Ohio § 1514.071

§ 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 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 with the commission pursuant to section 1514.09 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 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) 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 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 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.