OHIO REGULATORY PROGRAM

OHIO REVISED CODE ["ORC"]
TITLE XV [15] CONSERVATION OF NATURAL RESOURCES 
CHAPTER 1513: COAL SURFACE MINING 

ORC 1513.01         DEFINITIONS.                       {{ SMCRA 701; 30 CFR 701.5 }}
As used in this chapter: 

(A)  "APPROXIMATE ORIGINAL CONTOUR" means that surface configuration achieved by backfilling and
grading of a mined area so that the reclaimed area, including any terracing or access roads, closely resembles the
general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the
surrounding terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the
chief of the division of [mines and reclamation] MINERAL RESOURCES MANAGEMENT determines that they
are in compliance with division (A)(8) of section 1513.16 of the Revised Code. 

(B)  "COAL MINING AND RECLAMATION OPERATIONS" means coal mining operations and all activities
necessary and incident to the reclamation of such operations. 

(C)  "DEGREES" means inclination from the horizontal. 

(D)  "DEPOSITION OF SEDIMENT" means placing or causing to be placed in any waters of the state, in stream
beds on or off the land described in an application for a coal mining permit, or upon other lands any organic or
inorganic matter that settles or is capable of settling to the bottom of the waters and onto the beds or lands. 

(E)  "IMMINENT DANGER TO THE HEALTH AND SAFETY OF THE PUBLIC" means the existence of any
condition or practice or violation of a permit or other requirement of this chapter or rule adopted thereunder in a coal
mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause
substantial physical harm to persons outside the permit area before the condition, practice, or violation can be
abated. A reasonable expectation of death or serious injury before abatement exists if a rational person subjected to
the same conditions or practices giving rise to the peril would not expose [himself or herself] ONESELF to the
danger during the time necessary for abatement. 

(F)  "LANDS ELIGIBLE FOR REMINING" means those lands that otherwise would be eligible for expenditures
under division (C)(1) of section 1513.37 of the Revised Code. 

(G)  "MOUNTAIN TOP REMOVAL" means a coal mining operation that will remove an entire coal seam or seams
running through the upper fraction of a mountain, ridge, or hill by removing all of the overburden and creating a
level plateau with no highwalls remaining instead of restoring to approximate original contour, and is capable of
supporting postmining uses in [accord] ACCORDANCE with the requirements established by the chief [of the
division of mines and reclamation]. 

(H)  "OPERATION" or "COAL MINING OPERATION" means: 
     (1)  Activities conducted on the surface of lands in connection with a coal mine, the removal of coal from
coal refuse piles, and surface impacts incident to an underground coal mine. Such activities include excavation for
the purpose of obtaining coal, including such common methods as contour, strip, auger, mountaintop removal, box
cut, open pit, and area mining; the use of explosives and blasting; in situ distillation or retorting; leaching or other
chemical or physical processing; and the cleaning, concentrating, or other processing or preparation of coal. Such
activities also include the loading of coal at or near the mine site. Such activities do not include any of the following: 
          (a)  The extraction of coal incidental to the extraction of other minerals if the weight of coal
extracted is less than one-sixth the total weight of minerals removed, including coal; 
          (b)  The extraction of coal as an incidental part of federal, state, or local highway or other
government-financed construction when approved by the chief; 
          (c)  Coal exploration subject to section 1513.072 of the Revised Code. 
     (2)  The areas upon which such activities occur or where such activities disturb the natural land surface.
Such areas include any adjacent land the use of which is incidental to any such activities, all lands affected by the
construction of new roads or the improvement or use of existing roads to gain access to the site of such activities, and
for hauling, and excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps,
stockpiles, overburden piles, spoil banks, culm banks, holes or depressions, repair areas, storage areas, processing
areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the
surface, resulting from or incident to such activities. Separation by a stream, roadway, or utility easement does not
preclude two or more contiguous tracts of land from being considered contiguous. 

(I)  "OPERATOR" means any person conducting a coal mining operation.
 
(J)  "OVERBURDEN" means all of the earth and other materials, except topsoil, covering a natural deposit of coal,
and also means such earth and other materials after removal from their natural state in the process of coal mining. 

(K)  "PERMIT" means a permit to conduct coal mining and reclamation operations issued by the chief pursuant to
section 1513.07 or 1513.074 of the Revised Code. 

(L)  "PERMIT AREA" means the area of land to be affected indicated on the approved map submitted by the operator
with the application required by section 1513.07 or 1513.074 of the Revised Code. 

(M)  "PERSON" has the same meaning as in section 1.59 of the Revised Code and also includes any political
subdivision, instrumentality, or agency of this state or the United States. 

(N)  "POLLUTION" means placing any sediments, solids, or waterborne mining related wastes, including, but not
limited to, acids, metallic cations, or their salts, in excess of amounts prescribed by the chief into any waters of the
state or affecting the properties of any waters of the state in a manner [which] THAT renders those waters harmful or
inimical to the public health, or to animal or aquatic life, or to the use of the waters for domestic water supply,
industrial or agricultural purposes, or recreation. 

(O)  "PRIME FARMLAND" has the same meaning as that previously prescribed by the secretary of the United States
department of agriculture as published in the federal register on August 23, 1977, or subsequent revisions thereof, on
the basis of such factors as moisture availability, temperature regime, chemical balance, permeability, surface layer
composition, susceptibility to flooding, and erosion characteristics and [which] THAT historically has been used for
intensive agricultural purposes, and as published in the rules adopted pursuant to this chapter. 

(P)  "RECLAMATION" means backfilling, grading, resoiling, planting, and other work that has the effect of restoring
an area of land affected by coal mining so that it may be used for forest growth, grazing, agricultural, recreational,
and wildlife purpose, or some other useful purpose of equal or greater value than existed prior to any mining. 

(Q)  "SPOIL BANK" means a deposit of removed overburden. 

(R)  "STEEP SLOPE" means any slope above twenty degrees or such lesser slope as may be defined by the chief [of
reclamation] after considering soil, climate, and other characteristics of a region. 

(S)  "STRIP MINING" means those coal mining and reclamation operations incident to the extraction of coal from
the earth by removing the materials over a coal seam, before recovering the coal, by auger coal mining, or by
recovery of coal from a deposit that is not in its original geologic location. 

(T)  "UNWARRANTED FAILURE TO COMPLY" means the failure of a permittee to prevent the occurrence of any
violation of any requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care, or the
failure to abate any violation of the permit or this chapter due to indifference, lack of diligence, or lack of reasonable
care. 

(U)  "WATERS OF THE STATE" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs,
irrigation systems, drainage systems, and other bodies or accumulations of water, surface or underground, natural or
artificial, regardless of the depth of the strata in which underground water is located, [which] THAT are situated
wholly or partly within, or border upon, this state, or are within its jurisdiction. 

(V)  "PUBLIC ROADWAY" means a road that is all of the following: 
     (1)  Designated as a public road in the jurisdiction within which it is located; 
     (2)  Constructed in a manner consistent with other public roads within the jurisdiction within which it is
located; 
     (3)  Regularly maintained with public funds; 
     (4)  Subject to and available for substantial use by the public.


ORC 1513.02         DUTIES OF CHIEF.    
               {{ SMCRA 405, 507, 518, 522(a), 525(b); 30 CFR Part 843, Secs. 845.18, 845.19 }}
(A)  The division of [mines and reclamation] MINERAL RESOURCES MANAGEMENT shall administer, enforce,
and implement this chapter. The chief of the division of [mines and reclamation] MINERAL RESOURCES
MANAGEMENT shall do all of the following: 
     (1)  Adopt, amend, and rescind rules: 
          (a)  To administer and enforce this chapter; 
          (b)  To implement the requirements of this chapter for the reclamation of lands affected by coal
mining, including such rules governing mining practices and procedures, segregation and placement of soil and
topsoil, backfilling, grading, terracing, resoiling, soil conditioning and reconditioning, planting, establishment of
drainage patterns, construction of impoundments, and the construction, maintenance, and disposition of haul roads,
ditches, and dikes, as may be necessary or desirable, under varying conditions of slope, drainage, physical and
chemical characteristics of soil and overburden, erodability of materials, season, growth characteristics of plants, and
other factors affecting coal mining and reclamation, to facilitate the return of the land to a condition required by this
chapter; to prevent pollution or substantial diminution of waters of the state, substantial erosion, substantial
deposition of sediment, landslides, accumulation and discharge of acid water, and flooding, both during mining and
reclamation and thereafter; to restore the recharge capacity of the mined area to approximate premining conditions;
and to ensure full compliance with all requirements of this chapter relating to reclamation, and the attainment of
those objectives in the interest of the public health, safety, and welfare to which these reclamation requirements are
directed; 
          (c)  To meet the requirements of the "Surface Mining Control and Reclamation Act of 1977," 91
Stat. 445, 30 U.S.C. 1201. 
     (2)  Issue orders to enforce this chapter and rules adopted under it; 
     (3)  Adopt rules for the internal management of the division that do not affect private rights; 
     (4)  Adopt programs, rules, and procedures designed to assist the coal operator in this state with the
permitting process and complying with the environmental standards of this chapter. Upon request of the applicant for
a permit, the chief shall make a determination of the probable hydrologic consequences required in division
(B)(2)(k) of section 1513.07 of the Revised Code within sixty days after a permit has been submitted to the division
for those applications requesting the chief to perform the study. The chief shall perform the chemical analysis of test
borings or core samplings for operators who have a total annual production of coal at all locations that does not
exceed one hundred thousand tons. 
     (5)  Adopt programs, rules, and procedures designed to ensure that reclamation is performed on operations
for which the performance bond has been forfeited pursuant to section 1513.16 of the Revised Code; 
     (6)  Receive, administer, and expend moneys obtained from the United States department of the interior and
other federal agencies to implement the state's permanent coal regulatory program; 
     (7)
          (a)  Regulate the beneficial use of coal combustion byproducts at coal mining and reclamation
operations and abandoned mine lands that are regulated under this chapter and rules adopted under it. The beneficial
use of coal combustion byproducts at such coal mining and reclamation operations and abandoned mine lands is
subject to all applicable performance standards and requirements established under this chapter and rules adopted
under it, including, without limitation, standards and requirements established under section 1513.16 of the Revised
Code and rules adopted pursuant to it. 
                The beneficial use of coal combustion byproducts that is authorized at coal mining and
reclamation operations and abandoned mine lands that are regulated under this chapter and rules adopted under it is
not subject to the following provisions of Chapters 3734. and 6111. of the Revised Code and rules adopted under
those provisions: 
               (i)  Permit and license requirements for solid waste facilities established under sections
3734.02 and 3734.05 of the Revised Code; 
               (ii)  The prohibition against the open dumping of solid wastes established in section
3734.03 of the Revised Code; 
               (iii)  Solid waste generation and disposal fees established under sections 3734.57 to
3734.574 of the Revised Code; 
               (iv)  Permit to install and plan approval requirements established under sections 6111.03,
6111.44, and 6111.45 of the Revised Code. 
                      Nothing in division (A)(7) of this section shall be construed to limit any other
requirements that are applicable to the beneficial use of coal combustion byproducts and that are established under
Chapter 3704., 3714., 3734., or 6111. of the Revised Code or under local or federal laws, including, without
limitation, requirements governing air pollution control permits, hazardous waste, national pollutant discharge
elimination system permits, and section 401 water quality certifications. 
          (b)  As used in division (A)(7) of this section: 
               (i)  "COAL COMBUSTION BYPRODUCTS" means fly ash, bottom ash, coal slag, flue
gas desulphurization and fluidized bed combustion byproducts, air or water pollution control residues from the
operation of a coal-fired electric or steam generation facility, and any material from a clean coal technology
demonstration project or other innovative process at a coal-fired electric or steam generation facility. 
               (ii)  "BENEFICIAL USE" means the use of coal combustion byproducts in a manner that
is not equivalent to the establishment of a disposal system or a solid waste disposal facility and that is unlikely to
affect human health or safety or the environment adversely or to degrade the existing quality of the land, air, or
water. "Beneficial use" includes, without limitation, land application uses for agronomic value; land reclamation
uses; and discrete, controlled uses for structural fill, pavement aggregate, pipe bedding aggregate, mine sealing,
alternative drainage or capping material, and pilot demonstration projects. 
               (iii)  "STRUCTURAL FILL" means the discrete, controlled use of a coal combustion
byproduct as a substitute for a conventional aggregate, raw material, or soil under or immediately adjacent to a
building or structure. "Structural fill" does not include uses that involve general filling or grading operations or
valley fills. 
               (iv)  "PAVEMENT AGGREGATE" means the discrete, controlled use of a coal
combustion byproduct as a subbase material or drainage layer under or immediately adjacent to a paved road or a
paved parking lot where the coal combustion byproduct is a substitute for a conventional aggregate, raw material, or
soil. 
               (v)  "PIPE BEDDING AGGREGATE" means the discrete, controlled use of a coal
combustion byproduct as a substitute for a conventional aggregate, raw material, or soil under, around, or
immediately adjacent to a water, sewer, or other pipeline. 
               (vi)  "COAL-FIRED ELECTRIC OR STEAM GENERATION FACILITY" includes any
boiler that is fired with coal or with coal in combination with petroleum coke, oil, natural gas, or any other fossil
fuel. 
               (vii)  "SOLID WASTE DISPOSAL FACILITY" means a facility for the disposal of solid
wastes as provided in Chapter 3734. of the Revised Code and rules adopted under it. 
               (viii)  "DISPOSAL SYSTEM" has the same meaning as in section 6111.01 of the Revised
Code. 

(B)  The chief, by rule, may designate as unsuitable for coal mining natural areas maintained on the registry of
natural areas of the department of natural resources pursuant to Chapter 1517. of the Revised Code, wild, scenic, or
recreational river areas designated pursuant to that chapter, publicly owned or dedicated parks, and other areas of
unique and irreplaceable natural beauty or condition, or areas within specified distances of a public road, occupied
dwelling, public building, school, church, community, or institutional building, public park, or cemetery. Such a
designation may include land adjacent to the perimeters of those areas that may be necessary to protect their
integrity. 

(C)
     (1)  The adoption, amendment, and rescission of rules under divisions (A)(1) and (B) of this section are
subject to Chapter 119. of the Revised Code. 
     (2)  The issuance of orders under division (A)(2) of this section and appeals therefrom are not governed by
or subject to Chapter 119. of the Revised Code, but are governed by this chapter. 

(D)
     (1)  When the chief or an authorized representative of the chief determines that any condition or practice
exists or that any permittee is in violation of any requirement of this chapter or any permit condition required by this
chapter, which condition, practice, or violation creates an imminent danger to the health or safety of the public or is
causing, or can reasonably be expected to cause, significant, imminent environmental harm to land, air, or water
resources, the chief or the authorized representative immediately shall order the cessation of coal mining and
reclamation operations or the portion thereof relevant to the condition, practice, or violation. The cessation order
shall remain in effect until the chief or the authorized representative determines that the condition, practice, or
violation has been abated or until the order is modified, vacated, or terminated by the chief or the authorized
representative pursuant to division (D)(4) of this section or by the reclamation commission pursuant to section
1513.13 of the Revised Code. When the chief or the authorized representative finds that the ordered cessation of coal
mining and reclamation operations or any portion thereof will not completely abate the imminent danger to the health
or safety of the public or the significant, imminent environmental harm to land, air, or water resources, the chief or
the authorized representative, in addition to the cessation order, shall order the operator to take whatever steps the
chief or the authorized representative considers necessary to abate the imminent danger or the significant
environmental harm. 
     (2)  When the chief or an authorized representative of the chief determines that any person is in violation of
any requirement of this chapter or any permit condition required by this chapter, but the violation does not create an
imminent danger to the health or safety of the public or cannot reasonably be expected to cause significant, imminent
environmental harm to land, air, or water resources, the chief or the authorized representative shall issue a notice of
violation to the person or the person's agent fixing a reasonable time for the abatement of the violation, provided that
the time afforded a person to abate the violation shall not exceed the time limitations prescribed by the secretary of
the interior in 30 CFR Part 843 for an approvable state regulatory program under the "Surface Mining Control and
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 1201. 
           If, upon expiration of the period of time as originally fixed or subsequently extended for good cause
shown and upon the written finding of the chief or the authorized representative, the chief or the authorized
representative finds that the violation has not been abated, the chief or the authorized representative immediately
shall order the cessation of coal mining and reclamation operations or the portion thereof relevant to the violation.
The cessation order shall remain in effect until the chief or the authorized representative determines that the violation
has been abated or until the order is modified, vacated, or terminated by the chief or the authorized representative
pursuant to division (D)(4) of this section or by the reclamation commission pursuant to section 1513.13 of the
Revised Code. In a cessation order issued under division (D)(2) of this section, the chief or the authorized
representative shall prescribe the steps necessary to abate the violation in the most expeditious manner possible. 
     (3)  When in the judgment of the chief or an authorized representative of the chief a pattern of violations of
any requirements of this chapter or any permit conditions required by this chapter exists or has existed and the
violations are caused by the unwarranted failure of the permittee to comply with any requirements of this chapter or
any permit conditions or are willfully caused by the permittee, the chief or the authorized representative immediately
shall issue an order to the permittee to show cause why the permit should not be suspended or revoked. If a hearing
is requested, the chief shall inform all interested parties of the time and place of the hearing and conduct the hearing
pursuant to division (D) of section 1513.13 of the Revised Code. Upon the permittee's failure to show cause why the
permit should not be suspended or revoked, the chief or the authorized representative immediately shall suspend or
revoke the permit. 
     (4)  Notices of violation and orders issued pursuant to this section shall set forth with reasonable specificity
the nature of the violation and the remedial action required, the period of time established for abatement, and a
reasonable description of the portion of the coal mining and reclamation operation to which the notice or order
applies. Each notice or order issued under this section shall be given promptly to the alleged violator or the agent of
the alleged violator by the chief or an authorized representative of the chief who issues the notice or order. Notices
and orders shall be in writing and shall be signed by the chief or the authorized representative and may be modified,
vacated, or terminated by the chief or the authorized representative. Any notice or order issued pursuant to this
section that requires cessation of mining by the operator shall expire within thirty days after actual notice to the
operator unless a public hearing pursuant to section 1513.13 of the Revised Code is held at the site or within such
reasonable proximity to the site that any viewings of the site can be conducted during the course of the public
hearing. 

(E)  [The chief may appoint, under section 121.13 of the Revised Code, an advisory committee of experts in the
fields of hydrology, soil conservation, historic preservation, and related fields to provide advice on coal mining and
reclamation practices, the environmental impact of coal mining, the adoption of rules, the approval of plans, and the
issuance of permits under section 1513.07 of the Revised Code.] 

(F)  
     (1)  A person who violates a permit condition or any other provision of this chapter may be assessed a civil
penalty by the chief, except that if the violation leads to the issuance of a cessation order under division (D) of this
section, the civil penalty shall be assessed for each day until the person initiates the necessary corrective steps. The
penalty shall not exceed five thousand dollars for each violation. Each day of continuing violation may be deemed a
separate violation for purposes of penalty assessments. In determining the amount of the penalty, consideration shall
be given to the person's history of previous violation at the particular coal mining operation; the seriousness of the
violation, including any irreparable harm to the environment and any hazard to the health or safety of the public;
whether the person was negligent; and the demonstrated diligence of the person charged in attempting to achieve
rapid compliance after notification of the violation. 
     (2)  A civil penalty shall be assessed by the chief only after the person charged with a violation under
division [(F)](E)(1) of this section has been given an opportunity for a public hearing. If a person charged with such
a violation fails to avail [self] ONESELF of the opportunity for a public hearing, a civil penalty shall be assessed by
the chief after the chief has determined that a violation did occur, and the amount of the penalty that is warranted,
and has issued an order requiring that the penalty be paid. 
     (3)  Upon the issuance of a notice or order charging that a violation of this chapter has occurred, the chief
shall inform the operator within thirty days of the proposed amount of the penalty and provide opportunity for an
adjudicatory hearing pursuant to section 1513.13 of the Revised Code. The person charged with the penalty then
shall have thirty days to pay the proposed penalty in full or, if the person wishes to contest either the amount of the
penalty or the fact of the violation, file a petition for review of the proposed assessment with the secretary of the
reclamation commission pursuant to section 1513.13 of the Revised Code. If, after the hearing, the commission
affirms or modifies the proposed amount of the penalty, the person charged with the penalty then shall have thirty
days after receipt of the written decision to pay the amount in full or file an appeal with the court of appeals in
accordance with section 1513.14 of the Revised Code. At the time the petition for review of the proposed assessment
is filed with the secretary, the person shall forward the amount of the penalty to the secretary for placement in the
reclamation penalty fund, which is hereby created. The fund shall be in the custody of the treasurer of state, but shall
not be a part of the state treasury. Pursuant to administrative or judicial review of the penalty, the secretary, within
thirty days, shall remit the appropriate amount of the penalty to the person, with interest, if it is determined that no
violation occurred or that the amount of the penalty should be reduced, and the secretary shall forward the balance of
the penalty or, if the penalty was not reduced, the entire amount of the penalty, with interest, to the chief for deposit
in the coal mining administration and reclamation reserve fund created in section 1513.181 of the Revised Code.
Failure to forward the money to the secretary within thirty days after the chief informs the operator of the proposed
amount of the penalty shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.
Within fifteen days after being informed of the penalty, the person charged with the penalty may request in writing
an informal assessment conference to review the amount of the penalty. The conference shall be presided over by the
chief or an individual appointed by the chief other than the inspector that issued the notice of violation or order upon
which the penalty is based. The chief shall adopt rules governing procedures to be followed in informal conferences.
Time allowed for payment of the penalty or appeal to the commission shall be tolled while the penalty is being
reviewed in an informal conference. 
     (4)  An operator who fails to correct a violation for which a notice of violation or order has been issued
under division (D) of this section within the period permitted for its correction shall be assessed a civil penalty of not
less than seven hundred fifty dollars for each day during which the failure or violation continues. However, a civil
penalty shall not be assessed under division [(F)](E)(4) of this section if the commission orders the suspension of the
abatement requirement after determining, based upon the findings of an expedited hearing held under section
1513.13 of the Revised Code at the request of the operator, that the operator will suffer irreparable loss or damage
from the application of the abatement requirement or if the court orders suspension of the abatement requirement
pursuant to review proceedings held under section 1513.14 of the Revised Code at the request of the operator. 

(G)  The chief may enter into a cooperative agreement with the secretary of the interior to provide for state
regulation of coal mining and reclamation operations on federal lands within the state. 

(H)  The chief may prohibit augering if necessary to maximize the utilization, recoverability, or conservation of the
solid fuel resources or to protect against adverse water quality impacts. 

(I)  The chief shall transmit copies of all schedules submitted under section 1513.07 of the Revised Code pertaining
to violations of air or water quality laws and rules adopted and orders issued under those laws in connection with
coal mining operations to the director of environmental protection for verification. 

(J)  For the purposes of sections 1513.18, 1513.24, 1513.37, and 1514.06 of the Revised Code, the chief triennially
shall determine the average wage rate for companies performing reclamation work for the division under those
sections by averaging the wage rate paid by all companies performing such reclamation work during the three years
immediately preceding the determination. However, in making the initial determination under this division, the chief
shall average the wage rate paid by all companies performing such reclamation work during the ten years
immediately preceding October 29, 1995. 


ORC 1513.03         INSPECTORS.
The chief of the division of [mines and reclamation] MINERAL RESOURCES MANAGEMENT shall designate
certain employees of the division as [inspection officers of coal and surface mining operations] MINERAL
RESOURCES INSPECTORS for the purpose of enforcing the coal mining laws and the surface mining laws. Such
[inspection officers] INSPECTORS may enter upon and inspect any coal or surface mining operation at any time,
and upon entering the permit area the inspector shall notify the operator and shall furnish proper identification. After
the final maps have been approved, the inspector shall notify the nearest mine office of the operator and advise of the
inspection. They may serve and execute warrants and other processes of law issued in the enforcement of this chapter
and Chapter 1514. of the Revised Code and rules adopted thereunder. 

Such [inspection officers] INSPECTORS, while in the normal, lawful, and peaceful pursuit of their duties, may enter
upon, cross over, and remain upon privately owned lands for such purposes, and shall not be subject to arrest for
trespass while so engaged or for such cause thereafter. 

Before a person other than a person who was an inspector of coal or surface mining operations OR OIL AND GAS
OPERATIONS on [April 10, 1972] JULY 1, 1999, is eligible for appointment as [an inspection officer] A
MINERAL RESOURCES INSPECTOR, [he] THE PERSON shall pass an examination prepared and administered
by the department of administrative services and shall serve in a provisional status for a probationary period of [one
year] SIX MONTHS to the satisfaction of the chief. The chief may hire provisionally, pending the administration of
a civil service examination and establishment of a civil service eligibility list. A person serving in a provisional status
has the same authority as a permanently appointed [inspection officer] INSPECTOR. This section does not affect the
status of any person employed as an inspector of coal or surface mining operations OR OIL AND GAS
OPERATIONS prior to [April 10, 1972] JULY 1, 1999, if the person is a certified employee in the classified service
of the state.


ORC 1513.07         COAL MINING AND RECLAMATION PERMIT. 
               {{ SMCRA 404, 506(a), 507, 510, 525; 30 CFR 773.15, 777.17, 816.42, 817.42 }}
(A)
     (1)  No operator shall conduct a coal mining operation without a permit for the operation issued by the chief
of the division of [mines and reclamation. Any permit validly issued by the chief after February 3, 1978, in effect on
September 1, 1981, that would expire at any time before eight months after approval of the state reclamation
program by the secretary of the United States department of the interior pursuant to the "Surface Mining Control and
Reclamation Act of 1977," 91 Stat. 446, 20 U.S.C. 1201, shall remain in effect until eight months after approval of
the program. A permit so extended shall continue as a valid existing permit beyond the eight-month period if the
permittee, having filed an application for a new permit within two months after the date of approval of the state
program, has not received an initial administrative decision on the application] MINERAL RESOURCES
MANAGEMENT. 
     (2)  All permits issued pursuant to this chapter shall be issued for a term not to exceed five years, except
that, if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain
necessary financing for equipment and the opening of the operation and if the application is full and complete for the
specified longer term, the chief may grant a permit for the longer term. A successor in interest to a permittee who
applies for a new permit within thirty days after succeeding to the interest and who is able to obtain the bond
coverage of the original permittee may continue coal mining and reclamation operations according to the approved
mining and reclamation plan of the original permittee until the successor's application is granted or denied. 
     (3)  A permit shall terminate if the permittee has not commenced the coal mining operations covered by the
permit within three years after the issuance of the permit, except that the chief may grant reasonable extensions of the
time upon a showing that the extensions are necessary by reason of litigation precluding the commencement or
threatening substantial economic loss to the permittee or by reason of conditions beyond the control and without the
fault or negligence of the permittee, and except that with respect to coal to be mined for use in a synthetic fuel
facility or specified major electric generating facility, the permittee shall be deemed to have commenced coal mining
operations at the time construction of the synthetic fuel or generating facility is initiated. 
     (4)  
          (a)  Any permit issued pursuant to this chapter shall carry with it the right of successive renewal
upon expiration with respect to areas within the boundaries of the permit. The holders of the permit may apply for
renewal and the renewal shall be issued unless the chief determines by written findings, subsequent to fulfillment of
the public notice requirements of this section and section 1513.071 of the Revised Code through demonstrations by
opponents of renewal or otherwise, that one or more of the following circumstances exists: 
               (i)  The terms and conditions of the existing permit are not being satisfactorily met; 
               (ii)  The present coal mining and reclamation operation is not in compliance with the
environmental protection standards of this chapter; 
               (iii)  The renewal requested substantially jeopardizes the operator's continuing
responsibilities on existing permit areas;   
               (iv)  The applicant has not provided evidence that the performance bond in effect for the
operation will continue in effect for any renewal requested in the application; 
               (v)  Any additional, revised, or updated information required by the chief has not been
provided. Prior to the approval of any renewal of a permit, the chief shall provide notice to the appropriate public
authorities as prescribed by rule of the chief. 
          (b)  If an application for renewal of a valid permit includes a proposal to extend the mining
operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a
valid permit that addresses any new land areas shall be subject to the full standards applicable to new applications
under this chapter. 
          (c)  A permit renewal shall be for a term not to exceed the period of the original permit established
by this chapter. Application for permit renewal shall be made at least one hundred twenty days prior to the expiration
of the valid permit. 
     (5)   A permit issued pursuant to this chapter does not eliminate the requirements for obtaining a permit to
install or modify a disposal system or any part thereof or to discharge sewage, industrial waste, or other wastes into
the waters of the state in accordance with Chapter 6111. of the Revised Code. 

(B)
     (1)  Each application for a coal mining and reclamation permit or renewal of such a permit shall be
accompanied by a permit or renewal fee in an amount equal to the product of seventy-five dollars multiplied by the
number of acres, estimated in the application, that will comprise the area of land to be affected within the permit or
renewal period by the coal mining operation for which the permit or renewal is requested. 
     (2)  The permit application shall be submitted in a manner satisfactory to the chief and shall contain, among
other things, all of the following: 
          (a)  The names and addresses of all of the following: 
               (i)  The permit applicant; 
               (ii)  Every legal owner of record of the property, surface and mineral, to be mined; 
               (iii)  The holders of record of any leasehold interest in the property; 
               (iv)  Any purchaser of record of the property under a real estate contract; 
               (v)  The operator if different from the applicant; 
               (vi)  If any of these are business entities other than a single proprietor, the names and
addresses of the principals, officers, and statutory agent for service of process. 
          (b)  The names and addresses of the owners of record of all surface and subsurface areas adjacent
to any part of the permit area; 
          (c)  A statement of any current or previous coal mining permits in the United States held by the
applicant, the permit identification, and any pending applications; 
          (d)  If the applicant is a partnership, corporation, association, or other business entity, the
following where applicable: the names and addresses of every officer, partner, director, or person performing a
function similar to a director, of the applicant, the name and address of any person owning, of record, ten per cent or
more of any class of voting stock of the applicant, a list of all names under which the applicant, partner, or principal
shareholder previously operated a coal mining operation within the United States within the five-year period
preceding the date of submission of the application, and a list of the person or persons primarily responsible for
ensuring that the applicant complies with the requirements of this chapter and rules adopted pursuant thereto while
mining and reclaiming under the permit; 
          (e)  A statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or
under common control with the applicant, any partner if the applicant is a partnership, any officer, principal
shareholder, or director if the applicant is a corporation, or any other person who has a right to control or in fact
controls the management of the applicant or the selection of officers, directors, or managers of the applicant: 
               (i)  Has ever held a federal or state coal mining permit that in the five-year period prior to
the date of submission of the application has been suspended or revoked or has had a coal mining bond or similar
security deposited in lieu of bond forfeited and, if so, a brief explanation of the facts involved; 
               (ii)  Has been an officer, partner, director, principal shareholder, or person having the
right to control or has in fact controlled the management of or the selection of officers, directors, or managers of a
business entity that has had a coal mining or surface mining permit that in the five-year period prior to the date of
submission of the application has been suspended or revoked or has had a coal mining or surface mining bond or
similar security deposited in lieu of bond forfeited and, if so, a brief explanation of the facts involved. 
          (f)  A copy of the applicant's advertisement to be published in a newspaper of general circulation in
the locality of the proposed site at least once a week for four successive weeks, which shall include the ownership of
the proposed mine, a description of the exact location and boundaries of the proposed site sufficient to make the
proposed operation readily identifiable by local residents, and the location where the application is available for
public inspection; 
          (g)  A description of the type and method of coal mining operation that exists or is proposed, the
engineering techniques proposed or used, and the equipment used or proposed to be used; 
          (h)  The anticipated or actual starting and termination dates of each phase of the mining operation
and number of acres of land to be affected; 
          (i)  An accurate map or plan, to an appropriate scale, clearly showing the land to be affected and
the land upon which the applicant has the legal right to enter and commence coal mining operations, copies of those
documents upon which is based the applicant's legal right to enter and commence coal mining operations, and a
statement whether that right is the subject of pending litigation. This chapter does not authorize the chief to
adjudicate property title disputes. 
          (j)  The name of the watershed and location of the surface stream or tributary into which drainage
from the operation will be discharged; 
          (k)  A determination of the probable hydrologic consequences of the mining and reclamation
operations, both on and off the mine site, with respect to the hydrologic regime, providing information on the
quantity and quality of water in surface and ground water systems including the dissolved and suspended solids
under seasonal flow conditions and the collection of sufficient data for the mine site and surrounding areas so that an
assessment can be made by the chief of the probable cumulative impacts of all anticipated mining in the area upon
the hydrology of the area and particularly upon water availability, but this determination shall not be required until
hydrologic information of the general area prior to mining is made available from an appropriate federal or state
agency; however, the permit shall not be approved until the information is available and is incorporated into the
application; 
          (l)  When requested by the chief, the climatological factors that are peculiar to the locality of the
land to be affected, including the average seasonal precipitation, the average direction and velocity of prevailing
winds, and the seasonal temperature ranges; 
          (m)  Accurate maps prepared by or under the direction of and certified by a qualified registered
professional engineer, registered surveyor, or licensed landscape architect to an appropriate scale clearly showing all
types of information set forth on topographical maps of the United States geological survey of a scale of not more
than four hundred feet to the inch, including all [man-made] ARTIFICIAL features and significant known
archeological sites. The map, among other things specified by the chief, shall show all boundaries of the land to be
affected, the boundary lines and names of present owners of record of all surface areas abutting the permit area, and
the location of all buildings within one thousand feet of the permit area. 
          (n)  
               (i)  Cross-section maps or plans of the land to be affected including the actual area to be
mined, prepared by or under the direction of and certified by a qualified registered professional engineer or certified
professional geologist with assistance from experts in related fields such as hydrology, hydrogeology, geology, and
landscape architecture, showing pertinent elevations and locations of test borings or core samplings and depicting the
following information: the nature and depth of the various strata of overburden; the nature and thickness of any coal
or rider seam above the coal seam to be mined; the nature of the stratum immediately beneath the coal seam to be
mined; all mineral crop lines and the strike and dip of the coal to be mined within the area to be affected; existing or
previous coal mining limits; the location and extent of known workings of any underground mines, including mine
openings to the surface; the location of spoil, waste, or refuse areas and topsoil preservation areas; the location of all
impoundments for waste or erosion control; any settling or water treatment facility; constructed or natural drainways
and the location of any discharges to any surface body of water on the land to be affected or adjacent thereto;
profiles at appropriate cross sections of the anticipated final surface configuration that will be achieved pursuant to
the operator's proposed reclamation plan; the location of subsurface water, if encountered; the location and quality of
aquifers; and the estimated elevation of the water table. Registered surveyors shall be allowed to perform all plans,
maps, and certifications under this chapter as they are authorized under Chapter 4733. of the Revised Code. 
               (ii)  A statement of the quality and locations of subsurface water. The chief shall provide
by rule the number of locations to be sampled, frequency of collection, and parameters to be analyzed to obtain the
statement required. 
          (o)  A statement of the results of test borings or core samplings from the permit area, including
logs of the drill holes, the thickness of the coal seam found, an analysis of the chemical properties of the coal, the
sulfur content of any coal seam, chemical analysis of potentially acid or toxic forming sections of the overburden,
and chemical analysis of the stratum lying immediately underneath the coal to be mined, except that this division
may be waived by the chief with respect to the specific application by a written determination that its requirements
are unnecessary; 
          (p)  For those lands in the permit application [which] THAT a reconnaissance inspection suggests
may be prime farmlands, a soil survey shall be made or obtained according to standards established by the secretary
of the United States department of agriculture in order to confirm the exact location of the prime farmlands, if any; 
          (q)  A certificate issued by an insurance company authorized to do business in this state certifying
that the applicant has a public liability insurance policy in force for the coal mining and reclamation operations for
which the permit is sought or evidence that the applicant has satisfied other state self-insurance requirements. The
policy shall provide for personal injury and property damage protection in an amount adequate to compensate any
persons damaged as a result of coal mining and reclamation operations, including the use of explosives, and entitled
to compensation under the applicable provisions of state law. The policy shall be maintained in effect during the
term of the permit or any renewal, including the length of all reclamation operations. The insurance company shall
give prompt notice to the permittee and the chief if the public liability insurance policy lapses for any reason
including the nonpayment of insurance premiums. Upon the lapse of the policy, the chief may suspend the permit and
all other outstanding permits until proper insurance coverage is obtained. 
          (r)  The business telephone number of the applicant; 
          (s)  If the applicant seeks an authorization under division (E)(7) of this section to conduct coal
mining and reclamation operations on areas to be covered by the permit that were affected by coal mining operations
before August 3, 1977, that have resulted in continuing water pollution from or on the previously mined areas, such
additional information pertaining to those previously mined areas as may be required by the chief, including, without
limitation, maps, plans, cross sections, data necessary to determine existing water quality from or on those areas with
respect to pH, iron, and manganese, and a pollution abatement plan that may improve water quality from or on those
areas with respect to pH, iron, and manganese. 
     (3)  Information pertaining to coal seams, test borings, core samplings, or soil samples as required by this
section shall be made available by the chief to any person with an interest that is or may be adversely affected, except
that information that pertains only to the analysis of the chemical and physical properties of the coal, excluding
information regarding mineral or elemental content that is potentially toxic in the environment, shall be kept
confidential and not made a matter of public record. 
     (4) 
          (a)  If the chief finds that the probable total annual production at all locations of any operator will
not exceed three hundred thousand tons, the following activities, upon the written request of the operator in
connection with a permit application, shall be performed by a qualified public or private laboratory or another public
or private qualified entity designated by the chief, and the cost of the activities shall be assumed by the chief,
provided that sufficient moneys for such assistance are available: 
               (i)  The determination of probable hydrologic consequences required under division
(B)(2)(k) of this section; 
               (ii)  The development of cross-section maps and plans required under division
(B)(2)(n)(i) of this section; 
               (iii)  The geologic drilling and statement of results of test borings and core samplings
required under division (B)(2)(o) of this section; 
               (iv)  The collection of archaeological information required under division (B)(2)(m) of
this section and any other archaeological and historical information required by the chief, and the preparation of
plans necessitated thereby; 
               (v)   Pre-blast surveys required under division (E) of section 1513.161 of the Revised
Code; 
               (vi)  The collection of site-specific resource information and production of protection and
enhancement plans for fish and wildlife habitats and other environmental values required by the chief under this
chapter. 
          (b)  A coal operator that has received assistance under division (B)(4)(a) of this section shall
reimburse the chief for the cost of the services rendered if the chief finds that the operator's actual and attributed
annual production of coal for all locations exceeds three hundred thousand tons during the twelve months
immediately following the date on which the operator was issued a coal mining and reclamation permit. 
     (5)  Each applicant for a permit shall submit to the chief as part of the permit application a reclamation plan
that meets the requirements of this chapter. 
     (6)  Each applicant for a coal mining and reclamation permit shall file a copy of the application for a permit,
excluding that information pertaining to the coal seam itself, for public inspection with the county recorder or an
appropriate public office approved by the chief in the county where the mining is proposed to occur. 
     (7)  Each applicant for a coal mining and reclamation permit shall submit to the chief as part of the permit
application a blasting plan that describes the procedures and standards by which the operator will [meet the
provisions of] COMPLY WITH section 1513.161 of the Revised Code. 

(C)  Each reclamation plan submitted as part of a permit application shall include, in the detail necessary to
demonstrate that reclamation required by this chapter can be accomplished, a statement of: 
     (1)  The identification of the lands subject to coal mining operations over the estimated life of those
operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for
mining will be sought; 
     (2)  The condition of the land to be covered by the permit prior to any mining including all of the following: 
          (a)  The uses existing at the time of the application and, if the land has a history of previous
mining, the uses that preceded any mining; 
          (b)  The capability of the land prior to any mining to support a variety of uses, giving consideration
to soil and foundation characteristics, topography, and vegetative cover and, if applicable, a soil survey prepared
pursuant to division (B)(2)(p) of this section; 
          (c)  The productivity of the land prior to mining, including appropriate classification as prime
farmlands as well as the average yield of food, fiber, forage, or wood products obtained from the land under high
levels of management. 
     (3)  The use that is proposed to be made of the land following reclamation, including information regarding
the utility and capacity of the reclaimed land to support a variety of alternative uses, the relationship of the proposed
use to existing land use policies and plans, and the comments of any owner of the land and state and local
governments or agencies thereof that would have to initiate, implement, approve, or authorize the proposed use of
the land following reclamation; 
     (4)  A detailed description of how the proposed postmining land use is to be achieved and the necessary
support activities that may be needed to achieve the proposed land use; 
     (5)  The engineering techniques proposed to be used in mining and reclamation and a description of the
major equipment; a plan for the control of surface water drainage and of water accumulation; a plan, where
appropriate, for backfilling, soil stabilization, and compacting, grading, and appropriate revegetation; a plan for soil
reconstruction, replacement, and stabilization, pursuant to the performance standards in section 1513.16 of the
Revised Code, for those food, forage, and forest lands identified in that section; and an estimate of the cost per acre
of the reclamation, including a statement as to how the permittee plans to comply with each of the requirements set
out in section 1513.16 of the Revised Code; 
     (6)  A description of the means by which the utilization and conservation of the solid fuel resource being
recovered will be maximized so that reaffecting the land in the future can be minimized; 
     (7)  A detailed estimated timetable for the accomplishment of each major step in the reclamation plan; 
     (8)  A description of the degree to which the coal mining and reclamation operations are consistent with
surface owner plans and applicable state and local land use plans and programs; 
     (9)  The steps to be taken to comply with applicable air and water quality laws and regulations and any
applicable health and safety standards; 
     (10)  A description of the degree to which the reclamation plan is consistent with local physical,
environmental, and climatological conditions; 
     (11)  A description of all lands, interests in lands, or options on such interests held by the applicant or
pending bids on interests in lands by the applicant, which lands are contiguous to the area to be covered by the
permit; 
     (12)  The results of test borings that the applicant has made at the area to be covered by the permit, or other
equivalent information and data in a form satisfactory to the chief, including the location of subsurface water, and an
analysis of the chemical properties, including acid forming properties of the mineral and overburden; except that
information that pertains only to the analysis of the chemical and physical properties of the coal, excluding
information regarding mineral or elemental contents that are potentially toxic in the environment, shall be kept
confidential and not made a matter of public record; 
     (13)  A detailed description of the measures to be taken during the mining and reclamation process to
ensure the protection of all of the following: 
          (a)  The quality of surface and ground water systems, both on- and off-site, from adverse effects of
the mining and reclamation process; 
          (b)  The rights of present users to such water; 
          (c)  The quantity of surface and ground water systems, both on- and off-site, from adverse effects
of the mining and reclamation process or, where such protection of quantity cannot be assured, provision of
alternative sources of water. 
     (14)  Any other requirements the chief prescribes by rule. 

(D)
     (1)  Any information required by division (C) of this section that is not on public file pursuant to this
chapter shall be held in confidence by the chief. 
     (2)       With regard to requests for an exemption from the requirements of this chapter for coal extraction
incidental to the extraction of other minerals, as described in division (H)(1)(a) of section 1513.01 of the Revised
Code, confidential information includes and is limited to information concerning trade secrets or privileged
commercial or financial information relating to the competitive rights of the persons intending to conduct the
extraction of minerals. 

(E)  
     (1)  Upon the basis of a complete mining application and reclamation plan or a revision or renewal thereof,
as required by this chapter, and information obtained as a result of public notification and public hearing, if any, as
provided by section 1513.071 of the Revised Code, the chief shall grant, require modification of, or deny the
application for a permit in a reasonable time set by the chief and notify the applicant in writing. The applicant for a
permit or revision of a permit has the burden of establishing that the application is in compliance with all the
requirements of this chapter. Within ten days after the granting of a permit, the chief shall notify the boards of
township trustees and county commissioners, the mayor, and the legislative authority in the township, county, and
municipal corporation in which the area of land to be affected is located that a permit has been issued and shall
describe the location of the land. However, failure of the chief to notify the local officials shall not affect the status of
the permit. 
     (2)  No permit application or application for revision of an existing permit shall be approved unless the
application affirmatively demonstrates and the chief finds in writing on the basis of the information set forth in the
application or from information otherwise available, which [will] SHALL be documented in the approval and made
available to the applicant, all of the following: 
          (a)  The application is accurate and complete and [that] all the requirements of this chapter have
been complied with[;]. 
          (b)  The applicant has demonstrated that the reclamation required by this chapter can be
accomplished under the reclamation plan contained in the application[;]. 
          (c)  
               (i)  Assessment of the probable cumulative impact of all anticipated mining in the general
and adjacent area on the hydrologic balance specified in division (B)(2)(k) of this section has been made by the
chief, and the proposed operation has been designed to prevent material damage to hydrologic balance outside the
permit area[;]. 
               (ii)  There shall be an ongoing process conducted by the chief in cooperation with other
state and federal agencies to review all assessments of probable cumulative impact of coal mining in light of post-
mining data and any other hydrologic information as it becomes available to determine if the assessments were
realistic. The chief shall take appropriate action as indicated in the review process. 
          (d)  The area proposed to be mined is not included within an area designated unsuitable for coal
mining pursuant to section 1513.073 of the Revised Code or is not within an area under study for such designation in
an administrative proceeding commenced pursuant to division (A)(3)(c) or (B) of section 1513.073 of the Revised
Code unless in an area as to which an administrative proceeding has commenced pursuant to division (A)(3)(c) or
(B) of section 1513.073 of the Revised Code, the operator making the permit application demonstrates that, prior to
January 1, 1977, the operator made substantial legal and financial commitments in relation to the operation for which
a permit is sought[;]. 
          (e)  In cases where the private mineral estate has been severed from the private surface estate, the
applicant has submitted to the chief one of the following: 
               (i)  The written consent of the surface owner to the extraction of coal by strip mining
methods; 
               (ii)  A conveyance that expressly grants or reserves the right to extract the coal by strip
mining methods; 
               (iii)  If the conveyance does not expressly grant the right to extract coal by strip mining
methods, the surface-subsurface legal relationship shall be determined under the law of this state. This chapter does
not authorize the chief to adjudicate property rights disputes. 
     (3)
          (a)  The applicant shall file with the permit application a schedule listing all notices of violations of
any law, rule, or regulation of the United States or of any department or agency thereof or of any state pertaining to
air or water environmental protection incurred by the applicant in connection with any coal mining operation during
the three-year period prior to the date of application. The schedule also shall indicate the final resolution of such a
notice of violation. Upon receipt of an application, the chief shall provide a schedule listing all notices of violations
of this chapter pertaining to air or water environmental protection incurred by the applicant during the three-year
period prior to receipt of the application and the final resolution of all such notices of violation. The chief shall
provide this schedule to the applicant for filing by the applicant with the application filed for public review, as
required by division (B)(6) of this section. When the schedule or other information available to the chief indicates
that any coal mining operation owned or controlled by the applicant is currently in violation of such laws, the permit
shall not be issued until the applicant submits proof that the violation has been corrected or is in the process of being
corrected to the satisfaction of the regulatory authority, department, or agency that has jurisdiction over the violation
and that any civil penalties owed to the state for a violation and not the subject of an appeal have been paid. No
permit shall be issued to an applicant after a finding by the chief that the applicant or the operator specified in the
application controls or has controlled mining operations with a demonstrated pattern of willful violations of this
chapter of a nature and duration to result in irreparable damage to the environment as to indicate an intent not to
comply with or a disregard of this chapter. 
          (b)  [Until October 1, 2004, for] FOR the purposes of division (E)(3)(a) of this section, any
violation resulting from an unanticipated event or condition at a surface coal mining operation on lands eligible for
remining under a permit held by the person submitting an application for a coal mining permit under this section
shall not prevent issuance of that permit. As used in this division, "unanticipated event or condition" means an event
or condition encountered in a remining operation that was not contemplated by the applicable surface coal mining
and reclamation permit. 
     (4)  
          (a)  In addition to finding the application in compliance with division (E)(2) of this section, if the
area proposed to be mined contains prime farmland as determined pursuant to division (B)(2)(p) of this section, the
chief, after consultation with the secretary of the United States department of agriculture and pursuant to regulations
issued by the secretary of the interior with the concurrence of the secretary of agriculture, may grant a permit to mine
on prime farmland if the chief finds in writing that the operator has the technological capability to restore the mined
area, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding
area under equivalent levels of management and can meet the soil reconstruction standards in section 1513.16 of the
Revised Code. 
          (b)  Division (E)(4)(a) of this section does not apply to a permit issued prior to August 3, 1977, or
revisions or renewals thereof. 
     (5)  The chief shall issue an order denying a permit after finding that the applicant has misrepresented or
omitted any material fact in the application for the permit. 
     (6)  The chief may issue an order denying a permit after finding that the applicant, any partner, if the
applicant is a partnership, any officer, principal shareholder, or director, if the applicant is a corporation, or any other
person who has a right to control or in fact controls the management of the applicant or the selection of officers,
directors, or managers of the applicant has been a sole proprietor or partner, officer, director, principal shareholder,
or person having the right to control or has in fact controlled the management of or the selection of officers,
directors, or managers of a business entity that ever has had a coal mining license or permit issued by this or any
other state or the United States suspended or revoked, ever has forfeited a coal or surface mining bond or security
deposited in lieu of bond in this or any other state or with the United States, or ever has substantially or materially
failed to comply with this chapter. 
     (7)  When issuing a permit under this section, the chief may authorize an applicant to conduct coal mining
and reclamation operations on areas to be covered by the permit that were affected by coal mining operations before
August 3, 1977, that have resulted in continuing water pollution from or on the previously mined areas for the
purpose of potentially reducing the pollution loadings of pH, iron, and manganese from discharges from or on the
previously mined areas. Following the chief's authorization to conduct such operations on those areas, the areas shall
be designated as pollution abatement areas for the purposes of this chapter. 
                     The chief shall not grant an authorization under division (E)(7) of this section to conduct coal mining
and reclamation operations on any such previously mined areas unless the applicant demonstrates to the chief's
satisfaction that all of the following conditions are met: 
          (a)  The applicant's pollution abatement plan for mining and reclaiming the previously mined areas
represents the best available technology economically achievable; 
          (b)  Implementation of the plan will potentially reduce pollutant loadings of pH, iron, and
manganese resulting from discharges of surface waters or ground water from or on the previously mined areas within
the permit area; 
          (c)  Implementation of the plan will not cause any additional degradation of surface water quality
off the permit area with respect to pH, iron, and manganese; 
          (d)  Implementation of the plan will not cause any additional degradation of ground water; 
          (e)  The plan meets the requirements governing mining and reclamation of such previously mined
pollution abatement areas established by the chief in rules adopted under section 1513.02 of the Revised Code; 
          (f)  Neither the applicant; any partner, if the applicant is a partnership; any officer, principal
shareholder, or director, if the applicant is a corporation; any other person who has a right to control or in fact
controls the management of the applicant or the selection of officers, directors, or managers of the applicant; nor any
contractor or subcontractor of the applicant, has any of the following: 
               (i)  Responsibility or liability under this chapter or rules adopted under it as an operator
for treating the discharges of water pollutants from or on the previously mined areas for which the authorization is
sought; 
               (ii)  Any responsibility or liability under this chapter or rules adopted under it for
reclaiming the previously mined areas for which the authorization is sought; 
               (iii)  During the eighteen months prior to submitting the permit application requesting an
authorization under division (E)(7) of this section, had a coal mining and reclamation permit suspended or revoked
under division (D)(3) of section 1513.02 of the Revised Code for violating this chapter or Chapter 6111. of the
Revised Code or rules adopted under them with respect to water quality, effluent limitations, or surface or ground
water monitoring; 
               (iv)  Ever forfeited a coal or surface mining bond or security deposited in lieu of a bond
in this or any other state or with the United States. 

(F)
     (1)  During the term of the permit, the permittee may submit an application for a revision of the permit,
together with a revised reclamation plan, to the chief. 
     (2)  An application for a revision of a permit shall not be approved unless the chief finds that reclamation
required by this chapter can be accomplished under the revised reclamation plan. The revision shall be approved or
disapproved within ninety days after receipt of a complete revision application. The chief shall establish, by rule,
criteria for determining the extent to which all permit application information requirements and procedures,
including notice and hearings, shall apply to the revision request, except that any revisions that propose significant
alterations in the reclamation plan, at a minimum, shall be subject to notice and hearing requirements. 
     (3)  Any extensions to the area covered by the permit except incidental boundary revisions shall be made by
application for a permit. 

(G)  No transfer, assignment, or sale of the rights granted under a permit issued pursuant to this chapter shall be
made without the written approval of the chief. 

(H)  The chief, within a time limit prescribed in the chief's rules, shall review outstanding permits and may require
reasonable revision or modification of a permit. A revision or modification shall be based upon a written finding and
subject to notice and hearing requirements established by rule of the chief. 

(I)  
     (1)  If an informal conference has been held pursuant to section 1513.071 of the Revised Code, the chief
shall issue and furnish the applicant for a permit, persons who participated in the informal conference, and persons
who filed written objections pursuant to division (B) of section 1513.071 of the Revised Code, with the written
finding of the chief granting or denying the permit in whole or in part and stating the reasons therefor within sixty
days of the conference. 
     (2)  If there has been no informal conference held pursuant to section 1513.071 of the Revised Code, the
chief shall notify the applicant for a permit within a reasonable time as provided by rule of the chief, taking into
account the time needed for proper investigation of the site, the complexity of the permit application, whether or not
a written objection to the application has been filed, and whether the application has been approved or disapproved
in whole or in part. 
     (3)  If the application is approved, the permit shall be issued. If the application is disapproved, specific
reasons therefor shall be set forth in the notification. Within thirty days after the applicant is notified of the final
decision of the chief on the permit application, the applicant or any person with an interest that is or may be
adversely affected may appeal the decision to the reclamation commission pursuant to section 1513.13 of the
Revised Code.  
     (4)  Any applicant or any person with an interest that is or may be adversely affected who has participated
in the administrative proceedings as an objector and is aggrieved by the decision of the reclamation commission, or
if the commission fails to act within the time limits specified in this chapter, may appeal in accordance with section
1513.14 of the Revised Code.


ORC 1513.072        EXPLORATION RULES; LIMITATION ON REMOVAL.       {{ SMCRA 512(c) }}
(A)  Coal exploration operations that substantially disturb the natural land surface shall be conducted in accordance
with exploration rules adopted by the chief of the division of [mines and reclamation] MINERAL RESOURCES
MANAGEMENT. The rules shall include, at a minimum: 
     (1)  The requirement that prior to conducting any exploration under this section, any person shall file with
the chief notice of intention to explore, which shall include a description of the exploration area and period of
proposed exploration; 
     (2)  Provisions for reclamation in accordance with the performance standards in section 1513.16 of the
Revised Code of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of
necessary facilities and equipment. 

(B)  Information submitted to the chief pursuant to this section as confidential concerning trade secrets or privileged
commercial or financial information that relates to the competitive rights of the person or entity intending to explore
the described area shall not be available for public examination. 

(C)  A person who conducts any coal exploration activities that substantially disturb the natural land surface in
violation of this section or rules [issued] ADOPTED pursuant thereto is subject to division [(F)](E) of section
1513.02 of the Revised Code. 

(D)  No person shall remove more than two hundred fifty tons of coal pursuant to an exploration permit without the
specific written approval of the chief. 


ORC 1513.073        DESIGNATION OF AREA AS UNSUITABLE FOR COAL MINING
                    OPERATIONS.                        {{ SMCRA 522(a) }}
(A)
     (1)  Upon petition pursuant to division (B) of this section, the chief of the division of [mines and
reclamation] MINERAL RESOURCES MANAGEMENT shall designate an area as unsuitable for all or certain
types of coal mining operations if the chief determines that reclamation pursuant to the requirements of this chapter
is not technologically and economically feasible. 
     (2)  Upon petition pursuant to division (B) of this section, a surface area may be designated unsuitable for
all or certain types of coal mining operations if the operations will: 
          (a)  Be incompatible with existing state or local land use plans or programs; 
          (b)  Affect fragile or historic lands in which the operations could result in significant damage to
important historic, cultural, scientific, and esthetic values and natural systems; 
          (c)  Affect renewable resource lands in which the operations could result in a substantial loss or
reduction of long-range productivity of water supply or of food or fiber products, or aquifers and aquifer recharge
areas; 
          (d)  Affect natural hazard lands in which the operations could substantially endanger life and
property, such lands to include areas subject to frequent flooding and areas of unstable geology. 
     (3)  The chief shall develop the following: 
          (a)  A data base and an inventory system that will permit proper evaluation of the capacity of
different land areas of the state to support and permit reclamation of coal mining operations; 
          (b)  A method or methods for implementing land use planning decisions concerning coal mining
operations; 
          (c)  Procedures for proper notice and opportunities for public participation, including a public
meeting prior to making any designation or redesignation, pursuant to this section. 
     (4)  Determinations of the unsuitablity of land for coal mining, as provided for in this section, shall be
integrated as closely as possible with present and future land use planning and regulation processes at the federal,
state, and local levels. 
     (5)  The requirements of this section [shall] DO not apply to lands on which coal mining operations were
being conducted on August 3, 1977, or under a permit issued pursuant to [Chapter 1513. of the Revised Code] THIS
CHAPTER, or where substantial legal and financial commitments in the operation were in existence prior to January
4, 1977. 

(B)  A person having an interest that is or may be adversely affected may petition the chief to have an area
designated as unsuitable for coal mining operations or to have such a designation terminated. The petition shall
contain allegations of facts with supporting evidence that would tend to establish the allegations. The chief shall hold
a public meeting in the locality of the affected area, after appropriate notice and publication of the date, time, and
location of the meeting within ninety days after receipt of the petition, provided THAT the chief may extend the time
for holding the meeting an additional two hundred ten days when, in [his] THE CHIEF'S judgment, such additional
time is needed for adequate review of the petition. Any person may appear at the meeting and present a statement or
evidence regarding the petition. Within sixty days after the meeting, the chief shall issue and furnish to the petitioner
and any other participant at the meeting a written decision regarding the petition, and the reasons therefor. 

(C)  Prior to designating any land areas as unsuitable for coal mining operations or terminating previous
determinations of unsuitability, the chief shall prepare a detailed statement on: 
     (1)  The potential coal resources of the area; 
     (2)  The demand for coal resources; 
     (3)  The impact of the designation on the environment, the economy, and the supply of coal. 

(D)  After August 3, 1977, and subject to valid existing rights, no coal mining operations except those that existed on
August 3, 1977, shall be permitted: 
     (1)  On any lands within the boundaries of units of the national park system, the national wildlife refuge
systems, the national system of trails, the national wilderness preservation system, the wild and scenic rivers system,
including study rivers designated under section 5(a) of the "Wild and Scenic Rivers Act," 82 Stat. 906 (1968), 16
U.S.C.A. 1274, and national recreation areas designated by act of congress; 
     (2)  On any federal lands within the boundaries of any national forest unless approval is granted by the
secretary of the United States department of the interior; 
     (3)  That will adversely affect any publicly owned park or any places included in the national register of
historic sites unless approved jointly by the chief and the federal, state, or local agency with jurisdiction over the
park or the historic site; 
     (4)  Within one hundred feet of the outside right-of-way line of any public road, except where mine access
roads or haulage roads join such right-of-way line and except that the chief may permit the roads to be relocated or
the area affected to lie within one hundred feet of such road if after public notice and opportunity for public meeting
in the locality of the affected area a written finding is made that the interests of the public and the landowners
affected thereby will be protected; 
     (5)  Within three hundred feet from any occupied dwelling, unless waived by the owner thereof, nor within
three hundred feet of any public building, school, church, community, or institutional building, OR public park, nor
within one hundred feet of a cemetery. 


ORC 1513.08         PERFORMANCE BOND OR DEPOSIT OF CASH OR SECURITIES.
               {{ SMCRA 509; 30 CFR Part 800 }}

(A)  After a coal mining and reclamation permit application has been approved, but before the permit is issued, the
applicant shall file with the chief of the division of [mines and reclamation] MINERAL RESOURCES
MANAGEMENT, on a form prescribed and furnished by the chief, a bond for performance payable, as appropriate,
to the state and conditioned upon faithful performance of all the requirements of this chapter and the permit. The
bond shall be in the amount of twenty-five hundred dollars times the number of acres of land upon which the
operator states in [his] THE application for a permit [he] THE OPERATOR will initiate and conduct coal mining
and reclamation operations within the initial term of the permit. The minimum amount of a bond shall be ten
thousand dollars. The bond shall cover areas of land affected by mining within or immediately adjacent to the
permitted area, so long as the total number of acres does not exceed the number of acres bonded. However, the
authority for bond to cover areas of land immediately adjacent to the permitted area does not authorize a permittee to
mine areas outside an approved permit area. As succeeding increments of coal mining and reclamation operations are
to be initiated and conducted within the permit area, the permittee shall file with the chief an additional bond or
bonds to cover the increments in accordance with this section. In the event of forfeiture of a bond, if the bond is
insufficient to complete the reclamation, the chief shall complete the reclamation in accordance with section 1513.18
of the Revised Code using funds from the reclamation [supplemental] forfeiture fund created in that section. 

(B)  Liability under the bond shall be for the duration of the coal mining and reclamation operation and for a period
coincident with the operator's responsibility for revegetation requirements under section 1513.16 of the Revised
Code. The bond shall be executed by the operator and a corporate surety licensed to do business in this state, except
that the operator may elect to deposit cash, negotiable bonds of the United States or this state, or negotiable
certificates of deposit of any bank or savings and loan association organized or transacting business in the United
States. The cash deposit or market value of the securities shall be equal to or greater than the amount of the bond
required for the bonded area. 

(C)  The chief may accept the bond of the applicant itself without separate surety when the applicant demonstrates to
the satisfaction of the chief the existence of a suitable agent to receive service of process and a history of financial
solvency and continuous operation sufficient for authorization to self-insure or bond the amount. 

(D)  Cash or securities so deposited shall be deposited upon the same terms as the terms upon which surety bonds
may be deposited. The securities shall be security for the repayment of the negotiable certificate of deposit. 

(E)  The amount of the bond or deposit required and the terms of each acceptance of the applicant's bond shall be
adjusted by the chief from time to time as affected land acreages are increased or decreased. 


ORC 1513.09         INSPECTIONS; MONITORING POWERS OF CHIEF.
(A)  The chief of the division of [mines and reclamation] MINERAL RESOURCES MANAGEMENT shall cause to
be made such inspections of any coal mining and reclamation operations as [he] THE CHIEF considers necessary.
The chief and [his] authorized representatives [shall] OF THE CHIEF have a right of entry to, upon, or through any
area of land upon which coal mining and reclamation operations are being conducted or upon which the chief or [his]
authorized representative has reason to believe such operations are being conducted for the purpose of performing
such inspections. 

(B)  For the purpose of administration and enforcement of any requirement of this chapter or in the administration
and enforcement of any permit under this chapter or of determining whether any person is in violation of any
requirement of this chapter: 
     (1)  The chief shall require any permittee or operator to: 
          (a)  Establish and maintain appropriate records; 
          (b)  Make monthly reports to the chief; 
          (c)  Install, use, and maintain any necessary monitoring equipment or methods; 
          (d)  Evaluate results in accordance with such methods, at such locations, intervals, and in such
manner as the chief shall prescribe; 
          (e)  Provide such other information relative to coal mining and reclamation operations as the chief
considers reasonable and necessary. 
     (2)  For those coal mining and reclamation operations that remove or disturb strata that serve as aquifers
that significantly ensure the hydrologic balance of water use either on or off the mining site, the chief shall specify
those: 
          (a)  Monitoring sites to record the quantity and quality of surface drainage above and below the
minesite, as well as in the potential zone of influence; 
          (b)  Monitoring sites to record level, amount, and samples of ground water and aquifers potentially
affected by the mining, including aquifers directly below the lower-most, deepest, coal seam to be mined; 
          (c)  Records of well logs and borehole data to be maintained; 
          (d)  Monitoring sites to record precipitation. 
                The monitoring and data collection and analysis required by this section shall be conducted
according to standards and procedures set forth, by rule, by the chief in order to assure their reliability and validity. 
     (3)  The authorized representatives of the chief, without advance notice and upon presentation of
appropriate credentials: 
          (a)  May enter into, upon, or through any coal mining and reclamation operations, any premises
upon which the authorized representatives have a reasonable belief that such operations are being conducted, or any
premises in which any records required to be maintained under division (B)(1) of this section are located; 
          (b)  May, during office hours, have access to and copy any records and at reasonable times,
without delay, any monitoring equipment or method of operation required under this chapter. 

(C)  The inspections by the chief or [his] AN authorized representative OF THE CHIEF shall: 
     (1)  Occur on an irregular basis averaging not less than one partial inspection per month and one complete
inspection per calendar quarter for the coal mining and reclamation operation covered by each permit; 
     (2)  Occur without prior notice to the permittee or [his] THE PERMITTEE'S agents or employees, except
for necessary onsite meetings with the permittee; 
     (3)  Include the filing of inspection records adequate to enforce the requirements of and to carry out the
terms and purposes of this chapter. 

(D)  Each permittee shall conspicuously maintain at the entrances to the coal mining and reclamation operations a
clearly visible sign that sets forth the name, business address, and phone number of the permittee and the permit
number of the coal mining and reclamation operations. 

(E)  Each [inspection officer] MINERAL RESOURCES INSPECTOR, upon detection of each violation of any
requirement of [Chapter 1513. of the Revised Code] THIS CHAPTER, shall immediately inform the operator in
writing and shall report in writing any such violation to the chief. 

(F)  Copies of any records, reports, inspection material, or information obtained under this chapter by the chief shall
be made available immediately to the public at central and sufficient locations in the county, multi-county, and state
area of mining so that they are conveniently available to residents in the areas of mining. 

(G)
     (1)  A person who is or may be adversely affected by a coal mining operation may notify the chief or any
representative of the chief responsible for conducting the inspection, in writing, of any violation of this chapter that
[he] THE PERSON has reason to believe exists at the mining site. The chief shall, by rule, establish procedures for
informal review of any refusal by [his] AN authorized representative to issue a notice of violation or order with
respect to any such alleged violation. The chief shall furnish the persons requesting the review a written statement of
the reasons for the chief's final disposition of the matter. 
     (2)  The chief shall also, by rule, establish procedures to ensure that adequate and complete inspections are
made. Any person who is aggrieved or adversely affected may notify the chief of any failure to make such
inspections, after which the chief shall determine whether adequate and complete inspections have been made. The
chief shall furnish such persons a written statement of the reasons for the chief's determination that adequate and
complete inspections have or have not been conducted. 


ORC 1513.11         ORDERS OF CHIEF OR REPRESENTATIVE.
Every order of the chief of the division of [mines and reclamation] MINERAL RESOURCES MANAGEMENT or
[his] AN authorized representative OF THE CHIEF affecting the rights, duties, or privileges of an operator or [his]
THE OPERATOR'S surety or of an applicant for a license or permit shall be in writing and contain a finding of the
facts upon which the order is based. Notice of the order shall be given by certified mail or personal service to the
person whose rights, duties, or privileges are affected. 


ORC 1513.13         APPEAL OF NOTICE OF VIOLATION, ORDER OR DECISION TO
                    RECLAMATION COMMISSION   
               {{ SMCRA 514, 520, 525, 526; 43 CFR 4.1294 }}
(A)
     (1)  A PERSON HAVING AN INTEREST THAT IS OR MAY BE ADVERSELY AFFECTED BY A
FINDING OR DETERMINATION OF THE CHIEF OF THE DIVISION OF MINES AND RECLAMATION
MADE UNDER SECTION 1509.08, 1561.35, 1561.351, 1563.13, OR 6111.044 OF THE REVISED CODE OR
AN INVESTIGATION MADE BY THE CHIEF UNDER SECTION 1561.51 OF THE REVISED CODE MAY
APPEAL TO THE MINE EXAMINING BOARD IN ACCORDANCE WITH THOSE SECTIONS. Any OTHER
person having an interest that is or may be adversely affected by a notice of violation, order, or decision of the chief
[of the division of mines and reclamation], [except] OTHER THAN a show cause order or an order that adopts a
rule, or by any modification, vacation, or termination of such a notice, order, or decision, may appeal by filing a
notice of appeal with the reclamation commission for review of the notice, order, or decision within thirty days after
the notice, order, or decision is served upon the person or within thirty days after its modification, vacation, or
termination and by filing a copy of the notice of appeal with the chief within three days after filing the notice of
appeal with the commission. The notice of appeal shall contain a copy of the notice of violation, order, or decision
complained of and the grounds upon which the appeal is based. The commission has exclusive original jurisdiction
to hear and decide such appeals. The filing of a notice of appeal under [this] division (A)(1) OF THIS SECTION
does not operate as a stay of any order, notice of violation, or decision of the chief. 
     (2)  The permittee, the chief, and other interested persons shall be given written notice of the time and place
of the hearing at least five days prior thereto. The hearing shall be of record. 
     (3)  Any person authorized under this section to appeal to the commission may request an informal review
by the chief or the chief's designee by filing a written request with the chief within thirty days after a notice, order,
decision, modification, vacation, or termination is served upon the person. Filing of the written request shall toll the
time for appeal before the commission, but shall not operate as a stay of any order, notice of violation, or decision of
the chief. The chief's determination of an informal review is appealable to the commission under this section. 

(B)  The commission shall affirm the notice of violation, order, or decision of the chief unless the commission
determines that it is arbitrary, capricious, or otherwise inconsistent with law; in that case the commission may modify
the notice of violation, order, or decision or vacate it and remand it to the chief for [such] further proceedings [as]
THAT the commission may direct. 
           The commission shall conduct hearings and render decisions in a timely fashion, except that ALL OF
THE FOLLOWING APPLY: 
     (1)  When the appeal concerns an order for the cessation of coal mining and reclamation operations issued
pursuant to division (D)(1) or (2) of section 1513.02 of the Revised Code, the commission shall issue its written
decision within thirty days after the receipt of the appeal unless temporary relief has been granted by the chairperson
pursuant to division (C) of this section; 
     (2)  When the appeal concerns an application for a permit under division (I) of section 1513.07 of the
Revised Code, the commission shall hold a hearing within thirty days after receipt of the notice of appeal and issue
its decision within thirty days after the hearing; 
     (3)  When the appeal concerns a decision of the chief regarding release of bond under division (F) of
section 1513.16 of the Revised Code, the commission shall hold a hearing within thirty days after receipt of the
notice of appeal and issue its decision within sixty days after the hearing. 

(C)  The chairperson of the commission, under conditions the chairperson prescribes, may grant temporary relief the
chairperson considers appropriate pending final determination of an appeal if all of the following conditions are met: 
     (1)  All parties to the appeal have been notified and given an opportunity for a hearing to be held in the
locality of the subject site on the request for temporary relief and the opportunity to be heard on the request; 
     (2)  The person requesting relief shows that there is a substantial likelihood that the person will prevail on
the merits; 
     (3)  The relief will not adversely affect public health or safety or cause significant imminent environmental
harm to land, air, or water resources. 
           The chairperson shall issue a decision expeditiously, except that when the applicant requests relief from
an order for the cessation of coal mining and reclamation operations issued pursuant to division (D)(1) or (2) of
section 1513.02 of the Revised Code, the decision shall be issued within five days after its receipt. 
           Any party to an appeal filed with the commission who is aggrieved or adversely affected by a decision
of the chairperson to grant or deny temporary relief under this section may appeal that decision to the commission.
The commission may confine its review to the record developed at the hearing before the chairperson. 
           The appeal shall be filed with the commission within thirty days after the chairperson issues the decision
on the request for temporary relief. The commission shall issue a decision as expeditiously as possible, except that
when the appellant requests relief from an order for the cessation of coal mining and reclamation operations issued
pursuant to division (D)(1) or (2) of section 1513.02 of the Revised Code, the decision of the commission shall be
issued within five days after receipt of the notice of appeal. 
           The commission shall affirm the decision of the chairperson granting or denying temporary relief unless
it determines that the decision is arbitrary, capricious, or otherwise inconsistent with law. 

(D)  Following the issuance of an order to show cause as to why a permit should not be suspended or revoked
pursuant to division (D)(3) of section 1513.02 of the Revised Code, the chief or a representative of the chief shall
hold a public adjudicatory hearing after giving written notice of the time, place, and date thereof. The hearing shall
be of record. 
       Within sixty days following the public hearing, the chief shall issue and furnish to the permittee and all other
parties to the hearing a written decision, and the reasons therefor, concerning suspension or revocation of the permit.
If the chief revokes the permit, the permittee immediately shall cease coal mining operations on the permit area and
shall complete reclamation within a period specified by the chief, or the chief shall declare as forfeited the
performance bonds for the operation. 

(E)
     (1)  Whenever an enforcement order or permit decision is appealed under this section or any action is filed
under division (B) of section 1513.15 or 1513.39 of the Revised Code, at the request of a prevailing party, a sum
equal to the aggregate amount of all costs and expenses, including attorney's fees, as determined to have been
necessary and reasonably incurred by the prevailing party for or in connection with participation in the enforcement
proceedings before the commission, the court under section 1513.15 of the Revised Code, or the chief under section
1513.39 of the Revised Code, may be awarded, as considered proper, in accordance with divisions (E)(1)(a) to (c) of
this section. In no event shall attorney's fees awarded under this section exceed, for the kind and quality of services,
the prevailing market rates at the time the services were furnished under division (A) of this section. A party may be
entitled to costs and expenses related solely to the preparation, defense, and appeal of a petition for costs and
expenses, provided the costs and expenses are limited and proportionate to costs and expenses otherwise allowed
under division (E) of this section. 
          (a)  A party, other than the permittee or the division of mines and reclamation, shall file a petition,
if any, for an award of costs and expenses, including attorney's fees, with the chief, who shall review the petition. If
the chief finds that the party, other than the permittee or the division [of mines and reclamation], prevailed in whole
or in part, made a substantial contribution to a full and fair determination of the issues, and made a contribution
separate and distinct from the contribution made by any other party, the chief may award to that party the party's
costs and expenses, including attorney's fees that were necessary and reasonably incurred by the party for, or in
connection with, participation in the proceeding before the commission. 
          (b)  If a permittee who made a request under [this] division (E)(1) OF THIS SECTION
demonstrates that a party other than a permittee who initiated an appeal under this section or participated in such an
appeal initiated or participated in the appeal in bad faith and for the purpose of harassing or embarrassing the
permittee, the permittee may file a petition with the chief. The chief may award to the permittee the costs and
expenses reasonably incurred by the permittee in connection with participation in the appeal and assess those costs
and expenses against the party who initiated the appeal. 
          (c)  The division [of mines and reclamation] may file, with the commission, a request for an award
to the division of the costs and expenses reasonably incurred by the division in connection with an appeal initiated
under this section. The commission may assess those costs and expenses against the party who initiated the appeal if
the division demonstrates that the party initiated or participated in the appeal in bad faith and for the purpose of
harassing or embarrassing the division. 
     (2)  Whenever an order issued under this section or as a result of any administrative proceeding under this
chapter is the subject of judicial review, at the request of any party, a sum equal to the aggregate amount of all costs
and expenses, including [attorney] ATTORNEY'S fees, as determined by the court to have been necessary and
reasonably incurred by the party for or in connection with participation in the proceedings, may be awarded to either
party, in accordance with division (E)(1) of this section, as the court, on the basis of judicial review, considers
proper. 


ORC 1513.15         CIVIL ACTION BY ATTORNEY GENERAL OR ADVERSELY AFFECTED
                    PERSON; WATER RIGHTS; PROSECUTION OF VIOLATORS.
(A)  In addition to any other remedy under [Chapter 1513. of the Revised Code] THIS CHAPTER, the chief of the
division of [mines and reclamation] MINERAL RESOURCES MANAGEMENT may request the attorney general to
institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other
appropriate order in the court of common pleas of the county wherein a violation of this chapter is occurring or has
occurred whenever a person: 
     (1)  Violates or fails or refuses to comply with any order or decision issued by the chief under [Chapter
1513. of the Revised Code] THIS CHAPTER; 
     (2)  Interferes with, hinders, or delays the chief or [his] authorized representatives OF THE CHIEF in
carrying out [Chapter 1513. of the Revised Code] THIS CHAPTER; 
     (3)  Refuses to admit an authorized representative to the mine; 
     (4)  Refuses to permit inspection of the mine by an authorized representative; 
     (5)  Refuses to furnish any information or report requested by the chief in furtherance of [Chapter 1513. of
the Revised Code] THIS CHAPTER; 
     (6)  Refuses to permit access to, and copying of, such records as the chief determines necessary in carrying
out [Chapter 1513. of the Revised Code] THIS CHAPTER. 
           The court shall issue an injunction upon demonstration that a violation of this chapter is occurring or
has occurred. 

(B)  Except as provided in division (D) of this section, any person having an interest [which] THAT is or may be
adversely affected may commence a civil action on [his] THE PERSON'S own behalf to compel compliance with
[Chapter 1513. of the Revised Code] THIS CHAPTER against any of the following: 
     (1)  The division of [mines and reclamation] MINERAL RESOURCES MANAGEMENT where the
division is alleged to be in violation of [Chapter 1513. of the Revised Code] THIS CHAPTER or of any rule, order,
or permit ADOPTED OR issued pursuant thereto, or against any other person who is alleged to be in violation of any
rule, order, or permit ADOPTED OR issued pursuant to [Chapter 1513. of the Revised Code] THIS CHAPTER; 
     (2)  The chief [of the division of mines and reclamation] where there is alleged a failure of the chief to
perform any act or duty under [Chapter 1513. of the Revised Code which] THIS CHAPTER THAT is not
discretionary with the chief. 

(C)  No action may be commenced under division (B)(1) of this section in either of the following situations: 
     (1)  Prior to sixty days after the plaintiff has given notice in writing of the violation to the chief and any
alleged violator; 
     (2)  If the chief has commenced and is diligently prosecuting a civil action in the appropriate court to
require compliance with [Chapter 1513. of the Revised Code] THIS CHAPTER or of any rule, order, or permit
ADOPTED OR issued pursuant thereto, but in any such action any person may intervene as a matter of right. 

(D)  No action may be commenced under division (B)(2) of this section prior to sixty days after the plaintiff has
given notice in writing of such action to the chief in such manner as the chief shall, by rule, prescribe, except that
such action may be brought immediately after such notification in the case where the violation or order complained
of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of 
the plaintiff. 

(E)  Any action respecting a violation of [Chapter 1513. of the Revised Code] THIS CHAPTER or rules adopted
thereunder may be brought only in the court of common pleas of the county in which the coal mining operation
complained of is located. 

(F)  The court, in issuing any final order in any action brought pursuant to division (B) of this section, may award to
any party costs of litigation, including attorney's and expert witness fees that the court determines to have been
necessary and reasonably incurred, in accordance with division (E)(2) of section 1513.13 of the Revised Code, and
whenever the court determines such an award is appropriate. 

(G)  Nothing in this section shall restrict any right [which] THAT any person or class of persons may have under law
to seek enforcement of any of the provisions of [Chapter 1513. of the Revised Code] THIS CHAPTER and the rules
adopted thereunder, or to seek any other relief, including relief against the chief. 

(H)  Any person who is injured in [his] person or property through the violation by any operator of any rule,
requirement, order, or permit ADOPTED OR issued pursuant to [Chapter 1513. of the Revised Code] THIS
CHAPTER may bring an action for damages, including reasonable attorney's and expert witness fees, in the court of
common pleas of Franklin county or in the court of common pleas of the county in which the coal mining operation
complained of is located. Nothing in this division shall affect the rights established by or limits imposed under
worker's compensation laws. 
       In any action under division (B), (C), (D), (E), (F), (G), or (H) of this section, the secretary of the United States
department of the interior or the chief, if not a party, may intervene as a matter of right. 

(I)  An owner of real property who obtains all or part of [his] A supply of water for domestic, industrial, agricultural,
or other legitimate use from an underground source other than a subterranean stream having a permanent, distinct,
and known channel, may maintain an action against an operator to recover damages for contamination, diminution,
or interruption of such water supply, proximately resulting from coal mining. 
       A servient tract of land is not bound to receive surface water contaminated by coal mining on a dominant tract of
land, and the owner of the servient tract may maintain an action against an operator to recover damages proximately
resulting from the natural drainage from the dominant tract of surface waters contaminated by coal mining on the
dominant tract. 
        This division shall not be construed as creating, modifying, or affecting any right, liability, or remedy other than
as expressly provided herein, nor shall such division be construed as creating, modifying, or affecting any right,
liability, or remedy of surface riparian owners. 

(J)  In addition to any municipal or county prosecuting authority, the attorney general upon the request of the chief,
may prosecute any person who violates, or who fails to perform any duty imposed by[, Chapter 1513. of the Revised
Code] THIS CHAPTER, or who violates any order or rule, or condition of a permit or license issued by the chief. 

(K)  The civil penalties owed under section 1513.02 of the Revised Code may be recovered in a civil action brought
by the attorney general upon the request of the chief [of the division of mines and reclamation]. 


ORC 1513.16         PERFORMANCE STANDARDS; PERMIT TO REMOVE ENTIRE SEAM;
                    VARIANCES; BOND; APPROVAL OR DISAPPROVAL OF RECLAMATION.
               {{ SMCRA 509(a), 515, 519; 30 CFR Parts 816, 817, 823, Secs. 800.40, 800.50 }}
(A)  Any permit issued under this chapter to conduct coal mining operations shall require that the operations meet all
applicable performance standards of this chapter and such other requirements as the chief of the division of [mines
and reclamation] MINERAL RESOURCES MANAGEMENT shall adopt by rule. General performance standards
shall apply to all coal mining and reclamation operations and shall require the operator at a minimum to do all of the
following: 
     (1)  Conduct coal mining operations so as to maximize the utilization and conservation of the solid fuel
resource being recovered so that reaffecting the land in the future through coal mining can be minimized; 
     (2)  Restore the land affected to a condition capable of supporting the uses that it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so long as the uses do not
present any actual or probable hazard to public health or safety or pose any actual or probable threat of diminution or
pollution of the waters of the state, and the permit applicants' declared proposed land uses following reclamation are
not considered to be impractical or unreasonable, to be inconsistent with applicable land use policies and plans, to
involve unreasonable delay in implementation, or to violate federal, state, or local law; 
     (3)  Except as provided in division (B) of this section, with respect to all coal mining operations, backfill,
compact where advisable to ensure stability or to prevent leaching of toxic materials, and grade in order to restore
the approximate original contour of the land with all highwalls, spoil piles, and depressions eliminated unless small
depressions are needed in order to retain moisture to assist revegetation or as otherwise authorized pursuant to this
chapter, provided that if the operator demonstrates that due to volumetric expansion the amount of overburden and
the spoil and waste materials removed in the course of the mining operation are more than sufficient to restore the
approximate original contour, the operator shall backfill, grade, and compact the excess overburden and other spoil
and waste materials to attain the lowest grade, but not more than the angle of repose, and to cover all acid-forming
and other toxic materials in order to achieve an ecologically sound land use compatible with the surrounding region
in accordance with the approved mining plan. The overburden or spoil shall be shaped and graded in such a way as
to prevent slides, erosion, and water pollution and shall be revegetated in accordance with this chapter. 
     (4)  Stabilize and protect all surface areas, including spoil piles affected by the coal mining and reclamation
operation, to control erosion and attendant air and water pollution effectively; 
     (5)  Remove the topsoil from the land in a separate layer, replace it on the backfill area, or, if not utilized
immediately, segregate it in a separate pile from the spoil, and when the topsoil is not replaced on a backfill area
within a time short enough to avoid deterioration of the topsoil, maintain a successful cover by quick-growing plants
or other means thereafter so that the topsoil is preserved from wind and water erosion, remains free of any
contamination by acid or other toxic material, and is in a usable condition for sustaining vegetation when restored
during reclamation. If the topsoil is of insufficient quantity or of poor quality for sustaining vegetation or if other
strata can be shown to be more suitable for vegetation requirements, the operator shall remove, segregate, and
preserve in a like manner such other strata as are best able to support vegetation. 
     (6)  Restore the topsoil or the best available subsoil that is best able to support vegetation; 
     (7)  For all prime farmlands as identified in division (B)(2)(p) of section 1513.07 of the Revised Code to be
mined and reclaimed, perform soil removal, storage, replacement, and reconstruction in accordance with
specifications established by the secretary of the United States department of agriculture under the "Surface Mining
Control and Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201. The operator, at a minimum, shall be
required to do all of the following: 
          (a)  Segregate the A horizon of the natural soil, except where it can be shown that other available
soil materials will create a final soil having a greater productive capacity, and, if not utilized immediately, stockpile
this material separately from the spoil and provide needed protection from wind and water erosion or contamination
by acid or other toxic material; 
          (b)  Segregate the B horizon of the natural soil, or underlying C horizons or other strata, or a
combination of such horizons or other strata that are shown to be both texturally and chemically suitable for plant
growth and that can be shown to be equally or more favorable for plant growth than the B horizon, in sufficient
quantities to create in the regraded final soil a root zone of comparable depth and quality to that which existed in the
natural soil, and, if not utilized immediately, stockpile this material separately from the spoil and provide needed
protection from wind and water erosion or contamination by acid or other toxic material; 
          (c)  Replace and regrade the root zone material described in division (A)(7)(b) of this section with
proper compaction and uniform depth over the regraded spoil material; 
          (d)  Redistribute and grade in a uniform manner the surface soil horizon described in division
(A)(7)(a) of this section. 
     (8)  Create, if authorized in the approved mining and reclamation plan and permit, permanent
impoundments of water on mining sites as part of reclamation activities only when it is adequately demonstrated by
the operator that all of the following conditions will be met: 
          (a)  The size of the impoundment is adequate for its intended purposes[;]. 
          (b)  The impoundment dam construction will be so designed as to achieve necessary stability with
an adequate margin of safety compatible with that of structures constructed under the "Watershed Protection and
Flood Prevention Act," 68 Stat. 666 (1954), 16 U.S.C. 1001, as amended[;]. 
          (c)  The quality of impounded water will be suitable on a permanent basis for its intended use and
[that] discharges from the impoundment will not degrade the water quality below water quality standards established
pursuant to applicable federal and state law in the receiving stream[;]. 
          (d)  The level of water will be reasonably stable[;]. 
          (e)  Final grading will provide adequate safety and access for proposed water users[;]. 
          (f)  The water impoundments will not result in the diminution of the quality or quantity of water
utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses. 
     (9)  Conduct any augering operation associated with strip mining in a manner to maximize recoverability of
mineral reserves remaining after the operation and reclamation are complete and seal all auger holes with an
impervious and noncombustible material in order to prevent drainage, except where the chief determines that the
resulting impoundment of water in such auger holes may create a hazard to the environment or the public health or
safety. The chief may prohibit augering if necessary to maximize the utilization, recoverability, or conservation of
the solid fuel resources or to protect against adverse water quality impacts. 
     (10)  Minimize the disturbances to the prevailing hydrologic balance at the mine site and in associated
offsite areas and to the quality and quantity of water in surface and ground water systems both during and after coal
mining operations and during reclamation by doing all of the following: 
          (a)  Avoiding acid or other toxic mine drainage by such measures as, but not limited to: 
               (i)  Preventing or removing water from contact with toxic producing deposits; 
               (ii )  Treating drainage to reduce toxic content that adversely affects downstream water
upon being released to water courses in accordance with rules adopted by the chief in accordance with section
1513.02 of the Revised Code; 
               (iii)  Casing, sealing, or otherwise managing boreholes, shafts, and wells, and keeping
acid or other toxic drainage from entering ground and surface waters. 
          (b)
               (i)  Conducting coal mining operations so as to prevent, to the extent possible using the
best technology currently available, additional contributions of suspended solids to streamflow or runoff outside the
permit area, but in no event shall contributions be in excess of requirements set by applicable state or federal laws; 
               (ii)  Constructing any siltation structures pursuant to division (A)(10)(b)(i) of this section
prior to commencement of coal mining operations. The structures shall be certified by persons approved by the chief
to be constructed as designed and as approved in the reclamation plan. 
          (c)  Cleaning out and removing temporary or large settling ponds or other siltation structures from
drainways after disturbed areas are revegetated and stabilized, and depositing the silt and debris at a site and in a
manner approved by the chief; 
          (d)  Restoring recharge capacity of the mined area to approximate premining conditions; 
          (e)  Avoiding channel deepening or enlargement in operations requiring the discharge of water
from mines; 
          (f)  Such other actions as the chief may prescribe. 
     (11)  With respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in
areas other than the mine working areas or excavations, stabilize all waste piles in designated areas through
construction in compacted layers, including the use of noncombustible and impervious materials if necessary, and
ensure that the final contour of the waste pile will be compatible with natural surroundings and that the site can and
will be stabilized and revegetated according to this chapter; 
     (12)  Refrain from coal mining within five hundred feet of active and abandoned underground mines in
order to prevent breakthroughs and to protect the health or safety of miners. The chief shall permit an operator to
mine near, through, or partially through an abandoned underground mine or closer than five hundred feet to an active
underground mine if [all] BOTH of the following conditions are met: 
          (a)  The nature, timing, and sequencing of the approximate coincidence of specific strip mine
activities with specific underground mine activities are approved by the chief; 
          (b)  The operations will result in improved resource recovery, abatement of water pollution, or
elimination of hazards to the health and safety of the public. 
     (13)  Design, locate, construct, operate, maintain, enlarge, modify, and remove or abandon, in accordance
with the standards and criteria developed pursuant to rules adopted by the chief, all existing and new coal mine waste
piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes, and used either
temporarily or permanently as dams or embankments; 
     (14)  Ensure that all debris, acid-forming materials, toxic materials, or materials constituting a fire hazard
are treated or buried and compacted or otherwise disposed of in a manner designed to prevent contamination of
ground or surface waters and that contingency plans are developed to prevent sustained combustion; 
     (15)  Ensure that all reclamation efforts proceed in an environmentally sound manner and as
contemporaneously as practicable with the coal mining operations, except that where the applicant proposes to
combine strip mining operations with underground mining operations to ensure maximum practical recovery of the
mineral resources, the chief may grant a variance for specific areas within the reclamation plan from the requirement
that reclamation efforts proceed as contemporaneously as practicable to permit underground mining operations prior
to reclamation if: 
          (a)  The chief finds in writing that: 
               (i)  The applicant has presented, as part of the permit application, specific, feasible plans
for the proposed underground mining operations[;]. 
               (ii)  The proposed underground mining operations are necessary or desirable to ensure
maximum practical recovery of the mineral resource and will avoid multiple disturbance of the surface[;]. 
               (iii)  The applicant has satisfactorily demonstrated that the plan for the underground
mining operations conforms to requirements for underground mining in this state and that permits necessary for the
underground mining operations have been issued by the appropriate authority[;]. 
               (iv)  The areas proposed for the variance have been shown by the applicant to be
necessary for the implementing of the proposed underground mining operations[;]. 
               (v)  No substantial adverse environmental damage, either on-site or off-site, will result
from the delay in completion of reclamation as required by this chapter[;]. 
               (vi)  Provisions for the off-site storage of spoil will comply with division (A)(21) of this
section. 
          (b)  The chief has adopted specific rules to govern the granting of such variances in accordance
with this division and has imposed such additional requirements as the chief considers necessary[;]. 
          (c)  Variances granted under this division shall be reviewed by the chief not more than three years
from the date of issuance of the permit[;]. 
          (d)  Liability under the bond filed by the applicant with the chief pursuant to section 1513.08 of the
Revised Code shall be for the duration of the underground mining operations and until the requirements of this
section and section 1513.08 of the Revised Code have been fully complied with. 
     (16)  Ensure that the construction, maintenance, and postmining conditions of access roads into and across
the site of operations will control or prevent erosion and siltation, pollution of water, and damage to fish or wildlife
or their habitat, or to public or private property; 
     (17)  Refrain from the construction of roads or other access ways up a stream bed or drainage channel or in
such proximity to the channel as to seriously alter the normal flow of water; 
     (18)  Establish, on the regraded areas and all other lands affected, a diverse, effective, and permanent
vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-
regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area, except that
introduced species may be used in the revegetation process where desirable and necessary to achieve the approved
postmining land use plan; 
     (19)  
          (a)  Assume the responsibility for successful revegetation, as required by division (A)(18) of this
section, for a period of five full years after the last year of augmented seeding, fertilizing, irrigation, or other work in
order to ensure compliance with that division, except that when the chief approves a long-term intensive agricultural
postmining land use, the applicable five-year period of responsibility for revegetation shall commence at the date of
initial planting for that long-term intensive agricultural postmining land use, and except that when the chief issues a
written finding approving a long-term intensive agricultural postmining land use as part of the mining and
reclamation plan, the chief may grant an exception to division (A)(18) of this section; 
          (b)  On lands eligible for remining, assume the responsibility for successful revegetation, as
required by division (A)(18) of this section, for a period of two full years after the last year of augmented seeding,
fertilizing, irrigation, or other work in order to ensure compliance with that division. 
     (20)  Protect off-site areas from slides or damage occurring during the coal mining and reclamation
operations and not deposit spoil material or locate any part of the operations or waste accumulations outside the
permit area;   
     (21)  Place all excess spoil material resulting from coal mining and reclamation operations in such a manner
that all of the following apply: 
          (a)  Spoil is transported and placed in a controlled manner in position for concurrent compaction
and in such a way as to ensure mass stability and to prevent mass movement[;]. 
          (b)  The areas of disposal are within the bonded permit areas. All organic matter shall be removed
immediately prior to spoil placement except in the zoned concept method. 
          (c)  Appropriate surface and internal drainage systems and diversion ditches are used so as to
prevent spoil erosion and mass movement[;]. 
          (d)  The disposal area does not contain springs, natural watercourses, or wet weather seeps unless
lateral drains are constructed from the wet areas to the main underdrains in such a manner that filtration of the water
into the spoil pile will be prevented unless the zoned concept method is used[;]. 
          (e)  If placed on a slope, the spoil is placed upon the most moderate slope among those slopes
upon which, in the judgment of the chief, the spoil could be placed in compliance with all the requirements of this
chapter and is placed, where possible, upon, or above, a natural terrace, bench, or berm if that placement provides
additional stability and prevents mass movement[;]. 
          (f)  Where the toe of the spoil rests on a downslope, a rock toe buttress of sufficient size to prevent
mass movement is constructed[;]. 
          (g)  The final configuration is compatible with the natural drainage pattern and surroundings and
suitable for intended uses[;]. 
          (h)  Design of the spoil disposal area is certified by a qualified registered professional engineer in
conformance with professional standards[;]. 
          (i)  All other provisions of this chapter are met. 
     (22)  Meet such other criteria as are necessary to achieve reclamation in accordance with the purpose of this
chapter, taking into consideration the physical, climatological, and other characteristics of the site; 
     (23)  To the extent possible, using the best technology currently available, minimize disturbances and
adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of
such resources where practicable; 
     (24)  Provide for an undisturbed natural barrier beginning at the elevation of the lowest coal seam to be
mined and extending from the outslope for such distance as the chief shall determine to be retained in place as a
barrier to slides and erosion. 

(B)
     (1)  The chief may permit mining operations for the purposes set forth in division (B)(3) of this section. 
     (2)  When an applicant meets the requirements of divisions (B)(3) and (4) of this section, a permit without
regard to the requirement to restore to approximate original contour known as mountain top removal set forth in
divisions (A)(3) or (C)(2) and (3) of this section may be granted for the mining of coal where the mining operation
will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill, except as
provided in division (B)(4)(a) of this section, by removing all of the overburden and creating a level plateau or a
gently rolling contour with no highwalls remaining, and capable of supporting postmining uses in accordance with
this division. 
     (3)  In cases where an industrial, commercial, agricultural, residential, or public facility use, including
recreational facilities, is proposed for the postmining use of the affected land, the chief may grant a permit for a
mining operation of the nature described in division (B)(2) of this section when all of the following apply: 
          (a)  After consultation with the appropriate land use planning agencies, if any, the proposed
postmining land use is considered to constitute an equal or better economic or public use of the affected land, as
compared with premining use[;]. 
          (b)  The applicant presents specific plans for the proposed postmining land use and appropriate
assurances that the use will be all of the following: 
               (i)  Compatible with adjacent land uses; 
               (ii)  Obtainable according to