Regards limestone, dolomite mining; increase severance taxes

sb181_02_PS

As Passed by the Senate

136th
General Assembly

Regular
Session
Sub. S. B. No. 181

2025-2026

Senator Wilkin

Cosponsors: Senators Schaffer,
Cirino, DeMora, Liston, Patton, Reineke

To
amend sections 1514.01, 1514.02, 1514.021, 1514.022, 1514.023,
1514.024, 1514.03, 1514.04, 1514.05, 1514.07, 1514.071, 1514.08,
1514.09, 1514.11
,
1514.13
,
1514.40, 1514.41, 1514.42, 1514.43, 1514.44, 1514.45, 1514.46,
1514.50, 1514.99, and 1563.11 and to enact sections 1514.091,
1514.092, 1514.093, 1514.48, 1514.60, 1514.61, 1514.62, 1514.63,
1514.64, 1514.65, 1514.66, 1514.67, 1514.68, 1514.69, 1514.70, and
1514.71 of the Revised Code
to
establish regulations for the underground mining of limestone and
dolomite.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 1514.01, 1514.02, 1514.021, 1514.022, 1514.023, 1514.024,
1514.03, 1514.04, 1514.05, 1514.07, 1514.071, 1514.08, 1514.09,
1514.11
,
1514.13
,
1514.40, 1514.41, 1514.42, 1514.43, 1514.44, 1514.45, 1514.46,
1514.50, 1514.99, and 1563.11 be amended and sections 1514.091,
1514.092, 1514.093, 1514.48, 1514.60, 1514.61, 1514.62, 1514.63,
1514.64, 1514.65, 1514.66, 1514.67, 1514.68, 1514.69, 1514.70, and
1514.71 of the Revised Code be enacted to read as follows:

Sec.
1514.01.
As
used in
this
chapter
sections
1514.01 to 1514.50 of the Revised Code
:

(A)
"Surface mining" means all or any part of a process
followed in the production of minerals from the earth or from the
surface of the land by surface excavation methods, such as open pit
mining, dredging, placering, or quarrying, and includes the removal
of overburden for the purpose of determining the location, quantity,
or quality of mineral deposits, and the incidental removal of coal at
a rate less than one-sixth the total weight of minerals and coal
removed during the year, but does not include: test or exploration
boring; mining operations carried out beneath the surface by means of
shafts, tunnels, or similar mine openings; the extraction of
minerals, other than coal, by a landowner for the landowner's own
noncommercial use where such material is extracted and used in an
unprocessed form on the same tract of land; the extraction of
minerals, other than coal, from borrow pits for highway construction
purposes, provided that the extraction is performed under a bond, a
contract, and specifications that substantially provide for and
require reclamation practices consistent with the requirements of
this chapter; the removal of minerals incidental to construction
work, provided that the owner or person having control of the land
upon which the construction occurs, the contractor, or the
construction firm possesses a valid building permit; the removal of
minerals to a depth of not more than five feet, measured from the
highest original surface elevation of the area to be excavated, where
not more than one acre of land is excavated during twelve successive
calendar months; routine dredging of a watercourse for purely
navigational or flood control purposes during which materials are
removed for noncommercial purposes, including activities conducted by
or on behalf of a conservancy district, organized under Chapter 6101.
of the Revised Code, for flood control purposes that are exempt from
permitting requirements under section 10 of the "Rivers and
Harbors Act of 1899," 30 Stat. 1151, 33 U.S.C. 403, as amended;
or the extraction or movement of soil or minerals within a solid
waste facility, as defined in section 3734.01 of the Revised Code,
that is a sanitary landfill when the soil or minerals are used
exclusively for the construction, operation, closure, and
post-closure care of the facility or for maintenance activities at
the facility.

(B)
"Minerals" means sand, gravel, clay, shale, gypsum, halite,
limestone, dolomite, sandstone, other stone, metalliferous or
nonmetalliferous ore, or other material or substance of commercial
value excavated in a solid state from natural deposits on or in the
earth, but does not include coal or peat.

(C)
"Overburden" means all of the earth and other materials
that cover a natural deposit of minerals and also means such earth
and other materials after removal from their natural state in the
process of surface mining.

(D)
"Spoil bank" means a pile of removed overburden.

(E)
"Area of land affected" means the area of land that has
been excavated, or upon which a spoil bank exists, or both.

(F)(1)
"Operation" or "surface mining operation" means
all of the premises, facilities, and equipment used in the process of
removing minerals, or minerals and incidental coal, by surface mining
from a mining area in the creation of which mining area overburden or
minerals, or minerals and incidental coal, are disturbed or removed
,
such surface mining area being located upon a single tract of land or
upon two or more contiguous tracts of land. Separation by a stream or
roadway shall not preclude the tracts from being considered
contiguous
.

(2)
When the context indicates, "operation" or "in-stream
mining operation" means all of the premises, facilities, and
equipment used in the process of removing minerals by in-stream
mining from a mining area.

(3)
When the context indicates, "operation" or "underground
minerals mining operation" has the same meaning as in section
1514.60 of the Revised Code.

(G)
"Operator" means any person engaged in surface mining who
removes minerals, or minerals and incidental coal, from the earth by
surface mining or who removes overburden for the purpose of
determining the location, quality, or quantity of a mineral deposit.
"Operator" also means any person engaged in in-stream
mining who removes minerals from the bottom of the channel of a
watercourse by in-stream mining.

"Operator" also includes an underground minerals mining
operator as defined in section 1514.60 of the Revised Code when the
context so indicates.

(H)
"Performance bond" means the surety bond required to be
filed under section 1514.04 of the Revised Code and includes cash, an
irrevocable letter of credit, and negotiable certificates of deposit
authorized to be deposited in lieu of the surety bond under that
section.

(I)
"Dewatering" means the withdrawal of ground water from an
aquifer or saturated zone that may result in the lowering of the
water level within the aquifer or saturated zone or a decline of the
potentiometric surface within that aquifer or saturated zone.

(J)
"Ground water" means all water occurring in an aquifer.

(K)
"Cone of depression" means a depression or low point in the
water table or potentiometric surface of a body of ground water that
develops around a location from which ground water is being
withdrawn.

(L)
"High water mark" means the line on the shore that is
established by the fluctuations of water and indicated by physical
characteristics such as a natural line impressed on the bank;
shelving; changes in the character of soil; destruction of
terrestrial vegetation; the presence of litter and debris; or other
appropriate means that consider the characteristics of the
surrounding area.

(M)
"In-stream mining" means all or any part of a process
followed in the production of minerals from the bottom of the channel
of a watercourse that drains a surface area of more than one hundred
square miles. "In-stream mining" may be accomplished by
using any technique or by using surface excavation methods, such as
open pit mining, dredging, placering, or quarrying, and includes the
removal of overburden for the purpose of determining the location,
quantity, or quality of mineral deposits. "In-stream mining"
does not include either of the following:

(1)
Routine dredging for purely navigational or flood control purposes
during which materials are removed for noncommercial purposes;

(2)
The extraction of minerals, other than coal, by a landowner for the
landowner's own noncommercial use when the material is extracted and
used in an unprocessed form on the same tract of land.

For
purposes of division (M) of this section, the number of square miles
of surface area that a watercourse drains shall be determined by
consulting the "gazetteer of Ohio streams," which is a
portion of the Ohio water plan inventory published in 1960 by the
division of water in the department of natural resources, or its
successor, if any.

(N)
In provisions concerning in-stream mining, when the context is
appropriate, "land" is deemed to include an area of a
watercourse.

(O)
"Watercourse" means any naturally occurring perennial or
intermittent stream, river, or creek flowing within a defined stream
bed and banks.

(P)
"Certified mine foreperson" means the person whom the
operator of a surface mining operation places in charge of the
conditions and practices at the mine, who is responsible for
conducting workplace examinations under 30 C.F.R. part 56

or 30 C.F.R. part 57
,
as amended, and who has passed an examination for the position
administered by the division of mineral resources management.

(Q)
"Underground minerals mining" has the same meaning as in
section 1514.60 of the Revised Code.

(R)
"Activities related to making finished aggregate products"
includes the processing, loading, crushing, conveying, screening,
storing, washing, batching, mixing, heating, bagging, or drying
necessary to make a product comprised of at least seventy-five per
cent of an extracted industrial mineral.

Sec.
1514.02.
(A)
After the dates the chief of the division of mineral resources
management prescribes by rule pursuant to section 1514.08 of the
Revised Code, but not later than July 1, 1977, nor earlier than July
1, 1975, no operator shall engage in surface mining or conduct a
surface mining operation without a surface mining permit issued by
the chief.

No
person shall engage in in-stream mining or conduct an in-stream
mining operation without an in-stream mining permit issued by the
chief. However, a person who, on March 15, 2002, holds a valid permit
to conduct in-stream mining that is issued under section 10 of the
"Rivers and Harbors Appropriation Act of 1899," 30 Stat.
1151, 33 U.S.C. 403, as amended, shall not be required to obtain an
in-stream mining permit from the chief under this section until the
existing permit expires.

An
application for a surface or in-stream mining permit shall be upon
the form that the chief prescribes and provides and shall contain all
of the following:

(1)
The name and address of the applicant, of all partners if the
applicant is a partnership, or of all officers and directors if the
applicant is a corporation, and 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;

(2)
A list of the minerals and coal, if any coal, sought to be extracted,
an estimate of the annual production rates for each mineral and coal,
and a description of the land upon which the applicant proposes to
engage in a surface or in-stream mining operation, which description
shall set forth the names of the counties, townships, and municipal
corporations, if any, in which the land is located; the location of
its boundaries; and a description of the land of sufficient certainty
that it may be located and distinguished from other lands;

(3)
The name of each county, township, or municipal corporation, if any,
that has in effect a zoning resolution or ordinance that would affect
the proposed surface or in-stream mining operation or, if no such
zoning resolution or ordinance is in effect, a statement attesting to
that fact. The application also shall contain an explanation of how
the applicant intends to comply with any applicable
provisions
of a
zoning
resolution or ordinance.

(4)
An estimate of the number of acres of land that will comprise the
total area of land to be affected and an estimate of the number of
acres of land to be affected during the first year of operation under
the permit;

(5)
The name and address of the owner of surface rights in the land upon
which the applicant proposes to engage in surface or in-stream
mining;

(6)
A copy of the deed, lease, or other instrument that authorizes entry
upon the land by the applicant or the applicant's agents if surface
rights in the land are not owned by the applicant;

(7)
A statement of whether any surface or in-stream mining permits or
coal mining and reclamation permits are now held by the applicant in
this state and, if so, the numbers of the permits;

(8)
A statement of whether the applicant, any partner if the applicant is
a partnership, any officer 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 ever had a
surface or in-stream mining permit or coal mining and reclamation
permit issued by this or any other state suspended or revoked or has
ever forfeited a surface or in-stream mining or coal mining and
reclamation bond or cash, an irrevocable letter of credit, or a
security deposited in lieu of a bond;

(9)
A report of the results of test borings that the operator has
conducted on the area or otherwise has readily available, including,
to the extent that the information is readily available to the
operator, the nature and depth of overburden and material underlying
each mineral or coal deposit, and the thickness and extent of each
mineral or coal deposit. In the case of an application for an
in-stream mining permit, the report additionally shall include
sufficient information to show the approximate depth to bedrock. All
information relating to test boring results submitted to the chief
pursuant to this section shall be kept confidential and not made a
matter of public record, except that the information may be disclosed
by the chief in any legal action in which the truthfulness of the
information is material.

(10)
A complete plan for surface or in-stream mining and reclamation of
the area to be affected, which shall include a statement of the
intended future uses of the area and show the approximate sequence in
which mining and reclamation measures are to occur, the approximate
intervals following mining during which the reclamation of all
various parts of the area affected will be completed, and the
measures the operator will perform to prevent damage to adjoining
property and to achieve all of the following general performance
standards for mining and reclamation:

(a)
Prepare the site adequately for its intended future uses upon
completion of mining;

(b)

Where
a plan of zoning or other comprehensive plan has been adopted that
governs land uses or the construction of public improvements and
utilities for an area that includes the area sought to be mined,
ensure that future land uses within the site will not conflict with
the plan. On and after March 15, 2002, division (A)(10)(b) of this
section does not apply to any surface or in-stream mining permit or
applications for a surface or in-stream mining permit, any renewal of
an existing surface or in-stream mining permit or application for a
renewal of an existing surface or in-stream mining permit, any
amendment or application for an amendment to an existing surface or
in-stream mining permit, or any modification or application for a
modification of a mining and reclamation plan of an existing surface
or in-stream mining permit unless the application for such a permit,
renewal, amendment, or modification is a resubmission, revision, or
reconsideration of an application that was pending before the chief
or was first approved prior to March 15, 2002.

(c)

Grade,
contour, or terrace final slopes, wherever needed, sufficient to
achieve soil stability and control landslides, erosion, and
sedimentation. Highwalls will be permitted if they are compatible
with the future uses specified in the plan and measures will be taken
to ensure public safety. Where ponds, impoundments, or other
resulting bodies of water are intended for recreational use,
establish banks and slopes that will ensure safe access to those
bodies of water. Where such bodies of water are not intended for
recreation, include measures to ensure public safety, but access need
not be provided.

(d)
(c)

Resoil the area of land affected, wherever needed, with topsoil or
suitable subsoil, fertilizer, lime, or soil amendments, as
appropriate, in sufficient quantity and depth to raise and maintain a
diverse growth of vegetation adequate to bind the soil and control
soil erosion and sedimentation;

(e)
(d)

Establish a diverse vegetative cover of grass and legumes or trees,
grasses, and legumes capable of self-regeneration and plant
succession wherever required by the plan;

(f)
Remove or bury any metal, lumber, equipment, or other refuse
resulting from mining, and remove or bury any unwanted or useless
structures;

(g)
(e)

Reestablish boundary, section corner, government, and other survey
monuments that were removed by the operator;

(h)
(f)

During mining and reclamation, ensure that contamination, resulting
from mining, of underground water supplies is prevented. Upon
completion of reclamation, ensure that any watercourse, lake, or pond
located within the site boundaries is free of substances resulting
from mining in amounts or concentrations that are harmful to persons,
fish, waterfowl, or other beneficial species of aquatic life.

(i)
(g)

During mining and reclamation, control drainage so as to prevent the
causing of flooding, landslides, and flood hazards to adjoining lands
resulting from the mining operation. Leave any ponds in such
condition as to avoid their constituting a hazard to adjoining lands.

(j)
During mining and reclamation, ensure that the effect of any
reduction of the quantity of ground water is minimized;

(k)
Ensure that mining and reclamation are carried out in the sequence
and manner set forth in the plan and that reclamation measures are
performed in a timely manner. All reclamation of an area of land
affected shall be completed no later than three years following the
mining of the area unless the operator makes a showing satisfactory
to the chief that the future use of the area requires a longer period
for completing reclamation.

(l)
During mining, store topsoil or fill in quantities sufficient to
complete the backfilling, grading, contouring, terracing, and
resoiling that are specified in the plan. Stabilize the slopes of and
plant each spoil bank to control soil erosion and sedimentation
wherever substantial damage to adjoining property might occur.

(m)
During mining, promptly remove, store, or cover any coal, pyritic
shale, or other acid producing materials in a manner that will
minimize acid drainage and the accumulation of acid water;

(n)
During mining, detonate explosives in a manner that will prevent
damage to adjoining property;

(o)
In the case of in-stream mining, do all of the following:

(i)
Limit access to the channel of a watercourse to a single point of
entry on one bank of the watercourse;

(ii)
Maintain riparian vegetation to the fullest extent possible;

(iii)
Upon cessation of in-stream mining, stabilize and reclaim to the
pre-mined condition the banks of a watercourse affected by in-stream
mining.

(11)
For any applicant, except an applicant for an in-stream mining
permit, who intends to extract less than ten thousand tons of
minerals per year and no incidental coal, a current
notarized

tax
map
,
in triplicate and notarized,

and the appropriate United States geological survey seven and
one-half minute topographic map. Each copy shall bear the applicant's
name and shall identify the area of land to be affected corresponding
to the application.

(12)
For any applicant for a surface mining permit who intends to extract
ten thousand tons of minerals or more per year or who intends to
extract any incidental coal irrespective of the tonnage of minerals
intended to be mined, a map
,
in triplicate,

on a scale of not more than four hundred feet to the inch, or
three
copies of
an
enlarged United States geological survey topographic map on a scale
of not more than four hundred feet to the inch. Each application for
an in-stream mining permit shall include such a map regardless of the
tons of minerals that the applicant intends to extract.

The
map shall comply with all of the following:

(a)
Be prepared and certified by a professional engineer or surveyor
registered under Chapter 4733. of the Revised Code;

(b)
Identify the area of land to be affected corresponding to the
application;

(c)
Show the probable limits of subjacent and adjacent deep, strip,
surface, or in-stream mining operations, whether active, inactive, or
mined out;

(d)
Show the boundaries of the area of land to be affected during the
period of the permit and the area of land estimated to be affected
during the first year of operation, and name the surface and mineral
owners of record of the area and the owners of record of adjoining
surface properties;

(e)
Show the names and locations of all streams, creeks, or other bodies
of water, roads, railroads, utility lines, buildings, cemeteries, and
oil and gas wells on the area of land to be affected and within five
hundred feet of the perimeter of the area;

(f)
Show the counties, municipal corporations, townships, and sections in
which the area of land to be affected is located;

(g)
Show the drainage plan on, above, below, and away from the area of
land to be affected, indicating the directional flow of water,
constructed drainways, natural waterways used for drainage, and the
streams or tributaries receiving or to receive this discharge;

(h)
Show the location of available test boring holes that the operator
has conducted on the area of land to be affected or otherwise has
readily available;

(i)
Show the date on which the map was prepared, the north direction and
the quadrangle sketch, and the exact location of the operation;

(j)
Show the type, kind, location, and references of all existing
boundary, section corner, government, and other survey monuments
within the area to be affected and within five hundred feet of the
perimeter of the area.

The
certification of the maps shall read: "I, the undersigned,
hereby certify that this map is correct, and shows to the best of my
knowledge and belief all of the information required by the surface
or in-stream mining laws, as applicable, of the state." The
certification shall be signed and attested before a notary public.
The chief may reject any map as incomplete if its accuracy is not so
certified and attested.

(13)
A certificate of public liability insurance issued by an insurance
company authorized to do business in this state or obtained pursuant
to sections 3905.30 to 3905.35 of the Revised Code covering all
surface or in-stream mining operations of the applicant in this state
and affording bodily injury and property damage protection in amounts
not less than the following:

(a)
One hundred thousand dollars for all damages because of bodily injury
sustained by one person as the result of any one occurrence, and
three hundred thousand dollars for all damages because of bodily
injury sustained by two or more persons as the result of any one
occurrence;

(b)
One hundred thousand dollars for all claims arising out of damage to
property as the result of any one occurrence, with an aggregate limit
of three hundred thousand dollars for all property damage to which
the policy applies.

(14)

A
certificate of public liability insurance issued by an insurance
company authorized to do business in this state or obtained pursuant
to sections 3905.30 to 3905.35 of the Revised Code covering all
underground minerals mining operations of the applicant in this state
and affording bodily injury and property damage protection in amounts
not less than one million dollars;

(15)

A
sworn statement by
the

a
surface or in-stream mining permit
applicant
that
,
during the term of any permit issued under this chapter or of any
renewal of such a permit,

the applicant will comply with all applicable zoning resolutions or
ordinances that are in effect at the time the application is filed
unless the resolutions or ordinances subsequently become invalid

during the term of the permit or renewal
;

(15)
(16)

A copy of the advertisement that the applicant is required to have
published in accordance with section 1514.022 of the Revised Code, if
applicable;

(16)
(17)

For any applicant whose operation may result in dewatering, a
compilation of data in a form that is prescribed by the chief and
that is suitable to conduct ground water modeling in order to
establish a projected cone of depression for purposes of section
1514.13 of the Revised Code. The chief shall adopt rules as provided
in section 1514.08 of the Revised Code establishing the minimum
requirements and standards governing the data required under this
division.

(17)
(18)

A statement by the applicant certifying that the applicant has
communicated with the county engineer of the county in which the
proposed surface or in-stream mining operation will be located
regarding any streets and roads under the county engineer's
jurisdiction that will be used by vehicles entering and leaving the
proposed surface or in-stream mining operation;

(18)
(19)

In the case of an application for an in-stream mining permit, and if
required by the division of mineral resources management after review
of an applicant's proposed in-stream mining plans, a hydraulic
evaluation of the watercourse prepared by a professional engineer
registered under Chapter 4733. of the Revised Code. If the hydraulic
evaluation is required, it shall include, without limitation, all of
the following:

(a)
Soundings that depict the cross-sectional views of the channel bottom
of the watercourse and water elevations for the watercourse;

(b)
A profile of the channel bottom;

(c)
An analysis of design flows and water surface profiles for the
watercourse prior to in-stream mining and the proposed final mining
condition;

(d)
An analysis of the expected changes in the roughness coefficient,
resistance to water flow velocity, and hydraulic gradient in the
channel bottom due to the proposed mining;

(e)
Any additional information that the chief requires in order to
evaluate the potential impact of in-stream mining on the watercourse
and to determine if any additional performance standards are required
to protect the environment and property outside the limits of the
operation as established in the permit.

The
chief may allow an applicant to deviate from the requirements of
divisions
(A)(18)(a)
(A)(19)(a)

to (d) of this section if the chief determines that such a deviation
is appropriate.

(B)
No permit application or amendment shall be approved by the chief if
the chief finds that the reclamation described in the application
will not be performed in full compliance with this chapter or that
there is not reasonable cause to believe that reclamation as required
by this chapter will be accomplished.

The
chief shall issue an order denying an application for an operating
permit or an amendment if the chief determines that the measures set
forth in the plan are likely to be inadequate to prevent damage to
adjoining property or to achieve one or more of the performance
standards required in division (A)(10) of this section.

No
permit application or amendment shall be approved if the approval
would result in a violation of division (E), (F), or (G) of section
1514.10 of the Revised Code.

No
permit application or amendment shall be approved to surface mine
land adjacent to a public road in violation of section 1563.11 of the
Revised Code.

To
ensure adequate lateral support, no permit application or amendment
shall be approved to engage in surface or in-stream mining on land
that is closer than fifty feet of horizontal distance to any adjacent
land or waters in which the operator making application does not own
the surface or mineral rights unless the owners of the surface and
mineral rights in and under the adjacent land or waters consent in
writing to surface or in-stream mining closer than fifty feet of
horizontal distance. The consent, or a certified copy thereof, shall
be attached to the application as a part of the permanent record of
the application for a surface or in-stream mining permit.

Such consent shall run with the land.

The
chief shall issue an order granting a permit upon the chief's
approval of an application, as required by this section, filing of
the performance bond required by section 1514.04 of the Revised Code,
payment of an acreage fee in the amount 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 first year
of operation under the permit, and payment of a permit fee. The
amount of the permit fee for a surface mining permit shall be five
hundred dollars, and the amount of the permit fee for an in-stream
mining permit shall be two hundred fifty dollars.

The
chief may issue an order denying a permit if the chief finds that the
applicant, any partner if the applicant is a partnership, any officer
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 substantially or materially failed to comply or
continues to fail to comply with this chapter, which failure may
consist of one or more violations thereof, a rule adopted thereunder,
or an order of the chief or failure to perform reclamation as
required by this chapter. The chief may deny or revoke the permit of
any person who so violates or fails to comply or who purposely
misrepresents or omits any material fact in the application for the
permit or an amendment to a permit.

If
the chief denies the permit, the chief shall state the reasons for
denial in the order denying the permit.

Each
permit shall be issued upon condition that the operator will comply
with this chapter and perform the measures set forth in the
operator's plan of mining and reclamation in a timely manner. The
chief, mineral resources inspectors, or other authorized
representatives of the chief may enter upon the premises of the
operator at reasonable times for the purposes of determining whether
or not there is compliance with this chapter.

(C)
If the chief approves an application for a surface mining permit, the
order granting the permit shall authorize the person to whom the
permit is issued to engage as the operator of a surface mining
operation upon the land described in the permit during a period that
shall expire fifteen years after the date of issuance of the permit,
or upon the date when the chief, after inspection, orders the release
of any remaining performance bond deposited to assure satisfactory
performance of the reclamation measures required pursuant to this
chapter, whichever occurs earlier.

If
the chief approves an application for an in-stream mining permit, the
order granting the permit shall authorize the person to whom the
permit is issued to engage as the operator of an in-stream mining
operation on the land described in the permit during a period that
shall expire five years after the date of issuance of the permit, or
on the date when the chief, after inspection, orders the release of
any remaining bond, cash, irrevocable letters of credit, or
certificates of deposit that were deposited to ensure satisfactory
performance of the reclamation measures required under this chapter,
whichever occurs earlier.

(D)
Before an operator engages in a surface or in-stream mining operation
on land not described in the operator's permit, but that is
contiguous to the land described in the operator's permit, the
operator shall file with the chief an application for an amendment to
the operator's permit.

(C)(1)
The chief shall adopt rules in accordance with section 1514.08 of the
Revised Code that establishes procedures and requirements regarding
amendments to an operator's permit and shall define what constitutes
a "significant" amendment for purposes of notice under
section 1514.022 of the Revised Code.

Before
approving an amendment, the chief shall require the information,
maps, fees, and amount, except as otherwise provided by rule, of the
performance bond as required for an original application under this
section and shall apply the same prohibitions and restrictions
applicable to land described in an original application for a permit.
An applicant for a significant amendment to a permit, as
"significant" is defined by rule, shall include a copy of
the advertisement that the applicant is required to have published in
accordance with section 1514.022 of the Revised Code.

If
the chief disapproves the amendment, the chief shall state the
reasons for disapproval in the order disapproving the amendment. Upon
the approval of an amendment by the chief, the operator shall be
authorized to engage in surface mining on the land or in-stream
mining in the watercourse described in the operator's original permit
plus the land or area of the watercourse described in the amendment
until the date when the permit expires, or when the chief, after
inspection, orders the release of any remaining performance bond
deposited to assure satisfactory performance of the reclamation
measures required pursuant to this chapter, whichever occurs earlier.

(E)
(2)

An operator, at any time

and upon application therefor and approval by the chief,

may
amend
the plan of mining and reclamation filed with the application for

apply
to the chief for an amendment to
a
permit
,
in accordance with the rules,

in order to
change

do
any of the following:

(a)
Change
the
reclamation measures to be performed
,
modify
;

(b)
Modify
the
interval after mining within which reclamation measures will be
performed
,
change
;

(c)
Change
the
sequence in which mining or reclamation will occur at specific
locations within the area affected
,
mine
;

(d)
Mine
acreage
previously mined or reclaimed
,
or for
;

(e)
Add land to the permit when the land is contiguous or when the land
is located in whole or in part of the same township or municipal
corporation identified in the permit; however, this division shall
not be construed to prevent any county, township, or municipal
corporation from enacting, adopting, or enforcing zoning regulations
or ordinances to regulate mining activities on such added land.

(f)
Conduct underground minerals mining activities in accordance with
sections 1514.60 to 1514.70 of the Revised Code;

(g)
For
any
other purpose, provided that the plan, as amended, includes measures
that the chief determines will be adequate to prevent damage to
adjoining property and to achieve the performance standards set forth
in
division
(A)(10) of
this

section
chapter,
as applicable
.

An
application for a significant amendment to a plan, as "significant"
is defined by rule, shall include a copy of the advertisement that
the applicant is required to have published in accordance with
section 1514.022 of the Revised Code.

(3)
An applicant for a significant amendment to a permit shall include a
copy of the advertisement that the applicant is required to have
published in accordance with section 1514.022 of the Revised Code.

(4)
Before approving an amendment, the chief shall require the
information, maps, fees, and the amount, except as otherwise provided
by rule, of the performance bond as required for an original
application under this section and shall apply the same prohibitions
and restrictions applicable to land described in an original
application for a permit.

(D)

The
chief may propose one or more amendments to the plan in writing
within ninety days after the fifth anniversary of the date of
issuance of a surface mining permit or within ninety days after the
first anniversary of the date of issuance of an in-stream mining
permit. The chief's proposal may be made upon a finding of any of the
following conditions after a complete review of the plan and
inspection of the area of land affected, and the plan shall be so
amended upon written concurrence in the findings and approval of the
amendments by the operator:

(1)
An alternate measure, in lieu of one previously approved in the plan,
will more economically or effectively achieve one or more of the
performance standards.

(2)
Developments in reclamation technology make an alternate measure to
achieve one or more of the performance standards more economical,
feasible, practical, or effective.

(3)
Changes in the use or development of adjoining lands require changes
in the intended future uses of the area of land affected in order to
prevent damage to adjoining property.

(F)
(E)

The holder of a surface
,
underground minerals,

or in-stream mining permit who desires to transfer the rights granted
under the permit to another person
at
any time during the term of the permit or its renewal
shall
file with the chief an application for the transfer of the permit.
The chief shall issue an order approving or disapproving the transfer
of the permit in accordance with criteria and procedures established
by rule.

(F)
Except for division (E) of this section, this section does not apply
to any permit issued under sections 1514.60 to 1514.69 of the Revised
Code.

Sec.
1514.021.
(A)
A permit holder who wishes to continue surface or in-stream mining
operations after the expiration date of the existing
Surface,
underground minerals, and in-stream mining permits issued under this
chapter, including any such permits issued prior to the effective
date of this section, do not expire. However, the chief of the
division of mineral resources management shall conduct a review of
the operations of each such
permit

or renewal permit shall file with the chief of the division of
mineral resources management a notice of intent to renew for purposes
of the renewal of a surface or in-stream mining permit or renewal
permit at least ninety days before the expiration date of the
existing permit or renewal permit. The notice of intent to renew
shall be on a form that the chief prescribes and provides and shall
be accompanied by a permit renewal fee. The amount of the fee for
renewal of a surface mining permit or renewal permit shall be

at least once every five years in accordance with rules adopted under
section 1514.08 of the Revised Code. Upon notice by the chief, the
permit holder shall remit an annual fee of
one
thousand dollars
,
and the amount of the fee for renewal of an in-stream mining permit
or renewal permit shall be

for activity subject to division (A)(3) of section 5749.02 of the
Revised Code and
five
hundred dollars

for activity subject to divisions (A)(4) and (A)(7) of section
5749.02 of the Revised Code
.

(B)
Upon receipt of a notice of intent to renew form and the permit
renewal fee under division (A) of this section, the chief shall
notify the permit holder to submit a renewal application package. The
permit holder shall submit a complete renewal package to the chief at
least thirty days prior to the expiration of the existing surface or
in-stream mining permit or renewal permit. The renewal application
package shall include all of the following:

(1)
A map that is a composite of the information required to be contained
in the most recent annual report map under section 1514.03 of the
Revised Code and of all surface or in-stream mining and reclamation
activities conducted under the existing permit or renewal permit;

(2)
The annual report required under section 1514.03 of the Revised Code;

(3)
In the case of an applicant proposing a significant change to the
plan of mining and reclamation, as "significant" is defined
by rule, a copy of the advertisement that is required to be published
in accordance with section 1514.022 of the Revised Code;

(4)
Additional maps, plans, and revised or updated information that the
chief determines to be necessary for permit renewal.

For
a renewal permit requiring minor or minimal updates to the existing
permit, renewal permit, or accompanying information, the chief may
authorize a permit holder to file updated information through a
surface mining permit modification process using a surface mining
permit modification form. However, the chief may require such a
permit holder to submit a complete renewal application package.

(C)(1)
Upon receipt of the complete renewal application package required
under division (B) of this section and except as otherwise provided
in division (C)(2) of this section, the chief shall approve the
application for renewal and issue an order granting a renewal permit
unless the chief finds that any of the following applies:

(a)
The permit holder's operation is not in substantial or material
compliance with this chapter, rules adopted and orders issued under
it, and the plan of mining and reclamation under the existing permit
or renewal permit.

(b)
The permit holder has not provided evidence that a performance bond
filed under section 1514.04 of the Revised Code applicable to lands
affected under the existing permit or renewal permit will remain
effective until released under section 1514.05 of the Revised Code.

(c)
The permit holder, any partner if the permit holder is a partnership,
any officer or director if the permit holder is a corporation, or any
other person who has a right to control or in fact controls the
management of the permit holder or the selection of officers,
directors, or managers of the permit holder has failed substantially
or materially to comply or continues to fail to comply with this
chapter as provided in section 1514.02 of the Revised Code.

(2)
If the application for renewal proposes significant changes to the
plan of mining and reclamation, as "significant" is defined
by rule, the chief may, but is not required to, approve the
application for renewal.

(D)(1)
After receiving a complete renewal application package and permit
renewal fees required under divisions (A) and (B) of this section,
the chief shall do one of the following:

(a)
Approve the application for renewal and issue an order granting a
renewal permit;

(b)
Issue an order denying a renewal permit;

(c)
Notify the applicant in accordance with division (D)(2) of this
section that there are deficiencies in the renewal application
package and that an extension of the time limit for issuing an order
approving or disapproving the renewal permit has been granted.

In
making a decision regarding a renewal application package, the chief
shall review the package for compliance with this chapter and rules
adopted under it.

(2)
The chief shall notify a permit holder and, if applicable, the permit
holder's consultant, surveyor, or engineer of deficiencies or errors
in a renewal application package and shall include in the
notification a discussion of the deficiencies or errors.

A
permit holder shall have up to one hundred eighty days after the
expiration of the permit holder's permit or renewal permit to submit
a revised renewal application package. A permit holder may request,
in writing, an extension of the one hundred-eighty-day period for
revisions to the renewal application package. The chief may approve a
sixty-day extension. The chief shall notify the permit holder of the
chief's decision to either grant or deny the extension.

Upon
the submission of a revised renewal application package that is
determined to be complete by the chief, the chief shall proceed to
approve or deny the application in accordance with division (D)(1)(a)
or (b) of this section. If the revised renewal application package is
not submitted within one hundred eighty days after the permit
expiration date or, if an extension has been granted, within two
hundred forty days after the permit expiration date, the chief shall
issue an order denying the renewal permit in accordance with division
(D)(1)(b) of this section.

(E)
If an applicant for a renewal permit has complied with division (A)
of this section, the applicant may continue surface or in-stream
mining operations under the existing permit or renewal permit after
its expiration date until the time period for filing a complete
renewal application package has expired under division (D) of this
section or until the chief issues an order denying the renewal
permit.

(F)
A permit holder who fails to submit a notice of intent to renew form
and required permit renewal fees within the time prescribed by
division (A) of this section and a renewal application package under
division (B) of this section shall cease surface or in-stream mining
operations on the expiration date of the existing permit or renewal
permit. If such a permit holder then submits a notice of intent to
renew form, an application for renewal, and the permit renewal fees
on or before the thirtieth day after the expiration date of the
expired permit or renewal permit and provides the information
required by the chief under division (B) of this section within sixty
days after the permit expiration date, the permit holder need not
submit the final map and report required by section 1514.03 of the
Revised Code until the later of thirty days after the chief issues an
order denying the application for renewal or thirty days after the
chief's order is affirmed upon appeal under section 1513.13 or
1513.14 of the Revised Code. An applicant under this division who
fails to provide the information required by the chief under division
(B) of this section within the prescribed time period shall submit
the final map and report required by section 1514.03 of the Revised
Code within thirty days after the expiration of that prescribed
period.

(G)
If the chief issues an order denying an application for renewal of a
permit or renewal permit after the expiration date of the permit, the
permit holder shall cease surface or in-stream mining operations
immediately and, within thirty days after the issuance of the order,
shall submit the final report and map required under section 1514.03
of the Revised Code. The chief shall state the reasons for denial in
the order denying renewal of the permit. A permit holder may appeal
the chief's order denying the renewal under section 1513.13 of the
Revised Code and may continue surface or in-stream mining and
reclamation operations under the expired permit until the reclamation
commission affirms the chief's order under that section and, if the
applicant elects to appeal the order of the commission under section
1513.14 of the Revised Code, until the court of appeals affirms the
order.

(H)
The approval of an application for renewal under this section
authorizes the continuation of an existing surface mining permit or
renewal permit for a term of fifteen years from the expiration date
of the existing permit.

The
approval of an application for renewal under this section authorizes
the continuation of an existing in-stream mining permit or renewal
permit for a term of five years from the expiration date of the
existing permit.

(I)
Any renewal permit is subject to all the requirements of this chapter
and rules adopted under it.

Sec.
1514.022.
(A)
As used in this section:

(1)
"Application" means any of the following:

(a)
An application filed under division (A) of section 1514.02 of the
Revised Code for
an
initial
a

permit
for a proposed surface or in-stream mining operation;

(b)
An application filed under division
(D)
(C)

of section 1514.02 of the Revised Code for a significant amendment to
a permit
,
as "significant" is defined by rule
;

(c)

An application filed under division (E) of section 1514.02 of the
Revised Code for a significant amendment to the plan of mining and
reclamation that is proposed by the operator, as "significant"
is defined by rule;

(d)
An application filed under section 1514.021 of the Revised Code for
the renewal of a permit if the application proposes a significant
change to the plan of mining and reclamation, as "significant"
is defined by rule

An application filed under section 1514.62 of the Revised Code for an
underground minerals mining permit
.

(2)
"Applicant" means a person who files an application.

(3)
"Governmental agency" means each board of county
commissioners, each board of township trustees, each legislative
authority of a municipal corporation, and the planning commissioners
having jurisdiction over all or part of the area of a surface
,
underground minerals,

or in-stream mining operation or a proposed surface
,
underground minerals,

or in-stream mining operation together with any other federal, state,
or local governmental entities that the chief of the division of
mineral resources management reasonably believes will be interested
in an application.

(B)(1)
Except as otherwise provided in division (D) of this section, an
applicant shall submit to the chief a copy of the applicant's
advertisement required to be published under this division of the
ownership, precise location, and boundaries of land to be affected by
the surface
,
underground minerals,

or in-stream mining operation or proposed surface
,
underground minerals,

or in-stream mining operation that is the subject of the application.

Upon
receiving the application and advertisement, the chief shall
designate a location at which the application will be available for
public inspection and shall assign to the application an application
identification number. When the chief determines that the application
is substantially complete, the chief shall notify the applicant of
the determination. At that time, the applicant shall place the
advertisement, together with the application identification number
and the notice of the location at which the application will be
available for inspection, in a newspaper of general circulation in
the locality of the operation or proposed operation at least once a
week for four consecutive weeks.

(2)
Except as otherwise provided in division (D) of this section, upon
determining that an application is substantially complete, the chief
shall provide written notice to governmental agencies. The notice
shall include all of the information required to be published under
division (B)(1) of this section together with the date by which any
written comments or objections must be received by the chief for
consideration in the review of the application. That date shall be
the date that is thirty days following the date on which the chief
sends the notice to the governmental agencies.

If
requested by a governmental agency within thirty-five days following
the date on which the governmental agency receives the written notice
from the chief, the chief may hold an informal conference to aid in
the public understanding of the permitting process. The informal
conference shall be held within two weeks after the chief determines
to hold such a conference and shall be held in the county in which
the surface
,
underground minerals,

or in-stream mining operation is or is proposed to be located.

(C)
Except as otherwise provided in division (D) of this section, an
operation or any person having an interest that is or may be
adversely affected by the operation or proposed operation and any
governmental agency may file written comments about or objections to
an application with the chief. In the case of interested persons who
are not governmental agencies, the comments or objections shall be
filed not later than thirty days after the last publication of the
notice. In the case of governmental agencies, the comments or
objections shall be filed not later than the date that the chief
specified in the notice, except that at the chief's discretion, the
chief may accept comments or objections from the agencies after that
date if the chief considers doing so to be in the public interest.
The chief immediately shall transmit comments or objections to the
applicant and shall make them available to the public at the same
location at which the application is available for inspection.

(D)
Divisions (B) and (C) of this section do not apply if a plan of
zoning has been adopted for the area that includes the location at
which the operation is conducted or is proposed to be conducted and
either of the following applies:

(1)
The plan of zoning allows mining at the location at which the mining
operation is or is proposed to be conducted.

(2)
A zoning variance or conditional use certificate for a mining
operation, for which public notice and opportunity for comment have
been provided, has been received within three hundred sixty-five days
prior to submittal of an application. In such a situation, an
applicant shall provide the chief with a copy of the notice,
certified by the publisher, that was previously published.

Sec.
1514.023.
Nothing

(A)
Except as provided in division (B) of this section
,

nothing
in
this chapter or rules adopted under it shall be construed to prevent
any county, township, or municipal corporation from enacting,
adopting, or enforcing zoning resolutions or ordinances. However, the
chief of the division of mineral resources management shall not
enforce such zoning resolutions or ordinances.

(B)
Sections 519.02 to 519.25 and sections 303.01 to 303.25 of the
Revised Code and any other applicable provision of law governing
township or county zoning authority confer no power on any township
zoning commission, board of township trustees, board of zoning
appeals, county rural zoning commission, board of county
commissioners, or board of zoning to do either of the following:

(1)
Require a mine operator to obtain a permit or amendment to a permit
issued under this chapter prior to applying for zoning approval;

(2)
Regulate underground minerals mining activity on any portion of land
for which a surface mining permit has been issued under this chapter
and rules adopted under it if one of the following applies:

(a)
The portion has been zoned to allow for surface mining activities.

(b)
A conditional use certificate or a variance allows surface mining
activities on that portion of land.

(c)
Surface mining activities are allowed on the portion of land as a
nonconforming use.

Sec.
1514.024.
(A)

A
local authority may enter into an agreement
with
the operator of a surface or in-stream mining operation or of a
proposed surface or in-stream mining operation
for
the improvement of roads under the jurisdiction of that local
authority that may be affected by
the

an

operation
or for other improvements within the jurisdiction of that local
authority

with either of the following:

(1)
The operator of an existing or proposed surface, underground
minerals, or in-stream mining operation;

(2)
The operator of an existing or proposed facility conducting
activities related to making finished aggregate products
.

However

(B)
However
,
nothing in this section requires the
operator
of a
surface
,
underground minerals,

or in-stream mining
operator

operation
or the operator of an existing or proposed facility conducting
activities related to making finished aggregate products
to
enter into such an agreement.

Sec.
1514.03.
Within
thirty days after each anniversary date of issuance of a surface or
in-stream mining permit, the operator shall file with the chief of
the division of mineral resources management an annual report, on a
form prescribed and furnished by the chief, that, for the period
covered by the report, shall state the amount of and identify the
types of minerals and coal, if any coal, produced and shall state the
number of acres affected and the number of acres estimated to be
affected during the next year of operation. An annual report is not
required to be filed if a final report is filed in lieu thereof.

Each
annual report for a surface mining operation shall include a progress
map indicating the location of areas of land affected during the
period of the report and the location of the area of land estimated
to be affected during the next year. The map shall be prepared in
accordance with division (A)(11) or (12) of section 1514.02 of the
Revised Code, as appropriate, except that a map prepared in
accordance with division (A)(12) of that section may be certified by
the operator or authorized agent of the operator in lieu of
certification by a professional engineer or surveyor registered under
Chapter 4733. of the Revised Code. However, the chief may require
that an annual progress map or a final map be prepared by a
registered professional engineer or registered surveyor if the chief
has reason to believe that the operator exceeded the boundaries of
the permit area or, if the operator filed the map required under
division (A)(11) of section 1514.02 of the Revised Code, that the
operator extracted ten thousand tons or more of minerals during the
period covered by the report.

Each
annual report for an in-stream mining operation shall include a
statement of the total tonnage removed by in-stream mining for each
month and of the surface acreage and depth of material removed by
in-stream mining and shall include a map that identifies the area
affected by the in-stream mining if the in-stream mining for the year
addressed by the report occurred beyond the area identified in the
most recent approved map, soundings that depict the cross-sectional
views of the channel bottom of the watercourse if the soundings
depict a cross-sectional view of the channel bottom that is different
from the most recent approved map, and water elevations for the
watercourse if water elevations are different from those indicated on
the most recent approved map.

Each
annual report shall be accompanied by a filing fee in the amount of
five hundred dollars, except in the case of an annual report filed by
a small operator or an in-stream mining operator. A small operator,
which is a surface mine operator who intends to extract fewer than
ten thousand tons of minerals and no coal during the next year of
operation under the permit, or an in-stream mining operator shall
include a filing fee in the amount of two hundred fifty dollars with
each annual report. The annual report of any operator also shall be
accompanied by an acreage fee in the amount of seventy-five dollars
multiplied by the number of acres estimated in the report to be
affected during the next year of operation under the permit. The
acreage fee shall be adjusted by subtracting a credit of seventy-five
dollars per excess acre paid for the preceding year if the acreage
paid for the preceding year exceeds the acreage actually affected or
by adding an additional amount of seventy-five dollars per excess
acre affected if the acreage actually affected exceeds the acreage
paid for the preceding year.

With
each annual report the operator shall file a performance bond in the
amount, unless otherwise provided by rule, of five hundred dollars
multiplied by the number of acres estimated to be affected during the
next year of operation under the permit for which no performance bond
previously was filed. Unless otherwise provided by rule, the bond
shall be adjusted by subtracting a credit of five hundred dollars per
excess acre for which bond was filed for the preceding year if the
acreage for which the bond was filed for the preceding year exceeds
the acreage actually affected, or by adding an amount of five hundred
dollars per excess acre affected if the acreage actually affected
exceeds the acreage for which bond was filed for the preceding year.

Within
thirty days after
the
expiration of the surface or in-stream mining permit, or
completion
or abandonment of the operation,
whichever
occurs earlier,
the
operator shall submit a final report containing the same information
required in an annual report, but covering the time from the last
annual report to the
expiration
of the permit, or
completion
or abandonment of the operation
,
whichever occurs earlier
.

Each
final report shall include a map indicating the location of the area
of land affected during the period of the report and the location of
the total area of land affected under the permit. The map shall be
prepared in accordance with division (A)(11) or (12) of section
1514.02 of the Revised Code, as appropriate.

In
the case of a final report for an in-stream mining operation, the map
also shall include the information required under division

(A)(18)
(A)(19)

of section 1514.02 of the Revised Code, as applicable.

If
the final report and certified map, as verified by the chief, show
that the number of acres affected under the permit is larger than the
number of acres for which the operator has paid an acreage fee or
filed a performance bond, upon notification by the chief, the
operator shall pay an additional acreage fee in the amount of
seventy-five dollars multiplied by the difference between the number
of acres affected under the permit and the number of acres for which
the operator has paid an acreage fee and shall file an additional
performance bond in the amount, unless otherwise provided by rule, of
five hundred dollars multiplied by the difference between the number
of acres affected under the permit and the number of acres for which
the operator has filed bond.

If
the final report and certified map, as verified by the chief, show
that the number of acres affected under the permit is smaller than
the number of acres for which the operator has filed a performance
bond, the chief shall order release of the excess bond. However, the
chief shall retain a performance bond in a minimum amount of ten
thousand dollars irrespective of the number of acres affected under
the permit. The release of the excess bond shall be in an amount,
unless otherwise provided by rule, equal to five hundred dollars
multiplied by the difference between the number of acres affected
under the permit and the number of acres for which the operator has
filed bond.

The
fees collected pursuant to this section and section 1514.02 of the
Revised Code shall be deposited with the treasurer of state to the
credit of the mining regulation and safety fund created under section
1513.30 of the Revised Code.

If
upon inspection the chief finds that any filing fee, acreage fee,
performance bond, or part thereof is not paid when due or is paid on
the basis of false or substantially inaccurate reports, the chief may
request the attorney general to recover the unpaid amounts that are
due the state, and the attorney general shall commence appropriate
legal proceedings to recover the unpaid amounts.

Sec.
1514.04.
(A)
Upon receipt of notification from the chief of the division of
mineral resources management of the chief's intent to issue an order
granting a surface or in-stream mining permit to the applicant, the
applicant shall file a surety bond, cash, an irrevocable letter of
credit, or certificates of deposit in the amount, unless otherwise
provided by rule, of ten thousand dollars. If the amount of land to
be affected is more than twenty acres, the applicant also shall file
a surety bond, cash, an irrevocable letter of credit, or certificates
of deposit in the amount of five hundred dollars per acre of land to
be affected that exceeds twenty acres. Upon receipt of notification
from the chief of the chief's intent to issue an order granting an
amendment to a surface or in-stream mining permit, the applicant
shall file a surety bond, cash, an irrevocable letter of credit, or
certificates of deposit in the amount required in this division.

In
the case of a surface mining permit, the bond shall be filed based on
the number of acres estimated to be affected during the first year of
operation under the permit. In the case of an amendment to a surface
mining permit, the bond shall be filed based on the number of acres
estimated to be affected during the balance of the period until the
next anniversary date of the permit.

In
the case of an in-stream mining permit, the bond shall be filed based
on the number of acres of land within the limits of the in-stream
mining permit for the entire permit period. In the case of an
amendment to an in-stream mining permit, the bond shall be filed
based on the number of any additional acres of land to be affected
within the limits of the in-stream mining permit.

(B)
A surety bond filed pursuant to this section and sections 1514.02 and
1514.03 of the Revised Code shall be upon the form that the chief
prescribes and provides and shall be signed by the operator as
principal and by a surety company authorized to transact business in
the state as surety. The bond shall be payable to the state and shall
be conditioned upon the faithful performance by the operator of all
things to be done and performed by the operator as provided in this
chapter and the rules and orders of the chief adopted or issued
pursuant thereto.

The
operator may deposit with the chief, in lieu of a surety bond, cash
in an amount equal to the surety bond as prescribed in this section
or an irrevocable letter of credit or negotiable certificates of
deposit issued by any bank organized or transacting business in this
state having a cash value equal to or greater than the amount of the
surety bond as prescribed in this section. Cash or certificates of
deposit shall be deposited upon the same terms as the terms upon
which surety bonds may be deposited. If the operator deposits cash,
the cash shall be credited to the performance cash bond refunds fund
created in section 1501.16 of the Revised Code. If the operator
deposits certificates of deposit, the chief shall require the bank
that issued any such certificate to pledge securities of a cash value
equal to the amount of the certificate that is in excess of the
amount insured by the federal deposit insurance corporation. The
securities shall be security for the repayment of the certificate of
deposit.

(C)
Upon a deposit of cash, a letter of credit, or certificates with the
chief, the chief shall hold it in trust for the purposes for which it
has been deposited. The chief shall be responsible for the
safekeeping of such deposits. An operator making a deposit of cash, a
letter of credit, or certificates of deposit may withdraw and
receive, from the chief, all or any part of the cash, letter of
credit, or certificates in the possession of the chief upon
depositing with the chief an irrevocable letter of credit or
negotiable certificates of deposit issued by any bank organized or
transacting business in this state, equal in value to the value of
the cash, letter of credit, or certificates withdrawn. An operator
may demand and receive from the chief all interest or other income
from any certificates as it becomes due. If certificates deposited
with and in the possession of the chief mature or are called for
payment by the issuer thereof, the chief, at the request of the
operator who deposited them, shall convert the proceeds of the
redemption or payment of the certificates into such other negotiable
certificates of deposit issued by any bank organized or transacting
business in this state or cash, as may be designated by the operator.

(D)
A governmental agency, as defined in division (A) of section 1514.022
of the Revised Code, or a board or commission that derives its
authority from a governmental agency shall not require a surface
,
underground minerals,

or in-stream mining operator to file a surety bond
,
performance bond, closure bond,

or any other form of financial assurance for the
operation
or closure of a mine or
reclamation
of land to be affected by a surface
,
underground minerals,

or in-stream mining operation authorized under this chapter.

(E)
Except as provided in division (D) of this section, this section does
not apply to any permit issued under sections 1514.60 to 1514.69 of
the Revised Code. However, if during the underground minerals mining
operation, the land surface is affected, the chief shall require the
area of the land affected to be reclaimed, and the permittee shall
adhere to the bonding requirements of this section. Notwithstanding
any other provision of law to the contrary, the chief shall not
require a surface mining permit to be issued to an underground
minerals mining permittee.

Sec.
1514.05.
(A)
At any time within the period allowed an operator by section 1514.02
of the Revised Code to reclaim an area of land affected by surface or
in-stream mining, the operator may file a request, on a form provided
by the chief of the division of mineral resources management, for
inspection of the area of land upon which the reclamation, other than
any required planting, is completed. The request shall include all of
the following:

(1)
The location of the area and number of acres;

(2)
The permit number;

(3)
A map showing the location of the acres reclaimed, prepared and
certified in accordance with division (A)(11) or (12) of section
1514.02 of the Revised Code, as appropriate. In the case of an
in-stream mining operation, the map also shall include, as
applicable, the information required under division
(A)(18)
(A)(19)

of section 1514.02 of the Revised Code.

The
chief shall make an inspection and evaluation of the reclamation of
the area of land for which the request was submitted within ninety
days after receipt of the request or, if the operator fails to
complete the reclamation or file the request as required, as soon as
the chief learns of the default. Thereupon, if the chief approves the
reclamation, other than any required planting, as meeting the
requirements of this chapter, rules adopted thereunder, any orders
issued during the mining or reclamation, and the specifications of
the plan for mining and reclaiming, the chief shall issue an order to
the operator and the operator's surety releasing them from liability
for one-half of the total amount of their surety bond on deposit to
ensure reclamation for the area upon which reclamation is completed.
If the operator has deposited cash, an irrevocable letter of credit,
or certificates of deposit in lieu of a surety bond to ensure
reclamation, the chief shall deliver to the operator or the
operator's authorized agent one-half of the amount so held.

If
the chief does not approve the reclamation, other than any required
planting, the chief shall notify the operator by certified mail. The
notice shall be an order stating the reasons for unacceptability,
ordering further actions to be taken, and setting a time limit for
compliance. If the operator does not comply with the order within the
time limit specified, the chief may order an extension of time for
compliance after determining that the operator's noncompliance is for
good cause, resulting from developments partially or wholly beyond
the operator's control. If the operator complies within the time
limit or the extension of time granted for compliance, the chief
shall order release of the performance bond in the same manner as in
the case of approval of reclamation, other than any required
planting, by the chief, and the chief shall proceed as in that case.
If the operator does not comply within the time limit and the chief
does not order an extension, or if the chief orders an extension of
time and the operator does not comply within the extension of time
granted for compliance, the chief shall issue another order declaring
that the operator has failed to reclaim and, if the operator's permit
has not already
expired
or
been
revoked, revoking the operator's permit. The chief shall thereupon
proceed under division (C) of this section.

(B)
At any time within the period allowed an operator by section 1514.02
of the Revised Code to reclaim an area affected by surface mining,
the operator may file a request, on a form provided by the chief, for
inspection of the area of land on which all reclamation, including
the successful establishment of any required planting, is completed.
The request shall include all of the following:

(1)
The location of the area and number of acres;

(2)
The permit number;

(3)
The type and date of any required planting of vegetative cover and
the degree of success of growth;

(4)
A map showing the location of the acres reclaimed, prepared and
certified in accordance with division (A)(11) or (12) of section
1514.02 of the Revised Code, as appropriate. In the case of an
in-stream mining operation, the map also shall include the
information required under division
(A)(18)
(A)(19)

of section 1514.02 of the Revised Code.

The
chief shall make an inspection and evaluation of the reclamation of
the area of land for which the request was submitted within ninety
days after receipt of the request or, if the operator fails to
complete the reclamation or file the request as required, as soon as
the chief learns of the default. Thereupon, if the chief finds that
the reclamation meets the requirements of this chapter, rules adopted
under it, any orders issued during the mining and reclamation, and
the specifications of the plan for mining and reclaiming and decides
to release any remaining performance bond on deposit to ensure
reclamation of the area on which reclamation is completed, within ten
days of completing the inspection and evaluation, the chief shall
order release of the remaining performance bond in the same manner as
in the case of approval of reclamation other than required planting,
and the chief shall proceed as in that case.

If
the chief does not approve the reclamation performed by the operator,
the chief shall notify the operator by certified mail within ninety
days of the filing of the application for inspection or of the date
when the chief learns of the default. The notice shall be an order
stating the reasons for unacceptability, ordering further actions to
be taken, and setting a time limit for compliance. If the operator
does not comply with the order within the time limit specified, the
chief may order an extension of time for compliance after determining
that the operator's noncompliance is for good cause, resulting from
developments partially or wholly beyond the operator's control. If
the operator complies within the time limit or the extension of time
granted for compliance, the chief shall order release of the
remaining performance bond in the same manner as in the case of
approval of reclamation by the chief, and the chief shall proceed as
in that case. If the operator does not comply within the time limit
and the chief does not order an extension, or if the chief orders an
extension of time and the operator does not comply within the
extension of time granted for compliance, the chief shall issue
another order declaring that the operator has failed to reclaim and,
if the operator's permit has not already
expired
or
been
revoked, revoking the operator's permit. The chief then shall proceed
under division (C) of this section.

(C)
Upon issuing an order under division (A) or (B) of this section
declaring that the operator has failed to reclaim, the chief shall
make a finding as to the number and location of the acres of land
that the operator has failed to reclaim in the manner required by
this chapter. The chief shall order the release of the performance
bond in the amount of five hundred dollars per acre for those acres
that the chief finds to have been reclaimed in the manner required by
this chapter. The release shall be ordered in the same manner as in
the case of other approval of reclamation by the chief, and the chief
shall proceed as in that case. If the operator has on deposit cash,
an irrevocable letter of credit, or certificates of deposit to ensure
reclamation of the area of the land affected, the chief at the same
time shall issue an order declaring that the remaining cash,
irrevocable letter of credit, or certificates of deposit are the
property of the state and are available for use by the chief in
performing reclamation of the area and shall proceed in accordance
with section 1514.06 of the Revised Code.

If
the operator has on deposit a surety bond to ensure reclamation of
the area of land affected, the chief shall notify the surety in
writing of the operator's default and shall request the surety to
perform the surety's obligation and that of the operator. The surety,
within ten days after receipt of the notice, shall notify the chief
as to whether it intends to perform those obligations.

If
the surety chooses to perform, it shall arrange for work to begin
within thirty days of the day on which it notifies the chief of its
decision. If the surety completes the work as required by this
chapter, the chief shall issue an order to the surety releasing the
surety from liability under the bond in the same manner as if the
surety were an operator proceeding under this section. If, after the
surety begins the work, the chief determines that the surety is not
carrying the work forward with reasonable progress, or that it is
improperly performing the work, or that it has abandoned the work or
otherwise failed to perform its obligation and that of the operator,
the chief shall issue an order terminating the right of the surety to
perform the work and demanding payment of the amount due as required
by this chapter.

If
the surety chooses not to perform and so notifies the chief, does not
respond to the chief's notice within ten days of receipt thereof, or
fails to begin work within thirty days of the day it timely notifies
the chief of its decision to perform its obligation and that of the
operator, the chief shall issue an order terminating the right of the
surety to perform the work and demanding payment of the amount due,
as required by this chapter.

Upon
receipt of an order of the chief demanding payment of the amount due,
the surety immediately shall deposit with the chief cash in the full
amount due under the order for deposit with the chief. If the surety
fails to make an immediate deposit, the chief shall certify it to the
attorney general for collection. When the chief has issued an order
terminating the right of the surety and has the cash on deposit, the
cash is the property of the state and is available for use by the
chief, who shall proceed in accordance with section 1514.06 of the
Revised Code.

Sec.
1514.07.
(A)

Each
order of the chief of the division of mineral resources management
affecting the rights, duties, or privileges of an operator or the
operator's surety or of an applicant for a permit or an amendment to
a permit or a plan shall be in writing and contain a finding by the
chief of the facts upon which the order is based. Notice of the order
shall be given by certified mail to each person whose rights, duties,
or privileges are affected.

(B)

If
the chief finds that an operator has violated any requirement of this
chapter, failed to perform any measure set forth in the approved plan
of mining and reclamation that is necessary to prevent damage to
adjoining property or to achieve, or has otherwise failed to achieve,
the performance standards of division (A)(10) of section 1514.02 of
the Revised Code,
the
performance standards for an underground minerals mine established by
the chief under rules adopted pursuant to section 1514.61 of the
Revised Code,
or
caused damage to adjoining property, the chief may issue orders
directing the operator to cease violation, perform such measures,
achieve such standards, or prevent or abate off-site damage. The
order shall identify the operation where the violation occurs, the
specific requirement violated, measure not performed, standard not
achieved, or off-site damage caused, and where practicable prescribe
what action the operator may take to comply with the order. The chief
shall fix and set forth in the order a reasonable date or time by
which the operator shall comply, and the order shall state that the
chief may revoke the operator's permit if the order is not complied
with by that date or time. If upon that date or time the chief finds
that the operator has not complied with the order, the chief may
issue an order revoking the operator's permit.

(C)(1)
Notwithstanding any other provision of law to the contrary, if the
chief issues an order under division (B) of this section to an
operator of an underground minerals mining operation to address
subsidence, as defined in section 1514.60 of the Revised Code, the
order shall not require the operator to address, abate, repair,
restore, mitigate, or remediate the subsidence on mine property
unless the subsidence presents a danger to the general public or to
property described in an utility easement. For subsidence occurring
off of mine property, in no event shall the order require the repair,
restoration, mitigation, or remediation of any buildings or
structures, fixtures, or personal property. The chief shall not issue
an order under division (B) of this section to an operator of an
underground minerals mining operation to provide compensation to any
property owner for damages allegedly caused by the underground mining
operation.

(2)
As used in this division, "general public" means any
individual who has lawful access to an area open to all members of
the public.

Sec.
1514.071.
(A)
In addition to any other penalties established under this chapter,
the chief of the division of mineral resources management may assess
a civil penalty against any person who fails to comply with an order
issued by the chief under section 1514.07 of the Revised Code by the
date specified in the order or as subsequently extended by the chief.

(B)
Civil penalties assessed under this section shall not exceed one
thousand dollars for each occurrence of noncompliance with an order.
Each day of continuing noncompliance, up to a maximum of thirty days,
may be deemed a separate occurrence for purposes of penalty
assessments. In determining the amount of the assessment, the chief
shall consider the seriousness of the noncompliance, the effect of
the noncompliance, and the operator's history of noncompliance.

(C)
Upon issuance of a notice of noncompliance with an order, the chief
shall inform the person to whom the notice of noncompliance is issued
of the amount of any civil penalty to be assessed and provide an
opportunity for an adjudicatory hearing with the reclamation
commission pursuant to section
1514.09

1514.091

of
the Revised Code. The person charged with the penalty shall have
thirty days from receipt of the assessment to pay the penalty in full
or, if the person wishes to contest the amount of the penalty, file a

petition
for review of the assessment
notice
of appeal
with
the commission pursuant to section
1514.09

1514.091

of
the Revised Code and forward the amount of the penalty to the
secretary of the commission as required by this division. Failure to
forward the money to the secretary within thirty days after the chief
informs the person of the amount of the penalty shall result in a
waiver of all legal rights to contest the amount of the penalty.

If,
after a hearing, the commission affirms or modifies the amount of the
penalty, the person charged with the penalty shall have thirty days
after receipt of the written decision to file an appeal from the
commission's order in accordance with section
1514.09

1514.092

of
the Revised Code.

At
the time that the petition for review of the 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 created
in division
(F)(3)

(E)(3)

of
section 1513.02 of the Revised Code. Pursuant to administrative or
judicial review of the penalty, the secretary shall do either of the
following:

(1)
If it is determined that the amount of the penalty should be reduced,
within thirty days, remit the appropriate amount of the penalty to
the person, with interest, and forward any balance of the penalty,
with interest, to the chief for deposit in the mining regulation and
safety fund created in section 1513.30 of the Revised Code for
reclamation of abandoned surface
,
underground minerals,

or in-stream mining operations in the state;

(2)
If the penalty was not reduced, forward the entire penalty, with
interest, to the chief for deposit in the mining regulation and
safety fund for reclamation of abandoned surface
,
underground minerals,

or in-stream mining operations in the state.

(D)
Civil penalties owed under this section may be recovered in a civil
action brought by the attorney general upon the request of the chief.

Sec.
1514.08.
(A)
The chief of the division of mineral resources management may adopt,
amend, and rescind rules in accordance with Chapter 119. of the
Revised Code in order to prescribe procedures for submitting
applications for permits, amendments to permits, and amendments to
plans of mining and reclamation; filing annual reports and final
reports; requesting inspection and approval of reclamation; paying
permit and filing fees; and filing and obtaining the release of
performance bonds deposited with the state. For the purpose of
preventing damage to adjoining property or achieving one or more of
the performance standards established in division (A)(10) of section
1514.02 of the Revised Code, the chief may establish classes of
mining industries, based upon industrial categories, combinations of
minerals produced, and geological conditions in which surface or
in-stream mining operations occur, and may prescribe different rules
consistent with the performance standards for each class. For the
purpose of apportioning the workload of the division of mineral
resources management among the quarters of the year, the rules may
require that applications for permits and annual reports be filed in
different quarters of the year, depending upon the county in which
the operation is located.

(B)
The chief shall adopt rules under this section that do all of the
following:

(1)
With respect to in-stream mining, and in consultation with the chief
of the division of water resources, determine periods of low flow,
which are the only time periods during which in-stream mining is
allowed, and develop and implement any criteria, in addition to the
criteria established in section 1514.02 of the Revised Code, that the
chief determines are necessary for the permitting of in-stream
mining;

(2)
Establish criteria and procedures for approving or disapproving the
transfer of a surface or in-stream mining permit under division

(F)
(E)

of section 1514.02 of the Revised Code;

(3)
Define when any of the following may be considered to be
"significant" for purposes of section 1514.022 of the
Revised Code:

(a)
An amendment to a permit issued under section 1514.02 of the Revised
Code for a surface or in-stream mining operation;

(b)
An amendment to the plan of mining and reclamation that must be filed
with an application for either permit under section 1514.02 of the
Revised Code
;

(c)
Changes to that plan of mining and reclamation that are proposed in a
permit renewal application filed under section 1514.021 of the
Revised Code
.

In
defining "significant," the chief shall focus on changes
that increase the likelihood that the mining operation may have a
negative impact on the public.

(4)
Establish a framework and procedures under which the amount of any
bond required to be filed under this chapter to ensure the
satisfactory performance of the reclamation measures required under
this chapter may be reduced by subtracting a credit based on the
operator's past compliance with this chapter and rules adopted and
orders issued under it. The rules also shall apply to cash, an
irrevocable letter of credit, or a certificate of deposit that is on
deposit in lieu of a bond. In establishing the amount of credit that
an operator or applicant may receive based on past compliance, the
chief may consider past compliance with respect to any permit for a
surface or in-stream mining operation that has been issued in this
state to the operator or applicant.

(5)
Establish criteria and procedures for granting a variance from
compliance with the prohibitions established in divisions (E)(3) and
(F)(3) of section 1514.10 of the Revised Code. The criteria shall
ensure that an operator may obtain a variance only if compliance with
the applicable prohibition is not necessary to prevent damage to the
watercourse or surrounding areas.

(6)
Establish procedures and requirements governing amendments to
surface, in-stream, and underground minerals mining permits in cases
where land may be added to the permit;

(7)
Establish procedures and requirements governing permit reviews
required under section 1514.021 of the Revised Code.

Sec.
1514.09.
The
reclamation commission established pursuant to section 1513.05 of the
Revised Code shall serve as the reclamation commission pursuant to
this chapter. However, whenever the commission is considering any
appeal pertaining to surface
,
underground minerals,

or in-stream mining, as distinguished from coal strip mining, the
member representing the coal strip mine operators shall be replaced
by a person who, by reason of the person's previous vocation,
employment, or affiliations, can be classed as a representative of
surface
,
underground minerals,

or in-stream mine operators, as applicable. The appointment of that
person shall be made in accordance with section 1513.05 of the
Revised Code, and the person's term shall be concurrent with that of
the representative of the coal strip mine operators.

No
party to an appeal brought under this section shall be eligible for
an award of attorney's fees, costs, or expenses from the commission
or any court.

Notwithstanding
section 1513.13 of the Revised Code, an operator may appeal the
determination of the chief of the division of mineral resources
management that is made under division (D) of section 1514.43 of the
Revised Code within ten days after the operator receives a copy of
the determination.

Notwithstanding
section 1513.14 of the Revised Code, appeals from an order of the
commission pertaining to surface or in-stream mining may be taken to
the court of common pleas of the county in which the operation is
located, or to the court of common pleas of Franklin county.

Sec.
1514.091.
(A)
As used in this section, "action" includes any order or any
other decision, including any modification, vacation, or termination
of such an order or decision taken by the chief of the division of
mineral resources management concerning a surface, in-stream, or
underground minerals mining operation.

(B)(1)
Except as otherwise provided in this chapter, any person having an
interest that is or may be adversely affected by an action may
initiate an appeal of the action by filing a notice of appeal with
the reclamation commission within thirty days after the action is
served upon the person.

(2)
The person shall file a copy of the notice of appeal with the chief
within three days after filing the notice of appeal with the
commission. Additionally, if the permit holder is not the appellant,
the person shall serve a copy of the notice of appeal on the permit
holder within three days after filing the notice of appeal with the
commission.

(3)
The permit holder shall be entitled to intervene in the appeal upon
filing notice of intervention with the commission within thirty days
of receiving the notice under division (B)(2) of this section. Such a
permit holder shall be a party to the action upon filing of the
notice under this division.

(4)
A notice of appeal shall contain a copy of the action 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 division (B) of this section does
not operate as a stay of any action of the chief.

(5)
The commission shall conduct an adjudication hearing regarding each
appeal. The commission shall give the applicable permittee, the
chief, and any other interested persons written notice of the time
and place of the hearing at least five days prior to the hearing. The
hearing shall be of record. The commission shall conduct hearings and
render decisions in a timely fashion.

(6)
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
an action 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 action of the chief.

(C)
The commission shall affirm the action of the chief unless the
commission determines that it is arbitrary, capricious, or otherwise
inconsistent with law. If the commission makes such a determination,
the commission may modify the action or vacate and remand it to the
chief for further proceedings that the commission may direct.

(D)(1)
The chairperson of the commission, under conditions the chairperson
prescribes, may grant any temporary relief that the chairperson
considers appropriate pending final determination of an appeal if all
of the following conditions are met:

(a)
All parties to the appeal have been notified and given an opportunity
for a hearing on the request for temporary relief and an opportunity
to be heard at the hearing regarding the request.

(b)
The person requesting temporary relief shows that there is a
substantial likelihood that the person will prevail on the merits.

(c)
The relief will not adversely affect public health or safety or cause
significant imminent environmental harm to land, air, or water
resources.

(2)
The chairperson shall issue a decision regarding temporary relief
expeditiously. 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 full commission. The commission may confine its
review to the record developed at the hearing before the chairperson.
The party shall file the appeal 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. 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.

Sec.
1514.092.
(A)
Any party aggrieved or adversely affected by a decision of the
reclamation commission may appeal to the court of appeals of the
county in which the operation that is the subject of the appeal is
located, or to the court of appeals of Franklin county. The court in
which the appeal is made has exclusive jurisdiction over the appeal.
The party shall file the appeal within thirty days of issuance of the
decision of the commission. The court shall confine its review to the
record certified by the commission. The court may, upon motion, grant
such temporary relief as it considers appropriate pending final
disposition of the appeal if all of the following apply:

(1)
All parties to the appeal have been notified and given an opportunity
to be heard on a request for temporary relief.

(2)
The person requesting the 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 the
health or safety of miners or cause significant imminent
environmental harm to land, air, or water resources.

The
court shall affirm the decision of the commission unless the court
determines that it is arbitrary, capricious, or otherwise
inconsistent with law, in which case the court shall vacate the
decision and remand to the commission for such further proceedings as
it may direct.

(B)
Any order of the chief of the division of mineral resources
management to adopt a rule is subject to judicial review in the
Franklin county court of appeals, which court has exclusive original
jurisdiction to review the order. A petition for review of the order
shall be filed within thirty days from the date of such order. The
petition may be made by any person who participated in the
rule-making proceedings and who is aggrieved by the order. The court
shall confine its review to the record of the rule-making
proceedings. The order shall be affirmed unless the court concludes
that the order is arbitrary, capricious, or otherwise inconsistent
with law, in which case the court shall vacate the order or portion
thereof and remand to the chief for such further proceedings as it
may direct.

Sec.
1514.093.
(A)
For the purpose of conducting any public adjudicatory hearing under
this chapter, the reclamation commission or the chief may do both of
the following:

(1)
Require the attendance of witnesses and the production of books,
records, and papers;

(2)
At the request of any party, issue subpoenas for witnesses or
subpoenas duces tecum to compel the production of any books, records,
papers, or other material relevant to the inquiry, directed to the
sheriff of the counties where the witnesses or materials are found.
Such subpoenas shall be served and returned in the same manner as
subpoenas issued by courts of common pleas are served and returned.
The fees of sheriffs shall be the same as those allowed by the court
of common pleas in criminal cases.

(B)
Witnesses shall be paid the fees and mileage provided for under
section 119.094 of the Revised Code.

(C)
In cases of disobedience or neglect of any subpoena served on any
person or the refusal of any witness to testify to any matter
regarding which the witness may lawfully be interrogated, the court
of common pleas of the county in which such disobedience, neglect, or
refusal occurs, or any judge thereof, on application of the chief or
the commission or any member thereof, shall compel obedience by
attachment procedures for contempt as in the case of disobedience of
the requirements of a subpoena issued from the court or a refusal to
testify therein.

(D)
A witness at any hearing shall testify under oath or affirmation,
which the chief or any member of the commission may administer.

(E)(1)
A hearing officer may, in accordance with instructions from the
commission, preside over all pre-hearing matters, including hearing
and deciding all pre-trial motions. A party may, within fourteen days
after receipt of the decision of a pre-trial motion, serve and file
written objections to the hearing officer's decision with the
secretary of the commission. Objections shall be specific and state
with particularity the grounds therefor. Upon consideration of the
objections, the commission may adopt, reject, or modify the decision.
When the commission hears an appeal, the hearing officer shall act as
the legal advisor to the commission and, at the direction of the
commission, the hearing officer shall draft the decision of the
commission. The hearing officer shall, at the direction of the
commission, assume the duties and responsibilities of the secretary
of the commission.

(2)
Upon the unanimous consent of all parties to the appeal, a hearing
officer may hear an appeal and shall have the same powers and
authority in conducting the hearing as granted to the commission.
Whenever a hearing officer conducts a hearing, the officer shall
prepare a report setting forth the hearing officer's findings of fact
and conclusions of law and a recommendation of the action to be taken
by the commission. The hearing officer shall file the report with the
secretary of the commission and shall mail a copy by certified mail
to the parties. A party may, within fourteen days after receipt of
the report, serve and file written objections to the hearing
officer's report with the secretary of the commission. Objections
shall be specific and state with particularity the grounds therefor.
Upon consideration of the objections, the commission may adopt,
reject, or modify the report. The commission also may hear additional
evidence, return the report to the hearing officer with instructions,
or hear the matter itself.

Sec.
1514.11.
In
addition to the purposes otherwise authorized by law, the chief of
the division of mineral resources management may use money in the
mining regulation and safety fund created under section 1513.30 of
the Revised Code for the administration and enforcement of this
chapter
,
;

for the reclamation of land affected by surface
,
underground minerals,

or in-stream mining under a permit issued under this chapter that the
operator failed to reclaim and for which the performance bond filed
by the operator is insufficient to complete the reclamation
,
;

and for the reclamation of land affected by surface
,
underground minerals,

or in-stream mining that was abandoned and left unreclaimed and for
which no permit was issued or bond filed under this chapter. Also,
the chief may use the portion of the mining regulation and safety
fund that consists of money collected from the severance taxes levied
under section 5749.02 of the Revised Code for mine safety and first
aid training. For purposes of reclamation under this section, the
chief shall expend money in the fund in accordance with the
procedures and requirements established in section 1514.06 of the
Revised Code and may enter into contracts and perform work in
accordance with that section.

Fees
collected under sections 1514.02
,
1514.021,

and 1514.03 of the Revised Code and money collected from the
severance taxes levied under section 5749.02 of the Revised Code
shall be credited to the fund in accordance with those sections.
Notwithstanding any section of the Revised Code relating to the
distribution or crediting of fines for violations of the Revised
Code, all fines imposed under section 1514.99 of the Revised Code
shall be credited to the fund.

Sec.
1514.13.
(A)
The chief of the division of mineral resources management shall use
the compilation of data for ground water modeling submitted under
section 1514.02 of the Revised Code to establish a projected cone of
depression for any surface mining operation that may result in
dewatering.
The
chief also may require a cone of depression to be established and
incorporated into an existing permit that was issued under section
1514.02 of the Revised Code if a complaint investigation determines
that dewatering may be occurring.
The
chief shall consult with the chief of the division of
water
resources
geological
survey
when
projecting a cone of depression. An applicant for a surface mining
permit for such an operation may submit ground water modeling that
shows a projected cone of depression for that operation to the chief

of the division of mineral resources management
,
provided that the modeling complies with rules adopted by the chief
regarding ground water modeling. However, the chief shall establish
the projected cone of depression for the purposes of this section.

The
chief shall adopt, and may amend and rescind, rules in accordance
with Chapter 119. of the Revised Code establishing requirements and
standards governing both of the following:

(1)
Ground water modeling for establishing a projected cone of
depression. A ground water model shall be generally accepted in the
scientific community.

(2)
Replacement of water supplies.

(B)(1)
If an owner of real property who obtains all or part of the owner's
water supply for domestic, agricultural, industrial, or other
legitimate use from ground water has a diminution, contamination, or
interruption of that water supply and the owner's real property is
located within the projected cone of depression of a surface mining
operation established under this section, the owner may submit a
written complaint to the operator of that operation or to the chief
informing the operator or the chief that there is a diminution,
contamination, or interruption of the owner's water supply. The
complaint shall include the owner's name, address, and telephone
number.

If
the chief receives a written complaint, the chief immediately shall
send a copy of the complaint to the operator, and the operator
immediately shall respond by sending the chief a statement that
explains how the operator resolved or will resolve the complaint. If
the operator receives a written complaint, the operator immediately
shall send to the chief a copy of the complaint and include a
statement that explains how the operator resolved or will resolve the
complaint. Not later than seventy-two hours after receipt of the
complaint, the operator shall provide the owner a supply of water
that is comparable, in quantity and quality, to the owner's water
supply prior to the diminution, contamination, or interruption of the
owner's water supply. The operator shall maintain that water supply
until the operator provides a permanent replacement water supply to
the owner under division (B)(3) of this section or until the division
of mineral resources management completes the evaluation under
division (B)(2) of this section, whichever is applicable.

(2)
A rebuttable presumption exists that the operation caused the
diminution, contamination, or interruption of the owner's water
supply. However, not later than fourteen days after receipt of the
complaint, the operator may submit to the division information
showing that the operation is not the proximate cause of the
diminution, contamination, or interruption of the owner's water
supply. The division shall evaluate the information submitted by the
operator to determine if the presumption is rebutted. If the operator
fails to rebut the presumption, the division immediately shall notify
the operator that the operator failed to rebut the presumption. Not
later than fourteen days after receipt of that notice, the operator
shall provide the owner a permanent replacement water supply that is
comparable, in quantity and quality, to the owner's water supply
prior to the diminution, contamination, or interruption of the
owner's water supply. If the operator rebuts the presumption, the
division immediately shall notify the operator that the operator
rebutted the presumption, and, upon receipt of that notice, the
operator may cease providing a supply of water to the owner under
division (B)(1) of this section.

(3)
If, within fourteen days after receipt of the complaint, the operator
does not submit to the division information showing that the
operation is not the proximate cause of the diminution,
contamination, or interruption of the owner's water supply, the
operator shall provide the owner, not later than twenty-eight days
after receipt of the complaint, a permanent replacement water supply
that is comparable, in quantity and quality, to the owner's water
supply prior to the diminution, contamination, or interruption of the
owner's water supply.

(4)
The division may investigate a complaint under division (B) of this
section.

(C)
If an owner of real property who obtains all or part of the owner's
water supply for domestic, agricultural, industrial, or other
legitimate use from ground water has a diminution, contamination, or
interruption of that water supply and the owner's real property is
not located within the projected cone of depression of a surface
mining operation established under this section, the owner may submit
a written complaint to the operator of that operation or to the chief
informing the operator or the chief that there is a diminution,
contamination, or interruption of the owner's water supply. The
complaint shall include the owner's name, address, and telephone
number.

If
the operator receives a written complaint, the operator immediately
shall send the chief a copy of the complaint. If the chief receives a
written complaint, the chief immediately shall send the operator a
copy of the complaint. The chief shall investigate any complaint
submitted under this division and, upon completion of the
investigation, immediately shall send the results of the
investigation to the operator and to the owner that filed the
complaint.

An
owner that submits a written complaint under this division may
resolve the diminution, contamination, or interruption of the owner's
water supply with the operator of that operation or may commence a
civil action for that purpose.

(D)
An operator may request the chief to amend the plan of mining and
reclamation filed with the application under section 1514.02 of the
Revised Code when a ground water user may affect the projected cone
of depression established for the operation under division (A) of
this section. The operator shall submit additional data that reflect
the ground water user's impact on the ground water. The chief shall
perform ground water modeling using the additional data and may
establish a revised projected cone of depression for that operation.

(E)
This section shall not be construed as creating, modifying, or
affecting any right, liability, or remedy of surface riparian owners.

Sec.
1514.40.
(A)
As used in sections 1514.41 to 1514.47 of the Revised Code, "rule"
means a rule adopted under this section unless the context indicates
otherwise.

(B)

In
accordance with Chapter 119. of the Revised Code, the chief of the
division of mineral resources management, in consultation with a
statewide association that represents the surface mining industry,
shall adopt rules
governing
surface and underground minerals mining operations
that
do all of the following:

(A)

(1)

For
the purpose of establishing safety standards governing surface
and
underground minerals
mining
operations, incorporate by reference 30 C.F.R. parts 46, 47,
48,

50,
56, 58, and 62, as amended;

(B)

(2)

Establish
criteria, standards, and procedures governing safety performance
evaluations conducted under section 1514.45 of the Revised Code,
including requirements for the notification of operators and the
identification of authorized representatives of miners at surface

and underground minerals

mining operations for purposes of inspections conducted under

sections
1514.41 to 1514.47 of the Revised Code
this
chapter
;

(C)

(3)

Establish
requirements governing the reporting and investigation of accidents
at surface

and underground minerals

mining operations. In adopting the rules, the chief shall establish
requirements that minimize duplication with any reporting and
investigations of accidents that are conducted by the mine safety and
health administration in the United States department of labor.

(D)

(4)

Establish
the time, place, and frequency of mine safety training conducted
under
section
1514.06 of the Revised Code
this
chapter
and
a fee, if any, for the purpose of that section. The amount of the fee
shall not exceed the costs of conducting the training that is
required under that section.

(E)

(5)

Establish
the minimum qualifications necessary to take the examination that is
required for certification of certified mine forepersons under
division (B) of section 1514.47 of the Revised Code and requirements,
fees, and procedures governing the taking of the examination;

(F)

(6)

Establish
requirements and fees governing the reissuance of certificates under
division (C) of that section;

(G)

(7)

Establish
requirements and procedures for the approval of training plans
submitted under division (D) of that section for the use of qualified
persons to conduct examinations of surface
and
underground minerals
mining
operations in lieu of certified mine forepersons and minimum
qualifications of those persons. The rules shall include requirements
governing training frequency and curriculum that must be provided for
qualified persons under such plans and shall establish related
reporting and record keeping requirements.

As
used in sections 1514.41 to 1514.47 of the Revised Code, "rule"
means a rule adopted under this section unless the context indicates
otherwise.

(C)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in a rule adopted
under this section governing surface or underground minerals mining
is not subject to sections 121.95 to 121.953 of the Revised Code.

Sec.
1514.41.
(A)
If a surface mining operation is not inspected by the mine safety and
health administration in the United States department of labor, the
chief of the division of mineral resources management annually shall
conduct a minimum of two inspections of the operation.

(B)
If a surface
or
underground minerals
mining
operation is identified through a safety performance evaluation as
having three or more violations per day during an inspection
conducted by the mine safety and health administration in the United
States department of labor, the chief shall conduct a minimum of two
inspections of the operation for one year following the
identification. However, the chief, in consultation with a statewide
organization representing
the

industrial
minerals
surface
mining organization
,
may adopt rules, in accordance with Chapter 119. of the Revised Code,
establishing exceptions to the safety inspection requirement under
this division.

(C)
If a fatality of a miner occurs at a surface

or underground minerals

mining operation as a result of an unsafe condition or a practice at
the operation, the chief shall conduct a minimum of one inspection
every three months at the operation for two years following the
fatality.

(D)
If a life-threatening injury of a miner occurs at a surface
or
underground minerals
mining
operation as a result of an unsafe condition or a practice at the
operation, the chief shall conduct a minimum of one inspection every
three months at the operation for one year following the injury.

Sec.
1514.42.
The
chief of the division of mineral resources management may conduct one
safety audit at a surface mining operation
and
at an underground minerals mining operation
annually
if the operator of the operation has requested the division of
mineral resources management to conduct mine safety training for that
year. The safety audit shall be scheduled at a time to which the
chief and the operator mutually agree and shall not continue more
than one day. The chief shall conduct additional safety audits at any
surface

or underground minerals

mining operation if requested by the operator of the operation. If
the chief conducts a safety audit, the operator shall ensure that the
chief has a copy of the training plan that is required by 30 C.F.R.
part 46, as amended, at the time of the audit.

After
completion of an audit, the chief shall prepare a report that
describes the general conditions of the
surface
mining
operation,
lists any hazardous conditions at the operation, lists any violations
of the safety standards established in rules, and describes the
nature and extent of any hazardous condition or violation found and
the corresponding remedy for each hazardous condition or violation.
The chief shall provide two copies of the report to the operator of
the operation. The operator shall post one copy of the report at the
operation for review by the employees of the operation.

Sec.
1514.43.
(A)
The chief of the division of mineral resources management shall
enforce the safety standards established in rules when conducting
inspections under section 1514.41 of the Revised Code.

(B)
Except as otherwise provided in section 1514.44 of the Revised Code
or pursuant to a safety audit conducted under section 1514.42 of the
Revised Code, if during an inspection the chief finds a violation of
a safety standard, the chief shall require the operator to comply
with the standard that is being violated within a reasonable period
of time. If the chief finds a violation of a safety standard, the
chief shall return to the surface

or underground minerals

mining operation after a reasonable period of time to determine if
the operator has complied with the standard that was being violated.
If the operator has failed to comply with the standard, the chief
shall take appropriate action to obtain compliance if necessary.

(C)
Except as otherwise provided in section 1514.44 of the Revised Code
or pursuant to a safety audit conducted under section 1514.42 of the
Revised Code, after completion of an inspection of a surface
or
underground minerals
mining
operation, the chief shall prepare a report that describes the
general conditions of the surface

or underground minerals

mining operation, lists any hazardous conditions at the operation,
lists any violations of the safety standards established in rules,
and describes the nature and extent of any hazardous condition or
violation found and the corresponding remedy for each hazardous
condition or violation. The chief shall provide two copies of the
report to the operator of the operation. The operator shall post one
copy of the report at the operation for review by the employees of
the operation.

(D)
Except pursuant to a safety audit conducted under section 1514.42 of
the Revised Code, not later than ten days after receipt of a report
under this section, the operator may submit a written request to the
chief for a meeting with the chief to review the findings contained
in the report. Upon receipt of a request, the chief shall review the
report and schedule a meeting with the operator. Within a reasonable
period of time after the meeting, the chief shall make a written
determination concerning the findings contained in the report and
provide one copy of the determination to the operator of the surface

or
underground minerals
mining
operation and one copy of the determination to an authorized
representative of the miners at the operation. If the chief makes a
determination that affirms the findings contained in the report, the
chief's determination constitutes an order for purposes of this
chapter and rules adopted under it.

(E)
An operator shall not appeal the contents of a report prepared under
division (C) of this section. However, an operator may appeal a
determination of the chief made under division (D) of this section.

(F)
No operator shall violate or fail to comply with an order issued
pursuant to this section.

Sec.
1514.44.
If
during an inspection conducted under section 1514.41 of the Revised
Code or a safety audit conducted under section 1514.42 of the Revised
Code, the chief of the division of mineral resources management finds
a condition or practice at a surface
or
underground minerals
mining
operation that could reasonably be expected to cause the death of or
imminent serious physical harm to an employee of the operation, the
chief immediately shall issue orders to safeguard the employees,
notify the operator of the condition or practice, and require the
operator to abate the condition or practice within a reasonable
period of time. In all such situations, the chief may require the
operation to cease in the area in which the condition or practice is
occurring or may require the entire operation to cease, if necessary,
until the condition or practice that could reasonably be expected to
cause death or serious physical harm is eliminated.

The
chief shall complete a report that describes the condition or
practice and the action taken to eliminate it. The chief shall
provide two copies of the report to the operator of the operation.
The operator shall post one copy of the report at the operation for
review by the employees of the operation.

Sec.
1514.45.
The
chief of the division of mineral resources management annually shall
conduct a safety performance evaluation of all surface mining
operations

and all underground minerals mining operations

in the state in accordance with rules. The operator of a surface
mining operation
and
the operator of an underground minerals mining operation
shall
provide to the chief a copy of the notification of legal identity
required under 30 C.F.R. part 41, as amended, at the same time that
the notice is filed with the mine safety and health administration in
the United States department of labor.

Sec.
1514.46.
If
the operator of a surface
or
underground minerals
mining
operation requests the division of mineral resources management to
conduct mine safety training, the chief of the division of mineral
resources management shall conduct mine safety training for the
employees of that operator. For persons who are not employed by a
holder of a surface

or underground minerals

mining permit issued under this chapter and who seek the training,
the chief may charge a fee in an amount established in rules for
conducting it. The safety training shall be conducted in accordance
with rules and shall emphasize the standards adopted in rules and
include any other content that the chief determines is beneficial.
Any fees collected under this section shall be deposited in the state
treasury to the credit of the mining regulation and safety fund
created in section 1513.30 of the Revised Code.

Sec.
1514.48.
A
member of a mine rescue team who is acting pursuant to 30 C.F.R. Part
49 and provides rescue services at an underground minerals mine is an
agent of the state and is immune from any liability associated with
the mine rescue.

Sec.
1514.50.
(A)
The chief of the division of mineral resources management or an
authorized employee of the division of mineral resources management
may enter on lands to make inspections in accordance with this
chapter and rules adopted under it when necessary in the discharge of
the duties specified in this chapter and the rules. No person shall
prevent or hinder the chief or an authorized employee of the division
in the performance of those duties.

(B)
For purposes of performing reclamation of land affected by surface
or
underground minerals
mining
operations on which the holder of a permit issued under this chapter
has defaulted or otherwise failed to timely conduct the reclamation
required by section 1514.05 of the Revised Code, the chief may enter
on the land and perform reclamation that the chief determines is
necessary to protect public health or safety or the environment. In
order to perform the reclamation, the chief may enter on adjoining
land or other land that is necessary to access the land on which the
surface

or underground minerals

mining occurred and on which the reclamation is to be performed. The
chief shall provide reasonable advance notice to the owner of any
land to be entered for the purpose of access for reclamation under
this chapter. The division shall return the land that was used to
access the former surface
or
underground minerals
mining
operation to the same or an improved grade, topography, and condition
that existed prior to its use by the division.

(C)
When conducting investigations pursuant to section 1514.13
or
1514.66
of
the Revised Code, the chief or an authorized employee of the division
may enter on lands to conduct water supply surveys, measure ground
water levels and collect data when necessary to define the cone of
depression, or perform other duties for the purposes of that section.

Sec.
1514.60.
As
used in sections 1514.60 to 1514.70 of the Revised Code:

(A)
"Dewatering" has the same meaning as in section 1514.01 of
the Revised Code.

(B)
"Mine development" means the construction, blasting,
excavation, and other activity associated with the development of a
mine entry, including shafts and exploratory drilling. "Mine
development" does not include the production of underground
minerals.

(C)
"Mine entry" means an opening in the ground surface, mine
floor, or highwall face for developing an underground mine, including
the development of shafts for access, safety, extraction of minerals,
ventilation, or other mining purposes.

(D)
"Mine property" means all of the following:

(1)
The land owned by the underground minerals mining operator;

(2)
The land leased by the operator;

(3)
The mineral interest owned by, leased by, or otherwise under the
control of the operator.

(E)
"Operation" or "underground minerals mining operation"
means all of the surface or sub-surface premises, facilities, and
equipment used in the process of removing underground minerals by
underground minerals mining from mine property. Separation by a
surface stream or roadway does not preclude the tracts from being
considered contiguous.

(F)
"Operator" or "underground minerals mining operator"
means the person engaged in underground minerals mining on mine
property.

(G)
"Subsidence" means surface caving or sinking of a part of
the earth's crust due to underground mining excavations that directly
damages land or any structures. "Subsidence" does not
include lateral or vertical ground movement caused by an earthquake,
landslide, soil conditions, soil erosion, soil freezing and thawing,
improperly compacted soil, construction defects, roots of trees and
shrubs, or collapse of storm and sewer drains.

(H)
"Underground minerals" means limestone or dolomite.

(I)
"Underground minerals mining" means the underground mining
of limestone or dolomite, including all or any part of the process
followed in the production of limestone or dolomite carried out
beneath the surface by means of shafts, tunnels, room and pillar, or
similar mine openings or workings.

Sec.
1514.61.
(A)
In accordance with Chapter 119. of the Revised Code, the chief of the
division of mineral resources management shall adopt rules governing
underground minerals mining operations that establish all of the
following:

(1)
The permit application process, the form of which shall comply with
section 1514.62 of the Revised Code;

(2)
Any application fees or other fees associated with the permitting and
operation of an underground minerals mine. Fees collected pursuant to
rules adopted under division (A)(3) of this section shall be
deposited in the state treasury to the credit of the mining
regulation and safety fund created under section 1513.30 of the
Revised Code.

(3)
Performance standards for underground minerals mining, including a
periodic compliance review;

(4)
Standards and requirements governing the detonation of explosives
that ensure that explosives are used in such a manner so as to
prevent damage to adjoining property and injury to persons, including
special standards and requirements for the development of the mine
opening, taking into consideration the practicalities of that
activity;

(5)
Information to be included in an annual or final report as required
under section 1514.68 of the Revised Code;

(6)
Procedures for investigating complaints regarding dewatering and any
procedures, standards, and requirements governing water replacement;

(7)
Any other requirements that the chief determines is necessary for
administration of the program for the regulation of underground
minerals mining consistent with sections 1514.60 to 1514.69 of the
Revised Code.

(B)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in a rule adopted
under this section is not subject to sections 121.95 to 121.953 of
the Revised Code.

Sec.
1514.62.

In accordance with rules adopted under section 1514.61 of the Revised
Code, the chief of the division of mineral resources management shall
prescribe an application for an operator to obtain an underground
minerals mining permit or an amendment to a surface mining permit in
accordance with division (C)(2) of section 1514.02 of the Revised
Code. The chief shall require such applicant to include all of the
following information on the application form:

(A)
The name and address of the proposed underground minerals mine
operator;

(B)
The name and address of the owner or lessor of the mineral interest
in the land upon which the applicant proposes to engage in
underground minerals mining, if different from the operator;

(C)
The method and design of the underground mining operation that is to
be employed by the mine operator to extract underground minerals;

(D)
The depth of the deposit to be mined;

(E)
A certificate of public liability insurance issued by an insurance
company authorized to do business in this state or obtained pursuant
to sections 3905.30 to 3905.35 of the Revised Code covering all
underground minerals mining operations of the applicant in this state
and affording bodily injury and property damage protection in amounts
of not less than one million dollars;

(F)
A statement that the applicant has corresponded with the county
engineer of the county in which the underground minerals mining
operation is proposed to be located regarding any streets and roads
under the county engineer's jurisdiction under which mining will take
place;

(G)
A complete plan for underground minerals mining. The plan shall show
the approximate sequence in which mining measures are to occur and
the measures the operator will perform to prevent damage to adjoining
property and to achieve the performance standards for mining
established by the chief under section 1514.61 of the Revised Code.
Such plan shall be consistent with any federal standard governing
underground minerals mining.

(H)
Any other information that the chief determines is necessary and
appropriate.

Sec.
1514.63.
(A)
In accordance with rules adopted under section 1514.61 of the Revised
Code, the chief of the division of mineral resources management shall
issue an order granting an underground minerals mining permit upon
the chief's approval of an application for the permit and payment of
all applicable fees established under those rules. However, the chief
shall not issue a permit if either of the following apply:

(1)
The chief determines that the measures set forth in the mining plan
required under section 1514.62 of the Revised Code are likely to be
inadequate to prevent damage to adjoining property or to achieve one
or more of the applicable performance standards required by the
chief.

(2)
The land on or under which the underground minerals mining is to take
place is closer than fifty feet of horizontal distance to any
adjacent lands in which the operator making application does not own,
lease, or control the mineral interest, unless the owner of such land
consents in writing that the underground minerals mining may occur
closer than fifty feet of the horizontal distance. The consent, or a
certified copy of it, shall be attached to the application as part of
the permanent record of the application for an underground minerals
mining permit and runs with the land. As used in division (A)(2) of
this section, "adjacent lands" does not include any
easements and any railroad, utility, street, and highway
rights-of-way.

(B)
The chief may suspend or revoke an underground minerals mining permit
for a violation of applicable provisions of this chapter, a rule
adopted under it, a term or condition of a permit issued under
section 1514.62 of the Revised Code, or an order of the chief. Prior
to such suspension or revocation, the chief shall conduct an
investigation and hearing in accordance with Chapter 119. of the
Revised Code.

(C)(1)
Notwithstanding any requirement or obligation to the contrary in this
chapter, the chief shall issue, upon request and without application,
an order granting an underground minerals mining permit or an
amendment to a surface mining permit, as applicable, to either of the
following:

(a)
Any operator of an underground minerals mining operation in existence
prior to and on the effective date of this section;

(b)
A person who has begun to undertake development of an underground
minerals mining operation prior to the effective date of this
section.

(2)
The underground minerals mining permit or amendment to a surface
mining permit so granted shall include all mine property at the time
of the application.

(3)
An operator or any such person shall have twenty-four months after
the effective date of this section to request an order granting an
underground minerals mining permit or an amendment to a surface
mining permit to conduct underground minerals mining from the chief
under this division. Notwithstanding any other provision of law to
the contrary, such an order granting a permit or such an amendment is
not appealable by any person other than the operator or the person
undertaking development of an underground minerals mining operation.

Sec.
1514.64.
No
person shall do any of the following:

(A)
Except as provided in division (C) of section 1514.63 of the Revised
Code, engage in underground minerals mining without an underground
minerals mining permit or amendment to a surface mining permit issued
by the chief of the division of mineral resources management;

(B)
Exceed the limits of an underground minerals mining permit or
amendment to a permit by mining land that is not authorized under the
permit;

(C)
Purposely misrepresent or omit any material fact in an application
for an underground minerals mining permit or amendment, an annual or
final report, or any hearing or investigation conducted by the chief
or the reclamation commission;

(D)
Fail to perform any measure set forth in an approved plan of mining
that is necessary to prevent damage to adjoining property or to
achieve a performance standard required in rules adopted under
section 1514.61 of the Revised Code;

(E)
Violate any other applicable requirement of this chapter, a rule
adopted under it, a term or condition of a permit or amendment to a
permit issued under section 1514.62 or division (C)(2) of section
1514.02 of the Revised Code, or an order of the chief.

Sec.
1514.65.
An
underground minerals mining operator shall do all of the following:

(A)
Prior to mining under a public street, road, or highway, comply with
division (B) of section 1563.11 of the Revised Code;

(B)
Ensure that the use of explosives for the production of underground
minerals is in compliance with the requirements of this chapter.

(C)
Ensure that the detonation of explosives is conducted in such a
manner so as to prevent damage to adjoining property and injury to
persons and is in compliance with the rules adopted under section
1514.61 of the Revised Code.

(D)
Provide and maintain financial assurance for the performance and
closure required under sections 1514.60 to 1514.70 of the Revised
Code and rules adopted under section 1514.61 of the Revised Code in
the amount of one million dollars.

Sec.
1514.66.
(A)
In the event of a complaint of subsidence, the operator shall
immediately investigate the complaint and provide the chief with the
results of the investigation.

(B)
If the chief receives a subsidence complaint regarding an underground
minerals mining operation, the chief shall notify the operator. The
operator shall immediately conduct an investigation and provide the
chief with the results of the investigation.

Sec.
1514.67.
(A)
At the time of the completion of the mine entry, the operator of the
underground minerals mine shall cause a map to be made of the
underground workings of the mine and provide the chief of the
division of mineral resources management with such map. The map shall
be consistent with federal requirements governing underground
minerals mining.

(B)
The underground minerals mine operator shall have a survey made
whenever the workings of the mine have extended four hundred feet in
any direction from the point shown on the map by the last survey of
such mine, but not more often than once every twelve months or
whenever the mine is to be shut down.

(C)
Surveys made under this section shall be accurately plotted on the
original map of the mine.

(D)
The underground minerals mine operator shall ensure that a copy of
the current map with up-to-date survey plots is:

(1)
Kept at the mine property;

(2)
Filed with the chief.

Sec.
1514.68.
(A)
Within thirty days after each anniversary date of issuance of an
underground minerals mining permit, the operator shall file with the
chief of the division of mineral resources management an annual
report, on a form prescribed and furnished by the chief. The report
shall include all of the information required by the chief to be
included in it under rules adopted under section 1514.61 of the
Revised Code. Such information shall address the one-year period
preceding the anniversary date.

(B)
The chief may require each annual report to be accompanied by a
filing fee in the amount prescribed by the chief in rules adopted
under section 1514.61 of the Revised Code.

(C)
Within thirty days after the completion of the underground minerals
mining operation, the operator shall submit a final report containing
the same information required in an annual report, but covering the
time from the last annual report to the completion of the operation.

Sec.
1514.69.
At
least twelve months prior to the completion of an underground
minerals mining operation, the underground minerals mine operator
shall notify the chief of the division of mineral resources
management that the operator intends to cease mining. The operator
also shall notify the chief as to the steps the operator intends to
take to ensure the protection of public safety upon closure.

Sec.
1514.70.
Each
operator shall carry out on a continuing basis a program to improve
the roof control system of each underground minerals mine and the
means and measures to accomplish the system. The roof and ribs of all
active underground roadways, travelways, and working places shall be
supported or otherwise controlled adequately to protect persons from
falls of the roof or ribs.

Each
operator shall adopt a roof control plan and revisions thereof
suitable to the roof conditions and mining system of each underground
minerals mine in a manner determined by the chief of the division of
mineral resources management. The plan and any revisions thereof is
subject to the chief's approval.

The
plan shall show the type of support and spacing approved by the
chief. The chief shall review the plan periodically, at least every
six months, taking into consideration any falls of roof or ribs or
inadequacy of support of roof or ribs. No person may proceed beyond
the last permanent support unless adequate temporary support is
provided or unless such temporary support is not required under the
approved roof control plan and the absence of such support will not
pose a hazard to the miners. A copy of the plan shall be furnished to
the chief or the chief's authorized representative and shall be
available to the miners and their representatives.

No
person shall refuse or neglect to comply with this section.

Sec.
1514.71.
(A)
The chief of the division of mineral resources management shall
terminate an underground minerals mining permit issued under this
chapter upon the application of the operator if all of the following
occur:

(1)
The operator submits a final map and report, and the chief determines
that such final map and report are accurate;

(2)
All surface areas have been reclaimed;

(3)
The chief determines that measures in the closure plan have been
completed.

(B)
Upon termination, the chief shall release any requirement for
financial assurance set forth in division (D) of section 1514.65 of
the Revised Code.

Sec.
1514.99.
(A)
Whoever violates division (A)(1) or (2) of section 1514.10
or
division (A) of section 1514.64
of
the Revised Code may be fined not more than five thousand dollars
plus not more than one thousand dollars per acre of land affected,
and is responsible for achieving reclamation of the land as required
pursuant to this chapter.

(B)
Whoever violates division (B) of section 1514.10
or
division (B) of section 1514.64
of
the Revised Code may be fined not more than one thousand dollars per
acre of land affected that is not under permit, and is responsible
for achieving reclamation of the land as required pursuant to this
chapter.

(C)
Whoever violates division (C) of section 1514.10
or
division (C) of section 1514.64
of
the Revised Code may be fined not less than one hundred nor more than
one thousand dollars, or imprisoned not more than six months, or
both.

(D)
Whoever violates division (D), (E), (F), or (G) of section 1514.10
or
division (D) or (E) of section 1514.64
of
the Revised Code may be fined not less than one hundred nor more than
one thousand dollars for a first offense. For each subsequent
offense, on one or more permits held by such persons, such person may
be fined not less than two hundred nor more than five thousand
dollars, or imprisoned not more than six months, or both. The permit
of any person convicted of a third offense may be revoked by the
court at the time of that conviction, and the court at that time may
further order that no permit or amendment to a permit may be issued
to that person under this chapter for a period of five years from the
date of the conviction. Nothing contained in this section shall be
construed to limit or affect the authority of the chief of the
division of mineral resources management granted by this chapter.

(E)
Whoever violates an order of the chief of the division of mineral
resources management issued under this chapter is guilty of a minor
misdemeanor.

Sec.
1563.11.
(A)
Unless a permit has been issued by the director of transportation, or
the board of county commissioners, or the board of township trustees,
or such other public authority that is charged by law with the
maintenance of a public road, and the approval of the chief of the
division of mineral resources management has been obtained, no
person, firm, or corporation, engaged in mining or quarrying any
mineral, coal, stone, or clay, shall:

(1)
Extend any part of an open pit excavation closer than fifty feet of
horizontal distance to any part of a public road;

(2)
Deposit mine refuse or removed overburden:

(a)
Closer to a public road than a line parallel to the boundary line of
such road and fifty feet of horizontal distance away from such road
and at the same elevation as the elevation of the crown of such road;

(b)
Higher than a line beginning at a point fifty feet of horizontal
distance away from such road and at the same elevation as the
elevation of the crown of such road, and extending from such
beginning point upward and away from such road at an angle of forty
degrees from the horizontal plane.

Any
person, firm, or corporation desiring such a permit shall apply in
writing therefor to the proper public authority, and shall describe
in such application the excavating or depositing of mine refuse or
removed overburden that it will do and for which it requests a
permit. The applicant shall also furnish such public authority with
such additional data and information concerning such work as such
public authority may request and that shall be relevant, in making
the determination that such public authority is required to make as
to the amount of bond or other security the applicant shall be
required to deposit before such a permit is issued to the applicant.

Upon
receipt of such an application such public authority shall promptly
consider what damage, if any, may be done to such public highway by
the excavating or depositing of mine refuse or removed overburden for
which the permit is requested, and estimate the reasonable cost of
repairing such damage, if any should occur, and fix the amount of
such estimate of cost as the amount of bond or other security that
the applicant shall deposit with such public authority upon issuance
of the permit requested, to ensure payment of the cost of repairing
any such damage that might occur. Such public authority shall
promptly notify the applicant of the amount of bond or other security
it has so fixed.

Upon
approval of the chief and deposit with the public authority of a
surety bond signed by the applicant as principal, and by a surety
company authorized to transact business in this state as surety, or
of cash or other security satisfactory to such public authority, in
the amount fixed by such authority, and conditioned upon the payment
to such public authority by applicant of the cost of repairing any
damage to such public road occurring as a result of the excavating or
depositing of mine refuse or removed overburden for which the permit
was issued, the public authority shall issue to the applicant the
permit for which the applicant applied.

If,
at the end of three years after such excavation or deposit of mine
refuse or removed overburden is made, the licensee shall have paid or
caused to be paid all cost of repairing any damage to such public
road occurring within such time as a result of such excavating or
depositing for which such permit was issued, or, if within such
period of time no such damage to such shall have occurred, the bond
or cash or other security deposited with the public authority upon
the issuance of such permit, shall be released and returned to such
applicant.

(B)
Any person, firm, or corporation owning any land containing

mineral
minerals
,

including
underground minerals as defined in section 1514.60 of the Revised
Code,
coal,
stone, or clay, and over any portion of which any state, county, or
township road or public highway passes, may drill, excavate, mine, or
quarry through or under such road. Before the work is commenced, such
person, firm, or corporation shall execute and deliver to the
director of transportation in case of state roads, to the board of
county commissioners in case of county roads, or to the board of
township trustees in case of township roads, a bond, with good and
sufficient surety in such amount as shall be considered by the
director, the board of county commissioners, or the board of township
trustees, sufficient to cover any damages that may accrue by
excavating, mining, or quarrying through or under any such road, the
same to be approved by such director, board of county commissioners,
or board of township trustees. Such bond shall be conditioned that
while crossing over or mining or quarrying under any such road, a
safe and unobstructed passageway or road shall be kept open by such
person, firm, or corporation for the public use, and as soon as
practicable, such road shall be fully restored to its original safe
and passable condition. When such crossing is made by excavation at a
depth of more than thirty feet below the surface of such road, the
person, firm, or corporation making the same shall be liable to the
director, board of county commissioners, or board of township
trustees for any damage that may accrue by such excavation, and shall
be held to fully repair any such damage and to restore such road to
its original safe and passable condition. The right to mine or quarry
across or under public highways as provided in this section, shall
accrue to the owner, lessee, or agent of the land upon or through
which such highway passes.

As
used in this section, "road" or "highway" means
the entire right of way as well as the improved portion thereof, and
includes bridges, viaducts, grade separations, appurtenances, and
approaches on or to such road or highway.

Section
2.
That
existing sections 1514.01, 1514.02, 1514.021, 1514.022, 1514.023,
1514.024, 1514.03, 1514.04, 1514.05, 1514.07, 1514.071, 1514.08,
1514.09, 1514.11
,
1514.13
,
1514.40, 1514.41, 1514.42, 1514.43, 1514.44, 1514.45, 1514.46,
1514.50, 1514.99, and 1563.11 of the Revised Code are hereby
repealed.

Section
3.
The
Division of Mineral Resources Management shall conduct a study to
determine a centralized location for conducting safety education and
training for activities regulated under Chapter 1514. of the Revised
Code. Not later than one year after the effective date of this
section, the Division shall send a report of its findings to the
Governor, the President of the Senate, and the Speaker of the House
of Representatives.