Ohio § 1514.022

§ 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 permit for a proposed surface or in-stream mining operation; (b) An application filed under division (D) 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. (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 or in-stream mining operation

or a proposed surface 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 or in-stream mining operation or proposed surface 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 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.