Current through all regulations passed and filed through March 18, 2024
(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 the probable
hydrologic consequences of mining and reclamation under division (B)(1)(k) of
section 1513.07 of the Revised Code
including the engineering analyses and designs necessary for the
determination;
(b) The geologic
drilling and statement of the results of physical and chemical analyses of test
borings or core samples required under division (B)(1)(o) of section
1513.07 of the Revised
Code;
(c) The development of
cross-section maps and plans required under division (B)(1)(n)(i) of section
1513.07 of the Revised Code;
(d) The collection of
archaeological information required under division (B)(1)(m) of section
1513.07 of the Revised Code and
any other archaeological and historical information required by the chief, and
the preparation of plans necessitated thereby;
(e) Pre-blast surveys required under division
(E) of section 1513.161 of the Revised Code;
and
(f) The collection of
site-specific resource information and production of protection and enhancement
plans for fish and wildlife habitats and other environmental values required by
the chief under Chapter 1513. of the Revised Code.
(2) The objective of this rule is to meet the
intent of division (B)(3) of section
1513.07 of the Revised Code by
providing financial assistance to qualified small operators.
(3) The chief shall provide financial
assistance under division (B)(3) of section
1513.07 of the Revised Code to
the extent funds are appropriated by congress specifically for this
program.
(4) The chief shall:
(a) Review requests for financial assistance
and determine eligible applicants;
(b) Develop and maintain a list of qualified
laboratories;
(c) Select and pay
laboratories, or reimburse eligible applicants for paying laboratories that
have been selected by the division of mineral resources management for services
rendered; and
(d) Conduct periodic
on-site evaluations of the program activities with the appropriate small
operator and laboratories.
(5) The chief shall develop policies and
procedures for:
(a) Data acquisition, analysis
and interpretation;
(b) Model
contract stipulations; and
(c)
Qualification of labs.
(6) The chief shall ensure that applicable
equal opportunity in employment provisions are included within any contract or
other procurement documents.
(B) Program services. To the extent possible
with available funds, the chief shall, for eligible small operators who request
financial assistance, select and pay a qualified laboratory or reimburse an
eligible operator to hire a qualified laboratory selected by the division of
mineral resources management to provide those services requested and eligible
under paragraph (A) of this rule.
(C) Eligibility for assistance.
(1) An applicant is eligible for assistance
if he or she:
(a) Intends to apply for a
permit pursuant to Chapter 1513. of the Revised Code; and
(b) Establishes that his or her probable
total actual and attributed annual production from all locations during any
consecutive twelve-month period either during the term of his or her permit or
during the first five years after issuance of his or her permit, whichever
period is shorter, will not exceed three hundred thousand tons.
(2) In determining an applicant's
eligibility his or her production figures will be verified by referencing
production figures on file at the Ohio department of taxation and the Ohio
department of natural resources. Production from the following operations shall
be attributed to the permittee:
(a) The pro
rata share, based upon percentage of ownership of applicant, of coal produced
by operations in which the applicant owns ten per cent or more
interest;
(b) The pro rata share,
based upon percentage of ownership of applicant, of coal produced in other
operations by persons who own ten per cent or more of the applicant's
operation;
(c) All coal produced by
operations owned by persons who directly or indirectly control the applicant by
reason of direction of the management; and
(d) All coal produced by operations owned by
members of the applicant's family and the applicant's relatives, unless it is
established that there is no direct or indirect business relationship between
or among them.
(3) An
applicant is not eligible if he or she organizes or reorganizes his or her
company solely for the purpose of obtaining assistance under this
rule.
(D) Filing for
assistance. Each applicant shall submit the following information to the chief:
(1) A statement of intent to file a permit
application;
(2) The names,
addresses and telephone numbers of:
(a) The
potential permit applicant; and
(b)
The potential operator if different from the applicant;
(3) The business structure of the applicant,
i.e., sole proprietorship, partnership, etc.;
(4) Applicant's three most recent "out of
state" permits, if any;
(5) A
schedule of the estimated total production of coal from the proposed permit
area and all other locations from which production is attributed to the
applicant under paragraph (C) of this rule. The schedule shall include for each
location:
(a) The name under which coal is or
will be mined and severance tax account number of any other company from which
production is attributed to the applicant;
(b) The permit number and mine safety and
health administration identification number;
(c) The actual coal production for the year
preceding the application for assistance and that portion of the production
attributed to the applicant; and
(d) The estimated coal production for each
year of the proposed permit and that portion attributed to the
applicant;
(6) The
federal tax identification number of the applicant;
(7) A statement of the anticipated starting
and termination dates of the proposed mining operations;
(8) A description of the method of coal
mining operation proposed and the number of acres to be affected by the
proposed mining;
(9) A topographic
map on a scale as required by rule
1501:13-4-09
of the Administrative Code which shows:
(a)
The area of land to be permitted;
(b) The adjacent area;
(c) The location of any existing or proposed
test borings;
(d) The location and
extent of known workings of any underground mines; and
(e) Any additional information required by
the chief;
(10) Copies
of documents showing that:
(a) The applicant
has a legal right to enter and commence mining within the permit area;
and
(b) A legal right of entry has
been obtained for the office of surface mining, the chief and his or her
authorized representatives, and laboratory personnel to inspect the lands which
may be affected to collect environmental data or install necessary instruments;
and
(11) A general
statement on the probable depth and thickness of the coal resource including a
statement of reserves in the permit area and the method by which they were
calculated.
(E)
Application approval and notice.
(1) If the
chief finds the applicant eligible, and he or she does not have information
readily available which would preclude issuance of a permit to the applicant
for mining in the area proposed, he or she shall provide for the acquisition of
the necessary information by qualified laboratories to fulfill the data
requirements of paragraph (F) of this rule.
(2) If the chief finds the applicant
eligible, the chief shall inform the applicant in writing that the application
is approved. If the chief finds the applicant ineligible, the chief shall
inform the applicant in writing that the application is denied and shall state
the reasons for denial.
(3) The
granting of assistance under this part shall not be a factor in decisions by
the chief on a subsequent permit application.
(F) Data requirements.
(1) The chief shall determine the data
collection requirements for each applicant or group of applicants. Data
collection and analysis may proceed concurrently with the development of mining
and reclamation plans by the applicant. The data requirements will be based on:
(a) The extent of currently available
hydrologic and overburden analysis data for the applicable area provided by the
division of mineral resources management; and
(b) The data collection and analysis
guidelines developed and provided by the chief.
(2) The data, results, analyses, and
statements provided to the chief shall be sufficient to satisfy the
requirements for:
(a) The determination of the
probable hydrologic consequences of the mining and reclamation operations on
the proposed permit area and adjacent areas, including the engineering analyses
and designs necessary for the determination, shall be made by a qualified
laboratory. The data for this determination shall include that information
required by division (B)(1)(k) of section
1513.07 of the Revised Code and
paragraph (E)(2) of rule
1501:13-4-05
or paragraph (E)(2) of rule
1501:13-4-14
of the Administrative Code;
(b) The
drilling and statement, by a qualified laboratory, of the result of test
borings or core samplings from the proposed permit area, including that
information required by division (B)(1)(o) of section
1513.07 of the Revised Code and
paragraphs (C)(2) and (C)(3) of rule
1501:13-4-04
or paragraph (C)(2) of rule
1501:13-4-13
of the Administrative Code, unless this requirement is waived as provided by
division (B)(1)(o) of section
1513.07 of the Revised
Code;
(c) The development of
cross-section maps and plans required by division (B)(1)(n)(i) of section
1513.07 of the Revised Code and
paragraph (B) of rule 1501:13-4-08 or paragraph (B) of rule
1501:13-4- 08.1 of the Administrative Code;
(d) The collection of archeological
information required under division (B)(1)(m) of section
1513.07 of the Revised Code and
paragraph (A) of rule
1501:13-4-04
or paragraph (A) of rule
1501:13-4-13
of the Administrative Code, any other archaeological and historical information
required by the chief, and the preparation of plans necessitated thereby;
(e) Pre-blast surveys required
under division (E) of section
1513.161 of the Revised Code and
paragraph (C) of rule
1501:13-9-06
of the Administrative Code; and
(f) The collection of site-specific resource
information and production of protection and enhancement plans for fish and
wildlife habitats and other environmental values required by the chief under
Chapter 1513. of the Revised Code and paragraph (P) of rule
1501:13-4-05
or paragraph (R) of rule
1501:13-4-14
of the Administrative Code.
(3) Data availability. Data collected under
this program shall be made available to all interested persons, except
information related to the chemical and physical properties of coal.
Information regarding the mineral or elemental content of the coal which is
potentially toxic in the environment shall be made available. The program
administrator shall develop procedures for interstate coordination and exchange
of data.
(G) Qualified
laboratories.
(1) General.
(a) As used in this rule, "qualified
laboratory" means a designated public agency, private consulting firm,
institution, or analytical laboratory which can provide services for the
required determination or statement under the S.O.A.P. program.
(b) The chief shall establish a list of
qualified laboratories which may be used under the procedures of this
rule.
(c) Persons who desire to be
included in the list of qualified laboratories shall apply to the division of
mineral resources management and provide such information as is necessary to
establish the qualifications required by paragraph (G)(2) of this
rule.
(2) Basic
qualifications.
(a) To qualify for
designation, the laboratory shall demonstrate that it:
(i) Is staffed with experienced, professional
or technical personnel in the fields applicable to the work to be
performed;
(ii) Has adequate space
for material preparation and cleaning and sterilizing equipment, and has
stationary equipment, storage, and space to accommodate periods of peak work
loads;
(iii) Meets the requirements
for the Occupational Safety and Health Act,
29
U.S.C. 651 et seq., as amended, or the
equivalent state safety and health program;
(iv) Has analytical, monitoring and measuring
equipment capable of meeting applicable standards and methods;
(v) Is capable of making hydrologic field
measurements and analytical laboratory determinations by acceptable hydrologic,
geologic or analytical methods in accordance with the requirements of these
rules. Methods or guidelines for data acquisition recommended by the chief may
also be used; and
(vi) Is capable
of collecting necessary field data and samples in accordance with the
requirements of division 1501:13 of the Administrative Code.
(b) The qualified laboratory shall
be capable of performing services for either the determination(s) or
statement(s) under paragraph (F)(2) of this rule.
(3) Subcontractors. Subcontractors may be
used to provide some of the required services under this rule, provided their
use is identified at the time a determination is made that a firm is qualified
and they meet the requirements specified by the chief.
(H) Assistance funding.
(1) Use of funds. Funds specifically
authorized to cover payments for services rendered by qualified laboratories
under this program shall not be used to cover state administrative costs. In
addition to the basic services authorized under paragraph (A)(1) of this rule
the following costs are allowed under payments to qualified laboratories or
eligible small operators provided that on a case-by-case basis the information
is determined necessary to complete the determination and statement required
under divisions (B)(1)(k) and (B)(1)(o) of section
1513.07 of the Revised Code:
(a) Observation well drilling and development
for ground water monitoring;
(b)
Water availability information;
(c)
Soils information;
(d) Land use
information; and
(e) Necessary
maps, charts and diagrams.
(2) Allocation of funds. The chief shall, to
the extent practicable, establish procedures for allocating funds to provide
services for eligible small operators if available funds are less than those
required to provide the services pursuant to this rule.
(I) Applicant liability.
(1) The applicant shall reimburse the
division of mineral resources management for the cost of the services performed
pursuant to this rule if the applicant:
(a)
Submits false information;
(b)
Fails to submit a permit application within one year from the date of receipt
of the approved laboratory report;
(c) Fails to mine after obtaining a
permit;
(d) Produces, from actual
and attributed production, more than three hundred thousand tons for all
locations during any consecutive twelve-month period of mining either during
the term of the permit for which the assistance is provided or during the first
five years after issuance of the permit, whichever is shorter; or
(e) Sells, transfers, or assigns the permit
to another person and the transferee's total actual and attributed production
exceeds the three-hundred-thousand-ton annual production limit during any
consecutive twelve-month period of the remaining term of the permit. Under this
paragraph, the applicant and its successor are jointly and severally obligated
to reimburse the division of mineral resources management.
(2) The chief may waive the reimbursement
obligation if he or she finds that the applicant at all times acted in good
faith.
(J) For dates of
federal rules and federal laws referenced in this rule, see rule
1501:13-1-14
of the Administrative Code.
Effective: 1/17/2016
Five Year
Review (FYR) Dates: 11/02/2015 and
01/16/2021
Promulgated
Under: 119.03
Statutory
Authority: 1513.02
Rule
Amplifies: 1513.02,
1513.07
Prior
Effective Dates: 8/16/82 (Emer.), 10/27/82, 6/30/83, 10/1/88, 5/29/95,
12/19/96, 4/30/09, 10/28/10