Current through all regulations passed and filed through September 16, 2024
(A) The chief shall make available to the
public for inspection and copying, at reasonable times, all documents relating
to:
(1) Applications for permits, revisions,
renewals, and transfers, assignments or sales of permit rights; and
(2) Inspection and enforcement
actions.
(B)
(1) Copies of such records, reports,
inspection materials or information obtained by the chief shall be made
immediately available to the public at the local district offices of the
division of mineral resources management closest to the coal mining and
reclamation operations until at least five years after expiration of the period
during which the subject operation is active or is covered by any portion of a
reclamation performance security.
(2) To ensure compliance with paragraph
(B)(1) of this rule the chief shall, at the division of mineral resources
management district office responsible for inspection of the operation or, if
no such office is maintained in the county where the mining is occurring or
proposed to occur, at the office of the county recorder of that county or at
the county office of the natural resources conservation service of the United
States department of agriculture, either:
(a)
Make copies of all records, reports, inspection materials, and other subject
information available for public inspection; or
(b) Post for public inspection a description
of the information available for mailing and a procedure for obtaining such
information and, upon request, provide copies of subject information promptly
by mail or electronic mail.
(i) If a resident of the area where the
mining is occurring or proposed to occur makes a request under paragraph
(B)(2)(b) of this rule, the division shall provide copies for no
charge.
(ii) If a person other than
a resident of the area where the mining is occurring or proposed to occur makes
a request under paragraph (B)(2)(b) of this rule, the division shall follow the
policy of the department of natural resources in charging for copies.
(C) Records
which are confidential and unavailable to the public include:
(1) Information that pertains only to the
analysis of the chemical and physical properties of the coal to be mined,
except information on the components of such coal which are potentially toxic
in the environment;
(2) Preparatory
materials relating to hearings and enforcement proceedings which are
investigative in nature, and information provided by an information source or
witness to whom confidentiality has been promised;
(3) Information submitted to the chief if the
person submitting it requests in writing at the time of submission that it be
kept confidential and the information concerns trade secrets or is privileged
commercial or financial information relating to the competitive rights of
persons intending to conduct coal exploration; and
(4) Information on the nature and location of
archeological resources as required under the Archeological Resources
Protection Act of 1979,
16 U.S.C.
470aa et seq., as amended.
(D) Except as otherwise limited by
paragraph (C)(1) of this rule, information pertaining to coal seams, test
borings, core samplings or soil samples in an application shall be made
available to any person with an interest which is or may be adversely
affected.
(E) The availability of
other records or documents in the possession of the chief is subject to section
149.43
of the Revised Code, Chapter 1347. of the Revised Code, and other state and
federal laws as may be applicable.
(F) The chief shall provide for procedures,
including notice and opportunity to be heard for persons both seeking and
opposing disclosure, to maintain information required to be kept confidential
under this rule separately from other portions of the permit application. This
information shall be clearly identified by the applicant and submitted
separately from other portions of the application.
(G) For dates of federal rules and federal
laws referenced in this rule, see rule
1501:13-1-14
of the Administrative Code.
