Ohio Administrative Code

19.03 PDF: (A) The permittee shall either:(1) Adopt measures consistent with known technology which prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable …

h 119. PDF: (A) Surface entries and access to underground workings, including adits and slopes, shall be located, designed, constructed, and utilized to prevent or control gravity discharge of water from the mine.(B) Gravity discharge of water from an underground mine, other than…

19.03 PDF: (A) General.(1) Auger mining operations shall be conducted in accordance with the requirements of Chapters 1501:13-9 to 1501:13-11 of the Administrative Code, except as provided in this rule.(2) The chief may prohibit auger mining, if necessary, to:(a) Maximize the uti…

19.03 PDF: (A) Special requirements. Coal mining and reclamation operations conducted on prime farmland shall meet the following requirements:(1) A permit shall be obtained for those operations under paragraph (F) of rule 1501:13-4-12 of the Administrative Code; and(2) Soil mater…

h 119. PDF: (A) Mountaintop removal mining operations shall be exempt from the requirements of rule 1501:13-9-14 of the Administrative Code for achieving approximate original contour, if the following requirements are met:(1) The chief grants a variance under paragraph (C) of rul…

h 119. PDF: (A) The operator conducting coal mining and reclamation operations on natural slopes that exceed twenty degrees, or on lesser slopes that require measures to protect the area from disturbance, as determined by the chief after consideration of soils, climate, the metho…

19.03 PDF: (A) Applicability. Each person who operates a coal preparation plant or support facility in connection with a coal mine but not located within the permit area for a specific mine shall obtain a permit in accordance with paragraph (I) of rule 1501:13-4-12 of the Adminis…

h 119. PDF: (A) Performance standards.(1) The person who conducts in situ processing activities shall comply with the provisions of this rule.(2) In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by:(a) Avoid…

19.03 PDF: (A) General requirements.(1) The permittee shall restore on the permit area streams and wetlands affected by mining operations unless the chief approves restoration off the permit area by means of mitigation pursuant to division (A)(25) of section 1513.16 of the Revise…

19.03 PDF: (A) For purposes of this rule:(1) "Chief" shall mean the chief, his or her authorized representative, or any inspection officer.(2) "Inactive coal mining and reclamation operation" means an operation:(a) For which the chief has secured from the permittee the written no…

19.03 PDF: (A) Cessation orders.(1) Imminent danger; significant harm.(a) An authorized representative of the chief shall immediately order a cessation of coal mining and reclamation operations or of the relevant portion thereof, if he or she finds on the basis of any inspection,…

19.03 PDF: (A) The chief shall review each notice of violation and cessation order in accordance with the assessment procedures described in this rule to determine whether a civil penalty shall be assessed, the amount of the penalty, and whether each day of a continuing violation…

19.03 PDF: (A) Award of costs and expenses.(1) Any person may file a petition for award of costs and expenses including attorneys' fees reasonably incurred as a result of that person's participation in any administrative proceeding under Chapter 1513. of the Revised Code which re…

19.03 PDF: (A) Procedure for request for informal conference. Any person whose interests are or may be adversely affected by the issuance of a permit, the issuance of a significant revision to a permit or the renewal of a permit, or the officer or head of any federal, state or lo…

19.03 PDF: (A) Definitions. For the purposes of this rule:(1) "Violation" means a violation of any requirement of Chapter 1513. of the Revised Code, rules adopted thereunder, or of any permit condition.(2) "Failure or refusal" means a failure or refusal to comply with any notice …

19.03 PDF: (A) Except as provided in paragraph (B) of this rule, a person claiming valid existing rights must demonstrate both of the following:(1) A property rights demonstration showing that, at the time the land came under the protection of division (D) of section 1513.073 of …

19.03 PDF: (A) Except for federal lands subject to 30 C.F.R. Part 761, any person who intends to conduct coal mining operations on the basis of valid existing rights under division (D) of section 1513.073 of the Revised Code and rules adopted thereunder shall file with the chief …

19.03 PDF: (A) Subject to valid existing rights and qualification for the exception for existing operations under paragraph (B) of this rule, no coal mining operations shall be conducted:(1) On any lands within the boundaries of the national park system, the national wildlife ref…

19.03 PDF: (A) Upon receipt of a complete application for a coal mining and reclamation operation permit, or a complete application for revision of the boundaries of a coal mining and reclamation operation permit, the chief shall review the application to determine whether coal m…

19.03 PDF: (A) Criteria for designating lands as unsuitable.(1) Upon petition, an area shall be designated as unsuitable for all or certain types of coal mining operations, if the chief determines that reclamation is not technologically and economically feasible.(2) Upon petition…

h 119. PDF: Designation of any area as unsuitable for all or certain types of coal mining operations does not prohibit coal exploration operations in the area, provided that exploration is conducted in accordance with the requirements of Chapter 1513. of the Revised Code and rule…

19.03 PDF: (A) Petitions.(1) Right to petition. Any person having an interest which is or may be adversely affected has the right to petition the chief to have an area designated as unsuitable for coal mining operations, or to have an existing designation terminated. A person hav…

h 119. PDF: To provide for lateral support, no permit application shall be approved to extend any part of a pit within fifty feet of horizontal distance to an adjacent land or water unless the permittee owns either the surface or the mineral rights in and under the adjoining land…

19.03 PDF: (A) Responsibilities.(1) Persons seeking to engage in coal mining and reclamation operations, including underground mining operations, shall submit an application for and obtain a permit for those operations in accordance with Chapters 1501:13-4, 1501:13-5, and 1501:13…

19.03 PDF: (A) Any person who intends to conduct coal exploration operations outside a permit area shall, prior to conducting the exploration, file with the chief a written notice of intention to explore.(1) Except for exploration of lands designated in accordance with Chapter 15…

19.03 PDF: (A) Definition.(1) For the purposes of this rule, a person "owned or controlled" or "owns or controls" a coal mining operation if, at any time:(a) The person is the permittee of a coal mining operation;(b) Based on instruments of legal or equitable ownership or voting …

19.03 PDF: (A) General requirements.(1) This rule shall apply only to coal mining operations other than underground mining operations.(2) (a) Each application shall describe and identify the nature of cultural, historic and archeological resources listed or eligible for listing o…

19.03 PDF: (A) Operation plan: general requirements.(1) This rule shall apply only to coal mining operations other than underground mining operations.(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine wit…

19.03 PDF: (A) Applications for permits and permit renewals shall:(1) Be submitted on forms provided by the chief;(2) Be filed with the proper number of copies and at places designated by the chief;(3) Be deemed to be complete as submitted to the chief unless the chief, within fo…

19.03 PDF: Within thirty days after each anniversary date of the issuance of a coal mining and reclamation permit, the permittee shall file the following with the chief:(A) An annual report that shall:(1) Be on a form prescribed and provided by the chief;(2) Include the following…

19.03 PDF: This rule applies to coal mining operations, including underground mining surface operations, but does not apply to underground workings.(A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by …

19.03 PDF: This rule applies only to underground workings.(A) Application map. The permit application shall include an application map prepared by or under the direction of and certified by a surveyor or jointly by an engineer and a surveyor, to the extent such certification is r…

19.03 PDF: All maps and drawings required by Chapter 1513. of the Revised Code or Chapters 1501:13-1 to 1501:13-14 of the Administrative Code shall, in addition to other applicable requirements, be submitted to the division and, where the area of land to be permitted is ten acres…

19.03 This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed. View Rule Text Last updated February 27, 2023 at 9:47 AM Authorized By: 1513.02 Amplifies: 1513.07 Five Year Review Date: 11/30/2026 Prior Effective Dates: 9/1/1977, 5/…

19.03 PDF: (A) All maps required by Chapter 1513. of the Revised Code or Chapters 1501:13-4 to 1501:13-14 of the Administrative Code showing land affected under a permit and reaffected under a subsequent permit shall conform to the requirements of paragraph (A) of rule 1501:13-4-…

19.03 PDF: (A) Scope. This rule establishes the minimum requirements for permits for certain categories of coal mining and reclamation operations. These requirements are in addition to the general permit requirements contained in Chapter 1501:13-4 of the Administrative Code. All …

19.03 PDF: (A) General requirements.(1) This rule applies only to underground mining operations.(2) (a) Each application shall describe and identify the nature of cultural, historic and archeological resources listed or eligible for listing on the "National Register of Historic P…

19.03 PDF: (A) Operation plan: general requirements.(1) This rule shall apply only to underground mining operations.(2) Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine including:(a) A narrative description…

19.03 PDF: (A) Applicability.(1) This rule shall apply to applicants who seek authorization to conduct coal mining operations under modified effluent limitations of a remining NPDES permit on certain previously mined areas in which the earlier coal mining operations have resulted…

19.03 PDF: The purpose of this rule is to establish exemption criteria so that legitimate operators of industrial minerals mining operations regulated under Chapter 1514. of the Revised Code may extract coal which they encounter incidentally while recovering other minerals, witho…

19.03 PDF: (A) Public notices of filing of permit applications, applications for significant revisions to permits, and applications for permit renewal.(1) After the chief determines an application for a permit, for a significant revision to a permit, or for a permit renewal to be…

19.03 PDF: (A) If the chief has reason to believe that a coal mining and reclamation permit was improvidently issued, the chief shall review the circumstances under which the permit was issued using the criteria in this rule.(B) (1) The chief shall make a preliminary finding that…

h 119. PDF: (A) The chief shall conduct an annual review of compliance with each exemption for coal extraction incidental to the extraction of other minerals approved under rule 1501:13-4-16 of the Administrative Code. The chief shall utilize the annual report submitted in accord…

19.03 PDF: (A) General.(1) The small operator assistance program (S.O.A.P.) governs the procedures for providing financial assistance to qualified small mine operators who request assistance under division (B)(3) of section 1513.07 of the Revised Code for:(a) The determination of…

19.03 PDF: (A) Requirement to file performance security.(1) After an application for a permit to conduct coal mining and reclamation operations has been approved under these rules, the applicant shall file with the chief performance security in compliance with these rules.(a) If …

19.03 PDF: (A) Performance security amount for permits for which the applicant or permittee provides performance security together with reliance on the reclamation forfeiture fund in accordance with paragraph (C)(2) of rule 1501:13-7-01 of the Administrative Code.(1) The amount o…

19.03 PDF: (A) Form of the performance security. The performance security to be submitted by the applicant or permittee shall be on forms furnished by the chief. The chief shall allow for:(1) A surety bond;(2) A collateral bond;(3) A trust fund; or(4) A combination of any of thes…