reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 1501:10 - Division of Mineral Resources Management - Mine Safety › Chapter 1501:10-2 - Diesel Equipment in Underground Coal Mines › Section 1501:10-2-23 - Equipment-specific training for diesel-powered equipment operators

Current through all regulations passed and filed through July 1, 2024
(A) Upon successful completion of the
			 training set forth in rule
			 1501:10-2-22 of the
			 Administrative Code, the equipment operator is to complete
			 equipment- specific training in accordance with this rule. Successful
			 completion of equipment- specific training is to be
			 documented on the certificate of qualification issued by the mine operator
			 under paragraphs (D) and (G) of rule
			 1501:10-2-22 of the
			 Administrative Code.
(B) The mine
			 operator is
			 to provide equipment-specific, hands-on orientation training to the
			 equipment operators in an area of the mine where the diesel-powered equipment
			 will be operated,
								 specific to the type and make of the diesel- powered equipment, and
			  presented to groups no larger than
			 twelve persons per instructor unless otherwise approved by the chief in an
			 approved training plan. The following subjects are to be
			 included in the orientation training:
(1)
			 Equipment layout, including instruction relating to the layout of the
			 equipment, the equipment operator's compartments, and the controls;
(2) Pre-operation inspection,
			 including instruction relating to the pre-operation
			 inspection procedures set forth in paragraph (A) of rule
			 1501:10-2-18 of the
			 Administrative Code and review of specific details of the inspection and
			 location of the components to be inspected;
(3) Equipment limitations,
			 including instruction relating to equipment
			 performance, speeds, capacities and blind areas;
(4) Operating areas,
			 including instruction relating to areas in which the
			 equipment may be operated;
(5)
			 Operation, including instruction relating to the controls, gauges
			 and warning devices and safe operating limits of all indicating
			 gauges;
(6) Refueling procedure,
			 including instruction relating to fuel handling,
			 permissible refueling areas, spill prevention, cleanup and potential hazards
			 from diesel fuel;
(7) Emergency
			 devices, including instruction relating to the location and use
			 of the fire extinguisher and fire suppression devices; and
(8) Driving practice,
			 including supervised operation of the
			 equipment.
Ohio Administrative Code › Title 1501:10 - Division of Mineral Resources Management - Mine Safety › Chapter 1501:10-2 - Diesel Equipment in Underground Coal Mines › Section 1501:10-2-25 - Additional requirements for operation of diesel-powered equipment

Current through all regulations passed and filed through July 1, 2024
(A)
								Diesel-powered equipment
			 is to be
			 operated pursuant to the provisions of this rule and
			 any other applicable provisions of this chapter.
(B) All diesel-powered equipment
			 is to be
			 attended while in operation with the engine running in underground
			 mines.
(C) Unnecessary idling of
			 diesel-powered equipment is prohibited.
(D) The mine operator
			 is to
			 maintain all roadways upon which diesel-powered equipment is operated as free
			 as practicable from bottom irregularities, debris and wet or muddy conditions
			 that could adversely affect an equipment operator's ability to control the
			 equipment.
(E) Operating speeds
			 are to
			 be consistent with conditions of roadways, grades, clearances, visibility,
			 traffic and the type of equipment used.
(F) An equipment operator
			 is to at
			 all times have full control of the mobile equipment while it is in
			 motion.
(G) Traffic rules,
			 including speed, signals, and warning signs are to be
			 standardized at each mine, and posted as necessary.
(H) Maintenance. All diesel-powered equipment
			 is to be
			 maintained in a safe and healthful operating condition. The operator shall
			 immediately remove from service any equipment that is in an unsafe or
			 unhealthful condition or is not maintained in accordance with the engine or
			 emissions control operating specifications, and  not return such equipment to service until
			 all necessary corrective actions have been taken.
Ohio Administrative Code › Title 1501:10 - Division of Mineral Resources Management - Mine Safety › Chapter 1501:10-2 - Diesel Equipment in Underground Coal Mines › Section 1501:10-2-26 - Underground mine inspector diesel inspection training

Current through all regulations passed and filed through July 1, 2024
(A) The chief will provide
			 training to his or her staff of underground coal mine inspectors on the use of
			 underground diesel mine equipment so they can conduct diesel inspections as a
			 part of their regular inspection duties.
(B) The chief will provide the
			 underground mine inspectors with specific training in the
			 provisions of the rules of this chapter. The chief
			 will
			 also train and equip the inspectors with the proper equipment necessary to
			 effectively test for diesel emissions, and to properly enforce the rules of
			 this chapter.
(C) The underground
			 mine inspectors will be trained in accordance with criteria as
			 established and approved by the chief. Training for inspectors
			 will
			 include, but is not limited to, the following:
(1) Components and operation of a diesel
			 engine;
(2) Fuel
			 provisions and effect of various fuels on diesel
			 particulate matter emissions;
(3)
			 State and federal diesel regulations;
(4) Health effects of diesel particulate
			 matter;
(5) Factors that can
			 increase or decrease diesel particulate matter emissions;
(6) Emission control techniques in operation,
			 maintenance and testing;
(7)
			 Diagnostic testing, including instruments used and evaluation of tests, both in
			 the classroom and hands-on in the field;
(8) Inspection and enforcement;
(9) Ventilation;
(10) Operation, testing and maintenance of
			 fire suppression systems;
(11)
			 Emergency procedures including firefighting and containment of
			 spills;
(12) Fuel handling and
			 storage; and
(13) Training plans,
			 training provisions, and record keeping.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-1 - Administrative Procedures › Section 1501:13-1-03 - Restrictions on financial interest of employees

Current through all regulations passed and filed through July 1, 2024
(A) The chief of the division of mineral
			 resources management shall:
(1) Provide
			 advice, assistance, and guidance to all employees of the division of mineral
			 resources management required to file statements pursuant to paragraph (F) of
			 this rule;
(2) Promptly review the
			 statement of employment and financial interests and supplements, if any, filed
			 by each employee, to determine if the employee has correctly identified those
			 listed employment and financial interests which constitute a direct or indirect
			 financial interest in a coal mining operation;
(3) Resolve prohibited financial interest
			 situations by ordering or initiating remedial action or by reporting the
			 violations to the director of the office of surface mining
			 reclamation and enforcement;
(4)
			 Certify on each statement that review has been made, that prohibited financial
			 interests, if any, have been resolved, and that no other prohibited interests
			 have been identified from the statement;
(5) Submit to the director of the office of
			 surface mining reclamation and enforcement such statistics and information as
			 he or she may request;
(6) Submit
			 to the director of the office of surface mining reclamation and enforcement the
			 initial listing and the subsequent annual listings of positions as required by
			 paragraphs (F)(1) to (F)(3) of this rule;
(7) Furnish a blank statement forty-five days
			 in advance of the filing date established by paragraph (G)(1) of this rule to
			 each employee required to file a statement; and
(8) Annually inform each employee required to
			 file a statement with the chief of the name, address, and telephone number of
			 the person whom the employee may contact for advice and counseling.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-1 - Administrative Procedures › Section 1501:13-1-04 - Exemption for coal extraction incidental to government financed highway or other construction

Current through all regulations passed and filed through July 1, 2024
(A) Definitions. As used in this rule:
(1) "Extraction of coal as an incidental
			 part" means the extraction of coal which is necessary to enable the
			 construction to be accomplished. For purposes of this rule, only that coal
			 extracted from within the right-of-way and borrow areas, in the case of a road,
			 railroad, utility line or other such construction, or within the boundaries of
			 the area directly affected by other types of government-financed construction,
			 may be considered incidental to that construction. Extraction of coal outside
			 the right-of-way or boundary of the area directly affected by the construction
			 shall be subject to the requirements of Chapter 1513. of the Revised
			 Code.
(2) "Government financing
			 agency" means a federal, state, county, municipal, or local unit of government,
			 or a department, bureau, agency or office of the unit which, directly or
			 through another unit of government, finances construction.
(3) "Government-financed construction" means
			 construction funded fifty per cent or more by funds appropriated from a
			 government financing agency's budget or obtained from general revenue bonds,
			 but shall not mean government financing agency guarantees, insurance, loans,
			 funds obtained through industrial revenue bonds or their equivalent or in-kind
			 payments. Funding at less than fifty per cent may qualify if the project is
			 eligible under section
			 1513.37 of the Revised Code and
			 the construction is undertaken as an approved reclamation project under section
			 1513.30 or
			 1513.37 of the Revised
			 Code.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-1 - Administrative Procedures › Section 1501:13-1-05 - 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, rules contained in rules
				1501:13-1-01
				to
				1501:13-14-06
				of the Administrative Code, shall apply to, and be the rules of, any division
				or other unit of the department of natural resources which, by virtue of a
				consolidation or reorganization pursuant to section
				121.07 of the Revised Code, or
				by legislative action, shall succeed to the responsibility of the division of
				mineral resources management to administer and enforce Chapter 1513. of the
				Revised Code.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-1 - Administrative Procedures › Section 1501:13-1-06 - 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 of the division of mineral resources management pursuant to
				Chapter 1513. of the Revised Code shall not be affected by the invalidity of
				any other rule or portion thereof adopted or amended thereunder by the chief.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-1 - Administrative Procedures › Section 1501:13-1-08 - Petitions to initiate rule making

Current through all regulations passed and filed through July 1, 2024
(A) Any person may petition the chief to
			 initiate a proceeding for the issuance, amendment, or repeal of any rule under
			 Chapter 1513. of the Revised Code. The petition shall be submitted to the chief
			 at the address of "Division of Mineral Resources Management, Ohio Department of
			 Natural Resources, 2045 Morse Road, Building H, Columbus, Ohio 43229."
(B) The petition shall be a concise statement
			 of the facts, technical justification, and law which require issuance,
			 amendment, or repeal of a rule under Chapter 1513. of the Revised Code and
			 shall indicate whether the petitioner desires a public hearing.
(C) Upon receipt of the petition, the chief
			 shall determine if the petition sets forth facts, technical justification and
			 law which may provide a reasonable basis for issuance, amendment or repeal of a
			 rule. Facts, technical justification, or law previously considered in a
			 petition or rule making on the same issue shall not provide a reasonable basis.
			 If the chief determines that the petition has a reasonable basis, a notice
			 shall be published one time in three newspapers published in different counties
			 and of general circulation in the state seeking comments from the public on the
			 proposed change. The chief may hold a public hearing, may conduct an
			 investigation or take other action to determine whether the petition should be
			 granted.
(D) Within ninety days
			 from receipt of the petition, the chief shall issue a written decision either
			 granting or denying the petition.
(1) If the
			 petition is granted, the chief shall initiate a rule making proceeding under
			 Chapter 119. of the Revised Code.
(2) If the petition is denied, the chief
			 shall notify the petitioner in writing, setting forth the reasons for
			 denial.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-1 - Administrative Procedures › Section 1501:13-1-09 - Notice of citizen suits

Current through all regulations passed and filed through July 1, 2024
(A) A person who intends to initiate a civil
			 action on his or her own behalf under division (B) of section
			 1513.15 of the Revised Code
			 shall give written notice of intent to do so in accordance with this rule.
(B) Notice shall be given by
			 certified mail to the chief and the alleged violator, if the complaint alleges
			 a violation of Chapter 1513. of the Revised Code or any rule, order, or permit
			 issued under Chapter 1513. of the Revised Code.
(C) Service of notice under this rule is
			 complete upon mailing to the last known address of the person being notified.
(D) A person giving notice
			 regarding an alleged violation shall state, to the extent known:
(1) Sufficient information to identify the
			 provision of Chapter 1513. of the Revised Code, rule, order, or permit
			 allegedly violated;
(2) The act or
			 omission alleged to constitute a violation;
(3) The name, address, and telephone numbers
			 of the person or persons responsible for the alleged violation;
(4) The date, time, and location of the
			 alleged violation;
(5) The name,
			 address, and telephone number of the person giving notice,; and;
(6) The name, address, and telephone number
			 of legal counsel, if any, of the person giving notice.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-1 - Administrative Procedures › Section 1501:13-1-10 - Availability of records

Current through all regulations passed and filed through July 1, 2024
(A) The chief shall make available to the
			 public for inspection and copying, at reasonable times, all documents relating
			 to:
(1) Applications for permits, revisions,
			 renewals, and transfers, assignments or sales of permit rights; and
(2) Inspection and enforcement
			 actions.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-1 - Administrative Procedures › Section 1501:13-1-11 - Computation of time

Current through all regulations passed and filed through July 1, 2024
(A) Except as otherwise provided, computation
			 of time under these rules is based on calendar days.
(B) In computing any period of prescribed
			 time, the day on which the designated period of time begins is not included.
			 The last day of the period is included unless it is a Saturday, Sunday, or
			 legal holiday, in which event the period runs until the end of the next day
			 which is not a Saturday, Sunday, or legal holiday.
(C) Intermediate Saturdays, Sundays, and
			 legal holidays are excluded from the computation when the period of prescribed
			 time is seven days or less.
Five Year Review (FYR) Dates:
				11/02/2015 and
				11/02/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.02
Rule
				Amplifies: 1513.02
Prior
				Effective Dates: 8/16/82 (Emer), 10/27/82,
				2/12/09
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-1 - Administrative Procedures › Section 1501:13-1-12 - Public notice of hearing to adopt, amend, or rescind rules

Current through all regulations passed and filed through July 1, 2024
Public notice of a hearing on the adoption, amendment, or
				rescission of a rule, to be conducted by the division of mineral resources
				management, department of natural resources, state of Ohio, 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 
				www.registerofohio.state.oh.us. Said notice 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 a rule; include a synopsis
				 of the proposed rule,
				amendment, or rule to be rescinded or a general statement of the subject matter
				to which such proposed rule, amendment or rescission relates; state the reason
				or purpose for adopting, amending, or rescinding the rule; 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 rule, amendment, or rescission is filed. The notice shall also state
				the place from which a copy of the proposed rule, amendment, or rule to be
				rescinded 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.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-1 - Administrative Procedures › Section 1501:13-1-13 - Rule references

Current through all regulations passed and filed through July 1, 2024
When a specific paragraph is referenced in division 1501:13 of
				the Administrative Code, all paragraphs subordinate to that specific paragraph
				shall be incorporated by that reference. For example, a reference to paragraph
				(B) of
				rule
				1501:13-4-04
				of the Administrative Code shall include paragraphs (B)(1) to
				(B)(3)
				of that rule, and a reference to paragraph (C)(1) of rule
				1501:13-4-04
				of the Administrative Code shall include paragraphs (C)(1)(a) to
				(C)(1)(c) of that rule.
Effective: 1/17/2016
Five Year
				Review (FYR) Dates: 11/02/2015 and
				01/16/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.02
Rule
				Amplifies: 1513.02
Prior
				Effective Dates: 10/1/88, 2/12/09
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-1 - Administrative Procedures › Section 1501:13-1-14 - Incorporation by reference

Current through all regulations passed and filed through July 1, 2024
(A) The federal regulation references
			 included in these rules can generally be found in public libraries or
			 electronically at the website govinfo.gov/. The publishing dates for the
			 various parts of the Code of Federal Regulations (C.F.R.) are: Title 7, January
			 1, 2021;
			 Title 30, July 1, 2020;
								 Title 40, July 1,
			 2020;
			 Title 43, October 1, 2020.
(1) 7 C.F.R.
			 Part 657 ;
(2)
									30 C.F.R.
			 77.214,
			 77.215,
			 77.216,
			 77.216(a),
			 77.216-2(a),
			 and
			 77.216-3;
(3)
									30 C.F.R.
			 710.12;
(4) 30 C.F.R. Part 761 ;
(5)
									30 C.F.R.
			 843.11;
(6) 30 C.F.R. Chapter VII, Subchapters D, F,
			 and R;
(7)40 C.F.R. Parts 122, 123,
			 136, 260 to 270 and 434;
(8)43
			 C.F.R. Parts 3480 to 3487.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-3 - Prohibited or Limited Areas for Mining › Section 1501:13-3-02 - Submission and processing of requests for valid existing rights determinations

Current through all regulations passed and filed through July 1, 2024
(A)
								 Except for
			 federal lands subject to 30 C.F.R. Part 761, any person who intends to conduct
			 coal mining operations on the basis of valid existing rights under division (D)
			 of section 1513.073 of the Revised Code and
			 rules adopted thereunder shall file with the chief a request for a valid
			 existing rights determination. This request shall be submitted before preparing
			 and submitting an application for a permit or boundary revision for the land
			 for which the determination is sought.
(B)
								 Requirements for
			 property rights demonstration. If the request relies upon one of the standards
			 of paragraph (A)(2) of rule
			 1501:13-3-01
			 of the Administrative Code, the person claiming valid existing rights shall
			 provide a property rights demonstration under paragraph (A)(1) of rule
			 1501:13-3-01
			 of the Administrative Code which shall include the following items:
(1)
									 A legal
			 description of the land to which the request pertains;
(2)
									 Complete
			 documentation of the character and extent of the requestor's current interests
			 in the surface and mineral estates of the land to which the request
			 pertains;
(3)
									 A complete chain of title for the surface and mineral
			 estates of the land to which the request pertains;
(4)
									 A description of
			 the nature and effect of each title instrument that forms the basis for the
			 request, including any provision pertaining to the type or method of mining or
			 mining-related surface disturbances and facilities;
(5)
									 A description of
			 the type and extent of coal mining operations that the requestor claims to have
			 the right to conduct, including the method of mining, any mining-related
			 surface activities and facilities, and an explanation of how those operations
			 would be consistent with Ohio property law;
(6)
									 Complete
			 documentation of the nature and ownership, as of the date the land came under
			 the protection of division (D) of section
			 1513.073 of the Revised Code or
			 rule
			 1501:13-3-03
			 of the Administrative Code, of all property rights for the surface and mineral
			 estates of the land to which the request pertains;
(7)
									 Names and
			 addresses of the current owners of the surface and mineral estates of the land
			 to which the request pertains;
(8)
									 If the coal
			 interests have been severed from other property interests, documentation that
			 the requestor has notified and provided reasonable opportunity for the owners
			 of other property interests in the land to which the request pertains to
			 comment on the validity of requestor's property rights claims; and
(9)
									 Any
			 comments the requestor receives in response to the notification required under
			 paragraph (B)(8) of this rule.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-3 - Prohibited or Limited Areas for Mining › Section 1501:13-3-03 - Areas where mining is prohibited or limited

Current through all regulations passed and filed through July 1, 2024
(A) Subject to valid existing rights and
			 qualification for the exception for existing operations under paragraph (B) of
			 this rule, no coal mining operations shall be conducted:
(1) On any lands within the boundaries of the
			 national park system, the national wildlife refuge system, the national system
			 of trails, the national wilderness preservation system, the wild and scenic
			 rivers system, including study rivers designated under section 5(a) of the Wild
			 and Scenic Rivers Act (
			 16
			 U.S.C. 1276(a) ) or study
			 rivers or study river corridors as established in any guidelines pursuant to
			 that act, national recreation areas designated by act of congress, or any
			 nature preserve dedicated pursuant to Chapter 1517. of the Revised
			 Code;
(2) On any federal lands
			 within the boundaries of any national forest unless approval is granted by the
			 United States secretary of interior;
(3) On any lands on which mining will
			 adversely affect any publicly owned park or any places included on the
			 "National Register of Historic Places," unless approved jointly by the chief
			 and the federal, state, or local agency with jurisdiction over the park or
			 places. The "National Register of Historic Places" is administered by the
			 national parks service, U.S. department of the interior; its website for Ohio
			 sites is
http://www.nationalregisterofhistoricplaces.com/oh/state.html
;
(4) Within one hundred feet measured
			 horizontally of the outside right-of-way line of any public road, except:
(a) Where mine access roads or haulage roads
			 join such right-of-way line; or
(b)
			 Where a permit has been issued by the director of transportation, or the board
			 of county commissioners, or the board of township trustees, or such other
			 public authority that is charged by law with the maintenance of the public road
			 subject to the requirements of paragraph (C) of rule
			 1501:13-3-04
			 of the Administrative Code and the approval of the chief;
(5) Within three hundred feet measured
			 horizontally of any occupied dwelling unless the owner of the dwelling has
			 provided a written waiver consenting to coal mining operations closer than
			 three hundred feet as provided in paragraph (D) of rule
			 1501:13-3-04
			 of the Administrative Code;
(6)
			 Within three hundred feet measured horizontally of any public building, school,
			 church, community or institutional building or public park;
(7) Within one hundred feet measured
			 horizontally of a cemetery. Cemeteries may be relocated if authorized by
			 applicable state law or regulations; or
(8) Within one thousand feet of the normal
			 waterlines of any river dedicated as a component of the scenic rivers program
			 pursuant to sections 1547.81 to
			 
										1547.86
									 of the Revised
			 Code.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-3 - Prohibited or Limited Areas for Mining › Section 1501:13-3-04 - Procedures for identifying areas where mining is prohibited or limited

Current through all regulations passed and filed through July 1, 2024
(A) Upon receipt of
			 a complete application for a coal mining and reclamation operation permit,
			 or a complete application for revision of the
			 boundaries of a coal mining and reclamation operation permit, the chief
			 shall review the application to determine whether coal mining operations are
			 limited or prohibited under rule
			 1501:13-3-03
			 of the Administrative Code on the lands which would be disturbed by the
			 proposed operation.
(1) Where the proposed
			 operation would be located on any lands listed in paragraph (A)(1),
			 (A)(6), (A)(7) or (A)(8) of rule
			 1501:13-3-03
			 of the Administrative Code, the chief shall disapprove the application if the
			 applicantcannot establish valid existing rights for the area
			 .
(2) If the
			 chief is unable to determine whether the proposed operation is located within
			 the boundaries of any of the lands in paragraph (A)(1) of rule
			 1501:13-3-03
			 of the Administrative Code or closer than the limits provided in
			 paragraphs(A)(6), (A)(7), and (A)(8) of rule
			 1501:13-3-03
			 of the Administrative Code, the chief shall transmit a copy of the relevant
			 portions of the permit application to the appropriate federal, state, or local
			 government agency for a determination or clarification of the relevant
			 boundaries or distances, with a notice to the appropriate agency that it must
			 respond within thirty days of receipt of the request.
(3) The national park service or the U.S.
			 fish and wildlife service shall be notified of any request for a determination
			 of valid existing rights pertaining to areas within the boundaries of areas
			 under their jurisdiction and shall have thirty days from receipt of the
			 notification in which to respond.
(4) The chief, upon request by the
			 appropriate agency, shall grant an extension to the thirty-day period of an
			 additional thirty days. If no response is received within the thirty-day period
			 or within the extended period granted, the chief may make the necessary
			 determination based on the information he or she has available.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-3 - Prohibited or Limited Areas for Mining › Section 1501:13-3-05 - Criteria for designating areas unsuitable for coal mining operations

Current through all regulations passed and filed through July 1, 2024
(A) Criteria for
			 designating lands as unsuitable.
(1) Upon
			 petition, an area shall be designated as unsuitable for all or certain types of
			 coal mining operations, if the chief determines that reclamation is not
			 technologically and economically feasible.
(2) Upon petition, an area may be designated
			 as unsuitable for certain types of coal mining operations, if the operations
			 will:
(a) Be incompatible with existing state
			 or local land use plans or programs;
(b) Affect fragile or historic lands in which
			 the operations could result in significant damage to important historic,
			 cultural, scientific, or esthetic values or natural systems;
(c) Affect renewable resource lands in which
			 the operations could result in a substantial loss or reduction of long-range
			 productivity of water supply or of food or fiber products or of aquifers and
			 aquifer recharge areas;
(d) Affect
			 natural hazard lands in which the operations could substantially endanger life
			 and property. Such lands include areas subject to frequent flooding and areas
			 of unstable geology; or
(e)
			 Conflict with or otherwise violate additional criteria the chief may adopt.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-3 - Prohibited or Limited Areas for Mining › Section 1501:13-3-06 - Exploration on land designated as unsuitable for coal mining operations

Current through all regulations passed and filed through July 1, 2024
Designation of any area as unsuitable for all or certain types
				of coal mining operations does not prohibit coal exploration operations in the
				area, provided that exploration is conducted in accordance with the
				requirements of Chapter 1513. of the Revised Code and rules
				1501:13-4-02
				and
				1501:13-8-01
				of the Administrative Code, and that the exploration does not interfere with
				any value for which the area has been designated unsuitable for coal mining.
Five Year Review (FYR) Dates:
				11/02/2015 and
				11/02/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.02
Rule
				Amplifies: 1513.073
Prior
				Effective Dates: 8/16/82 (Emer.), 10/27/82, 1/20/86,
				10/1/88
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-3 - Prohibited or Limited Areas for Mining › Section 1501:13-3-08 - Lateral support

Current through all regulations passed and filed through July 1, 2024
To provide for lateral support, no permit application shall be
				approved to extend any part of a pit within fifty feet of horizontal distance
				to an adjacent land or water unless the permittee owns either the surface or
				the mineral rights in and under the adjoining land or water, or the permittee
				has written consent from the adjoining surface and mineral owners which consent
				shall be filed with the permit application.
Five Year Review (FYR) Dates:
				11/02/2015 and
				11/02/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1513.02
Rule
				Amplifies: 1513.02,
				1513.073
Prior
				Effective Dates: 8/16/82 (Emer.),
				10/27/82
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-01 - General contents requirements for permit applications

Current through all regulations passed and filed through July 1, 2024
(A)
			 Responsibilities.
(1) Persons seeking to
			 engage in coal mining and reclamation operations, including underground mining
			 operations, shall submit an application for and obtain a permit for those
			 operations in accordance with Chapters 1501:13-4, 1501:13-5, and 1501:13-6 of
			 the Administrative Code. Persons seeking to conduct coal exploration operations
			 shall comply with rule
			 1501:13-4-02
			 of the Administrative Code.
(2)
			 The chief shall review each permit application, renewal, revision and notice of
			 intention to explore, shall approve or disapprove each permit application,
			 renewal, revision or notice of intention to explore, and shall issue,
			 condition, suspend, or revoke exploration permits, permits, renewals, or
			 revised permits.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-02 - Requirements of coal exploration

Current through all regulations passed and filed through July 1, 2024
(A)
								 Any person who intends
			 to conduct coal exploration operations outside a permit area shall, prior to
			 conducting the exploration, file with the chief a written notice of intention
			 to explore.
(1) Except for exploration of
			 lands designated in accordance with Chapter 1501:13-3 of the Administrative
			 Code as unsuitable for coal mining operations, if a person demonstrates and the
			 chief finds there will be no substantial disturbance of the natural land
			 surface as "substantially disturb" is defined in rule
			 1501:13-1-02 of the
			 Administrative Code, the person may conduct coal exploration operations under a
			 notice of intention to explore, provided that person complies with the
			 applicable requirements of this rule.
(2) A person intending to conduct coal
			 exploration operations that substantially disturb the natural land surface,
			 including all exploration of lands designated in accordance with Chapter
			 1501:13-3 of the Administrative Code as unsuitable for coal mining operations,
			 shall, in addition to filing a written notice of intention to explore, be
			 issued an exploration permit prior to conducting the exploration.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-03 - Permit applications; requirements for legal, financial, compliance and related information

Current through all regulations passed and filed through July 1, 2024
(A) Definition.
(1) For the purposes of this rule, a person
			 "owned or controlled" or "owns or controls" a coal mining operation if, at any
			 time:
(a) The person is the permittee of a
			 coal mining operation;
(b) Based on
			 instruments of legal or equitable ownership or voting securities, the person
			 owns of record in excess of fifty per cent of an entity which conducts coal
			 mining operations; or
(c) The
			 person has any relationship which gives that person authority directly or
			 indirectly to determine the manner in which an applicant, an operator, or other
			 entity conducts coal mining operations.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-04 - Permit application requirements for information on environmental resources

Current through all regulations passed and filed through July 1, 2024
(A) General requirements.
(1) This rule shall apply only to coal mining
			 operations other than underground mining operations.
(2)
(a)
			 Each application shall describe and identify the nature of cultural, historic
			 and archeological resources listed or eligible for listing on the "National
			 Register of Historic Places," administered by the national parks service, U.S.
			 department of the interior, and known archeological sites within the proposed
			 permit and adjacent areas. The description shall be based on all available
			 information, including, but not limited to, information from the state historic
			 preservation officer and from local archeological, historical, and cultural
			 preservation agencies. The website for the "National Register of Historic
			 Places" for Ohio sites is
http://www.nationalregisterofhistoricplaces.com/oh/state.html
.
(b) The chief may require the applicant to
			 identify and evaluate important historic and archeological resources that may
			 be eligible for listing on the "National Register of Historic Places," as
			 referenced in paragraph (A)(2)(a) of this rule, through:
(i) Collection of additional
			 information;
(ii) Conduct of field
			 investigations; or
(iii) Other
			 appropriate analyses.
(3) Each application shall describe and
			 identify the lands subject to coal mining operations over the estimated life of
			 those operations and the size, sequence, and timing of the subareas for which
			 it is anticipated that individual permits for mining will be sought.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-06 - Permit applications, revisions, and renewals, and transfers, assignments, and sales of permit rights

Current through all regulations passed and filed through July 1, 2024
(A) Applications for permits and permit
			 renewals shall:
(1) Be submitted on forms
			 provided by the chief;
(2) Be filed
			 with the proper number of copies and at places designated by the
			 chief;
(3) Be deemed to be complete
			 as submitted to the chief unless the chief, within fourteen business days of
			 the submission, identifies deficiencies in the application in writing and sends
			 a written list of the deficiencies to the applicant. When the application is
			 complete, the chief shall begin processing the application and notify the
			 applicant of the application number assigned by the chief, so that this number
			 may appear in the public notice required by division (A) of section
			 1513.071 of the Revised Code. An
			 application for an area adjacent to a permit issued pursuant to section
			 1513.07 of the Revised Code and
			 these rules may reference information previously submitted as part of the
			 application for that permit if the information is applicable;
(4) Show the name, address, and telephone
			 number of the person who prepared the application if that person is someone
			 other than an employee of the applicant;
(5) Include the name and address of the
			 newspaper in which the applicant is to publish the notice required by division
			 (B)(1)(f) of section 1513.07 of the Revised
			 Code;
(6) Include the telephone
			 number of the applicant, of the operator if the applicant is not the operator,
			 and of the applicant's statutory agent; and
(7) Include the employer identification
			 number of the applicant, or the last four digits of the social security number
			 of the applicant if the applicant is a sole proprietorship or
			 partnership.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-07 - Annual reports and maps

Current through all regulations passed and filed through July 1, 2024
Within thirty days after each anniversary date of the issuance
				of a coal mining and reclamation permit, the permittee shall file the following
				with the chief:
(A) An annual report
			 that shall:
(1) Be on a form prescribed and
			 provided by the chief;
(2) Include
			 the following estimates of acreages for the permit area and, as applicable, for
			 the incremental area or for each incremental mining unit:
(a) The number of acres affected during the
			 mining year for which the report is being filed;
(b) The number of acres to be reclaimed that
			 were affected during the mining year for which the report is being
			 filed;
(c) Cumulative total of
			 acres affected during the permit period to include the acres affected during
			 the mining year for which the report is being filed; and
(d) The number of acres to be affected during
			 the next year of the mining operation;
(3) Provide the following location
			 information for each of the acreage estimates required by paragraph (A)(2) of
			 this rule:
(a) County;
(b) Township;
(c) Township - range designation;
			 and
(d) Section number and/or lot
			 number;
(4) Provide the
			 following performance security information:
(a) The total amount of performance security
			 on file for the permit;
(b) The
			 number of acres reported as affected and the number of acres to be affected for
			 which performance security has not been provided; and
(c) The incremental mining units reported as
			 affected and the incremental mining units to be affected for which performance
			 security has not been provided; and
(5) Include the number of tons of coal
			 produced for the permit during the mining year for which the report is
			 filed.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-09 - General map requirements

Current through all regulations passed and filed through July 1, 2024
All maps and drawings required by Chapter 1513. of the Revised
				Code or Chapters 1501:13-1 to 1501:13-14 of the Administrative Code shall, in
				addition to other applicable requirements, 
								be submitted to the
				division and, where the area of land to be permitted is ten acres or
				less, have a scale of one inch equals one hundred feet; where the area of land
				to be permitted is greater than ten acres but less than one hundred acres, have
				a scale of one inch equals two hundred feet; and where the area of land to be
				permitted is equal to or greater than one hundred acres, have a scale of one
				inch equals four hundred feet. All acreage figures required to be reported or
				estimated shall be to the nearest one-tenth of an acre. All annual maps,
				progress maps and the final map shall be at the same scale as the application
				map submitted for the permit.
North shall be toward the top of the map. All maps shall
				include the following:
(A) A location
			 or quadrangle map placed in the upper right corner of the map, with a scale of
			 one inch equals one mile, which shall depict:
(1) A minimum area of four miles by four
			 miles;
(2) The site of the area of
			 land to be permitted;
(3) State,
			 county, township, and section lines;
(4) Federal, state, county, township, or
			 other roads;
(5) The north arrow;
			 and
(6) Name of the quadrangle
			 map.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-10 - Uniform color code and map symbols

Current through all regulations passed and filed through July 1, 2024
(A)
								Coal mining
			 permit application, supplemental, and hydrologic maps and plans shall utilize
			 the following uniform color codes:
(1)
									The proposed or existing permit area shall have its
			 perimeter designated with a dashed black line and the area included therein,
			 excepting the areas required to be designated in paragraphs (A)(2) to (A)(5) of
			 this rule, shall be shaded yellow.
(2)
									Any areas of
			 topsoil, hydric soil, or alternative resoiling material storage shall have its
			 perimeter designated with a dashed black line and the area therein shall be
			 shaded brown.
(3)
									Any areas of existing impoundments or sediment ponds
			 shall have their perimeters designated with solid black lines and the areas
			 therein shall be shaded blue. Any areas of proposed sediment ponds shall have
			 their perimeters designated with dashed black lines and the areas therein shall
			 be shaded blue. Any areas of existing wetlands that have been verified by the
			 U.S. army corps of engineers shall have their perimeters designated with solid
			 black lines and the areas therein shall be cross-hatched in green. Any areas of
			 existing wetlands that have not been verified by the U.S. army corps of
			 engineers shall have their perimeters designated with solid black lines and the
			 areas therein shall be dotted in green. Any areas of
			 proposed/restored/mitigated wetlands shall have their perimeters designated
			 with dashed black lines and the areas therein shall be cross-hatched in
			 green.
(4)
									Any areas within one hundred feet of a perennial or
			 intermittent stream shall have their perimeters designated with solid red
			 lines. Any areas within one hundred feet of a perennial or intermittent stream
			 where the buffer area will not be disturbed shall have their perimeters
			 designated with solid red lines and the areas therein shall be shaded
			 red.
(5)
									Any areas identified as prime farmland shall have their
			 perimeters designated with dashed black lines and the areas therein shall be
			 shaded green.
(6)
									Any area determined to be eligible for remining shall
			 have its perimeter designated with a dashed black line and the area therein
			 clearly labeled "remine."
(7)
									Any shadow area shall have its perimeter designated
			 with a dashed line that is black with a yellow highlight.
Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-4 - Permits › Section 1501:13-4-11 - Maps showing reaffection of permit area

Current through all regulations passed and filed through July 1, 2024
(A) All maps required by Chapter 1513. of the
			 Revised Code or Chapters 1501:13-4 to 1501:13-14 of the Administrative Code
			 showing land affected under a permit
			 and reaffected under a subsequent permit shall
			 conform to the requirements of paragraph (A) of rule
			 1501:13-4-08 of the Administrative Code. In addition
			 to other applicable requirements, all maps shall show the following information
			 in the prescribed manner set forth below:
(1)
			 The perimeter of the area of land affected under a previous permit, reaffected
			 under a current permit, or proposed to be reaffected under a subsequent permit,
			 designated by a solid orange line;
(2) The perimeter of the area of land
			 affected under a current permit or proposed to be affected under a subsequent
			 permit designated by a solid black line;
(3) The common area included by the lines
			 drawn pursuant to paragraphs (A)(1) and (A)(2) of this rule, shaded red
			 (referred to as the "reaffected area");
(4) The acreage of the reaffected area;
			 and
(5) The following certification
			 placed on the map and signed by the permittee, or his or her authorized
			 representative:
"I, the undersigned, hereby certify that _________________
				acres affected by permit no. __________ have been reaffected and performance
				security has been provided by permit no. ______ ."