Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-4 - Permits
Section 1501:13-4-06 - Permit applications, revisions, and renewals, and transfers, assignments, and sales of permit rights
Universal Citation: OH Admin Code 1501:13-4-06
Current through all regulations passed and filed through September 16, 2024
(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 fourteen business days of
the submission, identifies deficiencies in the application in writing and sends
a written list of the deficiencies to the applicant. When the application is
complete, the chief shall begin processing the application and notify the
applicant of the application number assigned by the chief, so that this number
may appear in the public notice required by division (A) of section
1513.071 of the Revised Code. An
application for an area adjacent to a permit issued pursuant to section
1513.07 of the Revised Code and
these rules may reference information previously submitted as part of the
application for that permit if the information is applicable;
(4) Show the name, address, and telephone
number of the person who prepared the application if that person is someone
other than an employee of the applicant;
(5) Include the name and address of the
newspaper in which the applicant is to publish the notice required by division
(B)(1)(f) of section 1513.07 of the Revised
Code;
(6) Include the telephone
number of the applicant, of the operator if the applicant is not the operator,
and of the applicant's statutory agent; and
(7) Include the employer identification
number of the applicant, or the last four digits of the social security number
of the applicant if the applicant is a sole proprietorship or
partnership.
(B) Additional requirements for permit renewals.
(1) Any permit issued shall have the right of
successive renewal upon expiration, provided the renewal complies with the
requirements of paragraphs (A) and (B) of this rule.
(2) In addition to the requirements of
paragraph (A) of this rule, an application for renewal shall:
(a) Be filed with the chief at least one
hundred twenty days before the expiration of the permit involved; and
(i) Be submitted on an application form for a
new permit if the renewal application includes land area that was not in the
valid existing permit; or
(ii) Be
submitted on a permit renewal application form if the renewal application
includes only land area that was in the valid existing permit; and
(b) Include the name and address
of the permittee, the term of the renewal requested, and the permit
number;
(c) Include evidence that a
liability insurance policy or adequate self-insurance under rule
1501:13-7-07
of the Administrative Code will be provided by the applicant for the proposed
period of renewal;
(d) Include
evidence that the performance security in effect for the operation will
continue in full force and effect for any renewal requested, as well as any
additional performance security required by the chief pursuant to Chapter
1501:13-7 of the Administrative Code;
(e) Include additional revised or updated
information required by the chief;
(f) Be subject to the requirement of division
(A)(4) of section 1513.07 of the Revised Code;
(g) Include a copy of the
newspaper notice and proof of publication as required by
paragraph (H) of rule
1501:13-4-03
of the Administrative Code; and
(h)
Be subject to the public notification, public participation, and hearing
provisions in sections
1513.07 and
1513.071 of the Revised
Code.
(3) Applications
for renewal that include proposed revisions to the permit.
(a) If an application for renewal that
includes proposed revisions to the permit is submitted on an application form
for a new permit pursuant to paragraph (B)(2)(a)(i) of this rule, then the
requirements for a permit revision under paragraph (E) of this rule shall not
apply.
(b) If an application for
renewal that includes any proposed revisions to the permit is submitted on a
permit renewal form pursuant to paragraph (B)(2)(a)(ii) of this rule, then the
revisions shall be identified and subject to the requirements of paragraph (E)
of this rule.
(4) In the
determination of whether to approve or deny a renewal of a permit, the burden
of proof shall be on the opponents of renewal.
(C) Any revisions to an application shall:
(1) Be initialed and dated by the person
making revisions. The name of the person shall be provided in the application
in the space provided; and
(2) Be
acknowledged in writing by the signature of the applicant in the application in
the space provided. Such acknowledgement shall be dated by the
applicant.
(D) For an application for which the applicant requests the chief to prepare the determinations of the probable hydrologic consequences as provided for by division (A)(4) of section 1513.02 of the Revised Code:
(1) The applicant shall submit:
(a) A request in writing to the chief at
least sixty days prior to the time that the applicant intends to submit the
application for a permit;
(b) On
forms provided by the chief, the following information:
(i) The name of the watershed and location of
the stream which will receive drainage discharged from the mining operation
(the location of the stream may appear on the hydrologic map);
(ii) A statement of the quality and locations
of subsurface water as required by division (B)(1)(n)(ii) of section
1513.07 of the Revised
Code;
(iii) A description of the
measures to be taken during mining and reclamation to assure protection of the
quality and quantity of surface and ground water systems both on and off-site
from the adverse effects of the mining and reclamation operations as required
by division (C)(13) of section
1513.07 of the Revised Code;
and
(iv) A description of the steps
to be taken to comply with applicable water quality laws and
regulations;
(c) A map
prepared in accordance with division (B)(1)(m) of section
1513.07 of the Revised Code and
Chapter 1501:13-4 of the Administrative Code showing the information required
by division (B)(1)(m) of section
1513.07 of the Revised Code and
Chapter 1501:13-4 of the Administrative Code;
(d) Cross-section maps or plans as related to
hydrologic studies prepared in accordance with division (B)(1)(n)(i) of section
1513.07 of the Revised Code and
Chapter 1501:13-4 of the Administrative Code, showing the information required
by division (B)(1)(n)(i) of section
1513.07 of the Revised Code and
Chapter 1501:13-4 of the Administrative Code; and
(e) The results of test borings as required
by division (C)(12) of section
1513.07 of the Revised Code,
submitted on a form provided by the chief;
(2) If the items required by paragraph (D)(1)
of this rule are not complete or need revision, the chief shall not be required
to prepare the determination of the probable hydrologic consequences. The chief
shall notify the requestor by certified mail of those items that are incomplete
or need revision. The sixty-day time period for preparation by the chief shall
stop on the date the requestor receives the certified mail or reasonably should
have received the certified mail, whichever is earlier. The sixty-day period
shall resume upon receipt by the division of mineral resources management of
the items that need to be completed or revised;
(3) The chief shall prepare the determination
of the probable hydrologic consequences within sixty days of receipt of the
items required by paragraph (D) of this rule. Those days during which the
requestor is revising or making the request complete shall not be included in
the sixty days allowed the chief;
(4) The chief shall submit the prepared
determination of the probable hydrologic consequences to the requestor and at
the same time return the items that were required to be submitted by the
requestor by paragraph (D) of this rule; and
(5) The person requesting the preparation of
the determination of the probable hydrologic consequences shall include the
chief's determination as part of a complete application for a permit.
(E) Revisions to permits shall:
(1) Be obtained when:
(a) There are changes from the mining or
reclamation operations as described in the approved plans for the original
permit;
(b) Required by an order
issued pursuant to paragraph (G) of this rule;
(c) As otherwise required by Chapter 1513. of
the Revised Code or these rules;
(2) Be subject to the notice and hearing
requirements when the changes in the mining and reclamation plan constitute a
significant alteration from mining and reclamation operations contemplated in
the original permit. Changes which constitute a significant alteration are
those which:
(a) Revise the plan to include
the dumping of hazardous chemical wastes and solid wastes;
(b) Revise the plan to include the permanent
relocation of a perennial stream;
(c) Revise the plan to include the use of
explosives;
(d) Revise the plan to
include the construction of an excess spoil disposal fill;
(e) Revise the plan to include the
construction of a coal processing waste bank;
(f) Revise the plan to include the use of
waste material as fill;
(g) Revise
the plan to change the postmining land use pursuant to rule
1501:13-9-17
of the Administrative Code;
(h)
Revise the plan to change the subsidence control plan;
(i) Revise the plan to change to a concurrent
surface and underground mining operation;
(j) Revise the plan to include the
construction of either a permanent or temporary impoundment that has an
embankment more than twenty feet in height, as measured from the upstream toe
of the embankment to the crest of the emergency spillway or has a storage
volume of twenty-acre feet or more;
(k) Revise the plan to include a variance
from approximate original contour; or
(l) Any other revision which the chief, by
order, determines to be significant;
(3) Be filed with the chief:
(a) Prior to making changes in the mining and
reclamation operations;
(b) If the
change is required by paragraph (G) of this rule, within the time period
specified in the order;
(4) Be approved or disapproved by the chief
within ninety days of receipt of a complete revision request, provided that
failure to disapprove shall not be deemed approval and that significant
revisions in the reclamation plan shall be subject to notice and hearing
requirements in accordance with paragraph (E)(2) of this rule;
(5) Be reviewed by the chief to determine
whether a new or updated probable hydrologic consequences determination shall
be required pursuant to either paragraph (E)(2) of rule
1501:13-4-05
or paragraph (E)(2) of rule
1501:13-4-14
of the Administrative Code;
(6) Be
reviewed by the chief to determine whether a new or updated cumulative
hydrologic impact assessment shall be required pursuant to divisions (B)(1)(k)
and (E)(2)(c) of section
1513.07 of the Revised Code;
and
(7) Be reviewed by the chief to
determine if an adjustment of the estimated cost of reclamation shall be
required pursuant to paragraph (E) of rule
1501:13-7-02
of the Administrative Code.
(F) Any extensions to the area covered by a permit, except for incidental boundary revisions, shall be made by application for a new permit.
(G) The chief shall review each permit.
(1) Review by the
chief shall occur not later than the middle of the permit term or every five
years whichever is more frequent. After this review, the chief may require, by
order to the permittee, reasonable revision or modification of the permit
provision to ensure compliance with Chapter 1513. of the Revised Code and these
rules.
(2) Permits that include
provisions for mountaintop removal operations, experimental practices,
variances from approximate original contour, or variances for delay in
contemporaneous reclamation for combined strip and underground mining
operations shall be reviewed by the chief as required by rule
1501:13-4-12
of the Administrative Code. Upon completion of the review, the chief may order
revisions or modifications of the mining and reclamation plan to ensure
compliance with Chapter 1513. of the Revised Code and Chapter 1501:13-9 of the
Administrative Code. The order shall be in writing and shall set forth the
findings that require the revisions or modifications.
(H) Transfer, assignment, or sale of permit rights.
(1) Any person seeking to succeed by
transfer, assignment, or sale to the rights granted by a permit shall, prior to
the date of such transfer, assignment or sale:
(a) Obtain appropriate performance security
coverage for the permitted operation by:
(i)
Obtaining transfer of the original performance security coverage of the
original permittee, provided that the successor meets the eligibility
requirements of paragraph (C)(2)(a) of rule
1501:13-7-01
of the Administrative Code where performance security is to be provided
together with reliance on the reclamation forfeiture fund in accordance with
paragraph (C)(2) of that rule; or
(ii) Providing sufficient performance
security in accordance with Chapter 1501:13-7 of the Administrative
Code.
(b) Obtain
insurance coverage in accordance with rule
1501:13-7-07
of the Administrative Code;
(c)
Provide the chief with an application for approval of such proposed transfer,
assignment, or sale including:
(i) The name
and address of the existing permittee and permit number;
(ii) A brief description of the proposed
action requiring approval;
(iii)
The name and address of the person proposing to succeed by such transfer,
assignment, or sale and the name and address of that person's resident agent;
and
(iv) The same information as is
required by rules
1501:13-4-03
and
1501:13-7-07
of the Administrative Code for applications for new permits for those
activities; and
(d)
Obtain the written approval of the chief for transfer, assignment, or sale of
rights, according to paragraph (H)(4) of this rule.
(2) Prior to the approval of the transfer,
assignment or sale, the chief may require that any civil penalties assessed on
the permit be paid. No transfer, assignment or sale will be approved if the
person succeeding to the permit owes civil penalties to the state.
(3) Advertisement and comment.
(a) The person applying for approval of such
transfer, assignment or sale of rights granted by a permit shall advertise the
filing of the application in a newspaper of general circulation in the locality
of the operations involved, indicating the name and address of the applicant,
the original permittee, the permit number and particular geographic location of
the permit, and the address to which written comments may be sent under this
paragraph.
(b) Any person whose
interests are or may be adversely affected, including, but not limited to, the
head of any local, state or federal government agency may submit written
comments on the application for approval to the chief within ten days after the
advertisement of the application is published.
(4) The chief may, upon the basis of the
applicant's compliance with the requirements of paragraphs (H)(1) to (H)(3) of
this rule, grant written approval for the transfer, sale, or assignment of
rights under a permit, if he or she first finds, in writing, that:
(a) The person seeking approval will conduct
the operations covered by the permit in accordance with the requirements of
Chapter 1513. of the Revised Code and these rules;
(b) The applicant is eligible to receive a
permit in accordance with paragraphs (E) and (F) of rule
1501:13-5-01
of the Administrative Code;
(c)
The applicant has, in accordance with paragraph (H)(1)(a) of this rule,
submitted performance security as required by Chapter 1501:13-7 of the
Administrative Code in an amount at least equivalent to the performance
security of the original permittee; and
(d) The applicant will continue to conduct
the operations involved in full compliance with the terms and conditions of the
original permit, unless and until the applicant has obtained a new
permit.
(5)
Notification.
(a) The chief shall notify the
permittee, the successor, commenters, and the office of surface mining of his
or her findings.
(b) The successor
shall immediately provide written notice to the chief of the consummation of
the transfer, assignment, or sale of permit rights.
(I) The permittee shall notify the chief within a reasonable amount of time not later than thirty days after any addition, departure, or change in the persons required to be shown in the permit application, pursuant to division (B)(1)(d) of section 1513.07 of the Revised Code, by submitting, in writing, the following information:
(1) The person's name, address, and telephone
number;
(2) The person's position
title and relationship to the applicant, including percentage of ownership and
location in the organizational structure;
(3) The date the person began functioning in
the position; and
(4) The date of
any departure.
(J) The permittee shall notify the chief in writing of any change in the address of the principal place of business required in the permit application, pursuant to paragraph (B)(1)(a) of rule 1501:13-4-03 of the Administrative Code.
(K) For those applicants who qualify for the small operator assistance program (S.O.A.P.), the applicant shall initiate action for the assistance sufficiently in advance to allow the division time to prepare the information required by paragraph (A) of rule 1501:13-6-03 of the Administrative Code. The applicant shall submit the information required under paragraph (D) of rule 1501:13-6-03 of the Administrative Code at the time of filing a complete permit application.
(L) Subsequent to any amendment of Chapter 1513. of the Revised Code or adoption of new or amended rules, the applicant shall revise those applications on file with the chief to comply with the permit requirements of the amended chapter or new or amended rules. This paragraph does not apply to those applications for which a permit has been issued except as provided under paragraph (G) of this rule.
(M) Determinations of the chief under this rule may be appealed to the reclamation commission pursuant to section 1513.13 of the Revised Code.
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