OHIO REGULATORY PROGRAM

OHIO ADMINISTRATIVE CODE [OAC]
1501:13 DIVISION OF MINES AND RECLAMATION - COAL [Current as of January 2002]

CHAPTER 1501:13-14  ENFORCEMENT
   OAC 1501:13-14-01          Inspections
   OAC 1501:13-14-02          Enforcement
   OAC 1501:13-14-03          Civil penalties
   OAC 1501:13-14-04          Formal review by the chief
   OAC 1501:13-14-05          Informal conferences
   OAC 1501:13-14-06          Individual civil penalties


NOTE: Cross references to OSM's federal statute and regulation sections appear in double braces to the right of the
Ohio statute or regulation section numbers, e.g., "OAC 1501:13-7-04   SELF-BONDING.    {{ 30 CFR 800.23 }}".
The cross references were compiled using the preambles to OSM's approval of amendments to the Ohio regulatory
program published in the Federal Register and from the COALEX Library in LexisNexis.


OAC 1501:13-14-01   INSPECTIONS.        {{ 30 CFR Part 840, Secs. 702.15, 842.11 }}
(A)   For purposes of this rule: 
     (1)  "CHIEF" shall mean the chief, his 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; 
          (b)  Conducted under a D-permit, for which reclamation phase II as defined in paragraph (B)(1)(b)
of rule 1501:13-7-05 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 1513.17 of the Ohio 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 bonded: 
               (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 bond. 
     (4)  "ACTIVE COAL MINING AND RECLAMATION OPERATION" means an operation other than an
inactive or abandoned coal mining and reclamation operation. 

(B)  The chief shall have a right of entry to, upon, or through any coal mining and reclamation operations, coal
exploration operations, any premises in which any records required to be maintained are located and any area of land
upon which the chief has reason to believe that coal mining and reclamation operations are being conducted. 

(C)  The chief shall conduct an average of at least one partial inspection per month of each active coal mining and
reclamation operation under his jurisdiction, and shall conduct such partial inspections of each inactive coal mining
and reclamation operation under his jurisdiction as are necessary to ensure effective enforcement. A "partial
inspection" is an on-site or aerial review of a person's compliance with some of the permit conditions and
requirements imposed under Chapter 1513. of the Revised Code and these rules. 
     (1)  If the chief or his authorized representative conducts an aerial inspection, the aerial inspection shall be
conducted in a manner which reasonably ensures the identification and documentation of conditions at each coal
mining and reclamation site inspected. 
     (2)  Any potential violation observed during an aerial inspection shall be investigated on site within three
calendar days after the aerial inspection, provided that any indication of a condition, practice or violation constituting
cause for issuance of a cessation order under division (D)(1) of section 1513.02 of the Revised Code shall be
investigated on site immediately, and provided further that an on-site investigation of a potential violation observed
during an aerial inspection shall not be considered to be an additional partial or complete inspection for the purposes
of paragraph (C) or (D) of this rule. 

(D)  The chief shall conduct an average of at least one complete inspection per calendar quarter of each active and
inactive coal mining and reclamation operation under his jurisdiction. A "complete inspection" is an on-site review
of a person's compliance with all permit conditions and requirements imposed under Chapter 1513. of the Revised
Code and these rules. 

(E)  In lieu of the inspection frequency established in paragraphs (C) and (D) of this rule, the chief shall inspect each
abandoned site on a set frequency commensurate with the public health and safety and environmental considerations
present at each specific site, but in no case shall the inspection frequency be set at less than one complete inspection
per calendar year. 
     (1)  In selecting an alternate inspection frequency authorized under paragraph (E) of this rule, the chief shall
first conduct a complete inspection of the abandoned site and provide public notice under paragraph (E)(2) of this
rule. Following the inspection and public notice, the chief shall prepare and maintain for public review a written
finding justifying the alternative inspection frequency selected. This written finding shall justify the new inspection
frequency by affirmatively addressing in detail all of the following criteria: 
          (a)  How the site meets each of the criteria under the definition of an abandoned site under
paragraph (A)(3) of this rule and thereby qualifies for a reduction in inspection frequency; 
          (b)  Whether, and to what extent, there exist on the site impoundments, earthen structures, or other
conditions that pose, or may reasonably be expected to pose imminent dangers to the health or safety of the public or
significant environmental harms to land, air, or water resources; 
          (c)  The extent to which existing impoundments or earthen structures were constructed and
certified in accordance with prudent engineering designs approved in the permit; 
          (d)  The degree to which erosion and sediment control is present and functioning; 
          (e)  The extent to which the site is located near or above urbanized areas, communities, occupied
dwellings, schools, and other public or commercial buildings and facilities; 
          (f)  The extent of reclamation completed prior to abandonment and the degree of stability of
unreclaimed areas, taking into consideration the physical characteristics of the land mined and the extent of
settlement or revegetation that has occurred naturally with time; and 
          (g)  Based on a review of the complete and partial inspection report record for the site during at
least the last two consecutive years, the rate at which adverse environmental or public health and safety conditions
have and can be expected to progressively deteriorate. 
     (2)  The public notice and opportunity to comment required under paragraph (E)(1) of this rule shall be
provided as follows: 
          (a)  The chief shall place a notice in the newspaper with the broadest circulation in the locality of
the abandoned site providing the public with a thirty-day period in which to submit written comments. 
          (b)  The public notice shall contain the permittee's name, the permit number, the precise location of
the land affected, the inspection frequency proposed, the general reasons for reducing the inspection frequency, the
bond status of the permit, the telephone number and address where written comments on the reduced inspection
frequency may be submitted, and the closing date of the comment period. 

(F)  The chief shall conduct such inspections of all coal exploration operations as are necessary to ensure compliance
with Chapter 1513. of the Revised Code and division-level 1501:13 of the Administrative Code. 

(G)  Except as provided in paragraph (M) of this rule, the inspections required under paragraphs (C), (D), (E), and
(F) of this rule shall: 
     (1)  Occur without advance notice or search warrant and upon presentation of appropriate credentials; 
     (2)  Be carried out on an irregular basis, so as to monitor compliance at all operations, including those
which operate nights, holidays, and weekends; 
     (3)  Occur without prior notice to the operator being inspected or any agent or employee of such operator,
except for necessary on-site meetings; 
     (4)  Include the prompt filing of inspection reports or other documents adequate to enforce the requirements
of and to carry out the terms and purposes of Chapter 1513. of the Revised Code and rules adopted thereunder; 
     (5)  Include the collection of evidence with respect to every violation; and 
     (6)       Allow for inspection of any monitoring equipment or method of exploration or operation and to
have access to and copy any records required under Chapter 1513. of the Revised Code. 

(H)  Citizen's request for inspection. 
     (1)  A citizen may request an inspection by furnishing to the chief a signed, written statement (or an oral
report followed by a signed, written statement) giving: 
          (a)  The reason for believing that a violation exists; and 
          (b)  A phone number and address where the citizen can be contacted. 
     (2)  The identity of any person supplying the information to the chief in a request for an inspection shall
remain confidential, if requested by the person, unless the person elects to accompany the inspector on the inspection
or unless disclosure is required under the state's freedom of information laws. 
     (3)  If an inspection is to be conducted as a result of information provided by the citizen, the citizen shall be
notified as far in advance as is practicable when the inspection is to occur and shall be allowed to accompany the
inspector. The citizen shall be in the presence of and under control, direction, and supervision of the inspector during
the inspection. The citizen does not have the right to enter buildings without consent of the mine operator or without
a search order. 
     (4)  Within ten days of the inspection or, if there is no inspection, within fifteen days of receipt of the
citizen's written statement, the chief or his representative shall send the citizen and the permittee the following: 
          (a)  If an inspection was made, a description of the enforcement action taken or an explanation of
why no enforcement action was taken; 
          (b)  If no inspection was conducted, an explanation of the reason why; and 
          (c)  An explanation of the citizen's right to informal review of the action of the chief. 
     (5)  The chief shall give copies of all materials in paragraphs (H)(4)(a) and (H)(4)(b) of this rule within the
time limits specified in those paragraphs to the person alleged to be in violation, except that the name of the citizen
shall be removed unless disclosure of the citizen's identity is permitted under paragraph (H)(2) of this rule. 

(I)  Inspection of operations where coal is extracted incidental to the extraction of other minerals. 
     (1)  Authorized representatives of the chief and of the U.S. secretary of the interior shall have the right to
conduct inspections of operations claiming the exemption from the requirements of Chapter 1513. of the Revised
Code in accordance with rule 1501:13-4-16 of the Administrative Code. 
     (2)  Each authorized representative of the chief or of the U.S. secretary of the interior conducting an
inspection under paragraph (I)(1) of this rule: 
          (a)  Shall have a right of entry to, upon, and through any mining and reclamation operations
without advance notice or a search warrant, upon presentation of appropriate credentials; 
          (b)  May, at reasonable times and without delay, have access to and copy any records relevant to
the exemption; and 
          (c)  Shall have a right to gather physical and photographic evidence to document conditions,
practices, or violations at a site. 
     (3)  No search warrant shall Be required with respect to any activity under paragraphs (I)(1) and (I)(2) of
this Rule, except that a search warrant may be required for entry into a building. 

(J)  Informal review. 
     (1)  Any person who is or may be adversely affected by a coal mining and reclamation operation may
request, in writing, the chief to review informally an authorized representative's or inspection officer's decision not to
inspect or take appropriate enforcement alleged by that person in a request for inspection under paragraph (H) of this
rule. The request for review shall include a statement of how the person is or may be adversely affected and why the
decision merits review. 
     (2)  The chief shall conduct the review and inform the person, in writing, of the results of the review within
thirty days of receipt of the request. The person alleged to be in violation shall also be given a copy of the results of
the review, except that the name of the person who is or may be adversely affected shall not be disclosed unless
confidentiality has been waived or disclosure is required under the state's freedom of information laws. 
     (3)  Informal review under this rule shall not affect any right to formal review or to a citizen's suit under
Chapter 1513. of the Revised Code. 

(K)  Any person who is or may be adversely affected by coal exploration or a coal mining and reclamation operation
may notify the chief, in writing, of any alleged failure to make adequate and complete or periodic inspections as
provided in paragraphs (C), (D), (E), and (F) of this rule. 
     (1)  The notification shall include sufficient information to create a reasonable belief that this rule is not
being complied with and to demonstrate that the person is or may be adversely affected. 
     (2)  The chief shall, within fifteen days of receipt of the notification, determine whether this rule is being
complied with, and if not, shall immediately order an inspection. 
     (3)  The chief shall furnish the complainant with a written finding, stating his determination and actions. 

(L)  The operator may accompany the chief during any inspection. 

(M)  Compliance review. 
     (1)  A permittee may request an on-site compliance review with the chief or his authorized representative to
review the compliance status of any condition or practice proposed at any coal exploration or coal mining and
reclamation operation. Any such conference shall not constitute an inspection within the meaning of division (C)(1)
of section 1513.09 of the Revised Code or paragraph (C), (D), (E), or (F) of this rule. 
     (2)  The chief of his authorized representative may accept or refuse any request to conduct a compliance
review under paragraph (M)(1) of this rule. 
     (3)  The chief or his authorized representative shall, at any compliance conference, review the proposed
conditions and practices in order to advise whether any such condition or practice may become a violation of any
requirement under Chapter 1513. of the Revised Code, these rules, or the permit. 
     (4)  Neither the holding of a compliance conference under this rule nor any opinion given by the chief or his
authorized representative at such conference shall affect: 
          (a)  Any rights or obligations of the state or the permittee with respect to any inspection, notice of
violation or cessation order, whether prior or subsequent to such compliance conference; or 
          (b)  The validity of any notice of violation or cessation order issued with respect to any condition
or practice reviewed at the compliance conference. 

HISTORY: Eff 8-16-82 (Emer.); 10-27-82; 7-2-85 (Emer.); 10-3-85; 10-1-88; 1-1-93; 11-27-95; 12-19-96
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 1513.02, 1513.09
Rule amplifies: RC 1513.03, 1513.09, 1513.41 
119.032 Review date: 10-3-00; 10-3-05


OAC 1501:13-14-02   ENFORCEMENT.  {{ SMCRA 521(c); 30 CFR Part 843, Secs. 773.21, 773.22,
                    773.23; 43 CFR 4.1190, 4.1191, 4.1192, 4.1193, 4.1194, 4.1195, 4.1196 }}
(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 finds on the basis of any inspection, any condition
or practice, or any violation of Chapter 1513. of the Revised Code and rules adopted thereunder, or any condition of
an exploration approval or 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. 
          (b)  If the cessation ordered under paragraph (A)(1)(a) of this rule will not completely abate the
imminent danger or harm in the most expeditious manner physically possible, the authorized representative of the
chief shall impose affirmative obligations on the person to whom it is issued to abate the condition, practice or
violation. The order shall specify the time by which abatement shall be accomplished. 
     (2)  Coal mining operations conducted by any person without a valid permit issued pursuant to these rules
constitute a condition or practice which causes or can reasonably be expected to cause significant imminent
environmental harm to land, air or water resources, unless such operations are an integral, uninterrupted extension of
previously permitted operations, and the person conducting such operations has filed a timely and complete
application for a permit to conduct such operations. 
     (3)  Failure to abate violation. 
          (a)  An authorized representative of the chief shall immediately order the cessation of coal
exploration or coal mining and reclamation operations, or of the relevant portion thereof, when a notice of violation
has been issued under paragraph (B) of this rule and the person to whom it was issued fails to abate the violation
within the abatement period fixed or subsequently extended by the authorized representative. 
          (b)  A cessation order issued under paragraph (A)(3) of this rule shall require the person to whom
it is issued to take all steps the authorized representative of the chief deems necessary to abate the violations covered
by the order in the most expeditious manner physically possible. 
          (c)  Whenever a permittee fails to abate a violation contained in a notice of violation or cessation
order within the abatement period set in the notice or order or as subsequently extended, the chief shall review the
permittee's history of violations to determine whether a pattern of violations exists pursuant to this rule, and shall
issue an order to show cause as appropriate pursuant to paragraph (C) of this rule. 
     (4)  A cessation order issued under paragraph (A)(1) or (A)(3) of this rule shall be in writing, signed by the
authorized representative who issues it, and shall set forth with reasonable specificity: 
          (a)  The nature of the condition, practice, or violation; 
          (b)  The remedial action or affirmative obligation required, if any, including interim steps, if
appropriate; 
          (c)  The time established for abatement, if appropriate, including the time for meeting any interim
steps; and 
          (d)  A reasonable description of the portion of the coal exploration or coal mining and reclamation
operation to which it applies. The order shall remain in effect until the condition, practice or violation has been
abated or until the order is vacated, modified or terminated in writing by an authorized representative of the chief. 
     (5)  Reclamation operations and other activities intended to protect public health and safety and the
environment shall continue during the period of any order unless otherwise provided in the order. 
     (6)  An authorized representative of the chief may modify, terminate or vacate a cessation order for good
cause, and may extend the time for abatement if the failure to abate within the time previously set was not caused by
lack of diligence on the part of the person to whom it was issued. 
     (7)  An authorized representative of the chief shall terminate a cessation order, by written notice to the
person to whom the order was issued, when he determines that all conditions, practices, or violations listed in the
order have been abated. Termination shall not affect the right of the chief to assess civil penalties for those violations
under rule 1501:13-14-03 of the Administrative Code. 
     (8)  Within sixty days after issuing a cessation order, the chief shall notify in writing any person who has
been identified under paragraph (B)(5) or (B)(7) of rule 1501:13-4-03 or paragraph (G)(5) of rule 1501:13-5-01 of
the Administrative Code as owning or controlling the permittee that the cessation order was issued and that the
person has been identified as an owner or controller. 

(B)  Notices of violation. 
     (1)  An authorized representative of the chief shall issue a notice of violation, if, on the basis of an
inspection, he finds a violation of Chapter 1513. of the Revised Code and rules adopted thereunder or any condition
of a permit or an exploration permit, which does not create an imminent danger or harm for which a cessation order
must be issued under paragraph (A) of this rule. 
     (2)  A notice of violation issued under this rule shall be in writing, signed by the authorized representative
of the chief who issued it, and shall set forth with reasonable specificity: 
          (a)  The nature of the violation; 
          (b)  The remedial action required, which may include interim steps; 
          (c)  A reasonable time for abatement, which may include time for accomplishment of interim steps;
and 
          (d)  A reasonable description of the portion of the coal exploration or coal mining and reclamation
operation to which it applies. 
     (3)  An authorized representative of the chief may extend the time set for the abatement or for
accomplishment of an interim step, if the failure to meet the time previously set was not caused by lack of diligence
on the part of the person to whom it was issued. The total time for abatement under a notice of violation, including
all extensions, shall not exceed ninety days from the date of issuance, except upon a showing by the permittee that it
is not feasible to abate the violation within ninety calendar days due to one or more of the circumstances listed in
paragraph (B)(3) of this rule. An extended abatement date pursuant to this rule shall not be granted when the
permittee's failure to abate within ninety days has been caused by lack of diligence or intentional delay by the
permittee in completing the remedial action required. Circumstances which may qualify a coal mining operation for
an abatement period of more than ninety days are: 
          (a)  When a permittee has applied in a timely manner for, and diligently pursued, a permit renewal
or other necessary approval of designs or plans but such renewal or approval has not been issued within ninety days
after the permittee's valid permit expires for reasons not within the control of the permittee; 
          (b)  When there is a valid judicial order precluding abatement within ninety days as to which the
permittee has diligently pursued all rights of appeal and as to which he or she has no other effective legal remedy; 
          (c)  When the permittee cannot abate within ninety days due to a labor strike; 
          (d)  When climatic conditions preclude abatement within ninety days or when, due to climatic
conditions, abatement within ninety days clearly would cause more environmental harm than it would prevent; or 
          (e)  When abatement within ninety days requires action that would violate safety standards
established by statute or regulation under the Mine Safety and Health Act. 
     (4)  Whenever an abatement time in excess of ninety days is granted, interim abatement measures shall be
imposed to the extent necessary to minimize harm to the public or the environment. 
     (5)  If any of the conditions in paragraph (B)(3) of this rule exist, the permittee may request the authorized
representative to grant an abatement period exceeding ninety days. The authorized representative shall not grant or
deny such an abatement period without the concurrence of the chief and the abatement period granted shall not
exceed the shortest possible time necessary to abate the violation. The permittee shall have the burden of establishing
by clear and convincing proof that he or she is entitled to an extension under the provisions of paragraph (B)(3) of
this rule. In determining whether or not to grant an abatement period exceeding ninety days, the authorized
representative may consider any relevant written or oral information from the permittee or any other source. The
authorized representative shall promptly and fully document in the file his or her reasons for granting or denying the
request. The authorized representative's immediate supervisor shall review this document before concurring in or
disapproving the extended abatement date and shall promptly and fully document the reasons for his or her
concurrence or disapproval in the file. 
     (6)  Any determination made under paragraph (B)(5) of this rule shall be in writing and shall contain a right
of appeal to the reclamation board of review. 
     (7)  No extension granted under paragraph (B)(5) of this rule may exceed ninety days in length. If the
condition or circumstance which prevented abatement within ninety days exists at the expiration of any such
extension, the permittee may request a further extension in accordance with the procedures of paragraph (B)(5) of
this rule. 
     (8)  If the person to whom the notice was issued fails to meet any time set for abatement or for
accomplishment of an interim step, the authorized representative shall issue a cessation order under paragraph (A) of
this rule. 
     (9)  An authorized representative of the chief shall terminate a notice of violation by written notice to the
person to whom it was issued, when he determines that all violations listed in the notice of violation have been
abated. Termination shall not affect the right of the chief to assess civil penalties for those violations under rule
1501:13-14-03 of the Administrative Code. 

(C)  Show cause orders. 
     (1)  If the chief determines that, for any permit, there exists or has existed a pattern of violations of any
requirements of Chapter 1513. of the Revised Code, these rules, or any permit condition, and that the violations were
caused by the permittee willfully or through unwarranted failure to comply with those requirements or conditions,
then the chief shall issue an order to the permittee requiring him to show cause why his permit and right to mine
should not be suspended or revoked. Violations by any person conducting coal mining operations on behalf of the
permittee shall be attributed to the permittee, unless the permittee establishes that they were acts of deliberate
sabotage. 
     (2)  The chief shall determine that a pattern of violations exists, if he finds that there were violations of the
same or related requirements of Chapter 1513. of the Revised Code, these rules, or the permit during three or more
inspections of the permit area within any twelve-month period. 
     (3)  The chief may determine that a pattern of violations exists or has existed, based on two or more
inspections of the permit area within any twelve-month period, after considering the circumstances, including: 
          (a)  The number of violations, cited on more than one occasion, of the same or related
requirements of Chapter 1513. of the Revised Code, these rules, or the permit; 
          (b)  The number of violations, cited on more than one occasion, of different requirements of
Chapter 1513. of the Revised Code, these rules, or the permit; and 
          (c)  The extent to which the violations were isolated departures from lawful conduct. 
     (4)  A show cause order shall set forth in the order itself or in attachments to the order: 
          (a)  A list of the unwarranted or willful violations which contribute to a pattern of violations; 
          (b)  A copy of each order or notice which contains one or more of the violations listed as
contributing to a pattern of violations; 
          (c)  A brief statement indicating the basis for determining that the violations were caused by the
permittee willfully or through unwarranted failure to comply; 
          (d)  The chief's intent to either revoke or suspend the permit, including the length and terms of a
suspension; and 
          (e)  A statement advising the permittee that if he wishes a show cause hearing, he must, within
thirty days from receipt of the show cause order, file and answer to the show cause order and request a hearing. 
     (5)  The permittee's answer to a show cause order shall contain a statement setting forth: 
          (a)  The reasons in detail why a pattern of violations does not exist or has not existed including all
the reasons for contesting: 
               (i)  The fact of any of the violations alleged by the chief as constituting a pattern of
violations; 
               (ii)  The willfulness of such violations; or 
               (iii)  Whether such violations were caused by the unwarranted failure of the permittee; 
          (b)  All mitigating factors the permittee believes exist in determining the terms of the revocation or
the length of terms of the suspension; and 
          (c)  Any other alleged relevant facts. 
     (6)  If the permittee files an answer to the show cause order and requests a show cause hearing, the chief
shall give thirty days written notice of the date, time and place of the hearing to all interested parties. The chief shall
publish notice of the hearing, if practicable, in a newspaper of general circulation in the area of the coal mining and
reclamation operations, and shall post it at the division of reclamation district office closest to the coal mining and
reclamation operations. 
     (7)  If the permittee files an answer and requests a hearing, the chief or his representative shall hold a show
cause hearing, which shall be a public adjudicatory hearing of record. The permittee issued the order to show cause
shall appear at the hearing. The chief or his representative may accept oral or written statements and any other
relevant information. An electronic or stenographic record shall be made of the hearing. The record shall be
maintained and shall be accessible to the parties of the hearing until final release of the permittee's performance bond
or other equivalent guarantee required by Chapter 1513. of the Revised Code and these rules. 
     (8)  In a show cause hearing, the chief shall have the burden of going forward to establish a prima facie case
for suspension or revocation of the permit. The ultimate burden of persuasion that the permit should not be
suspended or revoked shall rest with the permittee. 
     (9)  Within sixty days following the show cause hearing: 
          (a)  The chief shall issue a written determination as to whether a pattern of violations exists and, if
appropriate, an order for the suspension or revocation of the permit. 
               (i)  In making a determination that a pattern of violations exists, the chief need not find
that all the violations listed in the show cause order occurred, but only that sufficient violations occurred to establish
a pattern; 
               (ii)  If the permit is suspended, the minimum suspension period shall be three working
days unless the chief finds that imposition of the minimum suspension period would result in manifest injustice and
would not further the purposes of Chapter 1513. of the Revised Code; and 
          (b)  The chief shall furnish the permittee and all other parties of the hearing with the written
determination, which shall state the reasons for this determination issued pursuant to paragraph (C)(10)(a) of this
rule. 
     (10)  Whenever the chief orders the revocation or suspension of the permit in the determination issued
pursuant to paragraph (C)(10)(a) of this rule, the permittee shall immediately cease coal mining operations on the
permit area and shall: 
          (a)  If the permit and the right to mine are revoked, complete reclamation within the time specified
in the order or the chief shall declare as forfeited the performance bonds for the operation; or 
          (b)  If the permit and right to mine are suspended, complete all affirmative obligations to abate all
conditions, practices or violations, as specified in the order. 

(D)  Service of notices and orders. 
     (1)  Any notice or order shall be served on the person to whom it is directed or his designated agent
promptly after issuance, as follows: 
          (a)  By tendering a copy at the coal exploration or coal mining and reclamation operation to the
designated agent or to the individual who, based upon reasonable inquiry by the authorized representative, appears to
be in charge of the coal exploration or coal mining and reclamation operation referred to in the notice or order. If no
such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an
employee or agent of the person to whom the notice or order is issued. In the event a notice or order is tendered to
anyone other than to whom it is directed or his designated agent, service shall also be made by certified mail. Service
shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept;
or 
          (b)       As an alternative to paragraph (D)(1)(a) of this rule, service may be made by sending a
copy of the notice or order by certified mail to the address shown as current on the permit in accordance with rule
1501:13-4-03 of the Administrative Code or by hand to the person to whom it is issued or his designated agent.
Service shall be complete upon tender of the notice or order of the mail and shall not be deemed incomplete because
of refusal to accept. 
          (c)  In the event that attempts to deliver the notice or order by hand or by certified mail are
unsuccessful, service of the notice or order may be made by first class mail to the most current address on file with
the division of reclamation. 
     (2)  Designation by any person of an agent for service of notices and orders shall be made in writing to the
Columbus office of the division of reclamation. 

(E)  Expiration of order of cessation. 
     (1)  Except as provided in paragraph (E)(2) of this rule, a notice of violation or order which requires
cessation of mining, shall expire within thirty days after it is served unless a hearing has been held pursuant to
section 1513.13 of the Revised Code within that time. 
     (2)  A notice of violation or cessation order shall not expire as provided in paragraph (E)(1) of this rule, if
the condition, practice, or violation in question has not been abated or if the hearing has been waived by the person
to whom the notice or order was issued. 

(F)  Review of citations. 
     (1)  A person issued a notice of violation or cessation order under this rule, or a person having an interest
which is or may be adversely affected by the issuance, modification, vacation, or termination of a notice or order
may request review of that action by filing an application for review and request for hearing under section 1513.13 of
the Revised Code within thirty days after receiving notice of the action. Such person may also request temporary
relief under division (C) of section 1513.13 of the Revised Code. 
     (2)  The filing of an application for review and request for a hearing under paragraph (F) of this rule shall
not operate as a stay of any notice or order, or of any modification, termination or vacation of either. 

(G)  Lack of information. No notice of violation, cessation order, show cause order, or order revoking or suspending
a permit may be vacated because it is subsequently determined that the chief did not have information sufficient,
under these rules, to justify an inspection. 

(H)  Inability to comply. 
     (1)  No cessation order or notice of violation issued under these rules may be vacated because of inability to
comply. 
     (2)  Inability to comply may not be considered in determining whether a pattern of violations exists pursuant
to paragraph (C) of this rule. 
     (3)       Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the
amount of civil penalty under rule 1501:13-14-03 of the Administrative Code and of the duration of the suspension
of a permit under paragraph (C) of this rule. 

(I)  Injunctive relief. The chief may request the attorney general of the state of Ohio to institute a civil action for
relief, including a permanent or temporary injunction, restraining order or any other order in the court of common
pleas for the county in which the coal exploration or coal mining and reclamation operation is located or in which the
person to whom the notice of violation or order has been issued has his principal office whenever that person or his
or her agent, in violation of Chapter 1513. of the Revised Code, or these rules, or any condition of an exploration
permit: 
     (1)  Violates or fails or refuses to comply with any order or decision of the chief or any authorized
representative of the chief under Chapter 1513. of the Revised Code, or these rules; 
     (2)       Interferes with, hinders or delays the chief or an authorized representative in carrying out the
provisions of Chapter 1513. of the Revised Code, or these rules; 
     (3)  Refuses to admit an authorized representative of the chief to a mine; 
     (4)  Refuses to permit inspection of a mine by an authorized representative of the chief; 
     (5)  Refuses to furnish any required information or report; 
     (6)  Refuses to permit access to or copying of any required records; or 
     (7)  Refuses to permit inspection of monitoring equipment. 

HISTORY: Eff 8-16-82 (Emer.); 10-27-82; 10-1-88; 8-5-91; 7-27-92
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 1513.02(D)


OAC 1501:13-14-03   CIVIL PENALTIES.                   {{ 30 CFR Part 845 }}
(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 these rules 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. 
     (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. 

(D)  Assessment of separate violations for each day. 
     (1)  The chief may assess separately a civil penalty for each day from the date of issuance of the notice of
violation or cessation order to the date set for abatement of the violation. In determining whether to make such an
assessment, the chief shall consider the factors listed in paragraph (C) of this rule and may consider the extent to
which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to
comply. 
     (2)  In addition to the civil penalty provided for in paragraph (D)(1) of this rule and pursuant to section
1513.02 of the Revised Code, whenever a violation contained in a notice of violation, cessation order or other order
has not been abated within the abatement period in the order, a civil penalty of not less than seven hundred fifty
dollars shall be assessed for each day during which such failure continues, provided that such penalty for the failure
to abate a violation shall not be assessed for more than thirty days for each such violation. If the permittee has not
abated the violation within the thirty-day period, the chief shall within the next thirty days take appropriate action
pursuant to section 1513.17 or 1513.40 of the Revised Code, or division (D)(3) of section 1513.02 of the Revised
Code, or division (A) of section 1513.15 of the Revised Code, to ensure that abatement occurs or to ensure that there
will not be a reoccurrence of the failure to abate. If the person to whom the notice or order was issued initiates
review proceedings with respect to the violation, the abatement period shall be extended as follows: 
     (a)  If the chairman of the board determines, in a temporary relief proceeding held under section 1513.13 of
the Revised Code, that the person to whom the notice or order was issued will suffer irreparable loss or damage from
the application of the requirements, the period permitted for abatement shall not end until the date on which the
chairman of the board issues a final order with respect to the violation in question; and 
     (b)  If the person to whom the notice or order was issued initiates review proceedings under section 1513.14
of the Revised Code with respect to the violation in which the obligations to abate are stayed by the court, the daily
assessment of a penalty shall not be made for any period before entry of a final order by the court. 

(E)  Procedures for assessment of civil penalties. 
     (1)  The chief shall, within thirty days of the issuance of the notice or order, serve a copy of the proposed
assessment, by certified mail, on the person to whom the notice of violation or order was issued at the address
specified in the sign required under paragraph (B) of rule 1501:13-9-01 of the Administrative Code, or at any
address at which the person is in fact located. Service shall be deemed complete when the certified mail service
requirements of paragraph (D)(1)(b) of rule 1501:13-14-02 of the Administrative Code are met. 
     (2)  The recipient of the proposed assessment shall be advised of the right to an informal assessment
conference under this rule. 
     (3)  Within fifteen days of service of a notice of violation or order, the person to whom it was issued may
submit written information about the violation to the chief and to the inspector who issued the notice of violation or
cessation order. The chief shall consider any information so submitted in determining the facts surrounding the
violation and the amount of the penalty. 

(F)  Informal assessment conference. 
     (1)  Within fifteen days from the date upon which a proposed assessment is served, the person to whom the
proposed assessment was issued may submit a written request to the chief for an informal assessment conference to
contest the amount of the penalty. The informal assessment conference shall constitute the public hearing required by
division (F)(2) of section 1513.02 of the Revised Code. A person who does not submit a timely request for an
informal assessment conference shall be considered to have waived the opportunity for a conference. A timely
request for an informal assessment conference under this rule shall toll the time permitted for appeal of the proposed
assessment to the reclamation board of review pursuant to section 1513.13 of the Revised Code. 
     (2)  The chief shall appoint a conference office to conduct the informal assessment conference. The
conference office shall be a person other than the inspector who issued the notice of violation upon which the penalty
is based. 
     (3)  The assessment conference shall not be governed by Chapter 119. of the Revised Code regarding the
requirements for formal adjudicatory hearings. 
     (4)   The assessment conference shall be held within sixty days after receipt of the written request required
by paragraph (F)(1) of this rule. A failure by the chief to hold the assessment conference within the prescribed time
limit shall not be grounds for rescission or reduction of all or a part of the proposed assessment unless the person
against whom the proposed penalty is assessed makes a timely written objection to the delay and proves to the chief
that actual prejudice results from the delay. 
     (5)  The chief shall post notice of the date, time and place of the conference at least five days prior to the
conference at the district office of the division of reclamation from which the underlying notice of violation was
issued. Any person may attend and participate in the conference. 
     (6)  Within thirty days after the conference, the conference officer shall issue a written notice of his or her
action as a result of the conference, which notice shall be served on the persons who participated in the conference
by certified mail in accordance with paragraph (D)(1)(b) of rule 1501:13-14-02 of the Administrative Code. The
notice shall contain the decision of the conference officer to affirm, raise, lower or vacate the proposed assessment. 
     (7)  The conference officer shall consider such information as is relevant to the assessment. The conference
officer shall either: 
          (a)  Settle the issues, in which case a settlement agreement shall be prepared and signed by the
conference officer, chief and by the person assessed; or 
          (b)  Affirm, raise, lower or vacate the penalty. 
     (8)  The person served with the proposed assessment shall bear the burden of proving at the conference the
existence or non-existence of any or all of the factors subject to consideration by the conference officer. 
     (9)  The written notice of the conference officer's decision shall be accompanied by the worksheet if the
proposed assessment has been raised or lowered. The reasons for the conference officer's action on the proposed
assessment shall be fully documented in the appropriate file. 
     (10)   If the conference officer increases or decreases the proposed assessment by more than twenty-five per
cent and five hundred dollars, the notice of decision required by paragraph (F)(6) of this rule shall not be final unless
approved by the chief or his designee, evidenced by the appropriate signature thereon. 
     (11)  The conference officer may terminate the conference when he or she determines that the issues cannot
be resolved, or that the person assessed is not diligently working toward a good faith resolution of the issues. 
     (12)  If full payment of the amount specified in the settlement agreement is not received within thirty days
after execution of the agreement, the chief may enforce the agreement or rescind it and proceed as if there had never
been a settlement agreement. 

(G)  Request for hearing. Any person having an interest that is or may be adversely affected by a notice of violation,
order or decision of the chief or by any modification, vacation or termination of such a notice, order or decision,
except a show cause order or an order which adopts a rule, may appeal by filing a notice of appeal with the
reclamation board of review pursuant to section 1513.13 of the Revised Code within thirty days from receipt of the
proposed assessment. 
     (1)  At the time this appeal is filed, the person shall forward the amount of the penalty to the secretary of the
reclamation board of review for placement in an escrow account. Failure to forward the money to the secretary of the
board within thirty days from receipt of the proposed assessment shall result in a waiver of all legal rights to contest
the violation or the amount of the penalty. 
     (2)  The reclamation board of review shall hold all funds submitted under paragraph (G)(1) of this rule in
escrow pending completion of the administrative and judicial review process, at which time it shall disburse them as
provided in paragraph (I) of this rule. 

(H)  If, upon appeal, the board affirms or modifies the proposed amount of the penalty, the person so assessed shall
have thirty days from service of the board's written decision, unless otherwise provided by Chapter 1513. of the
Revised Code, within which to pay such amount in full, or file an appeal with the court of appeals. 

(I)  Final assessment and payment of penalty. 
     (1)  If the person to whom a notice of violation or cessation order is issued fails to request a review as
provided in paragraph (G) of this rule, a proposed assessment shall become a final order of the chief and the penalty
assessed shall become due and payable upon expiration of the time allowed to request a hearing. 
     (2)  If any party requests judicial review of a final order of the reclamation board of review, the proposed
penalty shall continue to be held in escrow until completion of the review. Otherwise, subject to paragraph (I)(3) of
this rule, the escrowed funds shall be transferred to the chief in payment of the penalty, and the escrow shall end. 
     (3)  If the final decision in the administrative and judicial review results in an order reducing or eliminating
the proposed penalty assessed under this rule, the reclamation board of review shall, within thirty days of receipt of
the order, refund to the person assessed all or part of the escrowed amount, with interest, from the date of payment
into escrow to the date of the refund. 

HISTORY: Eff 8-16-82 (Emer.); 10-27-82; 12-30-85 (Emer.); 5-19-86; 10-1-88
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 1513.02(D) 


OAC 1501:13-14-04   FORMAL REVIEW BY THE CHIEF. 
               {{ 30 CFR 43 CFR 4.1290, 4.1291, 4.1292, 4.1293, 4.1294, 4.1295, 4.1296 }}
(A)  Definitions: for the purpose of this rule: 
     (1)  "APPLICANT" means the person applying or petitioning for review or relief or requesting a hearing for
filing written objections. 
     (2)  "ENFORCEMENT SECTION" means the enforcement section of the division of reclamation. 
     (3)  "INTERVENOR" means one granted the right to intervene pursuant to paragraph (M) of this rule. 
     (4)  "SECTION OF HEARINGS AND APPEALS" means the section of hearings and appeals of the division
of reclamation. 

(B)  Who may apply for review by the chief and what may be reviewed. 
     (1) The following persons may apply for review under this rule of the actions set forth: 
          (a)  A person issued a notice of violation or order under division (D)(1) or (D)(2) of section
1513.02 of the Revised Code or any person having an interest that is or may be adversely affected by the notice or
order or by any modification, vacation, or termination of the notice or order may apply under this rule for review of
the notice or order of modification, vacation, or termination thereof. 
          (b)  Any person charged with a civil penalty under division (F) of section 1513.02 of the Revised
Code may apply under this rule for review of the penalty. 
          (c)  A permittee issued an order under section 1513.06 of the Revised Code or any person having
an interest that is or may be adversely affected by the order or by any modification, vacation or termination thereof
may apply under this rule for review of the order or modification, vacation, or termination thereof. 
          (d)  The applicant for the permit or any person adversely affected by the approval or disapproval
of a permit application may apply for review under this rule of the approval or disapproval of the permit application. 
          (e)  Any person with a valid legal interest that might be adversely affected by release of
performance bond or the responsible officer or head of any federal, state, or local government agency that has
jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the
coal mining operation or is authorized to develop and enforce environmental standards with respect to such operation
may apply for review under this rule of the proposed release of bond (or such person may instead file written
objections to the proposed release with the chief without a hearing under this rule). 
          (f)  The permittee whose application for release of performance bond is disapproved may apply for
review under this rule of the disapproval. 
          (g)  Any employee or representative or employee who believes he has been fired or discriminated
against in violation of section 1513.39 of the Revised Code may apply for review under this rule of the alleged
discriminatory act. 
          (h)  Any person given a right in the Revised Code to a review of any action in an adjudicatory
hearing before the chief or a hearing officer appointed by the chief pursuant to division (J) of section 1513.02 of the
Revised Code may apply for review under this rule. 
     (2)  Who may appear at a hearing to show cause why a permit should not be revoked or suspended. 
          (a) The permittee issued an order to show cause shall appear at the hearing. 
          (b)  Any person having a interest that is or may be adversely affected by suspension, revocation, or
the failure to suspend or revoke the permit may petition to intervene in the hearing. 

(C)  How to apply for review. 
     (1)  Those persons described in paragraph (B)(1) of this rule may apply for review of the respective action
by filing, by hand or mail, two copies of an application for review with the section of hearings and appeals at the
office of the division of reclamation in Columbus, Ohio. At least one copy must bear the original signature of the
applicant or representative of the applicant. 
     (2)  The application for review must be filed within thirty days after: 
          (a)  Actual or constructive receipt of the written notice, order, decision, or assessment to be
reviewed; 
          (b)  The date of the last publication of the advertisement by the permittee of his request for bond
release, in the case of an application for review filed by a person described in paragraph (B)(1)(e) of this rule; or 
          (c)  The alleged discriminatory act, in the case of an application for review filed by a person
described in paragraph (B)(1)(g) of this rule. 
     (3)  An application shall be deemed filed when a complete application in compliance with these rules is
received by the section of hearings and appeals. 
     (4)  The chief shall dismiss any review case based on an application for review filed beyond the time
allowed for filing in paragraph (C)(2) of this rule. 
     (5)  Contents of application for review. An application for review must: 
          (a)  Be in writing and may be in the form of a letter or a legal pleading; 
          (b)  Identify the name, address and telephone number of the applicant; 
          (c)  Identify the notice, order, decision, assessment, or proposed release to be reviewed and include
a copy of the written notice, order, decision, or assessment to be reviewed; 
          (d)  Identify the permit area to which the notice, order, decision, assessment, or proposed release
relates; 
          (e)  Briefly describe the alleged facts and the ground on which review is being sought; 
          (f)  State whether or not the applicant requests that the hearing officer view the coal mining and
reclamation operations in question; 
          (g)  Where review of a cessation order issued under division (D)(1) or (D)(2) of section 1513.02 of
the Revised Code is applied for, contain a statement of whether or not the applicant waives the right to have the
decision issued by the chief in thirty days after receipt of the application for review; 
          (h)  Where review of a proposed bond release is sought, contain a clear statement of whether a
hearing is requested on the written objection to release, and if a hearing is requested, a statement of whether the
applicant desires the hearing to be held in the locality of the coal mining operation or in Franklin county; and 
          (i)  Be signed by the applicant or the applicant's representative. 
     (6)  Amendment of an application for review. An application for review may only be amended during the
time allowed for original filing and may be so amended without leave of the hearing officer. 

(D)  Filing and service of documents other than an application for review or request for temporary relief. Documents
other than an application for review or request for temporary relief: 
     (1)  Are filed by filing, by hand or mail, two copies of the document with the section of hearings and
appeals at the office of the division of reclamation in Columbus, Ohio. At least one copy must bear the original
signature of the applicant or representative of the applicant. 
     (2)  Must also be served on the permittee or license holder if the person filing is not the permittee or license
holder. 
     (3)  Are deemed filed when received by the section of hearings and appeals. 
     (4)  Must contain: 
          (a)  The name of the case, such as "XYZ Mining Company vs. John Smith, Chief of the Division of
Reclamation" or "In Re Joe Jones"; 
          (b)  The case number, such as "SHA-3-80"; 
          (c)  A title that identifies the contents of the document, such as "motion to dismiss"; 
          (d)  The signature of the applicant or representative of the applicant; and 
          (e)  As applicable, a statement indicating that the document was served by hand or mail on the
permittee or license holder on a given date. 

(E)  Responsive pleadings. A hearing officer may order a party to file a response to any request, allegation,
averment, or argument made by another party in an application for review or other document filed with the section of
hearings and appeals. The response ordered may be either counter argument or an admission or denial of averments,
or other response. Failure to respond when ordered may be treated as a failure to appear at hearing. 

(F)  Failure to appear at hearing. Where any party to a proceeding fails to appear at a hearing, that party will be
deemed to have waived its right to hearing and any factual issues in dispute will be decided against that party. 

(G)  Motions. 
     (1)  Except for oral motion which must be made in proceedings on the record (such as a motion for directed
verdict), or where the hearing officer otherwise directs, each motion shall: 
          (a)  Be in writing; 
          (b)  Contain a concise statement of supporting grounds; and 
          (c)  Be filed with the section of hearing and appeals at least seven days before hearing. 
     (2)  Unless the hearing officer orders otherwise, any party to a proceeding shall have fifteen days from
service of the motion or until hearing, whichever is earlier, to file a statement of response. 
     (3)  Failure to make a timely motion or to file a statement in response may be construed as a waiver of
objection. 
     (4)  A hearing officer shall rule on all motions as expeditiously as possible. 

(H)  Discovery. 
     (1)  Parties to a proceeding under this rule may obtain discovery in preparing their case. 
     (2)  Discovery shall be conducted in accordance with the procedural provisions of the "Ohio Rules of Civil
Procedure." Discovery may include oral depositions, written interrogatories to parties, inspection of premises,
request for admissions, and inspection of documents not privileged. 
     (3)  Failure to comply with orders compelling discovery. If a party or an officer, director, or other agent of a
party fails to obey an order to compel or permit discovery, issued by the hearing officer the hearing officer before
whom the action is pending may make such orders in regard to the failure as are just, including, but not limited to,
the following: 
          (a)  An order that the matters sought to be discovered or any other designated facts shall be taken
to be established for the purposes of the action in accordance with the claim of the party obtaining the order; 
          (b)  An order refusing to allow the disobedient party to support or oppose designated claims or
defenses, or prohibiting him from introducing designated matters into evidence; or 
          (c)  An order striking out pleadings or parts thereof, or staying further proceedings until the order
is obeyed, or terminate the proceedings and recommend in his written report to the chief that the action or
proceeding or any part thereof be terminated or a judgment by default be rendered against the disobedient party. 

(I)  Temporary relief. 
     (1)  An applicant may request temporary relief from any notice or order issued under section 1513.06 of the
Revised Code or division (D) of section 1513.02 of the Revised Code or from any order or decision approving or
disapproving a permit application by filing two copies of a request for relief with the section of hearings and appeals
at the office of the division of reclamation in Columbus, Ohio. At least one copy must bear the signature of the
applicant or representative of the applicant. 
     (2)  The chief may grant such temporary relief if: 
          (a)  An adjudicatory hearing is held in the locality of the permit area on the request for temporary
relief in which all parties were given an opportunity to be heard; 
          (b)  The applicant demonstrates a substantial likelihood that he will prevail on the merits of the
case in the final determination of the proceeding; and 
          (c)  The applicant demonstrates that such relief will not adversely affect the health or safety of the
public and will not cause significant, imminent environmental harm to land, air or water resources. 
     (3)  Unless such right is waived by applicant, the chief shall issue an order granting or denying temporary
relief expeditiously, except that where the applicant requests relief from an order for the cessation of coal mining and
reclamation operations issued pursuant to division (D)(1) or (D)(2) of section 1513.02 of the Revised Code, the
order or decision shall be issued within five days after its receipt. 
     (4)  Contents of request for temporary relief. A request for temporary relief must meet the requirements for
an application for review set forth in paragraphs (C)(5)(a) to (C)(5)(d), and (C)(5)(h) of this rule and must also
contain: 
          (a)  A detailed written statement setting forth the reasons why relief should be granted; and 
          (b)  Where a right to a decision by the chief in five days exists, a clear statement of whether or not
that right is waived. 
     (5)  If at any time after the initiation of the temporary relief procedure, the applicant requests a delay or acts
in a manner so as to frustrate the expeditious nature of this proceeding such action shall constitute a waiver of right
to temporary relief. 

(J)  Notice of hearing. 
     (1)  Written notice shall be given by the section of hearings and appeals to all parties in a proceeding of the
time, place, and nature of any hearing at least seven days before the hearing is held, except that: 
          (a)  Where the chief must issue a decision within thirty days after receipt of the application for
review of a cessation order, the section of hearings and appeals may give oral or written notice five days before the
hearing; 
          (b)  Where temporary relief is requested, the section of hearings and appeals may give oral or
written notice of the hearing on the request for temporary relief the day before the hearing; 
          (c)  The section of hearings and appeals shall advertise the date, time, and location of a hearing on
a proposed bond release in a newspaper of general circulation in the locality of the coal mining operation proposed
for release at least once a week for two consecutive weeks; and 
          (d)  In an order to show cause why a permit should not be suspended or revoked, the enforcement
section shall give notice of the hearing in which the permittee may show cause. The hearing shall be scheduled in
cooperation with the section of hearings and appeals and shall take place no earlier than fourteen days after the show
cause order is issued. Notice of the date, time, and place of the hearing shall also be published by the enforcement
section in a newspaper of general circulation in the area of coal mining and reclamation operations and posted at the
district office closest to the operations at least seven days before hearing. 
     (2)  When oral notice may be and is given the hearing officer shall enter that fact contemporaneously on the
record by a signed and dated memorandum describing the notice given. 

(K)  In the application for review, a party may request that the hearing officer view the site of the coal mining and
reclamation operations under review. The observations of the hearing officer in a view of the site may be used as
evidence. 

(L)  Hearing sites. The location of hearings to be held under this rule shall be established by the hearing officer
giving due regard to the convenience of the parties and their witnesses, provided further that the hearing site: 
     (1)  In proceedings for review of an order or notice of violation requiring cessation of mining, is in
reasonable proximity to the mining site so that any viewings can be conducted during the course of the hearing; 
     (2)  In proceedings for temporary relief from an order or notice of violation requiring cessation of mining, is
in the locality of the permit area; and 
     (3)  In proceedings for review of objections to the release of performance bond, is, at the option of the first
objector requesting a hearing, either: 
          (a)  In the locality of the permit area; or 
          (b)  In Franklin county. 
     (4)  In all other proceedings is in franklin county unless all parties agree to another location. 

(M)  Intervention. 
     (1)  Any person that may apply or could have applied for review of a particular action under paragraph
(B)(1) of this rule may also petition for leave to intervene at any stage of a proceeding in review of the action, which
proceeding has been initiated by another party. 
     (2)  The petition for leave to intervene shall meet the requirements for an application for review set forth in
paragraph (C)(5) of this rule. 
     (3)  The hearing officer shall consider the following in determining whether intervention is appropriate: 
          (a)  The nature of the issues; 
          (b)  The adequacy of representation of petitioner's interest which is provided by the existing parties
to the proceeding; 
          (c)  The ability of the petitioner to present relevant evidence and argument; and 
          (d)  The effect of intervention on the division of reclamation's implementation of its statutory
mandate. 
     (4)  Any person granted leave to intervene in a proceeding may participate in such proceeding as a full party
or, if desired, in a capacity less than that of a full party. If an intervenor wishes to participate in a limited capacity,
the extent and the terms of the participation shall be in the discretion of the hearing officer. 

(N)  Powers and duties of hearing officer. 
     (1) Presiding officer. Hearings governed by this rule shall be held by hearing officers, appointed by the
chief pursuant to division (J) of section 1513.02 of the Revised Code, with the powers set forth in this rule. 
     (2)  The hearing officer may: 
          (a)  Administer oaths and affirmations; 
          (b)  Issue subpoenas; 
          (c)  Issue appropriate orders relating to discovery; 
          (d)  Rule on procedural requests or similar matters; 
          (e)  Hold conferences for settlement or simplification of the issues; 
          (f)  Regulate the course of the hearing; 
          (g)  Rule on offers of proof and receive relevant evidence; 
          (h)  Order the parties to a proceeding to submit proposed findings of fact and conclusions of law
together with a supporting brief at a time designated by the hearing officer; and 
          (i)  Take other actions as authorized by this rule. 
     (3)  Conduct of hearing officers. Hearing officers shall adhere to the "Code of Judicial Conduct." 

(O)  Consolidation of proceedings. When proceedings involving a common question of law or fact are pending
before a hearing officer, such proceedings are subject to consolidation pursuant to a motion by a party or at the
initiative of the hearing officer. 

(P)  Report of the hearing officer and decision by the chief. 
     (1)  After hearing, the hearing officer shall submit to the chief a written report setting forth his findings of
fact and conclusions of law and a recommendation of the action to be taken by the chief. The report shall be
submitted within a time reasonably sufficient to allow the chief to issue his order within any time limit imposed by
law. 
     (2)  Upon receipt of the report of the hearing officer the chief may order additional testimony to be taken or
permit the introduction of further documentary evidence. The chief shall then make new findings of fact and
conclusions of law or may adopt the findings and conclusions of the hearing officer. The recommendation of the
hearing officer may be approved, modified, or disapproved by the chief, and the order of the chief based on such
report, recommendation, transcript of testimony and evidence or objections of the parties, and additional testimony
and evidence shall have the same effect as if such hearing had been conducted by the chief. 
     (3)  The decision of the chief shall be issued and mailed to all parties to the review proceeding within a
reasonable time after receipt of the report of hearing officer, except that: 
          (a)  In review of a proposed bond release or the approval or disapproval of a permit application,
the chief shall issue a written decision within thirty days after hearing; and 
          (b)  The chief shall issue a written decision within forty days after a hearing to show cause why a
permit should not be revoked or suspended. 
          (c)  In review of a cessation order issued pursuant to division (D)(1) or (D)(2) of section 1513.02
of the Revised Code, the chief shall issue a written decision within thirty days after receipt of the application for
review, unless the applicant waives such right to a thirty-day decision. The report to a thirty-day decision shall be
waived: 
               (i)  By expressly waiving the right in an application for review or by failing to state in an
application for review whether or not such right is waived. 
               (ii)  By obtaining temporary relief. 
               (iii)  If at any time after the thirty-day decision period begins the applicant requests a
delay or acts in a manner so as to frustrate the expeditious nature of the proceeding. 

(Q)  Award of costs and expenses. 
     (1)  Any person may file a petition for award of costs and expenses including attorneys' fees reasonably
incurred as a result of that person's participation in any administrative proceeding under Chapter 1513. of the
Revised Code which results in a final order being issued by the chief. 
     (2)  The petition for an award of costs and expenses including attorneys' fees must be filed with the section
of hearings and appeals within forty-five days of receipt of such order. Failure to make a timely filing of the petition
may constitute a waiver of the right to such an award. 
     (3)  Contents of petition. 
          (a)  A petition filed under paragraph (Q)(1) of this rule shall include the name of the person from
whom costs and expenses are sought and the following shall be submitted in support of the petition: 
               (i)  An affidavit setting forth in detail all costs and expenses including attorneys' fees
reasonably incurred for, or in connection with, the person's participation in the proceeding; 
               (ii)  Receipts or other evidence of such costs and expenses; and 
               (iii)  Where attorneys' fees are claimed, evidence concerning the hours expended on the
case, the customary commercial rate of payment for such services in the area, and the experience, reputation and
ability of the individual or individuals performing the services. 
     (4)  Any person served with a copy of the petition shall have thirty days from service of the petition within
which to file an answer to such petition. 
     (5)  Appropriate costs and expenses including attorneys' fees may be awarded: 
          (a)  To any person from the permittee, if: 
               (i)  The person initiates any administrative proceedings reviewing enforcement actions,
upon a finding that a violation of Chapter 1513. of the Revised Code, Chapters 1501:13-1 to 1501:13-14 of the
Administrative Code or permit has occurred, or that an imminent hazard existed, or to any person who participates in
an enforcement proceeding where such a finding is made if the chief determines that the person made a substantial
contribution to the full and fair determination of the issues; or 
               (ii)  The person initiates an application for review of alleged discriminatory acts, pursuant
to section 1513.39 of the Revised Code, upon a finding of discriminatory discharge or other acts of discrimination. 
          (b)  To any person other than a permittee or his representative from the state of Ohio, if the person
initiates or participates in any proceeding under Chapter 1513. of the Revised Code upon a finding that the person
made a substantial contribution to a full and fair determination of the issues. 
          (c)  To a permittee from the state of Ohio when the permittee demonstrates that the chief or his
authorized representative issued an order of cessation, a notice of violation or an order to show cause why a permit
should not be suspended or revoked, in bad faith and for the purpose of harassing or embarrassing the permittee; 
          (d)  To a permittee from any person where the permittee demonstrates that the person initiated a
proceeding under Chapter 1513. of the Revised Code or participated in such a proceeding in bad faith for the
purpose of harassing or embarrassing the permittee; or 
          (e)  To the division of reclamation where it demonstrates that any person applied for review
pursuant to Chapter 1513. of the Revised Code or that any party participated in such a proceeding in bad faith and
for the purpose of harassing or embarrassing the division of reclamation. 
     (6)  An award under this rule may include: 
          (a)  All costs and expenses, including attorneys' fees and expert witness fees, reasonably incurred
as a result of initiation and/or participation in a proceeding under Chapter 1513. of the Revised Code; and 
          (b)  All costs and expenses, including attorneys' fees and expert witness fees, reasonably incurred
in seeking the award of costs. 
     (7)  Any person aggrieved by a decision concerning the award of costs and expenses in an administrative
proceeding under Chapter 1513. of the Revised Code may appeal such award to the reclamation board of review
pursuant to section 1513.14 of the Revised Code. 

HISTORY: Eff 10-27-82
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 1513.07, 1513.13, 1513.131


OAC 1501:13-14-05   INFORMAL CONFERENCES.              {{ 30 CFR 773.5, 773.6 }}
(A)  Procedure for request for informal conference. Any person whose interests are or may be adversely affected by
the issuance of or significant revisions to a permit or the renewal of a permit, or the officer or head of any federal,
state or local government agency or authority 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. The request shall: 
     (1)  Briefly summarize the issues to be raised by the person requesting the conference at the conference; and 
     (2)  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. 

(B)  Except as provided in paragraph (C) of this rule, if an informal conference is requested in accordance with
paragraph (A) of this rule, the chief shall hold an informal conference within a reasonable time not to exceed sixty
days following the close of the comment period required by paragraph (B)(1) of rule 1501:13-5-01 of the
Administrative Code. The informal conference shall be conducted as follows: 
     (1)  The conference shall be held in the county where the largest portion of the area to be permitted is
located; 
     (2)  The date, time, and location of the informal conference shall be sent to the applicant and other parties to
the conference and advertised by the chief in a newspaper of general circulation in the locality of the proposed mine
at least two weeks prior to the scheduled conference; 
     (3)  If requested, in writing, by the person requesting the conference at a reasonable time prior to the
conference, the chief may arrange with the applicant to grant parties to the conference access to the proposed permit
area and, to the extent that the applicant has the right to grant access to it, to the adjacent area prior to the established
date of the conference for the purpose of gathering information relevant to the conference; and 
     (4)  The conference shall be conducted by the chief or a representative of the chief. The chief or his
representative may accept oral or written statements and any other relevant information from any party to the
conference. An electronic or stenographic record shall be made of the conference proceeding, unless waived by all
the parties. The record shall be maintained and shall be accessible to the parties of the conference until final release
of the applicant's performance bond or other equivalent guarantee required by Chapter 1513. of the Revised Code
and these rules. 

(C)  If all persons requesting the informal conference stipulate agreement prior to the requested informal conference
and withdraw their request, the informal conference need not be held. 

(D)  Conferences for bond releases are subject to rule 1501:13-7-05 of the Administrative Code. 

HISTORY: Eff 10-1-88
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 1513.07, 1513.071 
119.032 Review date: 10-3-00; 10-3-05


OAC 1501:13-14-06   INDIVIDUAL CIVIL PENALTIES.        {{ 30 CFR Part 846 }}
(A)  Definitions. For the purposes of this rule: 
     (1)  "KNOWINGLY" means that an individual knew or had reason to know in authorizing, ordering or
carrying out an act or omission on the part of a corporate permittee that such act or omission constituted a violation,
failure or refusal. 
     (2)  "VIOLATION" means a violation of any requirement of Chapter 1513. of the Revised code, these rules,
or of any permit condition. 
     (3)  "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. 
     (4)  "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. 

(B)  Except as provided in paragraph (C) of this rule, the chief may assess an individual civil penalty against any
corporate director, officer or agent of a corporate permittee who knowingly and willfully authorized, ordered or
carried out a violation, failure or refusal. 

(C)  The chief shall not assess an individual civil penalty in situations resulting from a permit violation by a
corporate permittee until a cessation order has been issued by the chief to the corporate permittee for the violation,
and the cessation order has remained unabated for thirty days. 

(D)  Amount of the individual civil penalty. 
     (1) In determining the amount of an individual civil penalty assessed under paragraph (B) or (C) of this rule,
the chief shall consider the criteria specified in division (F)(1) of section 1513.02 of the Revised Code, including: 
          (a)  The individual's history of authorizing, ordering or carrying out previous violations, failures or
refusals at the particular surface coal mining operation; 
          (b)  The seriousness of the violation, failure or refusal, including any irreparable harm to the
environment and any hazard to the health or safety of the public; and 
          (c)  The demonstrated good faith of the individual charged in attempting to achieve rapid
compliance after receipt of the notice of the violation, failure or refusal. 
     (2)  The penalty shall not exceed five thousand dollars for each violation. Each day of a continuing violation
may be deemed a separate violation and the chief may assess a separate individual civil penalty for each day the
violation continues, from the date of service of the underlying notice of violation, cessation order or other order
incorporating a final decision of the chief, until abatement or compliance is achieved. 

(E)  Procedure for assessment of the individual civil penalty. 
     (1)  For every imminent harm cessation order or failure-to-abate cessation order issued by the chief in
accordance with paragraph (A)(1) or paragraph (A)(3) of rule 1501:13-14-02 of the Administrative Code, the chief
shall immediately serve on each individual to be assessed an individual civil penalty, a notice of proposed individual
civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed,
and a copy of any underlying notice of violation and cessation order. 
     (2)  The notice of proposed individual civil penalty assessment shall become a final order of the chief thirty
days after service upon the individual unless: 
          (a)  The individual files within thirty days of service of this notice of proposed individual civil
penalty assessment a notice of appeal to the reclamation board of review, in accordance with section 1513.13 of the
Revised Code; or 
          (b)  The chief and the individual or responsible corporate permittee agree within thirty days of
service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or
correction of the violation, failure or refusal. 
     (3)  For purposes of paragraphs (E)(1) to (E)(2)(b) of this rule, service is sufficient if it would satisfy the
requirements of paragraph (D) of rule 1501:13-14-02 of the Administrative Code. 

(F)  If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for
review or abatement agreement, the penalty shall be due upon issuance of the final order. 

(G)  If an individual named in a notice of proposed individual civil penalty assessment files a notice of appeal in
accordance with section 1513.13 of the Revised Code, the penalty shall be due upon issuance of a final
administrative order affirming, increasing or decreasing the proposed penalty. 

(H)  Where the chief and the corporate permittee or individual have agreed in writing on a plan for the abatement of
or compliance with the unabated notice of violation or cessation order, an individual named in a notice of proposed
individual penalty assessment may postpone payment until receiving either a final order from the chief stating that
the penalty is due on the date of such final order, or written notice that abatement or compliance is satisfactory and
the penalty has been withdrawn. 

(I)  Following the expiration of forty-five days after the individual civil penalty is payable, any delinquent penalty
shall be certified to the attorney general for collection. 

HISTORY: Eff 12-27-90
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 1513.40