Ohio Administrative Code

19.03 PDF: (A) Applicability. This rule shall apply to a permittee providing 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 who wishes to claim a tax credit under s…

19.03 PDF: (A) An application for a permit shall contain 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 those coal mining and reclamation operations for which …

19.03 PDF: (A) Procedure for requesting a reclamation phase approval conference or a performance security release conference.(1) The following persons may request a reclamation phase approval conference or a performance security release conference:(a) A person with a valid legal …

19.03 PDF: This rule shall apply only to coal exploration operations that substantially disturb the natural land surface.(A) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values, including critical habitats of threatened species an…

19.03 PDF: (A) All signs and markers required to be posted shall be of uniform design throughout the operation, easily visible, and shall be made of durable material. The signs and markers shall be maintained during all operations to which they pertain and shall conform to local …

19.03 PDF: (A) General requirements. Each exploration hole, other drill or borehole, shaft, well, or other exposed mine opening shall be cased, sealed, or otherwise managed, as approved by the chief, to prevent acid or other toxic drainage from entering ground or surface waters, …

19.03 PDF: (A) To prevent topsoil from being contaminated by spoil or waste materials or otherwise wasted, the permittee or operator shall remove the topsoil as a separate operation from areas to be disturbed. Topsoil shall be immediately redistributed according to the requiremen…

19.03 PDF: (A) General. Mining shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance in both the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement …

h 119. PDF: Coal mining operations shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in future coal mining operat…

19.03 PDF: (A) General.(1) The provisions of this rule shall apply to all surface blasting operations, including surface blasting operations incident to underground mining, on all coal mining and reclamation operations and on coal exploration operations. For box or contour cuts a…

19.03 PDF: (A) The objective of this rule is to ensure mass stability and protection from erosion and minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters, using current, recognized engineering standards and practices as eva…

19.03 PDF: (A) General requirements for surface mining operations. No surface mining operations shall be conducted closer than five hundred feet to any point of either an active or abandoned underground mine in order to prevent breakthroughs and to protect the health or safety of…

19.03 PDF: (A) Coal mine waste. General requirements.(1) General. All coal mine waste shall be placed in new or existing disposal areas within a permit area, which are approved by the chief for this purpose. Coal mine waste shall be placed in a controlled manner to:(a) Minimize a…

19.03 PDF: (A) General.(1) All surface blasting operations in coal and industrial minerals mines, including surface blasting operations incident to underground mining and blasting operations on coal exploration operations, shall be conducted by a certified blaster who has obtaine…

19.03 PDF: (A) Any person conducting coal mining operations shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of such resources where p…

19.03 PDF: (A) An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the chief as is needed to assure stability. The barrier shall be retained as a …

19.03 PDF: (A) Timing. Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement, revegetation, and any other work necessary to fulfill the approved mining and reclamation plan, to secure each phase of performance security release in accordance…

h 119. PDF: (A) In order to achieve the approximate original contour, the operator shall, as provided by this rule, transport, backfill, compact where advisable to ensure stability or to prevent leaching of toxic materials, and grade all spoil material to eliminate all highwalls,…

19.03 PDF: (A) Definitions.(1) "Countable tree" means a tree or shrub that:(a) Is in place for at least two years;(b) Is alive and healthy;(c) Has at least one-third of its length in live crown, with green foliage during its growing season, and is not diseased or insect-infested;…

19.03 PDF: (A) Temporary cessation.(1) Each person who conducts coal mining operations shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary abandonment shall no…

19.03 PDF: (A) All affected areas shall be reclaimed in a timely manner:(1) To conditions that are capable of supporting the uses which they were capable of supporting before any mining; or(2) To higher or better uses achievable under criteria and procedures of paragraph (D) of t…

19.03 PDF: (A) Request for extension of the time limits of paragraph (A)(3) of rule 1501:13-9-13 of the Administrative Code for the purpose of removing limestone, clay, or shale shall be submitted in writing to the chief of the division of mineral resources management not less th…

19.03 PDF: As used in Chapters 1501:14-1 to 1501:14-6 of the Administrative Code, except as may be otherwise specifically provided in the rules adopted pursuant to Chapter 1514. of the Revised Code:(A) "Accident," as used in division (C) of section 1514.40 of the Revised Code, me…

19.03 PDF: The validity of any rule or portion thereof, adopted or amended by the chief, pursuant to Chapter 1514. of the Revised Code, will not be affected by the invalidity of any other rule or portion thereof adopted or amended thereunder by the chief. Last updated February 1,…

19.03 PDF: Unless expressly provided to the contrary by any rule or any section of the Revised Code, any rule adopted or amended by the chief pursuant to Chapter 1514. of the Revised Code shall apply to, and be the rule of, any division or other unit of the department of natural …

19.03 PDF: (A) An application for a surface mining permit or for an amendment to a surface mining permit will not be deemed filed when it is received by the chief unless the application contains all substantial information required by Chapter 1514. of the Revised Code and rules a…

19.03 PDF: (A) Transfer of permit rights.(1) Submission of an application for transfer of a surface mining permit is necessary for any person seeking to succeed by transfer to the rights granted by a permit. The chief will prescribe forms for the application that request, at a mi…

19.03 PDF: (A) Public liability insurance required by division (A)(13) of section 1514.02 of the Revised Code is effective from the date of issuance of the permit until the release of the final portion of the performance bond.(B) A rider requiring that the insurer notify the chie…

19.03 PDF: (A) Required fees and surety bond, cash, an irrevocable letter of credit, or certificates of deposit are to be filed by the applicant within the time prescribed by the chief in the notification of intention to issue an order granting a surface mining permit, a renewal …

19.03 PDF: (A) Submit maps along with permit applications, renewal applications, and annual and final reports, as required by Chapter 1514. of the Revised Code and these rules, except that a map need not be submitted along with the annual report if there has been no affectment of…

19.03 PDF: Any reports required to be filed by Chapter 1514. of the Revised Code shall will not be deemed filed when received by the chief unless the reports contain all substantial information required by Chapter 1514. of the Revised Code and rules adopted pursuant thereto. Last…

19.03 PDF: (A) Public notices of hearings to adopt, amend, or rescind rules, which are conducted by the Ohio department of natural resources, division of mineral resources management, shall be given in the register of Ohio as required by Chapter 119. of the Revised Code. The webs…

19.03 PDF: (A) The Code of Federal Regulations (C.F.R.) references listed in Chapter 1501:14-1 and Chapters 1501:14-3 to 1501:14-6 of the Administrative Code are those published on the following date(s): for Title 30, July 1, 2023; for Title 40, July 1, 2023. These regulations ca…

19.03 PDF: (A) The Code of Federal Regulations (C.F.R.) references listed in Chapter 1501:14-2 of the Administrative Code are those published in the July 1, 2023, C.F.R. These regulations can generally be found in public libraries or electronically at the website govinfo.gov/. Th…

19.03 PDF: The safety requirements of 30 C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended, are hereby incorporated by reference and are the safety standards governing surface mining conducted pursuant to Chapter 1514. of the Revised Code and these rules. To minimize duplicatio…

19.03 PDF: This rule applies to surface mining operations that are inspected by MSHA.(A) The chief annually will conduct, in accordance with these rules, a safety performance evaluation of all surface mining operations in the state that are inspected by MSHA.(B) Collection of vio…

19.03 PDF: This rule applies to surface mining operations that are inspected by MSHA.(A) Accidents requiring reporting.(1) An accident that is required to be reported to MSHA pursuant to 30 C.F.R. 50.10 shall be reported to the division of mineral resources management, within one…

19.03 PDF: This rule applies to surface mining operations that are inspected by MSHA.(A) (1) If a surface mining operation is inspected by MSHA, the chief will conduct inspections of the operation only under the following circumstances:(a) The operation is identified through a sa…

19.03 PDF: (A) Upon the request of an operator, the chief will conduct mine safety training for the employees of that operator.(B) The chief may conduct one safety audit at a surface mining operation annually if the operator of the operation has requested the division to conduct …

19.03 PDF: (A) (1) The operator of a surface mining operation shall employ a certified mine foreperson to be in charge of the conditions and practices at the mine and to be responsible for conducting examinations of the surface mining operation under 30 C.F.R. part 56, as amended…

19.03 PDF: (A) In lieu of employing a certified mine foreperson in accordance with divisions (A) to (C) of section 1514.47 of the Revised Code and rule 1501:14-2-07 of the Administrative Code, the operator of a surface mining operation may, in accordance with division (D) of sect…

19.03 PDF: This rule applies to surface mining operations that are not inspected by MSHA. (A) Accidents and injuries requiring reporting.(1) (a) A fatality or a life-threatening injury that occurs at a surface mining operation that is not inspected by MSHA shall be reported to th…

19.03 PDF: This rule applies to surface mining operations that are not inspected by MSHA.(A) (1) If a surface mining operation is not inspected by MSHA, the chief will conduct mine safety inspections of the operation as follows:(a) A minimum of two inspections annually; or(b) If …

19.03 PDF: To minimize acid drainage and the accumulation of acid water, the operator shall, unless otherwise approved in the mining and reclamation plan, isolate any acid producing refuse material in a location that will minimize acid water formation and that will prevent such m…

19.03 PDF: (A) To insure that upon completion of reclamation any lake or pond located within the area of land affected is free of substances resulting from mining in amounts or concentrations that are harmful to persons, fish, waterfowl, or other beneficial species of aquatic lif…

19.03 PDF: (A) General.(1) The provisions of this rule shall apply to all surface blasting operations, including surface blasting operations incidental to underground mining, on all industrial minerals mining and reclamation operations. For box or contour cuts associated with dev…

19.03 PDF: (A) To insure that contamination, resulting from mining, of underground water supplies is prevented, the operator shall comply with the following conditions and requirements:(1) Promptly seal all auger holes with non-acid producing, impervious material to a compacted d…