" means all water occurring
			 in an aquifer.
(Z) "Hazardous
			 condition" means an unsafe condition at a surface mining operation that could
			 reasonably be expected to cause death or serious physical harm due to the
			 violation of a safety standard contained in 30 C.F.R. part 56 or 58.
(AA) "Haul Road" means any road used to
			 transport minerals from the area of land affected.
(BB) "Highwall" means the steeply inclined
			 unexcavated face of exposed consolidated materials or exposed consolidated
			 overburden in an open cut of a surface mine.
(CC) "Impervious Material" means a material
			 through which fluid does not readily pass because of low porosity, very small
			 individual pores, or pores that are disconnected.
(DD) "Incidental to construction work" means
			 the extraction of minerals which is necessary to enable the construction to be
			 accomplished, but does not include generalized site development for the future
			 use of commercial, industrial or residential building construction for which no
			 building permit has been issued.
(EE) "Life-threatening injury," as used in
			 division (D) of section
			 1514.41 of the Revised Code,
			 means an accident or injury as defined in paragraphs (h)(2) to (h)(12) of
			 30 C.F.R.
			 50.2.
(FF) "Lime Mining Wastes" means residual
			 solid or semisolid materials generated from lime or limestone mining and
			 processing operations, including, without limitation, lime kiln dust, scrubber
			 sludge from kiln operations, lime or limestone materials not meeting product
			 specification, lime hydrating materials, and other lime or limestone mining,
			 processing, or calcining materials associated with lime or limestone mining or
			 processing. "Lime Mining Wastes" does not include materials generated for the
			 manufacture of cement.
(GG)
			 "Lost-time accident," as used in rule
			 1501:14-2-09 of the
			 Administrative Code, means the same as a "Non-Fatal Days Lost incident" and an
			 "NFDL incident" as used by
MSHA and includes any accident or occupational injury that
				caused no fatality but that resulted in days away from work or days of
				restricted work activity for an employee at a surface mining operation.
(HH) "Mine safety training" means
			 any training relating to mine safety provided by the division of mineral
			 resources management or such other training relating to mine safety as
			 otherwise permitted or required by Chapter 1514. of the Revised Code or these
			 rules.
(II) "Mining Area" means:
(1) An area of land affected by the removal
			 of topsoil, overburden, minerals or minerals and incidental coal in the
			 production of such minerals or minerals and incidental coal. Mining areas
			 
									are not
			  considered  contiguous if connected solely by haul
			 roads;
(2) For purposes of
			 application for an exemption for extraction of incidental coal, calculation of
			 production or revenues derived from incidental coal extraction, and compliance
			 with or reporting on an incidental coal exemption, an individual excavation
			 site or pit from which coal, other minerals, and overburden are removed.