Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-5 - Review of Permits
Section 1501:13-5-02 - Improvidently issued permits
Universal Citation: OH Admin Code 1501:13-5-02
Current through all regulations passed and filed through December 16, 2024
(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 a coal mining and reclamation permit was
improvidently issued if:
(a)
Under the permit eligibility criteria in effect at the
time the permit was issued:
(i)
The chief should not have issued the permit because of
an unabated or uncorrected violation; or
(ii)
The permit was
issued on the presumption that a violation was in the process of being
corrected to the satisfaction of the agency with jurisdiction over the
violation; and
(b)
The
violation:
(i)
Remains unabated or uncorrected; and
(ii)
Is not the
subject of a good faith appeal, or of an abatement plan or payment schedule
with which the permittee or other person responsible is complying to the
satisfaction of the regulatory authority, department or agency which has
jurisdiction over the violation; and
(c)
Through an
ownership or control link, the permittee was linked to the violation under the
permit eligibility criteria in effect at the time the permit was issued, and
the ownership or control link between the permittee and the person responsible
for the violation still exists, or, where the link was severed, the permittee
continues to be responsible for the violation.
(2)
When the chief
makes a preliminary finding under paragraph (B)(1) of this rule, the chief
shall serve the permittee with a written notice of the preliminary finding,
which shall be based on evidence sufficient to establish a prima facie case
that the permit was improvidently issued.
(3)
Within thirty
days of receiving a notice under paragraph (B)(2) of this rule, the permittee
may request an informal review of the preliminary finding pursuant to division
(A)(3) of section 1513.13 of the Revised Code and
may provide evidence to the chief as to why the permit was not improvidently
issued under the criteria in paragraph (B)(1) of this rule.
(C) If, in accordance with paragraph (B) of this rule and after considering any evidence submitted under paragraph (B)(3) of this rule, the chief finds that, because of an unabated or uncorrected violation , a permit was improvidently issued, the chief shall use one or more of the following remedial measures:
(1) Implement,
with the cooperation of the permittee or other person responsible, and with the
cooperation of the agency with jurisdiction over the violation, a plan for the abatement
or correction of the violation
;
(2) Impose on the
permit a condition requiring that in a reasonable period of time the permittee
or other person responsible abate or correct the
violation ;
(3) Suspend the permit
pursuant to paragraph (D) of this rule until the
violation is abated or corrected; or
(4) Rescind the permit
pursuant to paragraph (D) of this rule.
(D)
(1)
If, in accordance with paragraph (B) of this
rule, the chief finds that a permit was improvidently issued, and if, under
paragraph (C)(3) or (C)(4) of this rule, the
chief elects to suspend or rescind the permit,
the chief shall serve on the permittee notice of proposed suspension and
rescission which includes the reasons for the finding and states that
in sixty days the permit will be suspended, or in one
hundred and twenty days the permit will be rescinded, unless, within either of
those periods of time, the permittee submits proof, and the chief finds
that:
(a)
The
chief's finding under paragraph (B) of this rule was erroneous;
(b)
The
permittee or other person responsible has abated or corrected the violation on
which the finding was based to the satisfaction of the agency with jurisdiction
over the violation;
(c)
The violation is the subject of a good faith
administrative or judicial appeal and there does not remain in force an initial
judicial decision affirming the violation;
(d)
The violation is
the subject of an abatement or correction plan or payment schedule with which
the permittee or other person responsible is complying to the satisfaction of
the agency with jurisdiction over the violation;
(e)
The permittee
has severed any ownership or control link with the person responsible for, and
does not continue to be responsible for, the violation, and this link was
severed subsequent to the chief's finding pursuant to paragraph (B) of this
rule; or
(f)
The permittee is pursuing a good faith appeal of the
relevant ownership or control listing or finding and there does not remain in
force an initial judicial decision affirming the listing or finding.
(2)
When the chief
suspends or rescinds a permit pursuant to this rule, the chief shall:
(a)
Immediately
order the cessation of coal mining and reclamation operations under the permit;
and
(b)
Post written notice of the cessation order at the
division of mineral resources management district office closest to the permit
area.
(3) After permit
suspension or rescission, the permittee shall cease all coal mining and
reclamation operations under the permit, except for violation abatement
or correction and for reclamation and other
environmental protection measures as required by the chief.
(E) Any person having an interest that is or may be adversely affected by a decision of the chief made pursuant to this rule may appeal by filing a notice of appeal with the reclamation commission pursuant to section 1513.13 of the Revised Code.
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