Ohio § 1513.081

§ 1513.081.

(A) If a permittee becomes insolvent, or an alternative financial security to provide

long-term water treatment or a long-term alternative water supply, or both, is not

provided in accordance with division (F)(8) of section 1513.16 of the Revised Code , the division of mineral resources management shall have a priority lien in front

of all other interested creditors against the assets of that permittee for the amount

of any reclamation that is required as a result of the permittee's mining activities.  The chief of the division of mineral resources management shall file a statement

in the office of the county recorder of each county in which the mined land lies of

the estimated cost to reclaim the land and, if applicable, the cost to provide long-term

water treatment or a long-term alternative water supply, or both.  The estimated cost to reclaim the land and, if applicable, the cost to provide long-term

water treatment or a long-term alternative water supply, or both, shall include the

direct and indirect costs of the development, design, construction, management, and

administration of the reclamation and, if applicable, the long-term water treatment

or long-term alternative water supply.  The statement shall constitute a lien on the assets of the permittee as of the date

of the filing.  The lien shall continue in force so long as any portion of the lien remains unpaid

or until the chief issues a certificate of release of the lien.  If the chief issues a certificate of release of the lien, the chief shall file the

certificate of release in the office of each applicable county recorder. (B) The chief promptly shall issue a certificate of release of a lien under any of the

following circumstances: (1) Upon the repayment in full of the money that is necessary to complete the reclamation,

develop and implement mine drainage plans, or provide alternative financial security

for water treatment or to provide and maintain an alternative water supply, as applicable; (2) Upon the transfer of an existing permit that includes the areas of the operation

for which reclamation of land and water resources was not completed to a different

applicant; (3) Any other circumstance that the chief determines to be in the best interests of the

state. (C) The chief may modify the amount of a lien under this section.  If the chief modifies a lien, the chief shall file a statement in the office of

the county recorder of each applicable county of the new amount of the lien. (D) The chief may authorize an agent to hold a certificate of release in escrow for a

period not to exceed one hundred eighty days for the purpose of facilitating the transfer

of unreclaimed mine land. (E) All money from the collection of liens under this section shall be deposited in the

state treasury to the credit of the reclamation forfeiture fund created in section 1513.18 of the Revised Code .