Ohio Admin. Code 1501:13-5-01 - Review, public participation, and approval or disapproval of permit applications and permit terms and conditions
(A) Public notices of filing of permit
applications, applications for significant revisions to permits, and
applications for permit renewal.
(1) After
the chief determines an application for a permit, for a significant revision to
a permit, or for a permit renewal to be complete, the applicant shall place an
advertisement in a local newspaper of general circulation in the locality of
the proposed coal mining and reclamation operations at least once a week for
four consecutive weeks. The advertisement shall contain, at a minimum, the
following information:
(a) The name and
business address of the applicant;
(b) A description which shall:
(i) Clearly describe towns, rivers, streams,
or other bodies of water, local landmarks, and any other information, including
routes, streets, or roads and accurate distance measurements, necessary to
allow local residents to readily identify the proposed permit area;
(ii) Clearly describe the exact location and
boundaries of the proposed permit area; and
(iii) State the name of the U.S. geological
survey 7.5 minute quadrangle map(s) which contains the area
described;
(c) The
location where a copy of the application is available for public inspection
under paragraph (A)(4) of this rule;
(d) The address of the "Division of Mineral
Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229" to
which written comments, objections, or requests for informal conferences on the
application may be submitted under paragraph (B) of this rule and rule
1501:13-14-05
of the Administrative Code;
(e) If
the application includes a road permit, approved by the road authority, to
conduct coal mining operations within one hundred feet of the outside
right-of-way of a public road or to relocate or close a public road, a concise
statement describing the public road, the particular part to be relocated,
where the relocation is to occur, and the approximate timing and duration of
the relocation or closing;
(f) If
the application includes a request for an experimental practice under rule
1501:13-4-12
of the Administrative Code, a statement indicating that an experimental
practice is requested and identifying the rule of the Administrative Code for
which a variance is requested; and
(g) If the application includes a request for
restoration off the permit area by means of mitigation pursuant to rule
1501:13-13-08
of the Administrative Code, a statement indicating that such restoration is
requested.
(2) Upon
receipt of a complete application for a permit, for a significant revision to a
permit or for a permit renewal, the chief shall issue written notification of:
(a) The applicant's intention to conduct coal
mining and reclamation operations at a particularly described tract of
land;
(b) The application or permit
number;
(c) Where a copy of the
application may be inspected; and
(d) Where comments on the application may be
submitted under paragraph (B) of this rule.
(3) The written notification described in
paragraph (A)(2) of this rule shall be sent to:
(a) Federal, state, and local government
agencies with jurisdiction over or an interest in the area of the proposed
operations;
(b) Government planning
agencies with jurisdiction to act with regard to land use, air, or water
quality planning in the area of the proposed operations;
(c) Sewage and water treatment authorities
and water companies, either providing sewage or water services to users in the
area of the proposed operations or having water sources or collection,
treatment, or distribution facilities located in these areas;
(d) The federal or state government agencies
with authority to issue all other permits and licenses needed by the applicant
in connection with operations proposed in the application; and
(e) The board of county commissioners, the
board of township trustees, the legislative authorities of municipal
corporations, private water companies, regional councils of governments, and
the boards of directors of conservancy districts in each county or part of a
county in which the proposed operations are located.
(4) Availability of permit applications,
applications for significant revisions to permits, and applications for permit
renewal.
(a) The applicant shall make a full
copy of the complete application for a permit, a significant permit revision,
or a permit renewal available for the public to inspect and copy. This shall be
done by filing a copy of the application submitted to the chief at the division
of mineral resources management district office responsible for inspection of
the proposed operation, or if no such office is maintained in the county where
the mining is proposed to occur, the applicant shall file a copy of the
application with the county recorder of that county or at the office of the
natural resources conservation service of the United States department of
agriculture located in the county where the mining is proposed to
occur.
(b) The applicant shall file
the copy of the complete application under paragraph (A)(4)(a) of this rule by
the first date of newspaper advertisement of the application. The applicant
shall file any subsequent changes to the application with the public office at
the same time the change is submitted to the chief.
(B) Comments and objections on
permit applications, applications for significant revisions to permits and
applications for permit renewal.
(1) Within
thirty days of notification by the chief, as provided under paragraph (A)(3) of
this rule, written comments or objections on an application for a permit,
significant revision to a permit, or permit renewal may be submitted to the
chief by such public entities with respect to the effects of the proposed
mining operations on the environment within their area of responsibility.
(2) Written comments regarding or
objections to an application for a permit, significant revision to a permit, or
permit renewal may be submitted to the chief by any person having an interest
which is or may be adversely affected by the decision on the application, or by
an officer or head of any federal, state or local government agency or
authority, within thirty days after the last publication of the newspaper
notice required under paragraph (A) of this rule.
(3) The chief shall, upon receipt of such
written comments or objections, transmit a copy of such written comments or
objections to the applicant and file a copy for public inspection at the same
public office where the application is filed.
(C) Informal conferences. Any person having
an interest which is or may be adversely affected by the issuance of or
significant revision to a permit, or by the renewal of a permit, or the officer
or head of any federal, state or local government agency or authority may, in
writing, within thirty days after the last publication of the newspaper notice
required under paragraph (A) of this rule, request that the chief hold an
informal conference in accordance with rule
1501:13-14-05
of the Administrative Code.
(D)
Review of permit applications, applications for revisions to permits, and
applications for permit renewals.
(1)
Preliminary review by the chief.
(a) The chief
shall review the complete application and any written comments or written
objections submitted, and records of any informal conference held under rule
1501:13-14-05
of the Administrative Code.
(b) The
applicant for a permit, revision to a permit, or permit renewal shall have the
burden of establishing that the application is in compliance with all of the
requirements of Chapter 1513. of the Revised Code and these rules.
(2) Time frames for review.
(a) If there has been no informal conference
held pursuant to section
1513.071 of the Revised Code,
the chief shall submit to the applicant for a permit the written finding of the
chief granting or denying the permit in whole or in part and stating the
reasons therefor within the time frames established in paragraph (D)(2)(b) of
this rule. If there has been an informal conference held pursuant to section
1513.071 of the Revised Code,
the chief shall submit to the applicant for a permit the written finding of the
chief granting or denying the permit in whole or in part and stating the
reasons therefor within the time frames established in paragraph (B)(3) of rule
1501:13-14-05
of the Administrative Code and paragraph (D)(2)(b) of this rule.
(b) The chief shall grant or deny a permit
not later than two hundred forty business days after the submission of a
complete application for the permit. Any time during which the applicant is
making revisions to the application or providing additional information
requested by the chief regarding an application shall not be included in the
two hundred forty business days. If the chief determines that a permit cannot
be granted or denied within the two-hundred-forty-business-day time frame, the
chief, not later than two hundred ten business days after the submission of a
complete application for the permit, shall provide the applicant with written
notice of the expected delay.
(3) If the chief decides to approve the
application, he or she shall require that the applicant file the performance
security before the permit is issued, in accordance with the requirements of
Chapter 1513. of the Revised Code and division 1501:13 of the Administrative
Code.
(4) The chief shall
determine, based on the list of violation notices submitted as part of the
application under paragraph (C)(3) of rule
1501:13-4-03
of the Administrative Code or on available information concerning federal or
state failure-to-abate cessation orders, unabated federal or state imminent
harm cessation orders, delinquent civil penalties issued pursuant to rule
1501:13-14-03 of
the Administrative Code or section 518 of the Surface Mining Control and
Reclamation Act of 1977 (
30
U.S.C. 1268 ), delinquent abandoned mine
reclamation fees, or forfeitures of a coal mining bond, performance security,
or similar security deposited in lieu of a bond in this or any other state or
with the United States where the violations upon which the forfeitures were
based have not been corrected, that any coal mining operation owned or
controlled by the applicant or by any person who owns or controls the applicant
is not currently in violation of any law, rule, or regulation of the United
States or any state law, rule or regulation enacted pursuant to federal law,
rule or regulation pertaining to air or water environmental protection. If this
determination cannot be made, the chief shall not issue the permit. The chief
shall require the applicant, before the issuance of the permit, to either:
(a) Submit to the chief proof that the
violation has been corrected or is in the process of being corrected to the
satisfaction of the agency that has jurisdiction over the violation, and submit
to the chief proof that any civil penalties owed to the state for a violation
not the subject of an appeal have been paid; or
(b) Establish for the chief that the
applicant, or any person owned or controlled by either the applicant or any
person who owns or controls the applicant, has filed and is presently pursuing,
in good faith, a direct administrative or judicial appeal to contest the
validity of that violation. If the administrative or judicial hearing authority
affirms the violation, then any coal mining operations being conducted under a
permit issued according to this paragraph shall be immediately terminated,
unless and until the provisions of paragraph (D)(4)(a) of this rule are
satisfied.
(5) For the
purposes of paragraph (D)(4) of this rule, the chief may presume that, in the
absence of a failure-to-abate cessation order, a notice of violation issued
pursuant to paragraph (B) of rule
1501:13-14-02 of the
Administrative Code or under any equivalent state or federal law, rule or
regulation has been or is being corrected to the satisfaction of the agency
with jurisdiction over the violation, except where evidence to the contrary is
set forth in the permit application, or where the notice of violation is issued
for nonpayment of abandoned mine reclamation fees or civil penalties.
(6) No permit shall be issued to an applicant
if a determination is made by the chief that the applicant, anyone who owns or
controls the applicant, or the operator specified in the application controls
or has controlled mining operations with a demonstrated pattern of willful
violations of Chapter 1513. of the Revised Code and these rules 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 Chapter 1513. of the Revised Code
or division 1501:13 of the Administrative Code.
(7) Any permit that is issued on the basis of
proof submitted under paragraph (D)(4)(a) of this rule that a violation is in
the process of being corrected, or pending the outcome of an appeal described
in paragraph (D)(4)(b) of this rule, shall be conditionally issued.
(8) Subsequent to the effective date of this
rule, the prohibitions of paragraph (D)(4) of this rule regarding the issuance
of a new permit, shall not apply to any violation that:
(a) Occurs after that date;
(b) Is unabated; and
(c) Results from an unanticipated event or
condition that arises from a surface coal mining and reclamation operation on
lands that are eligible for remining under a permit:
(i) Issued pursuant to paragraph (L) of rule
1501:13-4-12
of the Administrative Code; and
(ii) Held by the person making application
for the new permit.
(d)
For permits issued under paragraph (L) of rule
1501:13-4-12
of the Administrative Code, an event or condition shall be presumed to be
unanticipated for the purposes of this paragraph if it:
(i) Arose after permit issuance;
(ii) Was related to prior mining;
and
(iii) Was not identified in the
permit.
(E) Criteria for approval or denial of an
application. No application for a permit, significant revision to a permit, or
permit renewal shall be approved unless the application affirmatively
demonstrates, and the chief finds, in writing, on the basis of information set
forth in the application or from information otherwise available, that is
documented in the approval and made available to the applicant, that:
(1) The application is accurate and complete
and that all requirements of Chapter 1513. of the Revised Code and all rules
adopted thereunder have been complied with;
(2) The applicant has demonstrated that coal
mining and reclamation operations, as required by Chapter 1513. of the Revised
Code and all rules adopted thereunder, can be feasibly accomplished under the
mining and reclamation operations plan contained in the application;
(3) The assessment of the probable cumulative
hydrologic impacts of all anticipated coal mining in the general area on the
hydrologic balance, as described in divisions (B)(1)(k) and (E)(2)(c) of
section 1513.07 of the Revised Code, has
been made by the chief and the operations proposed under the application have
been designed to prevent material damage to the hydrologic balance outside the
proposed permit area;
(4) The
proposed permit area is:
(a) Not included
within an area designated unsuitable for coal mining operations under rule
1501:13-3-07
of the Administrative Code;
(b) Not
within an area under study for designation as unsuitable for coal mining
operations in an administrative proceeding begun under rule
1501:13-3-07
of the Administrative Code, unless the applicant demonstrates that, before
January 4, 1977, substantial legal and financial commitments were made in
relation to the operation for which the applicant is applying for a
permit;
(c) Not on any lands
subject to the prohibitions or limitations of paragraph(A)(1), (A)(2), (A)(6),
(A)(7) or (A)(8) of rule
1501:13-3-03
of the Administrative Code;
(d) Not
within one hundred feet of the outside right-of-way line of any public road,
except as provided for in paragraph (C) of rule
1501:13-3-04
of the Administrative Code; and
(e)
Not within three hundred feet from any occupied dwelling, except as provided
for in paragraph (A)(5) of rule
1501:13-3-03
or paragraph (D) of rule
1501:13-3-04
of the Administrative Code;
(5) The proposed operations will not
adversely affect any publicly owned parks or places included in the "National
Register of Historic Places," administered by the national parks service, U.S.
department of the interior, except as provided for in paragraph (A)(3) of rule
1501:13-3-03
of the Administrative Code. The website for the "National Register of Historic
Places" for Ohio sites is
www.nationalregisterofhistoricplaces.com/oh/state.html;
(6) For operations involving the mining of
coal where the private mineral estate to be mined has been severed from the
private surface estate and surface disturbance will result from the applicant's
proposed use of a surface mining method, the applicant has submitted to the
chief the documentation required under paragraph (D)(2)
(3) of rule
1501:13-4-03
of the Administrative Code;
(7) The
applicant has either:
(a) Submitted the proof
required by paragraph (D)(4)(a) of this rule; or
(b) Made the demonstration required by
paragraph (D)(4)(b) of this rule;
(8) The applicant has submitted proof, by
affidavit and supporting documentation, that all reclamation fees from previous
and existing operations as required by Subchapter R of Chapter VII of Title 30
of the Federal Code of Regulations have been paid;
(9) The coal mining and reclamation
operations to be performed under the permit will not be inconsistent with other
such operations anticipated to be performed during the same permit term in
areas adjacent to the proposed permit area;
(10) The applicant will submit the
performance security required under Chapter 1513. of the Revised Code and these
rules prior to the issuance of the permit;
(11) The applicant has, with respect to prime
farmland, obtained either a negative determination or satisfied the
requirements of paragraph (F) of rule
1501:13-4-12
of the Administrative Code;
(12)
The proposed postmining land use of the permit area has been approved by the
chief in accordance with the requirements of rule
1501:13-9-17
of the Administrative Code;
(13)
The chief has made all specific approvals required under division 1501:13 of
the Administrative Code;
(14) The
operations are not likely to jeopardize the continued existence of endangered
or threatened species or are not likely to result in the destruction or adverse
modification of their critical habitats as determined under the Endangered
Species Act of 1973, as amended (
16
U.S.C. 1531 et seq.);
(15) The applicant has satisfied the
applicable permit requirements for special categories of mining under
requirements of rule
1501:13-4-12
of the Administrative Code;
(16)
The chief has taken into account the effect of the proposed permitting action
on properties listed on or eligible for listing on the "National Register of
Historic Places," as referenced in paragraph (E)(5) of this rule. Some of the
ways in which the chief may take into account the effect of the proposed
permitting action on such historic resources include, but are not limited to:
(a) Imposing permit conditions which protect
the historic resource;
(b)
Requiring revision of the proposed operation plan before application approval;
and
(c) Concluding in a written
finding that no protection measures are necessary;
(17) The applicant has demonstrated that any
existing structure will comply with the requirements of paragraph (C) of rule
1501:13-1-01
of the Administrative Code and the applicable performance standards of division
1501:13 of the Administrative Code;
(18) For a proposed remining operation where
the applicant intends to reclaim in accordance with the requirements of
paragraph (L)(3) of rule
1501:13-9-14
of the Administrative Code, the site of the operation is a previously mined
area as defined in rule
1501:13-1-02 of the
Administrative Code; and
(19) For
operations which will include remining areas under paragraph (L) of rule
1501:13-4-12
of the Administrative Code, the application includes:
(a) Lands eligible for remining;
(b) An identification of the potential
environmental and safety problems related to prior mining activity which could
reasonably be anticipated to occur at the site; and
(c) Mitigation plans to sufficiently address
these potential environmental and safety problems so that reclamation as
required by the applicable requirements of Chapter 1513. of the Revised Code
can be accomplished.
(F) Final compliance review. After an
application is approved, but before the permit is issued, the chief shall
reconsider his or her decision to approve the application, based on the
compliance review required by paragraph (D)(4) of this rule in light of any new
information submitted under paragraphs (B)(11) and (C)(5) of rule
1501:13-4-03
of the Administrative Code.
(G)
Conditions of permits: general and right of entry. Each permit issued by the
chief shall ensure and contain specific conditions requiring that:
(1) Except to the extent that the chief
otherwise directs in the permit that specific actions be taken, the permittee
shall conduct all coal mining and reclamation operations as described in the
complete application;
(2) The
permittee shall allow the authorized representatives of the secretary of the
department of the interior, including, but not limited to, inspectors and fee
compliance officers, and the chief and his or her authorized representatives,
without advance notice or a search warrant, upon presentation of appropriate
credentials, and without delay, to:
(a) Have
the rights of entry provided for in paragraph (B) of rule
1501:13-14-01 of the
Administrative Code; and
(b) Be
accompanied by private persons for the purpose of conducting an inspection in
accordance with rule
1501:13-14-01 of the
Administrative Code when the inspection is in response to an alleged violation
reported to the chief by the private person;
(3) The permittee shall conduct coal mining
and reclamation operations only on those lands specifically designated on the
maps submitted under rules
1501:13-4-04,
1501:13-4-05,
1501:13-4-07,
1501:13-4-08,
1501:13-4-08.1, 1501:13-4-13 and 1501:13-4-14 of the Administrative Code and
approved for the term of the permit and which are subject to the performance
security in effect pursuant to Chapter 1501:13-7 of the Administrative Code.
The permit shall contain a specific condition to prohibit the commencement of
coal mining operations on any land that is located within the permit area or
the shadow area if the permittee has not provided to the chief documents that
form the basis of the permittee's legal right to enter and conduct coal mining
operations on that land;
(4) The
permittee shall not operate without adequate performance security coverage in
effect at all times; and
(5) Within
thirty days after a cessation order is issued under rule
1501:13-14-02 of the
Administrative Code or
30 C.F.R.
843.11, for operations conducted under the
permit, except where a stay of the cessation order is granted and remains in
effect, the permittee shall submit to the chief the following information,
current to the date the cessation order was issued, or notify the chief in
writing that there has been no change since the immediately preceding submittal
of such information:
(a) Any new information
needed to correct or update the information previously submitted to the chief
by the permittee under paragraph (B)(5) of rule
1501:13-4-03
of the Administrative Code; or
(b)
If not previously submitted, the information required from a permit applicant
by paragraph (B)(5) of rule
1501:13-4-03
of the Administrative Code.
(H) Conditions of permits: environment,
public health and safety. Each permit issued by the chief shall ensure and
contain specific conditions requiring that:
(1) The permittee shall take all possible
steps to minimize any adverse impacts to the environment or public health and
safety resulting from noncompliance with any term or condition of the permit,
including, but not limited to:
(a) Any
accelerated or additional monitoring necessary to determine the nature and
extent of noncompliance and the results of the noncompliance;
(b) Immediate implementation of measures
necessary to comply; and
(c)
Warning, as soon as possible after learning of such noncompliance, any person
whose health and safety is in imminent danger due to the
noncompliance;
(2) The
permittee shall dispose of solids, sludge, filter backwash, or pollutants
removed in the course of treatment or control of waters or emissions to the air
in the manner required by Chapter 1513. of the Revised Code and all rules
adopted thereunder and which prevents violation of any other applicable state
or federal law;
(3) The permittee
shall conduct his or her operations:
(a) In
accordance with any measures specified in the permit as necessary to prevent
significant, imminent environmental harm to the health and safety of the
public; and
(b) Utilizing any
methods specified in the permit by the chief in approving alternative methods
of compliance with the performance standards of Chapter 1513. of the Revised
Code and all rules adopted thereunder;
(4) As applicable, the permittee shall comply
with paragraph (C) of rule
1501:13-1-01
of the Administrative Code and with the permanent or interim program
requirements of division 1501:13 of the Administrative Code for compliance,
modification, or abandonment of existing structures; and
(5) The permittee shall pay all reclamation
fees, as required by Subchapter R of Chapter VII of Title 30 of the Federal
Code of Regulations for coal produced under the permit for sale, transfer or
use.
(I) For dates of
federal rules and federal laws referenced in this rule, see rule
1501:13-1-14
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 1513.02, 1513.07
Rule Amplifies: 1513.07, 1513.071, 1513.08
Prior Effective Dates: 08/16/1982 (Emer.), 10/27/1982, 10/01/1988, 12/27/1990, 08/05/1991, 01/01/1993, 03/31/1997, 04/15/2004, 04/30/2009, 10/28/2010, 01/17/2016, 06/28/2018
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