Ohio § 1513.07

§ 1513.07.

(A)(1) No operator shall conduct a coal mining operation without a permit for the operation

issued by the chief of the division of mineral resources management. (2) All permits issued pursuant to this chapter shall be issued for a term not to exceed

five years, except that, if the applicant demonstrates that a specified longer term

is reasonably needed to allow the applicant to obtain necessary financing for equipment

and the opening of the operation and if the application is full and complete for the

specified longer term, the chief may grant a permit for the longer term.  A successor in interest to a permittee who applies for a new permit within thirty

days after succeeding to the interest and who is able to obtain the performance security

of the original permittee may continue coal mining and reclamation operations according

to the approved mining and reclamation plan of the original permittee until the successor's

application is granted or denied. (3) A permit shall terminate if the permittee has not commenced the coal mining operations

covered by the permit within three years after the issuance of the permit, except

that the chief may grant reasonable extensions of the time upon a showing that the

extensions are necessary by reason of litigation precluding the commencement or threatening

substantial economic loss to the permittee or by reason of conditions beyond the control

and without the fault or negligence of the permittee, and except that with respect

to coal to be mined for use in a synthetic fuel facility or specified major electric

generating facility, the permittee shall be deemed to have commenced coal mining operations

at the time construction of the synthetic fuel or generating facility is initiated. (4)(a) Any permit issued pursuant to this chapter shall carry with it the right of successive

renewal upon expiration with respect to areas within the boundaries of the permit.  The holders of the permit may apply for renewal and the renewal shall be issued

unless the chief determines by written findings, subsequent to fulfillment of the

public notice requirements of this section and section 1513.071 of the Revised Code through demonstrations by opponents of renewal or otherwise, that one or more of

the following circumstances exists: (i) The terms and conditions of the existing permit are not being satisfactorily met. (ii) The present coal mining and reclamation operation is not in compliance with the environmental

protection standards of this chapter. (iii) The renewal requested substantially jeopardizes the operator's continuing responsibilities

on existing permit areas. (iv) The applicant has not provided evidence that the performance security in effect for

the operation will continue in effect for any renewal requested in the application. (v) Any additional, revised, or updated information required by the chief has not been

provided.  Prior to the approval of any renewal of a permit, the chief shall provide notice

to the appropriate public authorities as prescribed by rule of the chief. (b) If an application for renewal of a valid permit includes a proposal to extend the

mining operation beyond the boundaries authorized in the existing permit, the portion

of the application for renewal of a valid permit that addresses any new land areas

shall be subject to the full standards applicable to new applications under this chapter. (c) A permit renewal shall be for a term not to exceed the period of the original permit

established by this chapter.  Application for permit renewal shall be made at least one hundred twenty days prior

to the expiration of the valid permit. (5) A permit issued pursuant to this chapter does not eliminate the requirements for

obtaining a permit to install or modify a disposal system or any part thereof or to

discharge sewage, industrial waste, or other wastes into the waters of the state in

accordance with Chapter 6111. of the Revised Code. (B)(1) The permit application shall be submitted in a manner satisfactory to the chief and

shall contain, among other things, all of the following: (a) The names and addresses of all of the following: (i) The permit applicant; (ii) Every legal owner of record of the property, surface and mineral, to be mined; (iii) The holders of record of any leasehold interest in the property; (iv) Any purchaser of record of the property under a real estate contract; (v) The operator if different from the applicant; (vi) If any of these are business entities other than a single proprietor, the names and

addresses of the principals, officers, and statutory agent for service of process. (b) The names and addresses of the owners of record of all surface and subsurface areas

adjacent to any part of the permit area; (c) A statement of any current or previous coal mining permits in the United States held

by the applicant, the permit identification, and any pending applications; (d) If the applicant is a partnership, corporation, association, or other business entity,

the following where applicable:  the names and addresses of every officer, partner,

director, or person performing a function similar to a director, of the applicant,

the name and address of any person owning, of record, ten per cent or more of any

class of voting stock of the applicant, a list of all names under which the applicant,

partner, or principal shareholder previously operated a coal mining operation within

the United States within the five-year period preceding the date of submission of

the application, and a list of the person or persons primarily responsible for ensuring

that the applicant complies with the requirements of this chapter and rules adopted

pursuant thereto while mining and reclaiming under the permit; (e) A statement of whether the applicant, any subsidiary, affiliate, or persons controlled

by or under common control with the applicant, any partner if the applicant is a partnership,

any officer, principal shareholder, or director if the applicant is a corporation,

or any other person who has a right to control or in fact controls the management

of the applicant or the selection of officers, directors, or managers of the applicant: (i) Has ever held a federal or state coal mining permit that in the five-year period

prior to the date of submission of the application has been suspended or revoked or

has had a coal mining bond, performance security, or similar security deposited in

lieu of bond forfeited and, if so, a brief explanation of the facts involved; (ii) Has been an officer, partner, director, principal shareholder, or person having the

right to control or has in fact controlled the management of or the selection of officers,

directors, or managers of a business entity that has had a coal mining or surface

mining permit that in the five-year period prior to the date of submission of the

application has been suspended or revoked or has had a coal mining or surface mining

bond, performance security, or similar security deposited in lieu of bond forfeited

and, if so, a brief explanation of the facts involved. (f) A copy of the applicant's advertisement to be published in a newspaper of general

circulation in the locality of the proposed site at least once a week for four successive

weeks, which shall include the ownership of the proposed mine, a description of the

exact location and boundaries of the proposed site sufficient to make the proposed

operation readily identifiable by local residents, and the location where the application

is available for public inspection; (g) A description of the type and method of coal mining operation that exists or is proposed,

the engineering techniques proposed or used, and the equipment used or proposed to

be used; (h) The anticipated or actual starting and termination dates of each phase of the mining

operation and number of acres of land to be affected; (i) An accurate map or plan, to an appropriate scale, clearly showing the land to be

affected, the land upon which the applicant has the legal right to enter and commence

coal mining operations, and the land for which the applicant will acquire the legal

right to enter and commence coal mining operations during the term of the permit,

copies of those documents upon which is based the applicant's legal right to enter

and commence coal mining operations or a notarized statement describing the applicant's

legal right to enter and commence coal mining operations, and a statement whether

that right is the subject of pending litigation.  This chapter does not authorize the chief to adjudicate property title disputes. (j) The name of the watershed and location of the surface stream or tributary into which

drainage from the operation will be discharged; (k) A determination of the probable hydrologic consequences of the mining and reclamation

operations, both on and off the mine site, with respect to the hydrologic regime,

providing information on the quantity and quality of water in surface and ground water

systems including the dissolved and suspended solids under seasonal flow conditions

and the collection of sufficient data for the mine site and surrounding areas so that

an assessment can be made by the chief of the probable cumulative impacts of all anticipated

mining in the area upon the hydrology of the area and particularly upon water availability,

but this determination shall not be required until hydrologic information of the general

area prior to mining is made available from an appropriate federal or state agency;

 however, the permit shall not be approved until the information is available and

is incorporated into the application; (l) When requested by the chief, the climatological factors that are peculiar to the

locality of the land to be affected, including the average seasonal precipitation,

the average direction and velocity of prevailing winds, and the seasonal temperature

ranges; (m) Accurate maps prepared by or under the direction of and certified by a qualified

registered professional engineer, registered surveyor, or licensed landscape architect

to an appropriate scale clearly showing all types of information set forth on topographical

maps of the United States geological survey of a scale of not more than four hundred

feet to the inch, including all artificial features and significant known archeological

sites.  The map, among other things specified by the chief, shall show all boundaries of

the land to be affected, the boundary lines and names of present owners of record

of all surface areas abutting the permit area, and the location of all buildings within

one thousand feet of the permit area. (n)(i) Cross-section maps or plans of the land to be affected including the actual area

to be mined, prepared by or under the direction of and certified by a qualified registered

professional engineer or certified professional geologist with assistance from experts

in related fields such as hydrology, hydrogeology, geology, and landscape architecture,

showing pertinent elevations and locations of test borings or core samplings and depicting

the following information:  the nature and depth of the various strata of overburden;

 the nature and thickness of any coal or rider seam above the coal seam to be mined;

 the nature of the stratum immediately beneath the coal seam to be mined;  all mineral

crop lines and the strike and dip of the coal to be mined within the area to be affected;

 existing or previous coal mining limits;  the location and extent of known workings

of any underground mines, including mine openings to the surface;  the location of

spoil, waste, or refuse areas and topsoil preservation areas;  the location of all

impoundments for waste or erosion control;  any settling or water treatment facility;

 constructed or natural drainways and the location of any discharges to any surface

body of water on the land to be affected or adjacent thereto;  profiles at appropriate

cross sections of the anticipated final surface configuration that will be achieved

pursuant to the operator's proposed reclamation plan;  the location of subsurface

water, if encountered;  the location and quality of aquifers;  and the estimated elevation

of the water table.  Registered surveyors shall be allowed to perform all plans, maps, and certifications

under this chapter as they are authorized under Chapter 4733. of the Revised Code. (ii) A statement of the quality and locations of subsurface water.  The chief shall provide by rule the number of locations to be sampled, frequency

of collection, and parameters to be analyzed to obtain the statement required. (o) A statement of the results of test borings or core samplings from the permit area,

including logs of the drill holes, the thickness of the coal seam found, an analysis

of the chemical properties of the coal, the sulfur content of any coal seam, chemical

analysis of potentially acid or toxic forming sections of the overburden, and chemical

analysis of the stratum lying immediately underneath the coal to be mined, except

that this division may be waived by the chief with respect to the specific application

by a written determination that its requirements are unnecessary.  If the test borings or core samplings from the permit area indicate the existence

of potentially acid forming or toxic forming quantities of sulfur in the coal or overburden

to be disturbed by mining, the application also shall include a statement of the acid

generating potential and the acid neutralizing potential of the rock strata to be

disturbed as calculated in accordance with the calculation method established under section 1513.075 of the Revised Code or with another calculation method. (p) For those lands in the permit application that a reconnaissance inspection suggests

may be prime farmlands, a soil survey shall be made or obtained according to standards

established by the secretary of the United States department of agriculture in order

to confirm the exact location of the prime farmlands, if any; (q) A certificate issued by an insurance company authorized to do business in this state

certifying that the applicant has a public liability insurance policy in force for

the coal mining and reclamation operations for which the permit is sought or evidence

that the applicant has satisfied other state self-insurance requirements.  The policy shall provide for personal injury and property damage protection in an

amount adequate to compensate any persons damaged as a result of coal mining and reclamation

operations, including the use of explosives, and entitled to compensation under the

applicable provisions of state law.  The policy shall be maintained in effect during the term of the permit or any renewal,

including the length of all reclamation operations.  The insurance company shall give prompt notice to the permittee and the chief if

the public liability insurance policy lapses for any reason including the nonpayment

of insurance premiums.  Upon the lapse of the policy, the chief may suspend the permit and all other outstanding

permits until proper insurance coverage is obtained. (r) The business telephone number of the applicant; (s) If the applicant seeks an authorization under division (E)(7) of this section to

conduct coal mining and reclamation operations on areas to be covered by the permit

that were affected by coal mining operations before August 3, 1977, that have resulted

in continuing water pollution from or on the previously mined areas, such additional

information pertaining to those previously mined areas as may be required by the chief,

including, without limitation, maps, plans, cross sections, data necessary to determine

existing water quality from or on those areas with respect to pH, iron, and manganese,

and a pollution abatement plan that may improve water quality from or on those areas

with respect to pH, iron, and manganese. (2) Information pertaining to coal seams, test borings, core samplings, or soil samples

as required by this section shall be made available by the chief to any person with

an interest that is or may be adversely affected, except that information that pertains

only to the analysis of the chemical and physical properties of the coal, excluding

information regarding mineral or elemental content that is potentially toxic in the

environment, shall be kept confidential and not made a matter of public record. (3)(a) If the chief finds that the probable total annual production at all locations of

any operator will not exceed three hundred thousand tons, the following activities,

upon the written request of the operator in connection with a permit application,

shall be performed by a qualified public or private laboratory or another public or

private qualified entity designated by the chief, and the cost of the activities shall

be assumed by the chief, provided that sufficient moneys for such assistance are available: (i) The determination of probable hydrologic consequences required under division (B)(1)(k)

of this section; (ii) The development of cross-section maps and plans required under division (B)(1)(n)(i)

of this section; (iii) The geologic drilling and statement of results of test borings and core samplings

required under division (B)(1)(o) of this section; (iv) The collection of archaeological information required under division (B)(1)(m) of

this section and any other archaeological and historical information required by the

chief, and the preparation of plans necessitated thereby; (v) Pre-blast surveys required under division (B)(5) of section 1513.161 of the Revised Code ; (vi) The collection of site-specific resource information and production of protection

and enhancement plans for fish and wildlife habitats and other environmental values

required by the chief under this chapter. (b) A coal operator that has received assistance under division (B)(3)(a) of this section

shall reimburse the chief for the cost of the services rendered if the chief finds

that the operator's actual and attributed annual production of coal for all locations

exceeds three hundred thousand tons during the twelve months immediately following

the date on which the operator was issued a coal mining and reclamation permit. (4) Each applicant for a permit shall submit to the chief as part of the permit application

a reclamation plan that meets the requirements of this chapter. (5) Each applicant for a coal mining and reclamation permit shall file a copy of the

application for a permit, excluding that information pertaining to the coal seam itself,

for public inspection with the county recorder or an appropriate public office approved

by the chief in the county where the mining is proposed to occur. (6) Each applicant for a coal mining and reclamation permit shall submit to the chief

as part of the permit application a blasting plan that describes the procedures and

standards by which the operator will comply with section 1513.161 of the Revised Code . (C) Each reclamation plan submitted as part of a permit application shall include, in

the detail necessary to demonstrate that reclamation required by this chapter can

be accomplished and in the detail necessary for the chief to determine the estimated

cost of reclamation if the reclamation has to be performed by the division of mineral

resources management in the event of forfeiture of the performance security by the

applicant, a statement of: (1) The identification of the lands subject to coal mining operations over the estimated

life of those operations and the size, sequence, and timing of the subareas for which

it is anticipated that individual permits for mining will be sought; (2) The condition of the land to be covered by the permit prior to any mining, including

all of the following: (a) The uses existing at the time of the application and, if the land has a history of

previous mining, the uses that preceded any mining; (b) The capability of the land prior to any mining to support a variety of uses, giving

consideration to soil and foundation characteristics, topography, and vegetative cover

and, if applicable, a soil survey prepared pursuant to division (B)(1)(p) of this

section; (c) The productivity of the land prior to mining, including appropriate classification

as prime farmlands as well as the average yield of food, fiber, forage, or wood products

obtained from the land under high levels of management. (3) The use that is proposed to be made of the land following reclamation, including

information regarding the utility and capacity of the reclaimed land to support a

variety of alternative uses, the relationship of the proposed use to existing land

use policies and plans, and the comments of any owner of the land and state and local

governments or agencies thereof that would have to initiate, implement, approve, or

authorize the proposed use of the land following reclamation; (4) A detailed description of how the proposed postmining land use is to be achieved

and the necessary support activities that may be needed to achieve the proposed land

use; (5) The engineering techniques proposed to be used in mining and reclamation and a description

of the major equipment;  a plan for the control of surface water drainage and of water

accumulation;  a plan, where appropriate, for backfilling, soil stabilization, and

compacting, grading, and appropriate revegetation;  a plan for soil reconstruction,

replacement, and stabilization, pursuant to the performance standards in section 1513.16 of the Revised Code , for those food, forage, and forest lands identified in that section;  and a statement

as to how the permittee plans to comply with each of the requirements set out in section 1513.16 of the Revised Code ; (6) A description of the means by which the utilization and conservation of the solid

fuel resource being recovered will be maximized so that reaffecting the land in the

future can be minimized; (7) A detailed estimated timetable for the accomplishment of each major step in the reclamation

plan; (8) A description of the degree to which the coal mining and reclamation operations are

consistent with surface owner plans and applicable state and local land use plans

and programs; (9) The steps to be taken to comply with applicable air and water quality laws and regulations

and any applicable health and safety standards; (10) A description of the degree to which the reclamation plan is consistent with local

physical, environmental, and climatological conditions; (11) A description of all lands, interests in lands, or options on such interests held

by the applicant or pending bids on interests in lands by the applicant, which lands

are contiguous to the area to be covered by the permit; (12) The results of test borings that the applicant has made at the area to be covered

by the permit, or other equivalent information and data in a form satisfactory to

the chief, including the location of subsurface water, and an analysis of the chemical

properties, including acid forming properties of the mineral and overburden;  except

that information that pertains only to the analysis of the chemical and physical properties

of the coal, excluding information regarding mineral or elemental contents that are

potentially toxic in the environment, shall be kept confidential and not made a matter

of public record; (13) A detailed description of the measures to be taken during the mining and reclamation

process to ensure the protection of all of the following: (a) The quality of surface and ground water systems, both on- and off-site, from adverse

effects of the mining and reclamation process; (b) The rights of present users to such water; (c) The quantity of surface and ground water systems, both on- and off-site, from adverse

effects of the mining and reclamation process or, where such protection of quantity

cannot be assured, provision of alternative sources of water. (14) Any other requirements the chief prescribes by rule. (D)(1) Any information required by division (C) of this section that is not on public file

pursuant to this chapter shall be held in confidence by the chief. (2) With regard to requests for an exemption from the requirements of this chapter for

coal extraction incidental to the extraction of other minerals, as described in division (H)(1)(a) of section 1513.01 of the Revised Code , confidential information includes and is limited to information concerning trade

secrets or privileged commercial or financial information relating to the competitive

rights of the persons intending to conduct the extraction of minerals. (E)(1) Upon the basis of a complete mining application and reclamation plan or a revision

or renewal thereof, as required by this chapter, and information obtained as a result

of public notification and public hearing, if any, as provided by section 1513.071 of the Revised Code , the chief shall grant, require modification of, or deny the application for a permit

and notify the applicant in writing in accordance with division (I)(3) of this section.  An application is deemed to be complete as submitted to the chief unless the chief,

within fourteen days of the submission, identifies deficiencies in the application

in writing and subsequently submits a copy of a written list of deficiencies to the

applicant.  An application shall not be considered incomplete or denied by reason of right of

entry documentation, provided that the applicant documents the applicant's legal right

to enter and mine at least sixty-seven per cent of the total area for which coal mining

operations are proposed. A decision of the chief denying a permit shall state in writing the specific reasons

for the denial. The applicant for a permit or revision of a permit has the burden of establishing

that the application is in compliance with all the requirements of this chapter.  Within ten days after the granting of a permit, the chief shall notify the boards

of township trustees and county commissioners, the mayor, and the legislative authority

in the township, county, and municipal corporation in which the area of land to be

affected is located that a permit has been issued and shall describe the location

of the land.  However, failure of the chief to notify the local officials shall not affect the

status of the permit. (2) No permit application or application for revision of an existing permit shall be

approved unless the application affirmatively demonstrates and the chief finds in

writing on the basis of the information set forth in the application or from information

otherwise available, which shall be documented in the approval and made available

to the applicant, all of the following: (a) The application is accurate and complete and all the requirements of this chapter

have been complied with. (b) The applicant has demonstrated that the reclamation required by this chapter can

be accomplished under the reclamation plan contained in the application. (c)(i) Assessment of the probable cumulative impact of all anticipated mining in the general

and adjacent area on the hydrologic balance specified in division (B)(1)(k) of this

section has been made by the chief, and the proposed operation has been designed to

prevent material damage to hydrologic balance outside the permit area. (ii) There shall be an ongoing process conducted by the chief in cooperation with other

state and federal agencies to review all assessments of probable cumulative impact

of coal mining in light of post-mining data and any other hydrologic information as

it becomes available to determine if the assessments were realistic.  The chief shall take appropriate action as indicated in the review process. (d) The area proposed to be mined is not included within an area designated unsuitable

for coal mining pursuant to section 1513.073 of the Revised Code or is not within an area under study for such designation in an administrative proceeding

commenced pursuant to division (A)(3)(c) or (B) of section 1513.073 of the Revised Code unless in an area as to which an administrative proceeding has commenced pursuant

to division (A)(3)(c) or (B) of section 1513.073 of the Revised Code , the operator making the permit application demonstrates that, prior to January 1,

1977, the operator made substantial legal and financial commitments in relation to

the operation for which a permit is sought. (e) In cases where the private mineral estate has been severed from the private surface

estate and surface disturbance will result from the applicant's proposed use of a

strip mining method, the applicant has submitted to the chief one of the following: (i) The written consent of the surface owner to the surface disturbance that will result

from the extraction of coal by the applicant's proposed strip mining method; (ii) A conveyance that expressly grants or reserves the right to extract the coal by strip

mining methods that cause surface disturbance; (iii) If the conveyance does not expressly grant the right to extract coal by strip mining

methods that cause surface disturbance, the surface-subsurface legal relationship

concerning surface disturbance shall be determined under the law of this state.  This chapter does not authorize the chief to adjudicate property rights disputes. (3)(a) The applicant shall file with the permit application a schedule listing all notices

of violations of any law, rule, or regulation of the United States or of any department

or agency thereof or of any state pertaining to air or water environmental protection

incurred by the applicant in connection with any coal mining operation during the

three-year period prior to the date of application.  The schedule also shall indicate the final resolution of such a notice of violation.  Upon receipt of an application, the chief shall provide a schedule listing all notices

of violations of this chapter pertaining to air or water environmental protection

incurred by the applicant during the three-year period prior to receipt of the application

and the final resolution of all such notices of violation.  The chief shall provide this schedule to the applicant for filing by the applicant

with the application filed for public review, as required by division (B)(5) of this

section.  When the schedule or other information available to the chief indicates that any

coal mining operation owned or controlled by the applicant is currently in violation

of such laws, the permit shall not be issued until the applicant submits proof that

the violation has been corrected or is in the process of being corrected to the satisfaction

of the regulatory authority, department, or agency that has jurisdiction over the

violation and that any civil penalties owed to the state for a violation and not the

subject of an appeal have been paid.  No permit shall be issued to an applicant after a finding by the chief that the

applicant or the operator specified in the application controls or has controlled

mining operations with a demonstrated pattern of willful violations of this chapter

of a nature and duration to result in irreparable damage to the environment as to

indicate an intent not to comply with or a disregard of this chapter. (b) For the purposes of division (E)(3)(a) of this section, any violation resulting from

an unanticipated event or condition at a surface coal mining operation on lands eligible

for remining under a permit held by the person submitting an application for a coal

mining permit under this section shall not prevent issuance of that permit.  As used in this division, “ unanticipated event or condition ” means an event or condition encountered in a remining operation that was not contemplated

by the applicable surface coal mining and reclamation permit. (4)(a) In addition to finding the application in compliance with division (E)(2) of this

section, if the area proposed to be mined contains prime farmland as determined pursuant

to division (B)(1)(p) of this section, the chief, after consultation with the secretary

of the United States department of agriculture and pursuant to regulations issued

by the secretary of the interior with the concurrence of the secretary of agriculture,

may grant a permit to mine on prime farmland if the chief finds in writing that the

operator has the technological capability to restore the mined area, within a reasonable

time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding

area under equivalent levels of management and can meet the soil reconstruction standards

in section 1513.16 of the Revised Code . (b) Division (E)(4)(a) of this section does not apply to a permit issued prior to August

3, 1977, or revisions or renewals thereof. (5) The chief shall issue an order denying a permit after finding that the applicant

has misrepresented or omitted any material fact in the application for the permit. (6) The chief may issue an order denying a permit after finding that the applicant, any

partner, if the applicant is a partnership, any officer, principal shareholder, or

director, if the applicant is a corporation, or any other person who has a right to

control or in fact controls the management of the applicant or the selection of officers,

directors, or managers of the applicant has been a sole proprietor or partner, officer,

director, principal shareholder, or person having the right to control or has in fact

controlled the management of or the selection of officers, directors, or managers

of a business entity that ever has had a coal mining license or permit issued by this

or any other state or the United States suspended or revoked, ever has forfeited a

coal or surface mining bond, performance security, or similar security deposited in

lieu of bond in this or any other state or with the United States, or ever has substantially

or materially failed to comply with this chapter. (7) When issuing a permit under this section, the chief may authorize an applicant to

conduct coal mining and reclamation operations on areas to be covered by the permit

that were affected by coal mining operations before August 3, 1977, that have resulted

in continuing water pollution from or on the previously mined areas for the purpose

of potentially reducing the pollution loadings of pH, iron, and manganese from discharges

from or on the previously mined areas.  Following the chief's authorization to conduct such operations on those areas, the

areas shall be designated as pollution abatement areas for the purposes of this chapter. The chief shall not grant an authorization under division (E)(7) of this section to

conduct coal mining and reclamation operations on any such previously mined areas

unless the applicant demonstrates to the chief's satisfaction that all of the following

conditions are met: (a) The applicant's pollution abatement plan for mining and reclaiming the previously

mined areas represents the best available technology economically achievable. (b) Implementation of the plan will potentially reduce pollutant loadings of pH, iron,

and manganese resulting from discharges of surface waters or ground water from or

on the previously mined areas within the permit area. (c) Implementation of the plan will not cause any additional degradation of surface water

quality off the permit area with respect to pH, iron, and manganese. (d) Implementation of the plan will not cause any additional degradation of ground water. (e) The plan meets the requirements governing mining and reclamation of such previously

mined pollution abatement areas established by the chief in rules adopted under section 1513.02 of the Revised Code . (f) Neither the applicant;  any partner, if the applicant is a partnership;  any officer,

principal shareholder, or director, if the applicant is a corporation;  any other

person who has a right to control or in fact controls the management of the applicant

or the selection of officers, directors, or managers of the applicant;  nor any contractor

or subcontractor of the applicant, has any of the following: (i) Responsibility or liability under this chapter or rules adopted under it as an operator

for treating the discharges of water pollutants from or on the previously mined areas

for which the authorization is sought; (ii) Any responsibility or liability under this chapter or rules adopted under it for

reclaiming the previously mined areas for which the authorization is sought; (iii) During the eighteen months prior to submitting the permit application requesting

an authorization under division (E)(7) of this section, had a coal mining and reclamation

permit suspended or revoked under division (D)(3) of section 1513.02 of the Revised Code for violating this chapter or Chapter 6111. of the Revised Code or rules adopted

under them with respect to water quality, effluent limitations, or surface or ground

water monitoring; (iv) Ever forfeited a coal or surface mining bond, performance security, or similar security

deposited in lieu of a bond in this or any other state or with the United States. (8) In the case of the issuance of a permit that involves a conflict of results between

various methods of calculating potential acidity and neutralization potential for

purposes of assessing the potential for acid mine drainage to occur at a mine site,

the permit shall include provisions for monitoring and record keeping to identify

the creation of unanticipated acid water at the mine site.  If the monitoring detects the creation of acid water at the site, the permit shall

impose on the permittee additional requirements regarding mining practices and site

reclamation to prevent the discharge of acid mine drainage from the mine site.  As used in division (E)(8) of this section, “potential acidity” and “neutralization

potential” have the same meanings as in section 1513.075 of the Revised Code . (F)(1) During the term of the permit, the permittee may submit an application for a revision

of the permit, together with a revised reclamation plan, to the chief. (2) An application for a revision of a permit shall not be approved unless the chief

finds that reclamation required by this chapter can be accomplished under the revised

reclamation plan.  The revision shall be approved or disapproved within ninety days after receipt of

a complete revision application.  The chief shall establish, by rule, criteria for determining the extent to which

all permit application information requirements and procedures, including notice and

hearings, shall apply to the revision request, except that any revisions that propose

significant alterations in the reclamation plan, at a minimum, shall be subject to

notice and hearing requirements. (3) Any extensions to the area covered by the permit except incidental boundary revisions

shall be made by application for a permit. (4) Documents or a notarized statement that form the basis of the applicant's legal right

to enter and commence coal mining operations on land that is located within an area

covered by the permit and that was legally acquired subsequent to the issuance of

the permit for the area shall be submitted with an application for a revision of the

permit. (G) No transfer, assignment, or sale of the rights granted under a permit issued pursuant

to this chapter shall be made without the written approval of the chief. (H) The chief, within a time limit prescribed in the chief's rules, shall review outstanding

permits and may require reasonable revision or modification of a permit.  A revision or modification shall be based upon a written finding and subject to

notice and hearing requirements established by rule of the chief. (I)(1) If an informal conference has been held pursuant to section 1513.071 of the Revised Code , the chief shall issue and furnish the applicant for a permit, persons who participated

in the informal conference, and persons who filed written objections pursuant to division (B) of section 1513.071 of the Revised Code , with the written finding of the chief granting or denying the permit in whole or

in part and stating the reasons therefor within sixty days of the conference, provided

that the chief shall comply with the time frames established in division (I)(3) of

this section. (2) If there has been no informal conference held pursuant to section 1513.071 of the Revised Code , the chief shall submit to the applicant for a permit the written finding of the

chief granting or denying the permit in whole or in part and stating the reasons therefor

within the time frames established in division (I)(3) of this section. (3) The chief shall grant or deny a permit not later than two hundred forty days after

the submission of a complete application for the permit.  Any time during which the applicant is making revisions to an application or providing

additional information requested by the chief regarding an application shall not be

included in the two hundred forty days.  If the chief determines that a permit cannot be granted or denied within the two-hundred-forty-day

time frame, the chief, not later than two hundred ten days after the submission of

a complete application for the permit, shall provide the applicant with written notice

of the expected delay. (4) If the application is approved, the permit shall be issued.  However, the permit shall prohibit the commencement of coal mining operations on

any land that is located within an area covered by the permit if the permittee has

not provided to the chief documents that form the basis of the permittee's legal right

to enter and conduct coal mining operations on that land.  If the application is disapproved, specific reasons therefor shall be set forth

in the notification.  Within thirty days after the applicant is notified of the final decision of the

chief on the permit application, the applicant or any person with an interest that

is or may be adversely affected may appeal the decision to the reclamation commission

pursuant to section 1513.13 of the Revised Code . (5) Any applicant or any person with an interest that is or may be adversely affected

who has participated in the administrative proceedings as an objector and is aggrieved

by the decision of the reclamation commission, or if the commission fails to act within

the time limits specified in this chapter, may appeal in accordance with section 1513.14 of the Revised Code .