reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-9 - Identification of Mine Area: Environmental Integrity; Postmining Use of Land › Section 1501:13-9-14 - Backfilling and grading

Current through all regulations passed and filed through July 1, 2024
(A) In order to achieve the approximate
			 original contour, the operator shall, as provided by this rule, transport,
			 backfill, compact where advisable to ensure stability or to prevent leaching of
			 toxic materials, and grade all spoil material to eliminate all highwalls, spoil
			 piles, and depressions. Where highwalls are reduced by blasting, all of the
			 provisions of this rule will apply. Small depressions may be left if compatible
			 with the future land use and comply with the requirements of this rule. Cut and
			 fill terraces may be used only in those situations expressly identified in this
			 rule. The postmining graded slopes must approximate the premining natural
			 slopes in the area in accordance with paragraphs (B) and (C)(1) of this rule,
			 except as provided under paragraph (L)of this rule.
(B) Slope measurements.
(1) To determine the natural slopes of the
			 area before mining, representative slopes must be accurately measured and
			 recorded.
(a) Each slope measurement shall be
			 taken along the prevailing slope extending one hundred linear feet above and
			 below or beyond the coal outcrop or the area to be disturbed, or, where this is
			 impractical, at locations specified by the chief.
(b) Where the area has been previously mined,
			 the measurements shall be representative of the premining configuration of the
			 land.
(c) Slope measurements shall
			 take into account natural variations in slope so as to provide accurate
			 representation of the range of natural slopes and shall reflect geomorphic
			 differences of the area to be disturbed.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-9 - Identification of Mine Area: Environmental Integrity; Postmining Use of Land › Section 1501:13-9-15 - Revegetation

Current through all regulations passed and filed through July 1, 2024
(A) Definitions.
(1) "Countable tree" means a tree or shrub
			 that:
(a) Is in place for at least two
			 years;
(b) Is alive and
			 healthy;
(c) Has at least one-third
			 of its length in live crown, with green foliage during its growing season, and
			 is not diseased or insect-infested; and
(d) Has a root crown or root sprouts over one
			 foot in height. Root crowns or root sprouts over one foot in height shall count
			 as one towards meeting the stocking requirements. Where multiple stems occur,
			 only the tallest stem will be counted.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-9 - Identification of Mine Area: Environmental Integrity; Postmining Use of Land › Section 1501:13-9-16 - Cessation of operations

Current through all regulations passed and filed through July 1, 2024
(A) Temporary cessation.
(1) Each person who conducts coal mining
			 operations shall effectively secure surface facilities in areas in which there
			 are no current operations, but in which operations are to be resumed under an
			 approved permit. Temporary abandonment shall not relieve a person of his
			 or her
			 obligation to comply with any provisions of the approved plan of mining
			 and reclamation for the permit.
(2) Before temporary cessation of mining and
			 reclamation operations for a period of thirty days or more, or as soon as it is
			 known that a temporary cessation will extend beyond thirty days,
			 a person who conducts coal mining operations shall
			 submit to the chief a notice of intention to cease or abandon mining and
			 reclamation operations. This notice shall include a statement of the exact
			 number of acres which will have been affected in the permit area prior to such
			 temporary cessation, the extent and kind of reclamation of those areas which
			 will have been accomplished,
									identification of the backfilling,
			 regrading, revegetation, environmental monitoring, and water treatment
			 activities that will continue during the temporary cessation, and an estimate
			 of the date that operations will resume.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-9 - Identification of Mine Area: Environmental Integrity; Postmining Use of Land › Section 1501:13-9-17 - Postmining use of land

Current through all regulations passed and filed through July 1, 2024
(A) All affected areas shall be reclaimed in
			 a timely manner:
(1) To conditions that are
			 capable of supporting the uses which they were capable of supporting before any
			 mining; or
(2) To higher or better
			 uses achievable under criteria and procedures of paragraph (D) of this
			 rule.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-10 - Roads › Section 1501:13-10-01 - Roads: performance standards

Current through all regulations passed and filed through July 1, 2024
(A) Road classification system.
(1) Each road shall be classified as either a
			 primary road or a secondary road.
(2) A "primary road" is any road which is:
(a) Used for transporting coal or
			 spoil;
(b) Frequently used for
			 access or other purposes for a period in excess of six months; or
(c) To be retained for an approved postmining
			 land use.
(3) A
			 "secondary road" is any road not classified as a primary road.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-11 - Transportation and Support Facilities and Utility Installation › Section 1501:13-11-01 - Other transportation facilities

Current through all regulations passed and filed through July 1, 2024
Railroad loops, spurs, sidings, surface conveyor systems,
				chutes, aerial tramways, or other transportation facilities shall be designed,
				constructed or reconstructed, and maintained and the area restored to:
(A) Prevent, to the extent possible using the
			 best technology currently available:
(1)
			 Damage to fish, wildlife, and related environmental values; and
(2) Additional contributions of suspended
			 solids to streamflow or runoff outside the permit area. Any such contributions
			 shall not be in excess of limitations of state or federal law.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-11 - Transportation and Support Facilities and Utility Installation › Section 1501:13-11-02 - Support facilities and utility installations

Current through all regulations passed and filed through July 1, 2024
(A) Each applicant for a coal mining and
			 reclamation permit shall submit a description, plans and drawings for each
			 support facility to be constructed, used or maintained within the proposed
			 permit area, in addition to mapping of certain support facilities as required
			 in paragraphs (A)(30) to (A)(36) of rule
			 1501:13-4-08
			 of the Administrative Code and paragraph (A)(23) of rule 1501:13-4-08.1 of the
			 Administrative Code, submittal of narrative explanations and descriptions as
			 required in paragraphs (A) (2)(b) and (B)(1) of rules
			 1501:13-4-05
			 and
			 1501:13-4-14
			 of the Administrative Code, and submittal of descriptions, including maps and
			 cross-sections, as required in paragraph (M) of rule
			 1501:13-4-05
			 of the Administrative Code and paragraph (L) of rule
			 1501:13-4-14
			 of the Administrative Code. The plans and drawings shall include a map,
			 appropriate cross sections, design drawings, and specifications sufficient to
			 demonstrate compliance with paragraph (B) of this rule.
(B) Support facilities required for, or used
			 incidentally to, the operation of the mine, including, but not limited to, mine
			 buildings, coal loading facilities at or near the minesite, coal storage
			 facilities, equipment storage facilities, fan buildings, hoist buildings,
			 preparation plants, sheds, shops, and other buildings, shall be designed,
			 constructed or reconstructed and located to prevent or control erosion and
			 siltation, water pollution, and damage to public or private property. Support
			 facilities shall be designed, constructed or reconstructed, maintained and used
			 in a manner which prevents, to the extent possible using the best technology
			 currently available:
(1) Damage to fish,
			 wildlife, and related environmental values;
(2) Additional contributions of suspended
			 solids to streamflow or runoff outside the permit area. Any such contributions
			 shall not be in excess of limitations of state or federal law.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-12 - Underground Operations; Subsidence Control › Section 1501:13-12-01 - Underground operations

Current through all regulations passed and filed through July 1, 2024
(A) Underground operations shall comply with
			 Chapters 1501:13-1 to 1501:13-14 of the Administrative Code except where
			 indicated otherwise.
(B)
			 Underground operations shall  comply with all applicable requirements of Chapter
			 1513. of the Revised Code.
Effective: 1/17/2016
Five Year
				Review (FYR) Dates: 11/02/2015 and
				01/16/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.02,
				1513.35
Rule
				Amplifies: 1513.07,
				1513.16,
				1513.35
Prior
				Effective Dates: 8/28/78, 5/1/80, 8/16/82 (Emer),
				10/27/82
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-12 - Underground Operations; Subsidence Control › Section 1501:13-12-03 - Subsidence control

Current through all regulations passed and filed through July 1, 2024
(A) The permittee shall either:
(1) Adopt measures consistent with known
			 technology which prevent subsidence from causing material damage to the extent
			 technologically and economically feasible, maximize mine stability, and
			 maintain the value and reasonably foreseeable use of surface lands;
			 or
(2) Adopt mining technology
			 which provides for planned subsidence in a predictable and controlled manner.
			 Nothing in this part shall be construed to prohibit the standard method of
			 room-and-pillar mining.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-12 - Underground Operations; Subsidence Control › Section 1501:13-12-04 - Underground mine entry and access discharges

Current through all regulations passed and filed through July 1, 2024
(A) Surface entries and access to underground
			 workings, including adits and slopes, shall be located, designed, constructed,
			 and utilized to prevent or control gravity discharge of water from the mine.
(B) Gravity discharge of water
			 from an underground mine, other than a drift mine subject to paragraph (C) of
			 this rule, may be allowed by the chief, if it is demonstrated that:
(1) The discharge:
(a) Without treatment, satisfies the water
			 effluent limitations of all applicable state and federal water quality
			 standards; and
(b) The discharge
			 will result in changes in the prevailing hydrologic balance that are minimal
			 and approved postmining land uses will not be adversely affected; or
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-13 - Miscellaneous Surface and Underground Mining › Section 1501:13-13-02 - Auger mining additional performance standards

Current through all regulations passed and filed through July 1, 2024
(A) General.
(1) Auger mining operations shall be
			 conducted in accordance with the requirements of Chapters 1501:13-9 to
			 1501:13-11 of the Administrative Code, except as provided in this
			 rule.
(2) The chief may prohibit
			 auger mining, if necessary, to:
(a) Maximize
			 the utilization, recoverability, or conservation of the solid-fuel resource;
			 or
(b) Protect against adverse
			 water-quality impacts.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-13 - Miscellaneous Surface and Underground Mining › Section 1501:13-13-03 - Operations on prime farmland

Current through all regulations passed and filed through July 1, 2024
(A) Special requirements. Coal mining and
			 reclamation operations conducted on prime farmland shall meet the following
			 requirements:
(1) A permit shall be obtained
			 for those operations under paragraph (F) of rule
			 1501:13-4-12
			 of the Administrative Code; and
(2)
			 Soil materials to be used in the reconstruction of the prime farmland soil
			 shall be removed before drilling, blasting, or mining, in accordance with
			 paragraphs (B) and (C) of this rule and in a manner that prevents mixing or
			 contaminating these materials with undesirable material. Where removal of soil
			 materials results in erosion that may cause air and water pollution, the chief
			 shall specify methods to control erosion of exposed overburden.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-13 - Miscellaneous Surface and Underground Mining › Section 1501:13-13-04 - Mountaintop removal mining

Current through all regulations passed and filed through July 1, 2024
(A) Mountaintop removal mining operations
			 shall be exempt from the requirements of rule
			 1501:13-9-14
			 of the Administrative Code for achieving approximate original contour, if the
			 following requirements are met:
(1) The chief
			 grants a variance under paragraph (C) of rule
			 1501:13-4-12
			 of the Administrative Code;
(2) An
			 industrial, commercial, agricultural, residential, or public facility
			 (including recreation facilities) use is proposed for the affected land;
(3) The alternative land use
			 criteria in rule
			 1501:13-9-17
			 of the Administrative Code are met and the proposal is approved by the chief;
			 and
(4) All other applicable
			 requirements of these rules and the requirements of division (B) of section
			 1513.16 of the Revised Code will
			 be met.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-13 - Miscellaneous Surface and Underground Mining › Section 1501:13-13-05 - Steep slope mining

Current through all regulations passed and filed through July 1, 2024
(A) The operator conducting coal mining and
			 reclamation operations on natural slopes that exceed twenty degrees, or on
			 lesser slopes that require measures to protect the area from disturbance, as
			 determined by the chief after consideration of soils, climate, the method of
			 operation, geology, and other regional characteristics, shall meet the
			 performance standards of this rule. The standards of this rule do not apply
			 where mining is done on a flat or gently rolling terrain with an occasional
			 steep slope through which the mining proceeds and leaves a plain or
			 predominantly flat area, or where the mining is governed by rule
			 1501:13-13-04
			 of the Administrative Code:
(1) Spoil, waste
			 materials or debris, including that from clearing and grubbing and abandoned or
			 disabled equipment, shall not be placed or allowed to remain on the downslope;
(2) The highwall shall be
			 completely covered with compacted spoil and the disturbed area graded to comply
			 with the provisions of rule
			 1501:13-9-14
			 of the Administrative Code. Land above the highwall shall not be disturbed
			 unless the chief finds that this disturbance will facilitate compliance with
			 the environmental protection standards of these rules and the disturbance is
			 limited to that necessary to facilitate compliance. The person who conducts the
			 coal mining and reclamation operation must demonstrate to the chief, using
			 standard geotechnical analysis, that the minimum static factor of safety for
			 the stability of all portions of the reclaimed land is at least 1.3;
(3) Material in excess of that required to
			 meet the provisions of rule
			 1501:13-9-14
			 of the Administrative Code shall be disposed of in accordance with the
			 requirements of paragraph (B) of this rule;
(4) Woody materials may be buried in the
			 backfilled area only when burial does not cause, or add to, instability of the
			 backfill when approved by the chief; and
(5) Unlined or unprotected drainage channels
			 shall not be constructed on backfills unless approved by the chief as stable
			 and not subject to erosion.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-13 - Miscellaneous Surface and Underground Mining › Section 1501:13-13-07 - In situ processing

Current through all regulations passed and filed through July 1, 2024
(A) Performance standards.
(1) The person who conducts in situ
			 processing activities shall comply with the provisions of this rule.
(2) In situ processing activities shall be
			 planned and conducted to minimize disturbance to the prevailing hydrologic
			 balance by:
(a) Avoiding discharge of fluids
			 into holes or wells, other than as approved by the chief;
(b) Injecting process recovery fluids only
			 into geologic zones or intervals approved as production zones by the chief;
(c) Avoiding annular injection
			 between the wall of the drill hole and the casing; and
(d) Preventing discharge of process fluid
			 into surface waters.
(3) Each person who conducts in situ
			 processing activities shall submit for approval as part of the application for
			 permit and follow after approval, a plan that ensures that all acid-forming,
			 toxic-forming, or radioactive gases, solids, or liquids constituting a fire,
			 health, safety, or environmental hazard and caused by the mining and recovery
			 process are promptly treated, confined, or disposed of, in a manner that
			 prevents contamination of ground and surface waters, damage to fish, wildlife
			 and related environmental values, and threats to the public health and safety.
(4) Each person who conducts in
			 situ processing activities shall prevent flow of the process recovery fluid:
(a) Horizontally beyond the affected area
			 identified in the permit; and
(b)
			 Vertically into overlying or underlying aquifers.
(5) Each person who conducts in situ
			 processing activities shall restore the quality of affected ground water in the
			 permit and adjacent area, including ground water above and below the production
			 zone, to the approximate premining levels or better, to ensure that the
			 potential for use of the ground water is not diminished.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-13 - Miscellaneous Surface and Underground Mining › Section 1501:13-13-08 - Restoration off the permit area by means of mitigation

Current through all regulations passed and filed through July 1, 2024
(A) General
			 requirements.
(1) The permittee shall restore
			 on the permit area streams and wetlands affected by mining operations unless
			 the chief approves restoration off the permit area by means of mitigation
			 pursuant to division (A)(25) of section
			 1513.16 of
			 the Revised Code and this rule.
(2)
			 An applicant's or permittee's request for restoration off the permit area
			 pursuant to division (A)(25) of section
			 1513.16 of
			 the Revised Code and this rule, submitted to the chief as part of an
			 application for a permit or a revision to a permit, shall be subject to the
			 requirements of these rules for applications for permits and revisions to
			 permits.
(3) Areas off the permit
			 area proposed for restoration shall be in compliance with paragraph (E) of rule
			 1501:13-9-04
			 of the Administrative Code.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-14 - Enforcement › Section 1501:13-14-01 - Inspections

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 this rule:
(1) "Chief" shall mean the chief,
			 his or her authorized representative, or any inspection officer.
(2) "Inactive coal mining and reclamation
			 operation" means an operation:
(a) For which
			 the chief has secured from the permittee the written notice required under
			 paragraph (A) of rule
			 1501:13-9-16
			 of the Administrative Code; or
(b)
			 For which reclamation phase II as defined in paragraph (B)(1)(b) of rule
			 1501:13-7-05
			 or paragraph (B)(1)(b) of rule 1501:13-7-05.1 of the Administrative Code has
			 been completed.
(3)
			 "Abandoned coal mining and reclamation operation" means an operation where the
			 chief has found in writing that:
(a) All
			 surface and underground coal mining and reclamation activities at the site have
			 ceased;
(b) The chief has issued at
			 least one notice of violation, and either:
(i)
			 Is unable to serve the notice despite diligent efforts to do so; or
(ii) The notice was served and has progressed
			 to a failure-to-abate cessation order;
(c) The chief:
(i) Is taking action to ensure that the
			 permittee and operator, and owners and controllers of the permittee and
			 operator, will be precluded from receiving future permits while violations
			 continue at the site; and
(ii) Is
			 taking action pursuant to rules
			 1501:13-14-02 and
			 1501:13-14-06
			 of the Administrative Code, or section
			 1513.02,
			 1513.15,
			 1513.40,
			 or
			 1513.99 of the Revised
			 Code to ensure that abatement occurs or that there will not be a recurrence of
			 the failure-to-abate, except where after evaluating the circumstances, the
			 chief concludes that further enforcement offers little or no likelihood of
			 successfully compelling abatement or recovering any reclamation costs;
			 and
(d) Where the site
			 is, or was, permitted and performance security was provided:
(i) The permit has either expired or been
			 revoked; and
(ii) The chief
			 initiated and is diligently pursuing forfeiture of, or has forfeited, any
			 available performance security.
(4) "Active coal mining and reclamation
			 operation" means an operation other than an inactive or abandoned coal mining
			 and reclamation operation.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-14 - Enforcement › Section 1501:13-14-02 - Enforcement

Current through all regulations passed and filed through July 1, 2024
(A) Cessation
			 orders.
(1) Imminent danger; significant harm.
(a) An authorized representative of the chief
			 shall immediately order a cessation of coal mining and reclamation operations
			 or of the relevant portion thereof, if he or she finds on the basis of any
			 inspection, any condition or practice, or any violation of Chapter 1513. of the
			 Revised Code or rules adopted thereunder, or any condition of a coal
			 exploration approval or permit or a coal mining and reclamation permit, which:
(i) Creates an imminent danger to the health
			 or safety of the public; or
(ii) Is
			 causing or can reasonably be expected to cause significant, imminent
			 environmental harm to land, air or water resources.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-14 - Enforcement › Section 1501:13-14-03 - Civil penalties

Current through all regulations passed and filed through July 1, 2024
(A) The chief shall review each notice of
			 violation and cessation order in accordance with the assessment procedures
			 described in this rule to determine whether a civil penalty shall be assessed,
			 the amount of the penalty, and whether each day of a continuing violation will
			 be deemed a separate violation for purposes of the total penalty
			 assessed.
(B) The chief shall
			 assess a penalty for each cessation order. In all other instances, the chief
			 shall consider the factors listed in paragraph (C) of this rule in determining
			 whether to assess a penalty.
(C) In
			 determining the amount of the penalty, the chief shall consider:
(1) The permittee's history of previous
			 violations at the particular coal mining operation;
(2) The seriousness of the violation,
			 including any irreparable harm to the environment and any hazard to the health
			 or safety of the public;
(3)
			 Whether the permittee was negligent;
(a)
			 "Negligence" means the failure of a permittee to prevent the occurrence of any
			 violation of the conditions of the permit or Chapter 1513. of the Revised Code
			 or rules adopted thereunder due to indifference, lack of diligence, or lack of
			 reasonable care, or the failure to abate any violation of the permit or the law
			 due to indifference, lack of diligence, or lack of reasonable care;
(b) A "greater degree of fault than
			 negligence" means reckless, knowing, or intentional conduct; and
(4) The demonstrated good faith of
			 the permittee to whom the notice or order was issued in attempting to achieve
			 rapid compliance after notification of the violation;
(a) "Rapid compliance" means that the person
			 to whom the notice or order was issued took extraordinary measures to abate the
			 violation in the shortest possible time and that abatement was achieved before
			 the time set for abatement;
(b)
			 "Normal compliance" means the person to whom the notice or order was issued
			 abated the violation within the time given for abatement;
(c) If consideration of this criterion is
			 impractical because of the length of the abatement period, the assessment may
			 be made without considering this criterion and may be reassessed after the
			 violation has been abated.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-14 - Enforcement › Section 1501:13-14-05 - Informal conferences

Current through all regulations passed and filed through July 1, 2024
(A) Procedure for request for informal
			 conference. Any person whose interests are or may be adversely affected by the
			 issuance of a permit, the issuance of a significant revision to a permit or the
			 renewal of a permit, or the officer or head of any federal, state or local
			 government agency or authority, or any permittee whose performance security
			 amount is proposed to be adjusted in accordance with paragraph (E) of rule
			 1501:13-7-02
			 of the Administrative Code, may, in writing, request that the chief hold an
			 informal conference on the application for a permit or application for
			 significant revision or renewal of a permit or on the proposed performance
			 security adjustment. The request shall:
(1)
			 Briefly summarize the issues to be raised at the conference by the person
			 requesting the conference; and
(2)
(a) Be filed with the chief not later than
			 thirty days after the last publication of the newspaper advertisement placed by
			 the applicant under paragraph (A)(1) of rule
			 1501:13-5-01
			 of the Administrative Code; or
(b)
			 Be filed with the chief not later than thirty days after receipt by the
			 permittee of the proposed performance security adjustment.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-14 - Enforcement › Section 1501:13-14-06 - Individual civil penalties

Current through all regulations passed and filed through July 1, 2024
(A) Definitions. For the purposes of this
			 rule:
(1)
									
			 "Violation" means a violation of any requirement of Chapter 1513. of the
			 Revised Code, rules adopted thereunder, or of any permit condition.
(2)
			 "Failure or refusal" means a failure or refusal to comply with any notice of
			 violation or order of the chief issued under Chapter 1513. of the Revised Code,
			 except that non-payment of civil penalties assessed against a corporate
			 permittee or non-compliance with any order issued by the chief under section
			 1513.39 of the Revised Code does
			 not constitute a failure or refusal.
(3) "Willfully" means
			 that an individual acted:
(a) Either
			 intentionally, voluntarily or consciously; and
(b) With intentional disregard or plain
			 indifference to legal requirements in authorizing, ordering or carrying out a
			 corporate permittee's action or omission that constituted a violation, failure
			 or refusal.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-1 - General Provisions › Section 1501:14-1-02 - Severability

Current through all regulations passed and filed through July 1, 2024
The validity of any rule or portion thereof, adopted or amended
				by the chief, pursuant to Chapter 1514. of the Revised Code, will not be
				affected by the invalidity of any other rule or portion thereof adopted or
				amended thereunder by the chief.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-1 - General Provisions › Section 1501:14-1-03 - Successor division

Current through all regulations passed and filed through July 1, 2024
Unless expressly provided to the contrary by any rule or any
				section of the Revised Code, any rule adopted or amended by the chief pursuant
				to Chapter 1514. of the Revised Code shall apply to, and be the rule of, any
				division or other unit of the department of natural resources, which by virtue
				of a consolidation or reorganization pursuant to section
				121.07 of the Revised Code, or
				by legislative action, succeeds to the responsibility of the division of
				mineral resources management to administer and enforce Chapter 1514. of the
				Revised Code.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-1 - General Provisions › Section 1501:14-1-04 - Procedure for filing applications

Current through all regulations passed and filed through July 1, 2024
(A) An application for a surface mining
			 permit or for an amendment to a surface mining permit
			 
								will
			 not be deemed filed when it is received by the chief unless the application
			 contains all substantial information required by Chapter 1514. of the Revised
			 Code and rules adopted pursuant thereto.
(B) Each application for a surface mining
			 permit or for an amendment to a surface mining permit shall be in the format
			 required by the chief and  be filed at
			 the address, "Division of Mineral Resources Management, 2045 Morse Road,
			 Building H, Columbus, Ohio 43229."
(C) Each application for a surface mining
			 permit or for an amendment to a surface mining permit shall contain such
			 attachments as are required by Chapter 1514. of the Revised Code and rules
			 adopted pursuant thereto.
(D)
(1) An application for a surface mining
			 permit or an amendment to a surface mining permit or any other form that
			 requires a signature of an applicant or permittee shall be signed by:
(a) The operator, if the applicant or
			 permittee is a sole proprietorship;
(b) Any partner, if the applicant or
			 permittee is a partnership;
(c) Any
			 officer or director, if the applicant or permittee is a corporation;
(d) Any other person who has a right to
			 control or in fact controls the management of the applicant or the selection of
			 officers, directors, or managers of the applicant, if such person is so
			 designated in the permit application as having such authority; or
(e) Any other person who is the authorized
			 agent of the applicant or permittee for purpose of signing and is so designated
			 in the application.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-1 - General Provisions › Section 1501:14-1-05 - Permit transfers

Current through all regulations passed and filed through July 1, 2024
(A)
			 Transfer of permit rights.
(1)
									Submission of an application for transfer of a surface
			 mining permit is necessary for any
			 person seeking to succeed by transfer to the rights granted by a permit.
									
									The chief will prescribe forms
			 
									for the application that request, at a minimum:
(a) The name and address of the existing
			 permittee and the permit number;
(b) The information required by divisions
			 (A)(1), (A)(7), and (A)(8) of section
			 1514.02 of the Revised Code for
			 the applicant proposing to succeed by transfer, and if applicable, the name and
			 address of that person's statutory agent;
(c) The signatures of the applicant and the
			 current permit holder, and
(d) A
			 sworn statement by the applicant for the transfer as required by division
			 (A)(14) of section 1514.02 of the Revised
			 Code.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-1 - General Provisions › Section 1501:14-1-08 - Certificate of public liability insurance

Current through all regulations passed and filed through July 1, 2024
(A) Public liability insurance required by
			 division (A)(13) of section
			 1514.02 of the Revised Code
			 
								is
			 effective from the date of issuance of the permit until the release of the
			 final portion of the performance bond.
(B)
								
								A rider requiring that the insurer notify the chief of
			 termination of the policy or failure to renew
								is necessary for any
			 public liability insurance policy.
(C) The permittee's proof of insurance
			 coverage may be submitted on a form provided by the chief or on a form provided
			 by the insurance provider
								that includes, at a
			 minumim
								:
(1) The name of the permittee covered by the
			 policy, or if the insured is not the permittee, the name(s) of the operator(s)
			 or operation(s) covered by the policy;
(2) The policy number;
(3) The policy period;
(4) The amount of coverage; and
(5) The name, address, and telephone number
			 of the insurance provider.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-1 - General Provisions › Section 1501:14-1-09 - Payment of fees and filing of performance bond

Current through all regulations passed and filed through July 1, 2024
(A)
								
								Required fees
			 and surety bond, cash, an irrevocable letter of credit, or certificates of
			 deposit are to be filed by the applicant within
			 the time prescribed by the chief in the notification of intention to issue an
			 order granting a surface mining permit, a renewal of a surface mining permit,
			 or an amendment to a surface mining permit.
(1) The requirement of division (A) of
			 section 1514.04 of the Revised Code that
			 the applicant file a surety bond, cash, an irrevocable letter of credit, or
			 certificates of deposit in the amount of ten thousand dollars
			 
									do not
			 apply to permits of twenty or fewer acres issued prior to August 15, 2002.
			 For these
			  permits, any of the following is to be
			 filed:
									 a surety
			 bond, cash, an irrevocable letter of credit, or certificates of deposit in the
			 amount of two thousand dollars, or five hundred dollars per acre of land to be
			 affected, whichever is greater.
(2)
			 The requirement of division (A) of section
			 1514.04 of the Revised Code
			 that, if the amount of land to be affected is more than twenty acres, the
			 applicant file a surety bond, cash, an irrevocable letter of credit, or
			 certificates of deposit in the amount of five hundred dollars per acre of land
			 to be affected that exceeds twenty acres  apply to all surface mining applications and
			 to all existing permits regardless of issuance date.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-1 - General Provisions › Section 1501:14-1-14 - Reports

Current through all regulations passed and filed through July 1, 2024
Any reports required to be filed by Chapter 1514. of the
				Revised Code 
								will not be deemed filed when received by the chief
				unless the reports contain all substantial information required by Chapter
				1514. of the Revised Code and rules adopted pursuant thereto.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-1 - General Provisions › Section 1501:14-1-15 - Public notice of hearing to adopt, amend, or rescind rules

Current through all regulations passed and filed through July 1, 2024
(A) Public notices
			 of hearings to adopt, amend, or rescind rules, which are conducted by the Ohio
			 department of natural resources, division of mineral resources management,
			 shall be
			 given in the register of Ohio as required by Chapter 119. of the Revised Code.
			 The website for the register of Ohio is
http://www.registerofohio.state.oh.us/
.
(B) Public notice of a hearing to adopt,
			 amend, or rescind rules shall be given at least thirty days prior to the
			 hearing. The notice shall: state the division's intention to consider adopting,
			 amending, or rescinding rules; include a synopsis  of the proposed rules, amendments, or rules to be rescinded,
			 or a general statement of the subject matter to which such proposed rules,
			 amendments or rescissions relate; state the reason or
			 purpose for adopting, amending, or rescinding the rules; and enumerate
			 the date, time, and place of the hearing on the proposed action, which shall
			 not be earlier than the thirty-first nor later than the fortieth day after the
			 proposed rules, amendments or rescissions are filed. The notice shall also
			 state the place where a copy of the proposed rules, amendments or rescissions
			 may be obtained. The chief shall provide a copy of the public notice to anyone
			 who requests it and pays a reasonable fee, not to exceed the cost of copying
			 and mailing.
Effective: 8/22/2016
Five Year
				Review (FYR) Dates: 06/07/2016 and
				08/22/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1514.08,
				1514.081,
				1514.13,
				1514.40
Rule
				Amplifies: 1514.08,
				1514.081,
				1514.13,
				1514.40
Prior
				Effective Dates: 1/15/75, 2/15/03,
				10/6/11
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-1 - General Provisions › Section 1501:14-1-16 - Incorporation by reference

Current through all regulations passed and filed through July 1, 2024
(A) The
			 Code of Federal Regulations (C.F.R.) references listed in Chapter 1501:14-1 and
			 Chapters 1501:14-3 to 1501:14-6 of the Administrative Code are those published
			 on the following date(s): for Title 30, July 1, 2023; for Title
			 40, July 1, 2023. These regulations can generally be found in
			 public libraries or electronically at the website govinfo.gov/. These
			 regulations are:
(1)
									30 C.F.R.
			 50.2.
(2) 30 C.F.R. parts 56 and 58, as
			 amended.
(3) 40 C.F.R. parts 122,
			 123, and 136, as amended.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-2 - Mine Safety › Section 1501:14-2-01 - Incorporation by reference of mine safety standards

Current through all regulations passed and filed through July 1, 2024
(A) The Code of Federal Regulations (C.F.R.)
			 references listed in Chapter 1501:14-2 of the Administrative Code are those
			 published in the July 1, 2023, C.F.R. These regulations can generally be found
			 in public libraries or electronically at the website govinfo.gov/. These
			 regulations are 30 C.F.R. parts 46, 47, 50, 56, 58, and 62, as
			 amended.
(B) This rule shall be
			 reviewed annually and updated as pertinent changes take place in 30 C.F.R. and
			 as the publication date of the C.F.R. is updated.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-2 - Mine Safety › Section 1501:14-2-02 - Safety standards governing surface mining operations

Current through all regulations passed and filed through July 1, 2024
The safety requirements of 30 C.F.R. parts 46, 47, 50, 56, 58,
				and 62, as amended, are hereby incorporated by reference and
				are
				the safety standards governing surface mining conducted pursuant to Chapter
				1514. of the Revised Code and these rules. To minimize duplication with MSHA
				and to fulfill the requirements of divisions (A) and (C) of section
				1514.40, of the Revised Code for
				the purpose of establishing safety standards governing surface mining
				operations conducted pursuant to Chapter 1514. of the Revised Code, the
				requirements relating to MSHA's 7000-1 report, as set forth in 30 C.F.R. part
				50, subpart C and subpart D, are not incorporated in these rules.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-2 - Mine Safety › Section 1501:14-2-03 - Criteria, standards and procedures governing annual safety performance evaluations of surface mining operations that are inspected by MSHA

Current through all regulations passed and filed through July 1, 2024
This rule applies to surface mining operations that are
				inspected by MSHA.
(A) The chief
			 annually 
								will conduct, in accordance with these rules, a safety
			 performance evaluation of all surface mining operations in the state that are
			 inspected by MSHA.
(B) Collection
			 of violation data. At the beginning of each state fiscal year, the chief
			 will
			 obtain from the MSHA mine data retrieval system the violations per inspection
			 day ("VPID") calculation for the preceding fifteen months for each surface
			 mining operation permitted under Chapter 1514. of the Revised Code.
(C) Procedures governing safety performance
			 evaluations. If a surface mining operation has a VPID calculation of three or
			 more, the chief will, pursuant to division (B) of section
			 1514.41 of the Revised Code,
			 identify the surface mining operation as having three or more violations per
			 day. A surface mining operation identified by the chief as having three or more
			 violations per day will receive a minimum of two inspections conducted in
			 accordance with division (B) of section
			 1514.41 and section
			 1514.43 of the Revised Code for
			 one year following the identification.
(D) Notification of determination to conduct
			 inspections due to the results of a safety performance evaluation. If a surface
			 mining operation is identified under paragraph (C) of this rule as having three
			 or more violations per day, the chief will provide
			 written notification to the operator of the operation and, if applicable, the
			 authorized representative of the miners of the operation, that the operation
			 will be inspected pursuant to division (B) of section
			 1514.41 and section
			 1514.43 of the Revised Code and
			 as determined by this rule. The notice will contain:
(1) A citation of the relevant provision(s)
			 of the Revised Code and the Administrative Code that require the
			 inspections;
(2) A statement that a
			 minimum of two inspections of the operation will be conducted for one year
			 following the identification;
(3) A
			 requirement that the operator provide to the chief within thirty days, in
			 writing, the name of the organization identified as the authorized
			 representative of the miners for the operation, if applicable. The operator may
			 provide this name by U.S. mail, facsimile, or electronic mail to the attention
			 of: manager, mine safety program, Columbus office, division of mineral
			 resources management; and
(4) The
			 procedure, pursuant to paragraph (E) of this rule, whereby the operator may
			 request that the chief reconsider the decision that the surface mining
			 operation had three or more violations per day.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-2 - Mine Safety › Section 1501:14-2-04 - Requirements governing the reporting and investigation of accidents for surface mining operations that are inspected by MSHA

Current through all regulations passed and filed through July 1, 2024
This rule applies to surface mining operations that are
				inspected by MSHA.
(A) Accidents
			 requiring reporting.
(1) An accident that is
			 required to be reported to MSHA pursuant to
			 30 C.F.R.
			 50.10 shall be reported to the division of
			 mineral resources management, within one hour, once the
			 operator knows or should know that the accident has occurred, by contacting the
			 emergency operations center of the Ohio department of natural resources by
			 telephone at (614) 799-9538.
(2) If
			 the operator thinks that the accident reported under paragraph (A)(1) of this
			 rule did not occur as a result of an unsafe condition or a practice at the
			 operation, then the operator may, within twenty-four hours after the accident
			 is reported, provide the chief with a written explanation of the reason(s) upon
			 which the operator bases such opinion. The operator may provide this
			 explanation by U.S. mail, facsimile, or electronic mail to the attention of:
			 manager, mine safety program, Columbus office, division of mineral resources
			 management.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-2 - Mine Safety › Section 1501:14-2-05 - Mine safety inspections of surface mining operations that are inspected by MSHA

Current through all regulations passed and filed through July 1, 2024
This rule applies to surface mining operations that are
				inspected by MSHA.
(A)
(1) If a surface mining operation is
			 inspected by MSHA, the chief 
									will conduct inspections of the operation only
			 under the following circumstances:
(a) The
			 operation is identified through a safety performance evaluation conducted under
			 paragraph (B) of section
			 1514.41 or section
			 1514.45 of the Revised Code or
			 rule 1501:14-2-03 of the
			 Administrative Code as having three or more violations per day;
(b) A fatality of a miner or a
			 life-threatening injury of a miner occurs at a surface mining operation as a
			 result of an unsafe condition or a practice at the operation, as determined by
			 the chief under division (C) or (D) of section
			 1514.41 of the Revised Code and
			 paragraphs (C) and (D) of rule
			 1501:14-2-04 of the
			 Administrative Code; or
(c) The
			 chief determines, pursuant to paragraph (B)(3) of this rule, that the operator
			 has failed to comply with a safety standard that was being violated and the
			 chief, at his or her discretion and based on the severity of the violation or
			 other safety factors, conducts additional mine safety inspections pursuant to
			 paragraph (B)(3)(b) of this rule.
Ohio Administrative Code › Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral › Chapter 1501:14-2 - Mine Safety › Section 1501:14-2-06 - Mine safety training

Current through all regulations passed and filed through July 1, 2024
(A) Upon
			 the request of an operator, the chief will conduct
			 mine safety training for the employees of that operator.
(B) The chief may conduct one safety audit at
			 a surface mining operation annually if the operator of the operation has
			 requested the division to conduct mine safety training for that year. The
			 safety audit will be conducted at the surface mining operation
			 where the miners requiring training are employed and will not
			 continue more than one day. Subject to the availability of mine safety staff
			 and resources, the chief 
								will conduct additional safety audits at any
			 surface mining operation if requested by the operator of the operation. All
			 safety audits 
								are to be scheduled at a time to which the chief and
			 the operator mutually agree and  be
			 conducted in accordance with section
			 1514.42 of the Revised
			 Code.
(C) Mine safety training
			 will be
			 conducted in accordance with these rules and will emphasize the standards established
			 and incorporated by reference in these rules and include any other content that
			 the chief determines is beneficial.