As used in Chapters 1501:13-1 to 1501:13-14 of the
plan" means any individual technique or combination of techniques, the
implementation of which may result in reduction of the base line pollution
load. Abatement techniques may include but are not limited to best management
practices such as: addition of alkaline material, daylighting old underground
mines, special plans for managing toxic- and acid-forming material, regrading,
drainage" means water with a pH of less than 6.0 and in which total acidity
exceeds total alkalinity, discharged from an active, inactive or abandoned coal
mine and reclamation operation or from an area affected by coal mining and
"Acid-forming materials" means earth materials that contain sulfide mineral or
other materials which, if exposed to air, water, or weathering processes, will
form acids that may create acid drainage.
(D) "Acid water" means any waters, the pH of
which, as determined by standard methods, is less than 6.0.
(E) "Adjacent area" means the area outside
the affected area or permit area where air, surface or ground water, fish,
wildlife, vegetation or other resources protected by Chapter 1513. of the
Revised Code, determined according to the context in which "adjacent area" is
used, are or reasonably could be expected to be adversely affected by proposed
coal mining and reclamation operations including probable impacts from
underground workings. With respect to underground mining operations, "adjacent
area" shall include, at a minimum, the surface areas above full coal recovery
"Affected area" means
any land or water surface area which is used to facilitate, or is physically
altered by, coal mining and reclamation operations.
The affected area includes:
(a) The disturbed area;
(b) Any area upon which coal mining and
reclamation operations are conducted;
(c) Any adjacent lands the use of which is
incidental to coal mining and reclamation operations;
All areas covered by new or existing
roads used to gain access to, or for hauling coal to or from coal mining and
reclamation operations, but may not include public roadways, provided that:
(i) The public roadway was in existence prior
to the application for the permit;
(ii) The effect on the public roadway from
mining use will be minor; and
The public roadway is incidentally, rather than directly, part of the mining
(e) Any area
covered by surface excavations, workings, impoundments, dams, ventilation
shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil
banks, culm banks, tailings, holes or depressions, repair areas, storage areas,
shipping areas; and
(f) Any areas
upon which are sited structures, facilities, or other property material on the
surface resulting from, or incident to, coal mining and reclamation
affected area does not include surface disturbance attributable solely to
underground mine subsidence, provided that this exception shall not be
construed as a limitation on the authority of the chief or his or her
authorized representative to require submission of information about, or take
enforcement or other actions in regard to, subsidence disturbances and
conditions existing in areas overlying underground workings before, during, and
after mining, which areas are not within the permit or affected area.
(G) "Alternative financial
security" means a trust fund, a standby trust fund, or other similar agreement
or mechanism for the benefit of the state, enforceable under law and approved
by the chief, that assures sufficient funds are available and devoted solely to
the purpose of providing and maintaining long-term water treatment or a
long-term alternative water supply, as applicable, for permits the chief
determines require alternative financial security under division (F)(8) of
section 1513.16 of the Revised
(H) "Angle of draw" means the
angle with the vertical, made by a straight line extending away from the edge
of the mined-out area to the ground surface, spanning the horizontal distance
in which subsidence may occur.
"Applicant" means any person seeking a permit, permit renewal or revision to a
permit, or a transfer, assignment or sale of permit rights from the chief to
conduct coal mining and reclamation operations.
(J) "Application" means the documents and
other information filed with the chief under Chapter 1513. of the Revised Code,
and rules adopted thereunder, for the issuance of a permit, permit renewal or
revision to a permit, or for a transfer, assignment or sale of permit rights
for coal mining and reclamation operations.
(K) "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. Permanent water impoundments may
remain where the chief determines that they are in compliance with division
(A)(8) of section 1513.16 of the Revised
(L) "Aquifer" means a zone,
stratum, or group of strata that can store and transmit water in sufficient
quantities for a specific use.
"Area mining" means a method of surface coal mining that involves making a
series of parallel mining cuts against the highwall created from the initial
mining cut. Spoil from each subsequent cut is placed in the preceding cut where
coal has been removed and, as a result, area mining forms a series of parallel
spoil ridges. Area mining along the contour differs from contour mining in that
at least three successive parallel cuts are made from the initial
(N) "Auger mining" means a
method of mining coal at a highwall by drilling holes or cutting into an
exposed coal seam from the highwall and transporting the coal along an auger
bit or by conveyors or other means to the surface.
(O) "Backfill" or "backfilling" means to fill
an excavation or pit with material to a predetermined configuration by reducing
the peaks, valleys, and outslopes of the spoil, and filling the cut.
(P) "Base line pollution load" means the
characterization of the material being discharged from or on the pollution
abatement area, described in terms of mass loading for net acidity, total iron,
total manganese, and total suspended solids, including seasonal variations and
variations in response to precipitation events.
(Q) "Best available technology economically
achievable" means measures and practices which will abate or ameliorate to the
maximum extent possible pollution discharges from or on the pollution abatement
area. These measures include engineering, geochemical or other applicable
(R) "Best management
practice" means a practice implemented during the mining and reclamation of
remining sites that is designed to reduce, if not completely eliminate, the
pre-existing water pollution problems. Best management practices are tailored
to specific mining operations based largely on pre-existing site conditions,
hydrology, and geology. Best management practices are designed to function in a
physical and/or geochemical manner to reduce pollution loadings. These best
management practices may include engineering, geochemical materials handling,
daylighting, regrading, revegetation, diversion ditches or other applicable
currently available" means equipment, devices, systems, methods, or techniques
(1) Will prevent, to the extent
possible, additional contributions of suspended solids to stream flow or runoff
outside the permit area, but in no event result in contributions of suspended
solids in excess of requirements set by applicable state or federal
(2) Will minimize, to the
extent possible, disturbances and adverse impacts on fish, wildlife, and
related environmental values, and achieve enhancement of those resources where
(3) Are currently
available anywhere as determined by the chief. The term includes, but is not
limited to, construction practices, siting requirements, vegetative selection
and planting requirements, animal stocking requirements, scheduling of
activities and design of sedimentation ponds.
(T) "Cemetery" means any area of land where
human bodies are interred.
"Chief" means chief of the division of mineral resources management.
(V) "Coal exploration" means the field
gathering of environmental data and surface or subsurface geologic, physical,
or chemical data by trenching, drilling or other techniques that disturb the
natural land surface and that are necessary to determine the quality and
quantity of overburden and coal of an area.
(W) "Coal exploration permit" means a permit
to conduct coal exploration operations that substantially disturb the natural
land surface, issued by the chief pursuant to section
1513.072 of the Revised
(X) "Coal mine waste" means
coal processing waste and underground development waste.
(Y) "Coal mining and reclamation operations"
means coal mining operations and all activities necessary and incidental to the
reclamation of such operations.
"Coal mining operation" means:
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 the following:
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;
extraction of coal as an incidental part of federal, state, or local highway or
other government-financed construction when approved by the chief; or
(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
improvement or use of existing roads to gain access to the site of such
activities, and for hauling, 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.
(AA) "Coal preparation" means chemical or
physical processing and the cleaning, concentrating, or other processing or
preparation of coal.
preparation plant" means a facility where coal is subjected to chemical or
physical processing or cleaning, concentrating, or other processing or
preparation. It includes facilities associated with the coal preparation plant,
including, but not limited to, the following: loading facilities; storage and
stockpile facilities; sheds, shops, and other buildings; water treatment and
water storage facilities; settling basins and impoundments; and coal processing
and other waste disposal areas.
(CC) "Coal processing waste" means earth
materials which are wasted or otherwise separated from the product coal after
physical or chemical processing, cleaning, or concentrating of coal.
"Collateral bond" means an indemnity
agreement in a sum certain payable only to the state and executed by the
permittee or applicant as principal which is supported by one or more of the
(1) The deposit of cash in one or
more federally insured accounts, payable only to the state upon
(2) Negotiable bonds of the
United States or the state of Ohio endorsed to the order of, and placed in the
possession of, the state;
Negotiable certificates of deposit, payable to, and in possession of, the
(4) An irrevocable letter of
credit of any bank organized or authorized to transact business in the state of
Ohio, payable only to the state upon presentation by the chief; or
(5) A trust fund naming the state as primary
beneficiary in an amount sufficient to complete the reclamation plan for any
and all areas that may be in default at any time and devoted solely to the
purpose of providing performance security in accordance with these
material" means organic material that is capable of burning, either by fire or
through oxidation, accompanied by the evolution of heat and a significant
or institutional building" means any building other than a public building or
an occupied dwelling, which:
(1) Is used
primarily for meetings, gatherings, or functions of local civic organizations
or other community groups;
Functions as an educational, cultural, historic, religious, scientific,
correctional, mental health, or physical health care facility; or
(3) Is used for public services, including,
but not limited to, water supply, power generation or sewage
"Compaction" means increasing the density of a material by reducing the voids
between the particles and is generally accomplished by controlled placement and
mechanical effort such as from repeated application of wheel, track, or roller
loads from heavy equipment.
"Complete application" means an application for the issuance of a permit,
permit renewal or revision to a permit, or for a transfer, assignment or sale
of permit rights for coal mining and reclamation operations which contains all
the information required under Chapter 1513. of the Revised Code and these
rules and necessary to initiate processing and public review.
(II) "Contour mining" means a method of
surface coal mining that involves making an initial mining cut along the
contour of a hillside to the maximum highwall height and then making subsequent
cuts along the same contour, placing spoil in the preceding cut where the coal
has been removed.
means land used for the production of cultivated crops for harvest, alone or in
a rotation with grasses and legumes, and includes row crops, small grain crops,
hay crops, nursery crops, orchard crops, and other similar specialty crops.
Land will not be considered as having been used for the production of
cultivated crops on the basis of use as woodland or rangeland, or where the
only cultivation has been disking to establish or help maintain grass used as a
forage, or where the only cultivation has been disking to plant small grain for
a quick cover to be used as forage and not as a grain crop.
(KK) "Cumulative hydrologic impact
assessment" means the assessment of the probable cumulative impact of all
anticipated mining in the general and adjacent area upon the hydrologic balance
of the area and particularly upon water availability.
(LL) "D permit" means a permit issued
pursuant to an application filed with the division of mineral resources
management pursuant to section
1513.07 of the Revised Code,
effective September 1, 1981.
"Developed spring" means a spring regularly being used for domestic or
"Disturbed area" means an area where vegetation, topsoil, or overburden is
removed or upon which topsoil, spoil, coal processing waste, underground
development waste, or noncoal waste is placed by coal mining operations. Those
areas are classified as disturbed until reclamation is complete and the
performance security or other assurance of performance required by section
1513.08 of the Revised Code is
(OO) "Diversion" means a
channel, embankment, or other man-made structure constructed for the purpose of
diverting water from one area to another.
(PP) "Downslope" means the land surface
between the projected outcrop of the lowest coalbed being mined along each
highwall and a valley floor.
"Drainage plan" means a description or illustration of the method of
collection, treatment, and discharge of all or any of the waters within,
flowing onto, or being discharged from the permit area.
(RR) "Effluent limitations" means a specific,
numeric, measurable set of limits on the amount of various pollutants that are
placed on point source discharges through the national pollutant discharge
elimination system (NPDES). For a remining NPDES permit that uses non-numeric
limitations, "effluent limitations" means the best management practice as
required under that NPDES permit.
(SS) "Embankment" means an artificial deposit
of material that is raised above the natural surface of the land and used to
contain, divert, or store water, support roads or railways, or for other
means a professional engineer registered in accordance with the requirements of
Chapter 4733. of the Revised Code.
(UU) "Ephemeral stream" means a stream which
flows only in direct response to precipitation in the immediate watershed or in
response to the melting of a cover of snow and ice, and which has a channel
bottom that is always above the local water table.
"Excess spoil" means spoil material
disposed of in a location other than the mined-out area, except that spoil
material used to achieve the approximate original contour or to blend the
mined-out area with the surrounding terrain in non-steep slope areas shall not
be considered excess spoil, provided that the blending will be done in
accordance with paragraph (E) of rule
of the Administrative Code.
"Existing structure" means a structure or facility used in connection with or
to facilitate coal mining and reclamation operations for which construction
began prior to August 16, 1982.
"Forfeiture of performance security"
means that the chief shall proceed against the permittee in the manner set
forth in rule
of the Administrative Code.
"Fragile lands" means areas containing natural, ecologic, scientific, or
esthetic resources that could be significantly damaged by coal mining
operations. Examples of fragile lands include valuable habitats for fish or
wildlife, critical habitats for endangered or threatened species of animals or
plants, uncommon geologic formations, paleontological sites, national natural
landmarks, areas where mining may result in flooding, environmental corridors
containing a concentration of ecologic and esthetic features, and areas of
recreational value due to high environmental quality.
(ZZ) "Fugitive dust" means that particulate
matter not emitted from a duct or stack which becomes airborne due to the
forces of wind or coal mining and reclamation operations or both. During coal
mining and reclamation operations it may include emissions from haul roads;
wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation
operations; and other activities in which material is either removed, stored,
transported, or redistributed.
(AAA) "Full coal recovery" means recovery of
a high percentage of the in-place coal reserve by pillar removal, longwall
mining, or other underground mining method in which support is removed from the
roof of the mine under a large enough area that a full or partial collapse or
subsidence of the mine roof is planned as part of the method of
"General area" means,
with respect to hydrology, the topographic and ground-water basin in and
surrounding a permit area which is of sufficient size to include the area to be
affected by all anticipated mining activities, including one or more watersheds
containing perennial streams and ground-water zones, and to allow assessment of
the probable cumulative impacts on the quality and quantity of surface and
ground-water systems in the basins. Anticipated mining shall include, at a
minimum, the entire projected lives, through performance security releases, of:
(1) The proposed operation;
(2) All existing operations; and
(3) Any operation for which a permit
application has been submitted to the chief.
(CCC) "Grading" means the shaping of material
to conform to the approved mining and reclamation plan.
(DDD) "Ground water" means subsurface water
that fills available openings in rock or soil materials to the extent that they
are considered water saturated.
(EEE) "Head-of-hollow fill" means a fill
structure consisting of any material, other than organic material, placed in
the uppermost reaches of a hollow where side slopes of the existing hollow,
measured at the steepest point, are greater than twenty degrees or the average
slope of the profile of the existing hollow from the toe of the fill to the top
of the fill is greater than ten degrees. In head-of-hollow fills the top
surface of the fill, when completed, is at approximately the same elevation as
the adjacent ridge line, and no significant area of natural drainage occurs
above the fill draining into the fill area.
(FFF) "Higher or better uses" means
postmining land uses that have a higher economic value or nonmonetary benefit
to the landowner or the community than the premining land uses.
(GGG) "Highwall" means the face of exposed
overburden and coal in an open cut of a coal mining operation or for entry to
underground mining operations.
(HHH) "Highwall remnant" means that portion
of a highwall that remains after backfilling and grading of a remining permit
(III) "Historic lands" means
areas containing historic, cultural, or scientific resources. Examples of
historic lands include archeological sites, properties listed on or eligible
for listing on a state or national register of historic places, national
historic landmarks, properties having religious or cultural significance to
native Americans or religious groups, and properties for which historic
designation is pending.
"Historically used for cropland" means:
Lands that have been used for cropland for any five years or more out of the
ten years immediately preceding the acquisition, including purchase, lease, or
option, of the land for the purpose of conducting or allowing through resale,
lease or option the conduct of coal mining and reclamation
(2) Lands that the
chief determines, on the basis of additional cropland history of the
surrounding lands and the lands under consideration, that the permit area is
clearly cropland but falls outside the specific five-years-in-ten criterion, in
which case the regulations for prime farmland may be applied to include more
years of cropland history only to increase the prime farmland acreage to be
(3) Lands that would
likely have been used as cropland for any five out of the last ten years,
immediately preceding such acquisition but for the same fact of ownership or
control of the land unrelated to the productivity of the land.
(KKK) "Hydrologic balance" means
the relationship between the quality and quantity of inflow to, outflow from,
and storage in a hydrologic unit such as a drainage basin, aquifer, soil zone,
lake, or reservoir. It encompasses the quantity and quality relationships
between precipitation, runoff, evaporation, and the change in ground and
surface water storage.
"Hydrologic regime" means the entire state of water movement in a given area.
It is a function of the climate, and includes the phenomena by which water
first occurs as atmospheric water vapor, passes into a liquid or solid form and
falls as precipitation, moves then along or into the ground surface, and
returns to the atmosphere as vapor by means of evaporation and
danger to the health and safety of the public" means the existence of any
condition or practice, or any violation of a permit or other requirements of
Chapter 1513. of the Revised Code or these rules in a coal mining and
reclamation operation, which 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 exists if a rational person, subjected to the same condition or
practice giving rise to the peril, would not expose himself or herself to the
danger during the time necessary for abatement.
(NNN) "Impounding structure" means a dam,
embankment or other structure used to impound sediment, water, slurry, or other
liquid or semi-liquid material.
(OOO) "Impoundments" means all water,
sediment, slurry or other liquid or semi-liquid holding structures and
depressions, either naturally formed or artificially built.
"Incremental area" for a particular
permit year applies only to permits for which the applicant or permittee
provides performance security together with reliance on the reclamation
forfeiture fund in accordance with paragraph (C)(2) of rule
of the Administrative Code and means:
area within the permit area which the permittee affects by coal mining and
reclamation operations in the particular permit year and which the permittee
does not intend to affect in the coming permit year; and
In the permit year in which mining
operations are completed on the permit area, all of the affected area not
already designated as an incremental area under paragraph (A)(6)(a) of rule
of the Administrative Code.
"Incremental mining unit" applies only
to permits for which the applicant or permittee provides performance security
without reliance on the reclamation forfeiture fund in accordance with
paragraph (C)(1) of rule
of the Administrative Code. Incremental mining unit means an area within a
permit of sufficient size and configuration to provide for efficient mining and
reclamation operations, subject to approval by the chief, where mining and
reclamation activities are authorized by the chief and a specific amount of
performance security has been determined by the chief pursuant to paragraph (B)
of the Administrative Code.
"In situ processes" means activities conducted on the surface or underground in
connection with in-place distillation, retorting, leaching, or other chemical
or physical processing of coal. The term includes, but is not limited to, in
situ gasification, in situ leaching, slurry mining, solution mining, borehole
mining, and fluid recovery mining.
(SSS) "Intermittent stream" means a stream
that is below the local water table and flows for at least some part of the
year, and obtains its flow from both surface runoff and ground water
(TTT) "Knowing" or
"knowingly" means, except where the context indicates otherwise, that a person
who authorized, ordered, or carried out an act or omission knew or had reason
to know that the act or omission would result in either a violation or a
failure to abate or correct a violation.
(UUU) "Lands eligible for remining" means
those lands that would otherwise be eligible for expenditures under section
1513.37 of the Revised
(VVV) "Leachate" means a
liquid that has percolated through soil, rock, or waste and has extracted
dissolved or suspended materials.
(WWW) "Monitoring" means the collection of
environmental data by either continuous or periodic sampling methods.
"Mountaintop removal mining" means coal
mining operations in which the mining operation removes an entire coal seam or
seams running through the upper fraction of a mountain, ridge, or hill except
as otherwise provided for in paragraph (B)(1) of rule
of the Administrative Code, by removing substantially all of the overburden off
the bench and creating a level plateau or a gently rolling contour, with no
highwalls remaining, and capable of supporting postmining land uses in
accordance with the requirements of paragraph (C) of rule
of the Administrative Code.
"MSHA" means the mine safety and health administration.
(ZZZ) "Mulch" means vegetation residues or
other suitable materials that aid in soil stabilization and soil moisture
conservation, thus providing conditions suitable for germination and
discharge elimination system" and "NPDES" means the national permit program
authorized under the Clean Water Act,
et seq., that controls water pollution
by regulating point sources that discharge pollutants into waters of the United
(BBBB) "Natural hazard
lands" means geographic areas in which natural conditions exist which pose or,
as a result of coal mining operations, may pose a threat to the health, safety,
or welfare of people, property or the environment, including areas subject to
landslides, cave-ins, severe wind or soil erosion, frequent flooding,
avalanches, and areas of unstable geology.
(CCCC) "Non-commercial building" means any
building, other than an occupied residential dwelling, that, at the time the
subsidence occurs, is used on a regular or temporary basis as a public building
or community or institutional building as those terms are defined in this rule.
Any building used only for commercial agricultural, industrial, retail or other
commercial enterprises is excluded.
"Notice of intention to explore" means
the documents and other information filed with the chief for coal exploration,
pursuant to section 1513.072
of the Revised Code and
of the Administrative Code.
"Noxious plants" means species that have been included on the official list of
noxious plants for the state of Ohio.
(FFFF) "Occupied dwelling" means any building
that is currently being used on a regular or temporary basis for human
residential dwelling and structures related thereto" means, for purposes of
of the Administrative Code, any building or other structure that, at the time
the subsidence occurs, is used either temporarily, occasionally, seasonally, or
permanently for human habitation. This term also includes any building,
structure or facility installed on, above or below, or a combination thereof,
the land surface if that building, structure or facility is adjunct to or used
in connection with an occupied residential dwelling. Examples of such
structures include, but are not limited to, garages; storage sheds and barns;
greenhouses and related buildings; utilities and cables; fences and other
enclosures; retaining walls; paved or improved patios, walks and driveways;
septic sewage treatment facilities; and lot drainage and lawn and garden
irrigation systems. Any structure used only for commercial agricultural,
industrial, retail or other commercial purposes is excluded.
(HHHH) "Operation" means coal mining
(IIII) "Operator" means
any person conducting a coal mining operation and includes the permittee if the
permittee is conducting the mining operation or a contract operator if a person
under contract with the permittee is conducting the mining operation.
(JJJJ) "Overburden" means material of any
nature, consolidated or unconsolidated, that overlies a coal deposit, excluding
(KKKK) "Perennial stream"
means a stream or a part of a stream that flows continuously during all of the
calendar year as a result of ground-water discharge or surface runoff. The term
does not include intermittent stream or ephemeral stream.
(LLLL) "Performance security" means a form of
financial assurance, including a surety bond; a collateral bond; or a
combination thereof, by which a permittee assures faithful performance of all
the requirements of Chapter 1513. of the Revised Code, division 1501:13 of the
Administrative Code, and the requirements of the permit and reclamation
(MMMM) "Permanent diversion"
means a diversion remaining after coal mining and reclamation operations are
completed which has been approved for retention by the chief.
(NNNN) "Permanent impoundment" means an
impoundment which is approved by the chief and, if required, by other state and
federal agencies for retention as part of the postmining land use.
(OOOO) "Permit" means a permit to conduct
coal mining and reclamation operations issued by the chief pursuant to section
1513.074 of the Revised
(PPPP) "Permit area" means
the area of land to be affected indicated on the approved map submitted by the
applicant or operator with the application required by section
1513.074 of the Revised Code.
This area shall include, at a minimum, all areas which are or will be affected
by the coal mining and reclamation operations during the term of the permit.
With respect to underground mining operations, "permit area" shall not include
those surface areas overlying underground workings and not included within the
(QQQQ) "Permit year"
means the year beginning on the date on which the permit was issued or the year
beginning on any yearly anniversary of the permit issuance. Permit years are
identified by sequence. For example, the permit year beginning on the date the
permit was issued is the "first permit year," the permit year beginning on the
first yearly anniversary of the permit is the "second permit year," and so
(RRRR) "Permittee" means a
person holding or required by Chapter 1513. of the Revised Code to hold a
(SSSS) "Person" means an
individual, partnership, corporation, business trust, estate, trust,
association or other legal entity, or any political subdivision,
instrumentality or agency of the state or the United States.
"Person having an interest which is or
may be adversely affected or person with a valid legal interest" means any
(1) Who uses any resource of economic,
recreational, esthetic, or environmental value that may be adversely affected
by coal exploration or coal mining and reclamation operations or any related
action of the chief; or
property is or may be adversely affected by coal exploration or coal mining and
reclamation operations or any related action of the chief.
(UUUU) "Pit" or "strip mine pit" means that
part of the operation prior to backfilling from which coal is being or has been
removed from its natural state.
(VVVV) "Point source discharge" means any
discernible, confined or discrete conveyance from which a pollutant is, or may
be, discharged to the waters of the state.
(WWWW) "Pollution abatement area" means that
part or parts of the permit area which are causing or contributing to the base
line pollution load, and which must be affected to bring about potential
improvement of the base line pollution load, and which may include the
immediate location of the discharge(s). The pollution abatement area shall
include, to the extent practicable, areas within the permit area which are
adjacent to and nearby the remining operation and which also must be affected
to reduce the pollution load of the pre-existing discharges, and may include
the immediate location of the pre-existing discharges.
(XXXX) "Precipitation event" means a quantity
of water resulting from drizzle, rain, snow, sleet, hail, or that quantity of
water emanating from snow cover as snowmelt in a limited period of
discharge" means a discharge from surface or subsurface waters which is located
on previously mined area as defined in this rule. This term shall include a
pre-existing discharge that is relocated as a result of the implementation of
best management practices in the permit.
(ZZZZ) "Previously mined area" means land
affected by coal mining operations prior to August 3, 1977 that has not been
reclaimed to the standards of Chapter 1513. of the Revised Code, as effective
September 1, 1981 and thereafter.
"Prime farmland" means those lands
Are defined by the secretary of
agriculture in 7 C.F.R. 657
(2) Have been historically used for
"Principal shareholder" means any person who is the record or beneficial owner
of ten per cent or more of any class of voting stock.
(CCCCC) "Probable hydrologic consequences"
means the projected result of proposed coal mining and reclamation operations
which may reasonably be expected to change the quantity or quality of the
surface and ground water, the flow, timing, or pattern of the surface and
ground water, and the stream channel conditions on the permit area and adjacent
(DDDDD) "Productivity" means
the vegetative yield produced by a unit area for a unit of time.
(EEEEE) "Property to be mined" means the
surface estates and mineral estates within the permit area. For those areas
covered by underground workings, "property to be mined" means the mineral
estates to be mined and the surface estates.
(FFFFF) "Public building" means any building
that is owned by a public agency or used primarily for public business or
(GGGGG) "Public park"
means an area or portion of an area dedicated or designated by any federal,
state, or local agency primarily for public recreational use, whether or not
such is limited to certain times or days, including any land leased, reserved,
or held open to the public because of that use.
"Public roadway" means a road which
(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
(3) Regularly maintained
with public funds; and
to, and available for, substantial use by the public.
(IIIII) "Publicly owned park" means a public
park that is owned by a federal, state or local governmental entity.
(JJJJJ) "Reasonably available spoil" means
spoil and suitable coal mine waste material generated by the remining operation
or other spoil or suitable coal mine waste material located in the permit area
and in the immediate vicinity of the permit area that is accessible and
available for use and that, when rehandled, will not cause a hazard to public
safety or significant damage to the environment.
(KKKKK) "Recharge capacity" means the ability
of the soils and underlying materials to allow precipitation and runoff to
infiltrate and reach the zone of saturation.
(LLLLL) "Receiving water" means the specific
water body of the waters of the state into which point and non-point sources
(MMMMM) "Reclamation" means
those actions taken to restore mined land as required by Chapter 1513. of the
Revised Code to a postmining land use approved by the chief.
"Recurrence interval" means the
interval of time in which a precipitation event is expected to occur once, on
the average. Magnitude of such events are as defined by the "National Weather
Service Technical Paper No. 40, Rainfall Frequency Atlas of the United States,"
May 1961, and subsequent amendments or equivalent regional or rainfall
probability information developed therefrom. This technical report is available
from NOAA's national weather service website
pile" means a surface deposit of coal mine waste that does not impound water,
slurry, or other liquid or semi-liquid material.
(PPPPP) "Remining" means conducting coal
mining and reclamation operations which affect previously mined
permit" means a national pollutant discharge elimination system permit issued
by the Ohio environmental protection agency for a discharge which is in
compliance with the permit requirements of
33 U. S.C. section
(RRRRR) "Renewable resource lands" means
aquifers and areas for the recharge of aquifers and other underground waters,
areas for agricultural or silvicultural production of food and fiber, and
of water supply" means, with respect to a protected water supply contaminated,
diminished, or interrupted by a surface or underground coal mining operation,
provision of a water supply on both a temporary and permanent basis equivalent
to premining quality and quantity. Replacement includes provision of an
equivalent water delivery system and payment of operation and maintenance costs
in excess of customary and reasonable delivery costs for the premining water
(1) Upon agreement by the permittee
and the water supply owner, the obligation to pay such operation and
maintenance costs may be satisfied by a one time payment in an amount which
covers the present worth of the increased annual operation and maintenance
costs for a period agreed to by the permittee and the water supply
(2) If the affected water
supply was not needed for the land use in existence at the time of loss,
contamination, or diminution, and if the supply is not needed to achieve the
postmining land use, replacement requirements may be satisfied by demonstrating
that a suitable alternative water source is available and could feasibly be
developed. If the latter approach is selected, written concurrence must be
obtained from the water supply owner.
(TTTTT) "Road" means a surface right-of-way
for purposes of travel by land vehicles used in coal exploration or coal mining
and reclamation operations. A road consists of the entire area within the
right-of-way, including the roadbed, shoulders, parking and side areas,
approaches, structures, ditches and surface. The term includes any access or
haul road constructed, used, reconstructed, improved, or maintained for use in
coal exploration or within the affected area of coal mining and reclamation
operations, including use by coal hauling vehicles leading to transfer,
processing, or storage areas. The term does not include ramps and routes of
travel within the mining area or within spoil or coal mine waste disposal
areas. The term may not include public roadways outside the permitted area,
provided that the public roadway was in existence prior to the application for
the permit, the effect on the public roadway from mining use will be minor, and
the public roadway is incidentally, rather than directly, part of the mining
promulgated thereunder," "rules adopted thereunder," or "these rules" means all
rules contained in Chapters 1501:13-1 to 1501:13-14 of the Administrative
(VVVVV) "Runoff" means the
overland flow caused by excess rainfall.
(WWWWW) "Safety factor" means the ratio of
the sum of the resisting forces to the sum of the loading or driving forces, as
determined by accepted engineering practices.
(XXXXX) "Sediment" means undissolved organic
and inorganic material transported or deposited by water.
(YYYYY) "Sedimentation pond" means an
impoundment used to remove solids from water in order to meet water quality
standards or effluent limitations before the water leaves the permit
(ZZZZZ) "Shadow area" means
the surface areas above the underground workings and surface areas that are
within the angle of draw of such workings.
"Significant, imminent environmental
harm to land, air or water resources" means:
(1) An environmental harm is an adverse
impact on land, air, or water resources which resources include, but are not
limited to, plant and animal life.
An environmental harm is imminent, if a
condition, practice, or violation exists which:
(a) Is causing such harm; or
(b) May reasonably be expected to cause such
harm at any time before the end of the reasonable abatement time that would be
set under section 1513.02 of the Revised
environmental harm is significant if that harm is appreciable and not
(BBBBBB) "Slope" means average inclination of
a surface, measured from the horizontal.
"Soil horizons" means contrasting
layers of soils parallel or nearly parallel to the land surface. Soil horizons
are differentiated on the basis of field characteristics and laboratory data.
The four master soil horizons are:
horizon." The uppermost mineral layer, often called the surface soil. It is the
part of the soil in which organic matter is most abundant, and leaching of
soluble or suspended particles is typically the greatest;
(2) "E horizon." The layer commonly near the
surface below an A horizon and above a B horizon. An E horizon is most commonly
differentiated from an overlying A horizon by lighter color and generally has
measurably less organic matter than the A horizon. An E horizon is most
commonly differentiated from an underlying B horizon in the same sequum by
color of higher value or lower chroma, by coarser texture, or by a combination
of these properties;
horizon." The layer that typically is immediately beneath the E horizon. This
middle layer commonly contains more clay, iron, or aluminum than the A, E or C
(4) "C horizon." The
deepest layer of the soil profile. It consists of loose material or weathered
rock that is relatively unaffected by biologic activity.
(DDDDDD) "Soil survey" means a field and
other investigation, resulting in a map showing the geographic distribution of
different kinds of soils and an accompanying report that describes, classifies,
and interprets such soils for use. Soil surveys must meet the standards of the
national cooperative soil survey.
(EEEEEE) "Spoil" means overburden that has
been removed during coal mining operations, including underground development
materials, but does not include topsoil.
(FFFFFF) "Stabilize" means any method used to
control movement of soil, spoil piles, or areas of disturbed earth and
includes, but is not limited to, increasing bearing capacity, increasing shear
strength, draining, compacting or revegetating.
(GGGGGG) "Subirrigation" means the supplying
of water to plants from underneath or from a semisaturated or saturated
subsurface zone where water is available for use by vegetation.
(HHHHHH) "Subsoil" means the B and C horizons
or, in instances where the area has been disturbed by agricultural practices,
that soil below the soil ordinarily moved in the tillage or its equivalent in
"Substantial legal and financial commitments in a coal mining operation" means
significant investments that have been made on the basis of a long-term coal
contract in power plants, railroads, coal-handling, preparation, extraction or
storage facilities and other capital-intensive activities. An example would be
an existing mine, not actually producing coal, but in a substantial stage of
development prior to production. Costs of acquiring the coal in place or of the
right to mine it without an existing mine, as described in the above example,
alone are not sufficient to constitute substantial legal and financial
disturb" means, for purposes of coal exploration, to affect significantly land
or water resources by blasting, by removal of vegetation, topsoil, or
overburden, by construction of roads or other access routes, by placement of
excavated earth or waste material on the natural land surface, or by other such
facilities" means those facilities resulting from or incident to coal mining
and reclamation operations and the areas upon which such facilities are
located. Support facilities may consist of, but are not limited to, the
following facilities: mine buildings; bathhouses; coal loading facilities, coal
crushing facilities; coal sizing facilities; coal storage facilities, equipment
and storage facilities; fan buildings; hoist buildings; sheds, shops, and other
buildings; facilities used to treat and store water for mine consumption; and
railroads, surface conveyor systems, chutes, aerial tramways, or other
transportation facilities, but not including public roads. "Resulting from or
incident to" an activity connotes an element of proximity to that
(LLLLLL) "Surety bond"
means an indemnity agreement in a sum certain payable only to the state,
executed by the permittee or applicant as principal and which is supported by
the performance guarantee of a corporation licensed to do business as a surety
in this state.
mining operations" 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.
(NNNNNN) "Surface water" means water, either
flowing or standing on the surface of the earth.
(OOOOOO) "Surveyor" means a professional
surveyor registered in accordance with the requirements of Chapter 4733. of the
solids" or "nonfilterable residue," expressed as milligrams per liter, means
organic or inorganic materials carried or held in suspension in water which are
retained by a standard glass fiber filter in the procedure outlined by the
environmental protection agency's regulations for wastewater and analyses ( 40
C.F.R. part 136
"Temporary diversion" means a diversion of a stream or overland flow which is
used during coal exploration or coal mining and reclamation operations and not
approved by the chief to remain after reclamation as part of the approved
postmining land use.
"Temporary impoundment" means an impoundment used during coal mining and
reclamation operations, but not approved by the chief to remain as part of the
approved postmining land use.
(SSSSSS) "Topsoil" means the A and E horizon
layers, or in instances in which the area has been disturbed by agricultural
practices, the soil ordinarily moved in tillage, or its equivalent in
forming materials" means earth materials or wastes having a pH of less than 4.0
or a calcium carbonate deficiency of five tons or more per one thousand tons of
material. By order of the chief, such other earth materials or wastes shall be
designated toxic which, if acted upon by air, water, weathering, or
microbiological processes, are likely to produce chemical or physical
conditions in soils or water that are detrimental to biota or uses of
drainage" means water that is discharged from active or abandoned mines and
other areas affected by coal mining operations and which contains a substance
which, through chemical action or physical effects, is likely to kill, injure,
or impair biota commonly present in the area that might be exposed to
or sale of permit rights" means a change of a permittee, including, but not
limited to, any fundamental legal change in the structure or nature of a
a name change, or a change in the ownership and
operational control of a permittee to a person who has not held a permit issued
under Chapter 1513. of the Revised Code for a period of not less than five
years where the existence and name of the permittee remain the
(WWWWWW) "Trust fund"
means money, securities or other property held by a trustee for the benefit of
the state that is devoted to the purpose of providing assurance that funds will
be available when needed to comply with Chapter 1513. of the Revised Code and
rules adopted thereunder and that irrevocably establishes the state as the
"Unanticipated event or conditions" as used in rule
of the Administrative Code, means an event or condition related to prior mining
activity which arises from a surface coal mining and reclamation operation on
lands eligible for remining and was not contemplated in the applicable
development waste" means waste-rock mixtures of coal, shale, claystone,
siltstone, sandstone, limestone, or related materials that are excavated,
moved, and disposed of from underground workings in connection with underground
"Underground mining operations" means underground mining surface operations and
"Underground mining surface operations" means the surface operations incident
to underground extraction of coal or in situ processing, such as construction,
use, maintenance, and reclamation of roads, above-ground repair areas, storage
areas, processing areas, shipping areas, areas upon which are sited support
facilities including hoists and ventilating ducts, areas utilized for the
disposal and storage of waste, and areas on which materials incident to
underground mining operations are placed.
(BBBBBBB) "Underground workings" means
underground operations such as underground construction, operation, and
reclamation of shafts, adits, underground support facilities, in situ
processing and underground mining, hauling, storage and blasting.
(CCCCCCC) "Unwarranted failure to comply"
means the failure of the permittee to prevent the occurrence of any violation
of the permit or any requirement of Chapter 1513. of the Revised Code or these
rules, due to indifference, lack of diligence, or lack of reasonable care, or
the failure to abate any violation of such permit or Chapter 1513. of the
Revised Code or these rules due to indifference, lack of diligence, or lack of
existing rights" means a set of circumstances under which a person demonstrates
compliance with the standards under paragraph (A) or (B) of rule
of the Administrative Code and may, subject to the chief's approval, conduct
coal mining operations on lands where division (D) of section
of the Revised Code or
of the Administrative Code would otherwise prohibit such operations.
(EEEEEEE) "Valley fill" means a fill
structure consisting of any material, other than organic material, that is
placed in a valley where side slopes of the existing valley, measured at the
steepest point, are greater than twenty degrees, or where the average slope of
the profile of the existing valley from the toe of the fill to the top of the
fill is greater than ten degrees.
"Violation," for the purposes of
paragraph (D) of rule
of the Administrative Code, means:
failure to comply with an applicable provision of a federal or state law or
regulation pertaining to air or water environmental protection, as evidenced by
a written notification from a governmental entity to the responsible person;
A noncompliance for which
the chief has provided one or more of the following types of notice, or the
office of surface mining of the U.S. department of the interior or another
state regulatory authority has provided equivalent notice under corresponding
provisions of the federal regulatory program or a state regulatory program:
(a) A notice of violation;
(b) A cessation order;
(c) A final order, bill, or demand letter
pertaining to a delinquent civil penalty;
A bill or demand letter pertaining to
delinquent reclamation fees owed to the office of surface mining of the U.S.
department of the interior under 30 C.F.R. Part 870
(e) A performance security or bond forfeiture
"Violation notice," for the
purposes of rule
paragraph (D) of rule
of the Administrative Code, means any written notification from a regulatory
authority or other governmental entity of a violation, as specified in the
definition of "violation" in this rule.
(HHHHHHH) "Water table" means the upper
surface of a zone of saturation where the body of ground water is not confined
by an overlying impermeable zone.
(IIIIIII) "Water quality standards" means the
rules set forth in Chapter 3745-1 of the Administrative Code establishing
stream use designations and water quality criteria protective of such uses for
the surface waters of the state.
(JJJJJJJ) "Willful violation" means an act or
omission which violates a provision of Chapter 1513. of the Revised Code or
these rules, other applicable state or federal laws, or a condition of a
permit, committed by a person who intends the result which actually
For dates of
federal rules and federal laws referenced in this rule, see rule
of the Administrative Code.