Ohio Administrative Code › Title 1501:13 - Division of Mineral Resources Management - Coal › Chapter 1501:13-7 - Performance Security › Section 1501:13-7-05 - Procedures, criteria, and schedule for release of performance security for permits reliant on the reclamation forfeiture fund

Current through all regulations passed and filed through July 1, 2024
This rule applies to a permittee that provides performance
				security together with reliance on the reclamation forfeiture fund in
				accordance with paragraph (C)(2) of rule
				1501:13-7-01
				of the Administrative Code.
(A)
			 Procedures for seeking release of performance security.
(1) Request for approval of reclamation.
			 After all reclamation, restoration, and abatement work in a reclamation phase,
			 as defined in paragraph (B)(1) of this rule, is completed on the entire permit
			 area or on an incremental area, the permittee, or any person authorized to act
			 on his or her behalf, shall file a request with the chief for approval of that
			 reclamation. A request for approval of a reclamation phase shall include a
			 request for release of performance security. A request for approval of
			 reclamation may be filed only at times or during seasons that allow the chief
			 to evaluate properly the reclamation reported to be completed.
(2) Contents of request for approval of
			 reclamation.
(a) Every request for approval of
			 reclamation for a particular reclamation phase shall include:
(i) The location and the number of acres of
			 land subject to the request;
(ii)
			 The permit number;
(iii) The amount
			 of performance security for the area subject to the request and the phase of
			 reclamation sought to be released; and
(iv) A notarized statement which certifies
			 that all applicable reclamation activities have been accomplished in accordance
			 with the requirements of Chapter 1513. of the Revised Code, the rules adopted
			 thereunder and the approved reclamation plan.
(b) The request for approval of reclamation
			 phase II or any attachments to the request shall also include:
(i) The results of tests on the soil of the
			 area requested for release for such vegetation-sustaining factors as potassium,
			 phosphorus, and lime, and a lime recommendation;
(ii) The planting report required under rule
			 1501:13-9-15 of the
			 Administrative Code;
(iii) The
			 number of acres of the area requested for release that are reclaimed as prime
			 farmland; and
(iv) Yield data for
			 those acres reclaimed as prime farmland, if appropriate.
(c) The request for approval of reclamation
			 phase III or any attachments to the request shall also state:
(i) The number of acres of the area requested
			 for release that are reclaimed as prime farmland;
(ii) Yield data for those acres reclaimed as
			 cropland, prime farmland, pasture or grazing land, if appropriate;
			 and
(iii) The number of acres of
			 the area requested for release that are reclaimed as lands eligible for
			 remining.
(d) With every
			 request for approval of reclamation for a particular reclamation phase, the
			 permittee shall submit copies of the letters the permittee has sent to
			 adjoining property owners, local government bodies, planning agencies, and
			 sewage and water treatment authorities or water companies in the locality in
			 which the coal mining and reclamation activities took place, notifying them of
			 the permittee's intention to seek release of performance security.
(3) At the time that a request for
			 release of performance security is filed with the chief, the permittee shall
			 publish an advertisement, described in division (F)(1) of section
			 1513.16 of the Revised Code, at
			 least once a week for four successive weeks in a newspaper of general
			 circulation in the locality of the coal mining operation. In addition to the
			 requirements specified in division (F)(1) of section
			 1513.16 of the Revised Code, the
			 advertisement shall contain the permittee's name and shall state that written
			 comments, objections, and requests for a performance security release
			 conference may be submitted to the chief pursuant to rule
			 1501:13-7-08
			 of the Administrative Code. The advertisement shall also provide the address to
			 which, and closing date by which, written comments, objections and requests for
			 performance security release conferences must be sent. Within thirty days after
			 filing a request for release with the chief, the permittee shall submit a copy
			 of this advertisement to the chief.
(4) After the publication required by
			 paragraph (A)(3) of this rule and prior to the release of performance security,
			 the permittee shall submit to the chief a notarized proof of publication from
			 the newspaper that published the advertisement.
(5) Inspection by the chief.
(a) Within thirty days after the permittee
			 has complied with the requirements of paragraphs (A)(1), (A)(2), and (A)(3) of
			 this rule, the chief shall conduct an inspection and evaluation of the
			 reclamation work involved. The surface owner, or agent or lessee of the surface
			 owner, shall be given notice of such inspection and may participate with the
			 chief or his or her authorized representative in making the performance
			 security release inspection.
(b)
			 The chief shall consider during inspection and evaluation of the reclamation:
(i) Whether the permittee has met the
			 requirements of Chapter 1513. of the Revised Code, these rules, any orders
			 issued during mining and reclamation, and the specifications of the approved
			 mining and reclamation plan;
(ii)
			 The degree of difficulty to complete any remaining reclamation;
(iii) Whether pollution of surface and
			 subsurface water is occurring;
(iv)
			 The probability the pollution will continue or occur again; and
(v) The estimated cost of abating the
			 pollution.
(6) Objections to release of performance
			 security and request for performance security release conference.
(a) Within thirty days after the last
			 newspaper publication of the filing of the request for release, written
			 objections to the proposed release of performance security may be filed with
			 the chief by the following persons:
(i) A
			 person with a valid legal interest that might be adversely affected by release
			 of the performance security;
(ii)
			 The responsible officer or head of any federal, state, or local government
			 agency that:
(a) Has jurisdiction by law or
			 special expertise with respect to any environmental, social, or economic impact
			 involved in the operation; or
(b)
			 Is authorized to develop and enforce environmental standards with respect to
			 the operation.
(b) Persons who may file objections under
			 paragraph (A)(6)(a) of this rule may also request a performance security
			 release conference on the proposed release of performance security pursuant to
			 rule
			 1501:13-7-08
			 of the Administrative Code.
(7) Decision of the chief; notice of review.
(a) The chief shall notify in writing the
			 permittee and any other interested parties of his or her decision to approve or
			 disapprove the request for release and his or her decision to release or not to
			 release all or part of the performance security:
(i) Within sixty days after the permittee has
			 filed a request for release and complied with the requirements of paragraphs
			 (A)(1), (A)(2), and (A)(3) of this rule, if no performance security release
			 conference is held pursuant to paragraph (A)(6)(b) of this rule; or
(ii) Within sixty days after the performance
			 security release conference, if a performance security release conference is
			 held pursuant to paragraph (A)(6)(b) of this rule.
(b) If the chief disapproves a request for
			 release, the chief shall notify the permittee in writing, stating the reasons
			 for disapproval, recommending corrective action necessary to secure release,
			 and informing the permittee of his or her right to appeal this decision to the
			 reclamation commission.
(c) Within
			 thirty days after notification of the final decision of the chief regarding the
			 performance security release, the permittee or any person with an interest that
			 is or may be adversely affected may file an appeal of that decision with the
			 reclamation commission.
(d) If the
			 chief intends to release the performance security, the chief shall notify the
			 municipal corporation in which the coal mining operation is located by
			 certified mail at least thirty days before release of all or part of the
			 performance security.
(e) The chief
			 shall not release performance security until proceedings in review of a
			 decision to release are terminated or, if rights to administrative and judicial
			 review have not been exercised, until periods allowed for filing applications
			 for review have expired.