Ohio Administrative Code 1501:14 — Department of Natural Resources | Division of Mineral Resources Management-Industrial Mineral

Chapter 1501:14-1 General Provisions

Ohio Adm.Code 1501:14-1-01 Definitions.

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, means an accident as defined in paragraph (h) of 30 C.F.R. 50.2.

(B) "Acid Drainage" means the flow of acid water resulting from a surface mining operation.

(C) "Acid Producing Material" means any material with a pH of 4.0 or less, or a calcium carbonate (CaCO3) deficiency of more than five tons of calcium carbonate (CaCO3) per one thousand tons of material.

(D) "Acid Water" means any water, the pH of which, as determined by standard methods, is below 6.0.

(E) "Applicant" means any person who applies for a surface mining permit pursuant to Chapter 1514. of the Revised Code.

(F) "Application" means a surface mining application for the permit required by Chapter 1514. of the Revised Code and division 1501:14 of the Administrative Code, and which is on a form prescribed by the chief.

(G) "Aquifer" means a consolidated or unconsolidated geologic formation or series of formations that are hydraulically interconnected and that have ability to receive, store, or transmit water.

(H) "Authorized representative of the miners" means the organization or, if applicable, the individual, authorized by the miners of a surface mining operation as the miners' representative.

(I) "Beneficial Use" means the use of lime mining wastes within a lime mining and reclamation area for land application when it is utilized for agronomic purposes at standard agronomic rates as determined by standard soil testing, for land reclamation in accordance with Chapter 1514. of the Revised Code and the rules adopted under it, including, but not limited to, use as fill material in quarries, and for any other purposes designated by the chief, including demonstration projects approved by the chief.

(J) "Building Permit" means a permit issued by a county, township, or municipal governmental authority which authorizes the construction of a commercial, industrial, residential, or public building. For construction of a building for which no building permit is necessary under the law, detailed plans and specifications may, at the chief's discretion, be accepted in lieu of a building permit.

(K) "Certified mine foreperson" means the person whom the operator of a surface mining operation places in charge of the conditions and practices at the mine, who is responsible for conducting workplace examinations under 30 C.F.R. part 56, as amended, and who has passed an examination for the position administered by the division of mineral resources management.

(L) "Chief" means the chief of the division of mineral resources management.

(M) "Contamination" means the degradation of quality in an underground water supply as a result of surface mining activity under Chapter 1514. of the Revised Code.

(N) "Contour" means to grade the affected area to a land configuration similar to that which existed prior to any mining, sufficient to achieve soil stability and control landslides, erosion, and sedimentation with adequate provisions for drainage appropriate to the intended future use.

(O) "Dam" means any artificial barrier together with appurtenant works, which either does or may impound water.

(P) "Delay Interval" means the nominal period of time between the detonation of successive explosive charges.

(Q) "Dewatering" means the withdrawal of ground water from an aquifer or saturated zone which may result in the lowering of the water level within the aquifer or saturated zone, or a decline of the potentiometric surface within that aquifer or saturated zone.

(R) "Dike" means any artificial barrier together with appurtenant works that will divert or restrain the flow of a stream or other body of water for the purpose of protecting an area from inundation by flood waters.

(S) "Diversion" means a channel with a ridge on the lower side which is constructed across the slope and is used for intercepting, directing, or channeling water.

(T) "Drainage Channel" means a natural or constructed watercourse or channel, having a definite bed and sides or banks, through which water flows.

(U) "Excavate" means to remove topsoil, overburden, minerals, or incidental coal from a natural deposit in the process of surface mining.

(V) "Fatality," as used in division (C) of section 1514.41 of the Revised Code, means a death of an individual at a mine.

(W) "Fill in quarries" means the discrete, controlled placement and compaction of lime mining wastes within the mined area of a quarry which is permitted and bonded under Chapter 1514. of the Revised Code. The purposes of the fill include, but are not limited to, raising the general contour back to an approximate original elevation, backfilling highwalls, creating safety egress areas, and fish and wildlife habitat. "Fill in quarries" does not include random deposition of non-calcined materials.

(X) "Grade" means to reshape the affected area to a reasonably smooth configuration to achieve soil stability and control landslides, erosion, and sedimentation, with adequate provisions for drainage appropriate to the intended future use.

(Y) "Ground water" means all water occurring in an aquifer.

(Z) "Hazardous condition" means an unsafe condition at a surface mining operation that could reasonably be expected to cause death or serious physical harm due to the violation of a safety standard contained in 30 C.F.R. part 56 or 58.

(AA) "Haul Road" means any road used to transport minerals from the area of land affected.

(BB) "Highwall" means the steeply inclined unexcavated face of exposed consolidated materials or exposed consolidated overburden in an open cut of a surface mine.

(CC) "Impervious Material" means a material through which fluid does not readily pass because of low porosity, very small individual pores, or pores that are disconnected.

(DD) "Incidental to construction work" means the extraction of minerals which is necessary to enable the construction to be accomplished, but does not include generalized site development for the future use of commercial, industrial or residential building construction for which no building permit has been issued.

(EE) "Life-threatening injury," as used in division (D) of section 1514.41 of the Revised Code, means an accident or injury as defined in paragraphs (h)(2) to (h)(12) of 30 C.F.R. 50.2.

(FF) "Lime Mining Wastes" means residual solid or semisolid materials generated from lime or limestone mining and processing operations, including, without limitation, lime kiln dust, scrubber sludge from kiln operations, lime or limestone materials not meeting product specification, lime hydrating materials, and other lime or limestone mining, processing, or calcining materials associated with lime or limestone mining or processing. "Lime Mining Wastes" does not include materials generated for the manufacture of cement.

(GG) "Lost-time accident," as used in rule 1501:14-2-09 of the Administrative Code, means the same as a "Non-Fatal Days Lost incident" and an "NFDL incident" as used by MSHA and includes any accident or occupational injury that caused no fatality but that resulted in days away from work or days of restricted work activity for an employee at a surface mining operation.

(HH) "Mine safety training" means any training relating to mine safety provided by the division of mineral resources management or such other training relating to mine safety as otherwise permitted or required by Chapter 1514. of the Revised Code or these rules.

(II) "Mining Area" means:

(1) An area of land affected by the removal of topsoil, overburden, minerals or minerals and incidental coal in the production of such minerals or minerals and incidental coal. Mining areas are not considered contiguous if connected solely by haul roads;

(2) For purposes of application for an exemption for extraction of incidental coal, calculation of production or revenues derived from incidental coal extraction, and compliance with or reporting on an incidental coal exemption, an individual excavation site or pit from which coal, other minerals, and overburden are removed.

(JJ) "MSHA" means the mine safety and health administration in the United States department of labor.

(KK) "Occupational injury" means occupational injury as defined in paragraph (e) of 30 C.F.R. 50.2.

(LL) "Operator" means any person engaged in surface mining who removes minerals, or minerals and incidental coal, from the earth by surface mining or who removes overburden for the purpose of determining the location, quality, or quantity of a mineral deposit. "Operator" also means any person engaged in in-stream mining who removes minerals from the bottom of the channel of a watercourse by in-stream mining.

(MM) "Peak Design Flow" means the maximum rate of runoff that can be expected to occur at a specific location on the average of once in twenty-five years during a twenty-four hour period, except that where adjoining property may be damaged the peak design flow is the maximum rate of runoff to be expected on the average of once in fifty years during a twenty-four hour period.

(NN) "Permittee" means an operator who has been issued a surface mining permit by the chief.

(OO) "Person" means an individual, partnership, corporation, business trust, estate, trust, association, or other legal entity, or any political subdivision, instrumentality or agency of the state or the United States.

(PP) "Probable hydrologic impacts" is applicable to the use of lime mining wastes in rule 1501:14-6-01 of the Administrative Code and means the projected result of proposed surface mining operations which may reasonably be expected to change the quantity or quality of the surface and ground water, the flow, timing, or pattern of the surface and ground water, and the stream channel conditions on or off the proposed permit area or amended area.

(QQ) "Production" means excavating minerals, or minerals and incidental coal, from a natural deposit for the purpose of commercial use or sale.

(RR) "Quadrangle" means the United States geological survey (U.S.G.S.) 7.5 minute topographic map in which the proposed permit area is located.

(SS) "Quadrangle Sketch" means that section of the appropriate county road map which clearly shows the location of the permit area or proposed permit area and appears on the map submitted with the application. Appropriate county road maps are those published by the Ohio department of transportation or by the appropriate county engineer.

(TT) A "qualified person" means a person who has met compliance with an approved detailed training plan in accordance with division (E) of section 1514.47 of the Revised Code and rule 1501:14-2-08 of the Administrative Code so as to be qualified to conduct and document examinations at a surface mining operation for the purposes of 30 C.F.R. part 56, as amended.

(UU) "Resoil" means to distribute topsoil and subsoil, or substitute resoiling material.

(VV) "Restrict" means the use of reasonable means including, but not limited to, fencing, earthen barriers, or confining vegetation to prevent access to areas that pose a danger to the public or to domestic animals.

(WW) "Rules adopted under," "rules adopted pursuant thereto," "rules thereunder," or "these rules" means all rules contained in Chapters 1501:14-1 to 1501:14-6 of the Administrative Code.

(XX) "Seedbed" means an area of land prepared, prior to planting, to promote the germination of seed and the growth of seedlings.

(YY) "Significant" means the addition of any of the following activities when those activities are not currently approved in the permit plan:

(1) Blasting activities;

(2) Dewatering activities;

(3) Vertical or horizontal expansion of a permit area that would result in an increase to the geographical area to which the water replacement provisions of rule 1501:14-5-03 of the Administrative Code would apply;

(4) The beneficial use of lime mining wastes (LMW); or

(5) Other amendments that the chief determines, within the framework of those performance standards contained in Chapter 1514. of the Revised Code, would increase the likelihood that the mining operation may have a negative impact on the public.

(ZZ) "Slope Angle" means the inclination of a surface from the horizontal, expressed in degrees.

(AAA) "Stemming" means the inert material used in a blasthole to confine the gaseous products formed upon explosion.

(BBB) "Surface mining" means all or any part of a process followed in the production of minerals from the earth or from the surface of the land by surface excavation methods, such as open pit mining, dredging, placering, or quarrying, and includes the removal of overburden for the purpose of determining the location, quantity, or quality of mineral deposits, and the incidental removal of coal at a rate less than one-sixth the total weight of minerals and coal removed during the year, but does not include: test or exploration boring; mining operations carried out beneath the surface by means of shafts, tunnels, or similar mine openings; the extraction of minerals, other than coal, by a landowner for the landowner's own noncommercial use where such material is extracted and used in an unprocessed form on the same tract of land; the extraction of minerals, other than coal, from borrow pits for highway construction purposes, provided that the extraction is performed under a bond, a contract, and specifications that substantially provide for and satisfy reclamation practices consistent with the requirements of Chapter 1514. of the Revised Code; the removal of minerals incidental to construction work, provided that the owner or person having control of the land upon which the construction occurs, the contractor, or the construction firm possesses a valid building permit; the removal of minerals to a depth of not more than five feet, measured from the highest original surface elevation of the area to be excavated, where not more than one acre of land is excavated during twelve successive calendar months; routine dredging of a watercourse for purely navigational or flood control purposes during which materials are removed for noncommercial purposes, including activities conducted by or on behalf of a conservancy district, organized under Chapter 6101. of the Revised Code, for flood control purposes that are exempt from permitting under section 10 of the "Rivers and Harbors Act of 1899," 30 Stat. 1151, 33 U.S.C. 403, as amended; or the extraction or movement of soil or minerals within a solid waste facility, as defined in section 3734.01 of the Revised Code, that is a sanitary landfill when the soil or minerals are used exclusively for the construction, operation, closure, and post-closure care of the facility or for maintenance activities at the facility.

(CCC) "Surface Mining Permit" or "permit" means the permit issued by the chief pursuant to Chapter 1514. of the Revised Code and division 1501:14 of the Administrative Code.

(DDD) "Surrounding Areas" means those areas within one thousand feet of the beneficial use area or a greater distance based upon site specific characteristics, to allow an adequate description of the geology and quality and quantity of the groundwater and surface water.

(EEE) "Terrace" means to grade in alternate slopes and plateaus to achieve soil stability and control landslides, erosion, and sedimentation, with adequate provisions for drainage appropriate to the intended future use.

(FFF) "Topographic Relief" means the difference in elevation between the highest and lowest elevations of the area depicted on any map submitted pursuant to Chapter 1514. of the Revised Code and division 1501:14 of the Administrative Code.

(GGG) "Year" means twelve successive calendar months.

(HHH) For dates of federal rules and federal laws referenced in this rule, see rule 1501:14-1-16 or rule 1501:14-2-01 of the Administrative Code.

Last updated June 26, 2025 at 3:42 AM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-2-09

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 the division within one hour, once the operator knows or should know that the fatality or life-threatening injury has occurred, by contacting the emergency operations center of the Ohio department of natural resources by telephone at (614) 799-9538.

(b) If the operator thinks that the accident reported under paragraph (A)(1)(a) of this rule did not occur as a result of an unsafe condition or a practice at the operation, then the operator may, within twenty-four hours after the accident is reported, provide the chief with a written explanation of the reason(s) upon which the operator bases such opinion. The operator may provide this explanation by U.S. mail, facsimile, or electronic mail to the attention of: manager, mine safety program, Columbus office, division of mineral resources management.

(2) A lost-time accident other than a life-threatening injury that occurs at a surface mining operation that is not inspected by MSHA shall be reported to the chief, in writing on a form provided by the chief, within ten days after the lost-time accident occurs,. The accident report form shall be sent and send to "Mine Safety Section, Division of Minerals Resources Management, Ohio Department of Natural Resources, 2045 Morse Road, Building H, Columbus, OH 43229."

(B) Investigation of fatalities and life-threatening injuries.

(1) Upon receipt of notice that a fatality or a life-threatening injury has occurred at an operation, the chief shallwill conduct an investigation to determine the events surrounding and causes of the fatality or life-threatening injury.

(2) If the chief conducts an investigation pursuant to this rule, the operator shall, during the investigation, provide the chief, in writing, the name of the organization identified as the authorized representative of the miners for the operation, if applicable.

(3) The chief shallwill prepare a report of the investigation, which shall includeincluding a determination of whether such fatality or injury occurred as a result of an unsafe condition or a practice at the operation. Within seven days of the completion of the fatality or life-threatening injury investigation report, the chief shallwill provide the operator and, if applicable, the authorized representative of the miners at the operation, with a copy of the investigation report.

(C) Notification of determination to conduct inspections.

(1) If the chief determines that a fatality or a life-threatening injury of a miner has occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief shallwill immediately provide the operation with written notice that the operation will be inspected once every three months for a period of two years for a fatality in accordance with division (C) of section 1514.41 of the Revised Code or that the operation will be inspected once every three months for a period of one year for a life-threatening injury in accordance with division (D) of section 1514.41 of the Revised Code. The notice shall contain:

(a) A citation of the relevant provision(s) of the Revised Code and the Administrative Code that require the inspections;

(b) A statement that the one-year or two-year time frame for the inspections, as applicable, will begin immediately;

(c) The number of inspections the surface mining operation will receive; and

(d) The procedure, pursuant to paragraph (D) of this rule, whereby the operator may request that the chief reconsider the decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation.

(2) If a fatality or a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief shallwill, as soon as practicable, conduct a mine safety inspection of the operation in accordance with sections 1514.41 and 1514.43 of the Revised Code and these rules. A request for reconsideration pursuant to paragraph (D) of this rule shallwill not cause a delay in the conduct of this mine safety inspection.

(D) Reconsideration by the chief.

(1) Within thirty days of receipt of the notification required by paragraph (C) of this rule, a surface mining operator may submit a written request to the chief asking him or her to reconsider the decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation.

(2) Within fourteen days of receipt of an operator's request for reconsideration under paragraph (D)(1) of this rule, the chief shallwill provide the operator and, if applicable, the authorized representative of the miners at the surface mining operation, with written notice of his or her decision.

(3) Within thirty days after receipt of the chief's decision under paragraph (D)(2) of this rule, the operator may appeal the chief's decision to the reclamation commission in accordance with section 1514.09 of the Revised Code. An operator shall not file an appeal with the reclamation commission of the chief's decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation without first requesting reconsideration as provided by paragraph (D)(1) of this rule. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.

Last updated February 8, 2024 at 1:01 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-6-01

(A) General requirements.

(1) This rule applies only to industrial mineral mining operations where calcined lime mining wastes (LMW) will be incorporated in final reclamation as a beneficial use and are in addition to requirements of sections 1514.02 and 1514.021 of the Revised Code.

(2) An application for a surface mining permit which will utilize LMW is deemed complete when it is received by the chief, unless the application fails to contain all substantial information required by Chapter 1514. of the Revised Code and the rules adopted pursuant thereto.

(3) Each application is to describe and identify the lands subject to industrial mineral mining, the estimated life of those operations, and the size, sequence, and timing of the mining and reclamation and also contain the total acreage in which LMW will be utilized and a narrative with scientific support of that beneficial use.

(4) This rule does not authorize the use of LMW to create a new structure that rises above the approximate original elevation of the existing permit or amended area. New LMW placements are to be within a quarry excavation, unless approved as a soil amendment. The chief may grant a variance to this provision for new lime facilities for discreet and temporary beneficial applications such as visual barriers, berms or other uses. Temporary beneficial applications will be for no more than five years unless extended by the chief based upon a demonstration by the permittee that more time is justified. When the chief terminates the temporary designation, the temporary storage sites are to be removed and used for the approved permanent beneficial use within one year. A longer time may be approved by the chief based upon a demonstration by the permittee. The affected acreage is to be permitted and bonded.

(5) New beneficial uses of LMW that began after October 8, 2001 will be characterized as a significant permit or a significant amendment to a permit and shall follow the requirements of this rule.

(B) Description and characterization of LMW proposed for beneficial use. For all proposed beneficial uses of LMW, the applicant is to identify and describe the LMW according to paragraph (B)(1) of this rule and characterize the LMW using the parameters in paragraph (B)(2) of this rule.

(1) Identification and description. The applicant is to provide the following to identify and describe the LMW:

(a) Generating process and facility site location;

(b) Types of LMW;

(c) Combustion process and fuel used;

(d) Amount of LMW to be used annually; and

(e) Mixing of types of LMW including weighted averages.

(2) Characterization.

(a) Characterization data for a proposed new LMW processing facility. The applicant is to provide representative waste characterization data for the parameters listed in paragraph (B)(3) of this rule from a similar processing facility that uses similar raw materials, combustion processes and fuel, and analyze the LMW to confirm or revise the waste characterization data within six months of start-up of the facility.

(b) Characterization for all proposed beneficial uses of LMW. The applicant is to analyze and characterize the LMW by conducting leachate analysis for the parameters listed in paragraph (B)(3) of this rule utilizing the USEPA method 1311, USEPA method 1312 or ASTM D3987-12 method. The ASTM international method is to be used for analysis of fluoride, chloride, sulfate, total dissolved solids, acidity, alkalinity, and pH. The website for ASTM international is http://www.astm.org. USEPA methods 1311 and 1312 can be found in the U.S. environmental protection agency's publication SW-846, entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is available at the website https://www.epa.gov/hw-sw846/sw-846-compendium. As an alternative, the applicant may collect and characterize representative in-situ leachate samples from the LMW and analyze the samples for the parameters listed in paragraph (B)(3) of this rule. Additional parameters or an alternate parameter list may be necessary to be analyzed at the discretion of the chief. The initial method chosen for each parameter is to be used in all subsequent sample analysis unless the chief approves an alternative method. The chief may approve another applicable EPA or approved test method provided the applicant requests, in writing, the use of such test method prior to submittal of the analysis.

(c) Annual characterization data for all permitted beneficial uses of LMW. The permittee is to submit to the chief annual representative waste data. All annual waste characterization samples are to be analyzed for the parameters listed in paragraph (B)(3) of this rule or an alternate parameter list approved by the chief. For a lime processing facility, the applicant is to analyze the LMW on an annual basis and whenever there are significant changes in the raw materials or combustion processes that are likely to impact characterization as determined by the chief.

(3) The following parameters are to be analyzed in accordance with the procedures described in paragraph (B)(2) of this rule:

(a) Acidity;

(b) Alkalinity;

(c) Arsenic;

(d) Barium;

(e) Cadmium;

(f) Chloride;

(g) Chromium;

(h) Copper;

(i) Fluoride;

(j) Iron;

(k) Lead;

(l) Manganese;

(m) Mercury;

(n) pH;

(o) Selenium;

(p) Sulfates;

(q) Total dissolved solids;

(r) Zinc;

(s) Beryllium (analysis necessary only if plant's fuel includes shredded tires);

(t) Total organic carbon (analysis necessary only if plant's fuel includes shredded tires);

(u) Silver; and

(v) Additional parameters that may be directed to be analyzed at the discretion of the chief.

(4) Additional direction for agronomic use. For LMW proposed for agronomic use within the permit area, the applicant is to analyze and characterize the LMW by conducting analysis pursuant to paragraph (B)(2) of this rule for the parameters of paragraph (B)(3) of this rule and for the following additional parameters:

(a) pH;

(b) Soluble salts;

(c) Phosphorus;

(d) Potassium;

(e) Calcium;

(f) CEC (cation exchange capacity); and

(g) Boron.

(5) Additional direction for use as a low permeability material. For LMW proposed to be used as a low permeability material, the applicant is to analyze and characterize the LMW by conducting analysis pursuant to paragraph (B)(2) of this rule for the parameters of paragraph (B)(3) of this rule and also:

(a) Indicate the hydraulic conductivity in centimeters per second or feet per day. Indicate the method used to obtain the conductivity, and attach the appropriate laboratory reports;

(b) Describe the necessary volume, thickness (if layered), and areal extent of the LMW material;

(c) Submit or reference appropriately engineered designs and plans for the low-permeability project; and

(d) Submit a grain size distribution analysis for the LMW material.

(C) Description of hydrology and geology; general requirements.

Each application that will include LMW as a beneficial use as part of the reclamation is to contain a description of surface and ground water within the general area, and any water that will flow into or receive discharges of water from the permit area and any LMW beneficial use area proposed to be amended to the permit. The description is to be prepared in the manner set forth in paragraphs (D) to (G) of this rule, and conform to the following:

(1) Provided to the chief information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed LMW beneficial use area and within the general area. The permit will not be approved by the chief until this information is made available in the application and deemed acceptable; and

(2) As a substitute for the background data set forth in paragraphs (D) to (F) of this rule, each application for a LMW beneficial use site on an existing operation already under permit under Chapter 1514. of the Revised Code on October 8, 2001, is to propose a plan for the collection of background data and information that is representative of the site's hydrological and geological characteristics prior to mining. The permit will not be approved by the chief until this information is made available in the application and deemed acceptable.

(D) Geology description.

(1) Each application is to include geologic information in sufficient detail to assist in determining the probable impact of the operation upon the quality and quantity of surface and ground water in the permit and surrounding areas, including the extent to which surface and ground water monitoring is necessary; and whether the utilization of LMW as a component of the proposed reclamation has been designed to protect human health and the environment.

(2) The description is to include a general statement of the geology within the proposed permit area and surrounding areas down to and including an identification of the deepest aquifer below the lowest elevation of the industrial mineral to be mined. Also, in the description, include how the areal and structural geology may affect the occurrence, availability, movement, quantity, and quality of potentially affected surface and ground waters. It shall be based on:

(a) The cross sections, maps and plans set forth in paragraph (K) of this rule;

(b) The information obtained from test borings under paragraph (D)(3) of this rule; and

(c) Other sources approved by the chief based upon site-specific conditions.

(3) Each application for a permit is to contain the results of test borings conducted on the area of land to be mined, when requested. Test borings or core samples for the proposed LMW beneficial use area are to be collected and analyzed down to and including the stratum below the elevation of the industrial mineral to be mined. Individual drilling reports are to be furnished for each test boring or core sampling and shall contain the location of subsurface water if encountered.

(E) Ground water information.

(1) The application is to contain a description of the ground water hydrology for the proposed permit and surrounding areas and the proposed LMW beneficial use area, including, at a minimum:

(a) The depth below the surface and the horizontal extent of the confined and unconfined aquifers;

(b) The lithology and thickness of the aquifers;

(c) Known uses of the water and locations of existing water supply wells within one thousand feet of the proposed beneficial use area;

(d) The quality of subsurface water, if encountered;

(e) The depth to the water in the mineral deposit if the deposit is a water-bearing stratum, and each water-bearing stratum above and below the potentially affected water-bearing stratum;

(f) The approximate rate of discharge or usage of the water and the existing groundwater flow conditions in the water bearing unit(s) in the area of the surface mining operation. For a new LMW beneficial use involving surface mining operations for which a cone of depression was established as directed by division (A) of section 1514.13 of the Revised Code, the applicant is to include a description of the cone of depression that was generated; and

(g) The approximate regional potentiometric surface and regional flow paths of water bearing unit(s) in the area prior to the start of the surface mining operations.

(2) The application is to contain a water supply inventory to include, at a minimum:

(a) A list of existing water wells and public water supply wells on the proposed permit and surrounding areas within one thousand feet of the proposed LMW beneficial use area to describe the quality and quantity of the ground water. The chief may specify a greater distance based upon site-specific characteristics. Information is to include:

(i) Identification number of the well;

(ii) Surface elevation of the well in feet above mean sea level;

(iii) Depth of the well in feet below the land surface;

(iv) Static water level of the well in feet below the land surface;

(v) The lithology of the aquifer in which each well is developed; and

(vi) Name of the owner of the well.

(3) If any of the information set forth in the water supply inventory of paragraph (E)(2)(a) of this rule is unobtainable, the applicant is to submit a statement to that effect, giving the reasons therefor.

(4) The application is to contain the results of background water quality analyses and measurements of static water level or discharge of a representative number of monitoring points on the permit and surrounding areas.

(a) Wells chosen for analysis and measurement are to, as a group, represent all known aquifers present in the permit and surrounding areas and shall, wherever possible, be those nearest to or on the proposed beneficial use area.

(b) Sampling for water quality analysis is to be conducted at a minimum one time prior to submission of an application for a permit or modification of a permit that utilizes LMW. For the purpose of ground water monitoring, at least six months of background water quality data is to be collected prior to implementation of the post-reclamation ground water monitoring plan. This background ground water quality data is to be established in accordance with procedures contained in the post-reclamation ground water monitoring plan set forth under paragraph (G)(2) of this rule.

(c) The measurement of static water level or discharge is to be conducted for each well identified in paragraph (E)(4)(a) of this rule at a minimum one time prior to submission of an application for a permit or modification of a permit.

(d) Water samples collected at the sites prescribed in this rule are to be analyzed for the following parameters according to the methodology specified in 40 C.F.R. part 136:

(i) Acidity;

(ii) Alkalinity;

(iii) Arsenic;

(iv) Barium;

(v) Cadmium;

(vi) Chloride;

(vii) Chromium;

(viii) Copper;

(ix) Fluoride;

(x) Iron;

(xi) Lead;

(xii) Manganese;

(xiii) Mercury;

(xiv) PH;

(xv) Selenium;

(xvi) Silver;

(xvii) Sulfates;

(xviii) Total dissolved solids;

(xix) Zinc;

(xx) Beryllium (analysis necessary only if plant's fuel includes shredded tires);

(xxi) Total organic carbon (analysis necessary only if plant's fuel includes shredded tires); and

(xxii) Additional parameters that may be necessary to be analyzed at the discretion of the chief.

(5) Water quality and quantity data sufficient to identify seasonal variations are to be submitted with an application for a permit.

(6) The chief will provide a form on which results of water quality analyses and measurements prescribed in this rule are to be reported.

(F) Surface water information.

(1) In and within one thousand feet of the existing or proposed permit area, including the proposed LMW beneficial use area and surrounding areas, all surface water bodies are to be described. Surface water bodies that will receive discharges from the operation or whose water will come in contact with water from the operation are to be sampled. The surface water to be sampled are to include the receiving stream, waterway, or water body if such surface water is present. The description is to include the name of any watershed that will receive water discharges, the name, ownership and location of all surface-water bodies and the known uses of the water in these water bodies.

(2) Water samples collected under this rule are to be analyzed according to the methodology specified in 40 C.F.R. part 136.

(a) Surface water information includes the following water quality data in order to identify the characteristics of surface waters within the existing or proposed permit area, including the proposed LMW beneficial use area and surrounding areas:

(i) Acidity;

(ii) Alkalinity;

(iii) Arsenic;

(iv) Barium;

(v) Cadmium;

(vi) Chromium;

(vii) Cooper;

(viii) Fluoride;

(ix) Iron;

(x) Lead;

(xi) Manganese;

(xii) Mercury;

(xiii) PH;

(xiv) Selenium;

(xv) Silver;

(xvi) Sulfates;

(xvii) Total dissolved solids;

(xviii) Zinc;

(xix) Beryllium (analysis necessary only if plant's fuel includes shredded tires);

(xx) Total organic carbon (analysis necessary only if plant's fuel includes shredded tires); and

(xxi) Additional parameters that may be necessary to be analyzed at the discretion of the chief.

(3) Water quality and quantity data sufficient to identify seasonal variations is to be submitted with an application for a permit.

(4) The chief will provide a form on which results of water quality analyses and measurements prescribed in this rule are to be reported.

(G) Ground water and surface water monitoring plans.

The applicant is to prepare and submit ground water and surface water monitoring plans as described in this paragraph. Specifically, during the active operational monitoring period, the ground water and surface water monitoring plans as described in paragraphs (G)(1) and (G)(3) of this rule will be implemented. During the five-year post-reclamation monitoring period, the ground water and surface water monitoring plans as described in paragraphs (G)(2) and (G)(4) of this rule will be implemented.

(1) Ground water monitoring plan during active operation.

If the ground water flow conditions, as set forth in paragraph (E)(1)(f) of this rule, demonstrate that the existing or proposed LMW beneficial use area lies or will lie within the surface mine's cone of depression, the applicant is to submit a ground water monitoring plan that is capable of demonstrating the impact of the LMW on water within the cone of depression during the active operational period. Additional monitoring may be necessary if determined to be warranted by the chief. The plan, at a minimum, is to include:

(a) A sufficient number of observation points to demonstrate that ground water beneath and within the immediate vicinity of the LMW beneficial use area is being captured by the dewatering system for the surface mine;

(b) The collection of water level measurements on a quarterly basis, or an alternate schedule that is approved by the chief based upon a suitable justification by the applicant; and

(c) The ground water level information is to be submitted to the chief, in a manner prescribed by the chief, within fifteen days following the end of the quarter in which the ground water levels were measured.

(2) Ground water monitoring plan during the post-reclamation period.

The application is to include a post-reclamation ground water monitoring plan that is based upon the information as set forth under paragraph (E) of this rule and upon the analysis of all baseline hydrologic, geological and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved post-mined land uses and for protection of human health and the environment as set forth in this rule. The ground water quality monitoring plan is to be maintained a minimum of five years after reclamation.

(a) At a minimum, the monitoring parameters are to include:

(i) Alkalinity;

(ii) Chloride;

(iii) Lead;

(iv) Sulfate;

(v) Total dissolved solids; and

(vi) Additional parameters that the chief may direct to be monitored based upon the waste characterization or leachate analysis and the background sampling of ground water. A comparison of leachate and background results to thirty times primary or secondary maximum contaminant level standards, and other geologic and hydrologic information will determine the specific ground water quality indicator parameters to be included in the ground water monitoring plan during the post-reclamation period.

(b) Ground water sampling frequency is to occur quarterly. The chief may direct more frequent sampling based on site-specific conditions. The chief may approve less frequent sampling based upon a suitable justification by the applicant.

(c) Also included in the post-reclamation ground water monitoring plan shall also include:

(i) A description of and rationale for the monitoring points;

(ii) The procedures for collecting representative ground water samples;

(iii) The procedures used for the collection of the background water quality data;

(iv) A description of how the representative ground water quality will be evaluated to determine the LMW is not causing impacts to human health and the environment; and

(v) The quality assurance/quality control procedures to be used to verify that the results are representative of the ground water quality.

(d) The data resulting from post-reclamation ground water monitoring is to be submitted to the chief, in a manner prescribed by the chief, within fifteen days following the end of the quarter in which the sample was collected and analyzed.

(e) The five-year post-reclamation monitoring period is to be initiated after the ground water levels have stabilized following the cessation of dewatering activities. The stabilization of ground water levels are to be determined by collection of water level measurements from the monitoring points used in the operational ground water monitoring plan. The operator is to notify the chief, in writing, that the ground water levels have stabilized thirty days prior to implementing the five-year post-reclamation monitoring plan for ground water. The bond for the LMW beneficial use area will be held until the five-year post-reclamation monitoring period has been completed, and the applicant demonstrates water quality will protect human health and the environment.

(3) Surface water monitoring plan during active operation.

(a) The application is to include a surface water monitoring plan based upon the analysis of the hydrologic, geologic and other information in the permit application. The plan is to, in accordance with a schedule approved by the chief, provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved post-mined land uses and for protection of human health and the environment as well as the effluent limitations set forth in 40 C.F.R.

(b) The plan is to identify the surface water quantity and quality parameters to be monitored, sampling frequency and site locations. During the period of active operation, samples are to be collected from the sump or the outfall on a quarterly basis. The chief may direct more frequent sampling based on site-specific conditions. The chief may approve less frequent sampling based upon a suitable justification by the applicant. The active operational surface water monitoring plan is to describe how the data may be used to determine the impacts upon the hydrologic systems during the active operational monitoring period and the five-year post-reclamation monitoring period. The surface water monitoring plan is to include:

(i) A description of and rationale for monitoring locations for the active operational monitoring period;

(ii) A list of parameters to be monitored during the active operational monitoring period including, at a minimum:

(a) Alkalinity;

(b) Chloride;

(c) Lead;

(d) Sulfate; and

(e) Total dissolved solids;

(iii) During active operation, the point source discharge(s) are to be monitored in accordance with 40 C.F.R. parts 122 and 123, and in accordance with the "National Pollutant Discharge Elimination System" permitting authority;

(iv) If the chief determines it is necessary, additional surface water parameters will be monitored based on a comparison of waste characterization or leachate results to background sampling results, surface water quality standards, and other geologic and hydrologic information to determine the specific water quality parameters to be included in the surface water monitoring plan implemented during the active operational monitoring period and during the five-year post-reclamation monitoring period. If prescribed by the chief, additional monitoring parameters beyond those set forth in paragraph (G)(3)(b)(ii) of this rule will be analyzed on a quarterly basis;

(v) A description of how the representative surface water quality data will be evaluated to determine the LMW is not causing impacts to human health and the environment; and

(vi) A schedule providing for the data resulting from this monitoring to be submitted to the chief, in a manner prescribed by the chief, within fifteen days following the end of the quarter in which the sample was collected and analyzed.

(4) Surface water monitoring plan during the post-reclamation monitoring period.

(a) The application is to include a post-reclamation monitoring plan based upon the analysis of the hydrologic, geologic, and other information in the permit application, providing for the monitoring of parameters that relate to the suitability of the surface water for current and approved post-mined land uses and for protection of human health and the environment.

(b) The plan is to, on a quarterly basis, identify the surface water quality parameters to be monitored, sampling locations and frequency unless the chief increases the frequency based upon site-specific conditions or decreases the frequency based upon a suitable justification by the applicant. The collected data and the surface water monitoring plan are to address potential impacts upon the hydrologic systems during the active operational monitoring period and the five-year post-reclamation monitoring period. The surface water monitoring plan is to include:

(i) A description of and rationale for monitoring locations for the post-reclamation monitoring period;

(ii) A list of parameters to be monitored during the five-year post-reclamation monitoring period including, at a minimum:

(a) Alkalinity;

(b) Chloride;

(c) Lead;

(d) Sulfate; and

(e) Total dissolved solids;

(iii) If the chief determines it is necessary, additional surface water parameters will be monitored based on a comparison of waste characterization or leachate results to background sampling results, surface water quality standards, and other geologic and hydrologic information to determine the specific water quality parameters to be included in the surface water monitoring plan implemented during the active operational monitoring period and the five-year post-reclamation monitoring period. If prescribed by the chief, additional monitoring parameters beyond those set forth in paragraph (G)(4)(b)(ii) of this rule will be analyzed on a quarterly basis;

(iv) For the surface water monitoring plan, the five-year post-reclamation monitoring period will be initiated after the dewatering activities have ceased and after surface water is in contact with the beneficially used LMW. During this monitoring period, the list of additional parameters, if prescribed by the chief, will be used to evaluate surface water quality;

(v) A description of how the representative surface water quality data will be evaluated to determine the LMW are not causing impacts to human health and the environment; and

(vi) The data resulting from this monitoring is to be submitted to the chief, in a manner prescribed by the chief, within fifteen days following the end of the quarter in which the sample was collected and analyzed.

(H) Alternative water supply information and corrective action plan.

The application is to identify the extent to which the proposed LMW beneficial use may result in contamination of a source of water that is used for domestic or other legitimate use. If contamination may result, the description is to contain information on corrective action to be taken, including the suitability of alternative water sources.

(I) Supplemental information.

If the determination of the probable hydrologic impacts indicates that adverse impacts on or off the proposed permit area may occur to the human health or the environment, information supplemental to that as set forth in paragraphs (D) to (F) of this rule is to be provided to evaluate such probable hydrologic impacts and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydro- geologic analysis of the water-bearing strata, flood flows, or analyses of other water quality or quantity characteristics.

(J) Land-use information.

The LMW beneficial use application is to contain a plan of mining and reclamation which describes the proposed land uses within the permit and any LMW beneficial use area proposed to be amended to the permit, including plans for covering and capping the LMW.

(K) Maps: general requirements.

The permit application or amendment application is to include an application map or amendment map prepared by or under the direction of and certified by an engineer or a surveyor or jointly by an engineer and a surveyor, to the extent such joint certification is necessary under state law. The map(s) are to comply with the standards set forth in Chapter 1514. of Revised Code and division 1501:14 of the Administrative Code and in addition shall contain:

(1) The locations of water supply intakes for current users of surface water flowing into, out of, and within one thousand feet beyond the LMW beneficial use permit area, those surface waters which will receive discharges from affected areas in the proposed permit area or amended area, and the locations of any discharges to any surface body of water on or adjacent to the land to be affected. A greater distance may be directed by the chief based upon site-specific factors which result in a determination by the chief that impacts beyond one thousand feet may occur;

(2) Any land within the proposed permit area or amended area which is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act or study rivers or study river corridors as established in any guidelines pursuant to that act;

(3) The names, locations, and directions of flow of all perennial and intermittent streams within the permit area or amended area and within five hundred feet of the permit area or amended area;

(4) The name of the drainage basin in which the permit area or amended area is located as listed in the "Gazetteer of Ohio Streams," published by the Ohio department of natural resources;

(5) The drainage control system to include the location of:

(a) Each sediment control structure, discharge point and, if applicable, the OEPA pond identification number;

(b) Any diversions; and

(c) Any treatment facilities;

(6) The location or proposed location of LMW incorporated in final reclamation;

(7) Elevations and locations of test borings and core samplings;

(8) Location and extent of subsurface water, if encountered, within the proposed permit area or amended area;

(9) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit area or amended area;

(10) Location and extent of existing areas of spoil piles, LMW, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area or amended area;

(11) The location and start and end points of all submitted cross-sections. The applicant is to provide at least one transverse cross section and one longitudinal cross section showing elevation, final profile, saturated zone, drainage away from and reclaimed surface profiles of the LMW beneficial use area; and

(12) Sufficient slope measurements, in degrees, to adequately represent the existing land surface configuration and final land configuration of the proposed permit area or amended area.

(L) LMW beneficial use operations and reclamation plans.

The applicant is to provide maps, plans, cross-sections and a beneficial use narrative. The documents will explain how the LMW will be stored, transported, placed, compacted, sloped, capped, resoiled and planted with a diverse vegetative cover. The documents will also include the final location within the proposed permit area and amended area.

(M) For dates of federal rules and federal laws referenced in this rule, see rule 1501:14-1-16 of the Administrative Code.

Last updated June 25, 2025 at 6:23 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-2-08

(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 section 1514.47 of the Revised Code and this rule, submit to the chief a detailed training plan under which persons who qualify under the plan may conduct and document examinations at the surface mining operation for purposes of 30 C.F.R. part 56, as amended.

(1) To be eligible to participate in a training plan to become qualified under this rule, a person is to be able to read and write the English language and have had at least one year's experience working with or under the direction of a certified mine foreperson.

(2) The detailed training plan is to contain:

(a) The name, address, state and MSHA identification number of the operation;

(b) The name, position and work experience of each employee to be qualified under the plan;

(c) The name, position and work experience of each instructor who will be conducting training under the plan;

(d) An outline of the content for initial training;

(e) An outline of the content for continuing education; and

(f) An explanation of how the operator will provide documentation to the chief pursuant to paragraph (C)(2) of this rule.

(3) Training provided under the plan will address all of the following subject matter:

(a) Identification and correction of hazards found by the qualified person;

(b) Reporting, documentation and follow up procedures to be followed by the qualified person concerning hazards and corrective actions;

(c) Safe work practices;

(d) Accident prevention, investigation, reporting and documentation;

(e) Medical care for injured miners;

(f) Training requirements under Chapter 1514. of the Revised Code and rules adopted pursuant thereto;

(g) Duties of a qualified person; and

(h) Legal provisions set forth in Chapter 1514. of the Revised Code and all mine safety rules adopted pursuant thereto.

(4) The length of initial training will be a minimum of thirty-two hours, including eight hours of in-class training and twenty-four hours of on-the-job training. The training hours specified need not be completed consecutively. Continuing education will be a minimum of four hours each year.

(B) The chief will review the plan and determine if the plan complies with these rules. The chief will approve or not approve the plan and notify the operator, in writing, of his or her decision.

(1) A plan not approved by the chief will be returned to the operator with an explanation of the reason(s) for non-approval.

(2) Any changes to an approved training plan are to be submitted to the chief in writing and approved by the chief in writing prior to implementation.

(3) A copy of all approved training plans are to be kept at the mine site and made available to the chief upon request.

(C) After a detailed training plan is approved by the chief, an operator may train persons in accordance with the plan.

(1) When a qualified person is added to or removed from the list of persons who qualify under an approved training plan, the operator is to submit, in writing, within thirty days, an updated list of qualified persons at that operation to the chief.

(2) When a person at an operation completes initial and annual training under this rule to become or to remain qualified under the approved plan, the operator is to document such training, in writing, to the chief.

Last updated June 27, 2024 at 9:33 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-5-03

(A) For the purposes of section 1514.13 of the Revised Code, unless otherwise determined by the chief, water replacement provisions shall be applicable within the geographic area defined by the ten foot contour line of the cone of depression established under rule 1501:14-5-01 of the Administrative Code. The chief may, however, designate a different contour line based upon water resource availability, seasonal variations, other water users in the hydrologic study area as well as other ground water data available.

Last updated December 5, 2023 at 11:32 AM

History

• Effective: April 15, 2004
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-1-16

(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 can generally be found in public libraries or electronically at the website govinfo.gov/. These regulations are:

(1) 30 C.F.R. 50.2.

(2) 30 C.F.R. parts 56 and 58, as amended.

(3) 40 C.F.R. parts 122, 123, and 136, as amended.

(B) The federal laws listed in these rules are those published in the 2018 edition of the United States Code (U.S.C.), dated January 14, 2019, as supplemented in 2021, effective January 5, 2023. These laws can generally be found in public libraries or electronically at the website govinfo.gov/. These laws are:

(1) Section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., as amended.

(2) The Clean Water Act, 33 U.S.C. 1251 et seq., as amended.

(3) The Rivers and Harbors Act of 1899, 33 U.S.C. 403, as amended.

Last updated June 27, 2024 at 9:18 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-2-01

(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/. These regulations are 30 C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended.

(B) This rule shall be reviewed annually and updated as pertinent changes take place in 30 C.F.R. and as the publication date of the C.F.R. is updated.

Last updated June 30, 2025 at 11:51 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-1-02 Severability.

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, 2024 at 8:25 AM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-1-03 Successor division.

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 resources, which by virtue of a consolidation or reorganization pursuant to section 121.07 of the Revised Code, or by legislative action, succeeds to the responsibility of the division of mineral resources management to administer and enforce Chapter 1514. of the Revised Code.

Last updated February 1, 2024 at 8:25 AM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-1-04 Procedure for filing applications.

(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 adopted pursuant thereto.

(B) Each application for a surface mining permit or for an amendment to a surface mining permit shall be in the format required by the chief and be filed at the address, "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229."

(C) Each application for a surface mining permit or for an amendment to a surface mining permit shall contain such attachments as are required by Chapter 1514. of the Revised Code and rules adopted pursuant thereto.

(D)

(1) An application for a surface mining permit or an amendment to a surface mining permit or any other form that requires a signature of an applicant or permittee shall be signed by:

(a) The operator, if the applicant or permittee is a sole proprietorship;

(b) Any partner, if the applicant or permittee is a partnership;

(c) Any officer or director, if the applicant or permittee is a corporation;

(d) Any other person who has a right to control or in fact controls the management of the applicant or the selection of officers, directors, or managers of the applicant, if such person is so designated in the permit application as having such authority; or

(e) Any other person who is the authorized agent of the applicant or permittee for purpose of signing and is so designated in the application.

(2) One copy of any form that requires a signature of an applicant or permittee shall have an original signature in ink or electronic signature of a person who meets the requirements of paragraph (D)(1) of this rule.

Last updated February 1, 2024 at 8:25 AM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-1-05 Permit transfers.

(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 minimum:

(a) The name and address of the existing permittee and the permit number;

(b) The information required by divisions (A)(1), (A)(7), and (A)(8) of section 1514.02 of the Revised Code for the applicant proposing to succeed by transfer, and if applicable, the name and address of that person's statutory agent;

(c) The signatures of the applicant and the current permit holder, and

(d) A sworn statement by the applicant for the transfer as required by division (A)(14) of section 1514.02 of the Revised Code.

(2) If the applicant complies with the requirement of paragraph (A)(1) of this rule, the chief will grant written approval of the transfer of rights under a permit if the chief first finds, that:

(a) The applicant is eligible to obtain a permit in accordance with division (B) of section 1514.02 of the Revised Code; and

(b) The person seeking the transfer will conduct the operations covered by the permit in accordance with the requirements of Chapter 1514. of the Revised Code and these rules and that any orders by the chief outstanding at the time of the transfer of the permit will be complied with in accordance with a schedule for such work approved with the transfer.

(3) Upon notification from the chief of the chief's intent to issue an order granting a transfer of a permit, the applicant for the transfer will file with the chief all of the documents listed in paragraphs (A)(3)(a) to (A)(3)(c) of this rule. The name of the applicant on each document in paragraphs (A)(3)(a) to (A)(3)(c) of this rule is to be identical to the name of the applicant in paragraphs (A)(1) and (A)(2) of this rule:

(a) Performance bond coverage for the permit in accordance with section 1514.04 of the Revised Code;

(b) A certificate of public liability insurance as required by division (A)(13) of section 1514.02 of the Revised Code; and

(c) A copy of a deed, lease, or other instrument that authorizes entry upon the land within the permit by the applicant if surface rights in the land are not owned by the applicant for the transfer.

(4) Upon receipt of the documents required in paragraph (A)(3) of this rule, the chief will issue an order granting the transfer of the permit applied for.

Last updated June 27, 2024 at 9:15 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-1-08 Certificate of public liability insurance.

(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 chief of termination of the policy or failure to renew is necessary for any public liability insurance policy.

(C) The permittee's proof of insurance coverage may be submitted on a form provided by the chief or on a form provided by the insurance provider that includes, at a minumim:

(1) The name of the permittee covered by the policy, or if the insured is not the permittee, the name(s) of the operator(s) or operation(s) covered by the policy;

(2) The policy number;

(3) The policy period;

(4) The amount of coverage; and

(5) The name, address, and telephone number of the insurance provider.

(D) At the request of the chief, the permittee is to provide proof of insurance.

Last updated June 27, 2024 at 9:16 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-1-09 Payment of fees and filing of performance bond.

(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 of a surface mining permit, or an amendment to a surface mining permit.

(1) The requirement of division (A) of section 1514.04 of the Revised Code that the applicant file a surety bond, cash, an irrevocable letter of credit, or certificates of deposit in the amount of ten thousand dollars do not apply to permits of twenty or fewer acres issued prior to August 15, 2002. For these permits, any of the following is to be filed: a surety bond, cash, an irrevocable letter of credit, or certificates of deposit in the amount of two thousand dollars, or five hundred dollars per acre of land to be affected, whichever is greater.

(2) The requirement of division (A) of section 1514.04 of the Revised Code that, if the amount of land to be affected is more than twenty acres, the applicant file a surety bond, cash, an irrevocable letter of credit, or certificates of deposit in the amount of five hundred dollars per acre of land to be affected that exceeds twenty acres apply to all surface mining applications and to all existing permits regardless of issuance date.

(B) If the applicant fails to file the required fees and/or surety bond, cash, letter of credit, or certificates of deposit within the time prescribed by the chief pursuant to paragraph (A) of this rule, the chief will issue an order denying the issuance of the surface mining permit, renewal of the surface mining permit, or amendment to the surface mining permit, except that the chief may extend such time for good cause shown.

(C) All performance bond is to be filed in the name of the applicant or permittee and in a format prescribed by the chief and shall meet the requirements for signature specified in paragraph (D) of rule 1501:14-1-04 of the Administrative Code.

(D) All performance bond is to be filed at the address, "Division of Mineral Resources Management, Bonding Section, 2045 Morse Road, Building H, Columbus, Ohio 43229."

(E) If the performance bond is in the form of a certificate of deposit, the applicant is to submit to the chief the original certificate of deposit and the assignment for the certificate of deposit.

(F) The required fees are to be deposited with the treasurer of state to the credit of the mining regulation and safety fund created under section 1513.30 of the Revised Code.

Last updated June 25, 2025 at 11:16 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-1-12 Maps: general requirements, uniform color code and map symbols.

(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 the land surface or the mining area has not expanded laterally during the year, and no additional affectment of the land surface or lateral expansion of the mining area is expected during the next year.

(B) All acreage figures required to be reported or estimated by Chapter 1514. of the Revised Code or these rules shall be to the nearest one-tenth of an acre.

(C) All maps required by Chapter 1514. of the Revised Code and these rules shall conform to the following standards:

(1) Submitted in triplicate, except that at the time of initial filing of an application for a surface mining permit, only two copies of the application map need be submitted;

(2) Locate the north direction at the top of the map, designated by an arrow in the upper left hand corner of the map;

(3) Drawn to a scale of the map either one inch equals one hundred feet, one inch equals two hundred feet, one inch equals three hundred feet, or one inch equals four hundred feet, as is sufficient for the map to show the requirements of division (A)(11) of section 1514.02 of the Revised Code;

(4) Include a contour interval of the map at two feet, five feet, ten feet, or twenty feet, as is adequate to show the topographic relief of the proposed area;

(5) Place the quadrangle sketch, not to exceed six inches by six inches, in the upper right hand corner of the map and identify sufficient landmarks to locate the permit area or the proposed permit area, and include the name of the quadrangle utilized;

(6) Place a legend below the quadrangle sketch, which will utilize the symbols described in paragraph (F) of this rule;

(7) Include a notarized certification made by the preparer of the map, placed below the legend. The certification shall be signed and attested to before a notary public, and read: "I, the undersigned, hereby certify that this map is correct, and shows to the best of my knowledge and belief all the information required by the surface mining laws of the state."

(8) Place a title block in the lower right hand corner of the map, and include the following information if applicable:

(a) The title of the map, i.e. application, amendment, renewal, annual, progress, final, or reclamation;

(b) The name of the applicant or permittee;

(c) The permit number;

(d) The township and range designation;

(e) The location coordinates of the approximate geographical center of the proposed or existing permit site, be given in state plane coordinates, derived from the appropriate 7.5 minute U.S.G.S. topographic map, or latitude and longitude;

(f) The name of the township and county;

(g) The section, lot, or survey numbers;

(h) The scale and contour interval of the map;

(i) The date when the map was prepared or, when applicable, the dates when it was prepared and revised; and

(j) The municipal corporation.

(D) In addition to the requirements of paragraph (C) of this rule, include the following for all annual maps, final maps, and renewal maps:

(1) A summary, by mining area and for the permit area, in the chronological order in which it occurred, the number of acres affected to date and the number of acres to be reclaimed;

(2) A listing, for each mining area and for the permit area, of the acres estimated to be affected during the next year; and

(3) A listing for the permit area of: the acres that have had a grading release but not a planting release; the acres that have had a planting release; the acres that have had a total bond release; and the acres previously released that are now reaffected.

(E) All maps required by Chapter 1514. of the Revised Code or these rules shall utilize the following uniform color code:

(1) Designate the perimeter of the proposed or existing permit area with a solid black line highlighted in yellow;

(2) Designate the area proposed in an amendment by a solid black line, with its area shaded yellow, and the perimeter of the existing permit area designated by a solid black line highlighted in yellow;

(3) Designate the perimeter of the cumulative area actually affected by a solid orange line;

(4) Designate the perimeter of the area to be reclaimed, i.e., area on which mining has been completed during the permit year, with a solid red line;

(5) Designate the perimeter of the area estimated to be affected during the next permit year, including areas to be reaffected, by a dashed red line, with the areas to be reaffected shaded in orange;

(6) Any area which has been shown to be reclaimed on a previous map but has not had a performance bond release shaded pink;

(7) When more than one mining area exists within a permit area, identify each by name or number;

(8) Record the number of the permit year in which an area was reported to be reclaimed, in paragraph (E)(4) of this rule, in such area;

(9) Designate any area upon which grading, contouring or terracing, and resoiling has been completed and a performance bond release request is being submitted by purple cross-hatching;

(10) Designate any area upon which permanent planting or a permanent water impoundment has been completed and a performance bond release request is being submitted by green cross-hatching;

(11) Shade any area upon which grading has been released, but not planting, purple;

(12) Designate any area upon which all performance bond has been released by black cross-hatching;

(13) Shade any area to be deleted from the permit, green;

(14) Designate the perimeter of any area of topsoil, subsoil, or suitable substitute resoiling material storage with a dashed black line, and shade the area included therein brown; and

(15) Show existing and proposed sediment ponds and permanent impoundments on the map and identified by name or number.

(F) Utilize the following uniform symbols for all maps and drawings required by Chapter 1514. of the Revised Code or these rules:

Permanent impoundments

Sediment ponds

Existing bodies of water

Spillway

Overflow pipe (show inside diameter)

Electric distribution line

Electric transmission line (5kv or greater)

Telephone

Gas line

Oil line

Water line

Occupied building

Unoccupied building

Mineral outcrop line

Final highwall

Beginning point

Ending point

Direction arrow (to show how mining will proceed)

Test holes

Contour lines

Property lines

Dike

Diversion ditch

Natural drainage

Pumped drainage

Natural drainage (intermittent flow)

Haul road

Hard surface road

Gravel road or driveway

Oil well

Gas well

Water well

Deep mine shaft

Drift or slope mine entry

Areas to be planted in trees (only needed if entire area is not to be planted in trees)

Existing highwall or active mining face

Toe of spoil or overburden

Cross section

Proposed spoil area

Sump

Last updated July 13, 2026 at 10:40 AM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-1-14 Reports.

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 updated June 26, 2025 at 9:37 AM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-1-15 Public notice of hearing to adopt, amend, or rescind rules.

(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 website for the register of Ohio is http://www.registerofohio.state.oh.us/.

(B) Public notice of a hearing to adopt, amend, or rescind rules shall be given at least thirty days prior to the hearing. The notice shall: state the division's intention to consider adopting, amending, or rescinding rules; include a synopsis of the proposed rules, amendments, or rules to be rescinded, or a general statement of the subject matter to which such proposed rules, amendments or rescissions relate; state the reason or purpose for adopting, amending, or rescinding the rules; and enumerate the date, time, and place of the hearing on the proposed action, which shall not be earlier than the thirty-first nor later than the fortieth day after the proposed rules, amendments or rescissions are filed. The notice shall also state the place where a copy of the proposed rules, amendments or rescissions may be obtained. The chief shall provide a copy of the public notice to anyone who requests it and pays a reasonable fee, not to exceed the cost of copying and mailing.

Last updated February 27, 2023 at 10:07 AM

History

• Effective: August 22, 2016
• Promulgated Under: 119.03

Chapter 1501:14-2 Mine Safety

Ohio Adm.Code 1501:14-2-01 Incorporation by reference of mine safety standards.

(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/. These regulations are 30 C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended.

(B) This rule shall be reviewed annually and updated as pertinent changes take place in 30 C.F.R. and as the publication date of the C.F.R. is updated.

Last updated June 30, 2025 at 11:51 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-2-02 Safety standards governing surface mining operations.

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 duplication with MSHA and to fulfill the requirements of divisions (A) and (C) of section 1514.40, of the Revised Code for the purpose of establishing safety standards governing surface mining operations conducted pursuant to Chapter 1514. of the Revised Code, the requirements relating to MSHA's 7000-1 report, as set forth in 30 C.F.R. part 50, subpart C and subpart D, are not incorporated in these rules.

Last updated June 25, 2025 at 11:16 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-2-03 Criteria, standards and procedures governing annual safety performance evaluations of surface mining operations that are inspected by MSHA.

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 violation data. At the beginning of each state fiscal year, the chief will obtain from the MSHA mine data retrieval system the violations per inspection day ("VPID") calculation for the preceding fifteen months for each surface mining operation permitted under Chapter 1514. of the Revised Code.

(C) Procedures governing safety performance evaluations. If a surface mining operation has a VPID calculation of three or more, the chief will, pursuant to division (B) of section 1514.41 of the Revised Code, identify the surface mining operation as having three or more violations per day. A surface mining operation identified by the chief as having three or more violations per day will receive a minimum of two inspections conducted in accordance with division (B) of section 1514.41 and section 1514.43 of the Revised Code for one year following the identification.

(D) Notification of determination to conduct inspections due to the results of a safety performance evaluation. If a surface mining operation is identified under paragraph (C) of this rule as having three or more violations per day, the chief will provide written notification to the operator of the operation and, if applicable, the authorized representative of the miners of the operation, that the operation will be inspected pursuant to division (B) of section 1514.41 and section 1514.43 of the Revised Code and as determined by this rule. The notice will contain:

(1) A citation of the relevant provision(s) of the Revised Code and the Administrative Code that require the inspections;

(2) A statement that a minimum of two inspections of the operation will be conducted for one year following the identification;

(3) A requirement that the operator provide to the chief within thirty days, in writing, the name of the organization identified as the authorized representative of the miners for the operation, if applicable. The operator may provide this name by U.S. mail, facsimile, or electronic mail to the attention of: manager, mine safety program, Columbus office, division of mineral resources management; and

(4) The procedure, pursuant to paragraph (E) of this rule, whereby the operator may request that the chief reconsider the decision that the surface mining operation had three or more violations per day.

(E) Reconsideration by the chief.

(1) Within thirty days of receipt of the notification required by paragraph (D) of this rule, a surface mining operator may submit a written request to the chief asking him or her to reconsider the decision that the operation had three or more violations per day.

(2) Within fourteen days of the receipt of an operator's request for reconsideration under paragraph (E)(1) of this rule, the chief will provide the operator and, if applicable, the authorized representative of the miners at the surface mining operation with written notice of his or her decision.

(3) Within thirty days after receipt of the chief's decision upon reconsideration under paragraph (E)(2) of this rule, the operator may appeal the chief's decision to the reclamation commission in accordance with section 1514.09 of the Revised Code. Before filing an appeal with the reclamation commission of the chief's decision that a surface mining operation had three or more violations per day, the applicant is to first request reconsideration as provided by paragraph (E)(1) of this rule. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.

Last updated June 25, 2025 at 11:16 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-2-04 Requirements governing the reporting and investigation of accidents for surface mining operations that are inspected by MSHA.

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 hour, once the operator knows or should know that the accident has occurred, by contacting the emergency operations center of the Ohio department of natural resources by telephone at (614) 799-9538.

(2) If the operator thinks that the accident reported under paragraph (A)(1) of this rule did not occur as a result of an unsafe condition or a practice at the operation, then the operator may, within twenty-four hours after the accident is reported, provide the chief with a written explanation of the reason(s) upon which the operator bases such opinion. The operator may provide this explanation by U.S. mail, facsimile, or electronic mail to the attention of: manager, mine safety program, Columbus office, division of mineral resources management.

(B) Injuries and illnesses not requiring reporting. An occupational injury or occupational illness that is required to be reported to MSHA pursuant to 30 C.F.R. part 50, subpart C or D, is not required to be reported to the division of mineral resources management.

(C) Investigation of fatalities and life-threatening injuries.

(1) Upon receipt of notice that a fatality or a life-threatening injury has occurred at an operation, the chief shall conduct an investigation to determine the events surrounding and causes of the fatality or life-threatening injury. To the extent practical, the chief will coordinate the investigation with MSHA.

(2) If the chief conducts an investigation pursuant to this rule, the operator shall, during the investigation, provide the chief, in writing, the name of the organization identified as the authorized representative of the miners for the operation, if applicable.

(3) The chief shall prepare a report of the investigation, including a determination of whether such fatality or injury occurred as a result of an unsafe condition or a practice at the operation. Within seven days of the completion of the fatality or life-threatening injury investigation report, the chief will provide the operator and, if applicable, the authorized representative of the miners at the operation, with a copy of the investigation report.

(D) Notification of determination to conduct inspections.

(1) If the chief determines that a fatality or a life-threatening injury of a miner has occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief will immediately provide the operator with written notice that the operation will be inspected once every three months for a period of two years for a fatality in accordance with division (C) of section 1514.41 of the Revised Code or that the operation will be inspected once every three months for a period of one year for a life-threatening injury in accordance with division (D) of section 1514.41 of the Revised Code. The notice shall contain:

(a) A citation of the relevant provision(s) of the Revised Code and the Administrative Code that require the inspections;

(b) A statement that the one-year or two-year time frame for the inspections, as applicable, will begin immediately;

(c) The number of inspections the surface mining operation will receive; and

(d) The procedure, pursuant to paragraph (E) of this rule, whereby the operator may request that the chief reconsider the decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation.

(2) If a fatality or a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief will, as soon as practicable, conduct a mine safety inspection of the operation in accordance with sections 1514.41 and 1514.43 of the Revised Code and these rules. A request for reconsideration pursuant to paragraph (E) of this rule will not cause a delay in the conduct of this mine safety inspection.

(E) Reconsideration by the chief.

(1) Within thirty days of receipt of the notification required by paragraph (D) of this rule, a surface mining operator may submit a written request to the chief asking him or her to reconsider the decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation.

(2) Within fourteen days of receipt of an operator's request for reconsideration under paragraph (E)(1) of this rule, the chief will provide the operator and, if applicable, the authorized representative of the miners at the surface mining operation, with written notice of his or her decision.

(3) Within thirty days after receipt of the chief's decision under paragraph (E)(2) of this rule, the operator may appeal the chief's decision to the reclamation commission in accordance with section 1514.09 of the Revised Code. An operator shall not file an appeal with the reclamation commission of the chief's decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation without first requesting reconsideration as provided by paragraph (E)(1) of this rule. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.

Last updated February 8, 2024 at 1:01 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-2-05 Mine safety inspections of surface mining operations that are inspected by MSHA.

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 safety performance evaluation conducted under paragraph (B) of section 1514.41 or section 1514.45 of the Revised Code or rule 1501:14-2-03 of the Administrative Code as having three or more violations per day;

(b) A fatality of a miner or a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, as determined by the chief under division (C) or (D) of section 1514.41 of the Revised Code and paragraphs (C) and (D) of rule 1501:14-2-04 of the Administrative Code; or

(c) The chief determines, pursuant to paragraph (B)(3) of this rule, that the operator has failed to comply with a safety standard that was being violated and the chief, at his or her discretion and based on the severity of the violation or other safety factors, conducts additional mine safety inspections pursuant to paragraph (B)(3)(b) of this rule.

(2) If, pursuant to paragraphs (A)(1) of this rule, the chief conducts a mine safety inspection of a surface mining operation that is also inspected by MSHA, the chief will enforce the safety standards established and incorporated by reference in Chapter 1514. of the Revised Code and these rules but only review the mine safety training plan required under 30 C.F.R. part 46 insofar as to ensure that the operation has such a training plan.

(B)

(1) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, if, during a mine safety inspection, the chief finds a violation of a safety standard, the chief will write a violation that directs the operator to comply with the standard that is being violated within a reasonable period of time.

(2) If the chief finds a violation of a safety standard, the chief will return to the surface mining operation after a reasonable period of time only to determine if the operator has complied with the standard that was being violated.

(3) If the chief determines, under paragraph (B)(2) of this rule, that the operator has failed to comply with the standard that was being violated:

(a) The chief will take appropriate action, if necessary, in the form of an order of the chief to obtain compliance; and

(b) The chief may, at his or her discretion and based on the severity of the violation or other safety factors, conduct additional mine safety inspections of the entire surface mining operation pursuant to this rule.

(C) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, after completion of a mine safety inspection of a surface mining operation, the chief will prepare a report that:

(1) Describes the general conditions of the surface mining operation;

(2) Lists any hazardous conditions at the operation;

(3) Lists any violations of the safety standards established or incorporated by reference in these rules; and

(4) Describes the nature and extent of any hazardous condition or violation found, the corresponding remedy for each hazardous condition or violation, and a reasonable period of time to remedy the hazardous condition or to comply with the safety standard that is being violated.

(D) The chief will provide two copies of the report prepared under paragraph (C) of this rule to the operator. The operator is to post one copy of the report at the operation for review by the employees of the operation.

(E)

(1) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, not later than ten days after receipt of a report under paragraph (D) of this rule, the operator may submit a written request to the chief for a meeting with the chief to review the findings contained in the report.

(2) Upon receipt of a request, the chief will review the report and schedule a meeting with the operator. Within a reasonable period of time after the meeting, the chief will make a written determination concerning the findings contained in the report and provide one copy of the determination to the operator of the surface mining operation and one copy of the determination to an authorized representative of the miners at the operation. If the chief makes a determination that affirms the findings contained in the report, the chief's determination constitutes an order of the chief for purposes of Chapter 1514. of the Revised Code and these rules.

(F) Before an operator may appeal the contents of a report prepared under paragraph (C) of this rule to the reclamation commission, the operator is to first submit a written request for a review by the chief as provided in paragraph (E)(1) of this rule. If, upon review of the findings in the report, the chief makes a determination that affirms the findings in the report, then the operator may appeal this determination to the reclamation commission in accordance with section 1514.09 of the Revised Code. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.

(G)

(1) If, during a mine safety inspection conducted under section 1514.41 of the Revised Code or this rule or during a safety audit conducted under section 1514.42 of the Revised Code, the chief finds a condition or practice at an operation that could reasonably be expected to cause the death of or imminent serious physical harm to an employee of the operation, the chief immediately will issue orders to:

(a) Safeguard the employees;

(b) Notify the operator of the condition or practice; and

(c) Require the operator to abate the condition or practice within a reasonable period of time.

(2) In all situations under paragraph (G)(1) of this rule, the chief may direct the operation to cease in the area in which the condition or practice is occurring or may direct the entire operation to cease, if necessary, until the condition or practice that could reasonably be expected to cause death or serious physical harm is eliminated.

(H)

(1) The chief will complete a report that describes:

(a) The condition or practice found under paragraph (G) of this rule;

(b) The action taken to abate the condition or practice, if applicable pursuant to paragraph (G)(1)(c) of this rule, or to eliminate the condition or practice, if applicable pursuant to paragraph (G)(2) of this rule; and

(c) The period of time that was given to abate or eliminate the condition or practice, as applicable.

(2) The chief will provide two copies of the report to the operator. The operator is to post one copy of the report at the operation for review by the employees of the operation.

(I) No operator shall violate or fail to comply with an order issued pursuant to this rule.

Last updated June 27, 2024 at 9:30 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-2-06 Mine safety training.

(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 mine safety training for that year. The safety audit will be conducted at the surface mining operation where the miners requiring training are employed and will not continue more than one day. Subject to the availability of mine safety staff and resources, the chief will conduct additional safety audits at any surface mining operation if requested by the operator of the operation. All safety audits are to be scheduled at a time to which the chief and the operator mutually agree and be conducted in accordance with section 1514.42 of the Revised Code.

(C) Mine safety training will be conducted in accordance with these rules and will emphasize the standards established and incorporated by reference in these rules and include any other content that the chief determines is beneficial.

Last updated June 27, 2024 at 9:32 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-2-07 Certified mine foreperson.

(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.

(2) Examinations of surface mining operations for the purposes of 30 C.F.R. part 56, as amended, shall be conducted by one of the following:

(a) A certified mine foreperson;

(b) A person who is qualified to conduct such examinations as provided in division (D) of section 1514.47 of the Revised Code and paragraph (C) of rule 1501:14-2-08 of the Administrative Code;

(c) A person designated by the certified mine foreperson as a competent person.

(3) For purposes of this rule, a competent person is a person who has been trained in accordance with 30 C.F.R. part 46 and been determined by a certified mine foreperson to have demonstrated the ability, training, knowledge, or experience necessary to perform the duty to which the person is assigned. A person is not a competent person if the chief demonstrates, with good cause, that the person does not have the ability, training, knowledge, or experience necessary to perform that duty.

(4) The operator of a surface mining operation shall maintain records demonstrating that a competent person designated by a certified mine foreperson has the ability, training, knowledge, or experience to perform the duty to which the person is assigned as well as records of the competent person's training in accordance with 30 C.F.R. part 46. The operator shall make the records available to the chief upon request.

(B) Qualifications, fees and procedures governing the examination for certification as a mine foreperson for surface mines.

(1) A person who applies for certification as a mine foreperson shall be able to read and write the English language and shall have at least two years' experience working with or under the direction of a certified mine foreperson.

(2) Persons may be certified for either or both of the following:

(a) Sand and gravel mine foreperson for surface mining operations permitted under Chapter 1514. of the Revised Code and these rules which do not use explosives.

(b) Quarry mine foreperson, which shall be valid for all surface mining operations permitted under Chapter 1514. of the Revised Code and these rules.

(3) An applicant for certification as a mine foreperson shall file an application for certification with the chief, including a notarized affidavit establishing the applicant's qualifications as set forth in paragraph (B)(1) of this rule, to take the certified mine foreperson examination. An applicant may apply for certification as both a sand and gravel foreperson and a quarry mine foreperson. Such application and affidavit shall be made on a form prescribed by the chief.

(4) The chief shall will conduct mine foreperson certification examinations as often as practical in accordance with these rules.

(5) The chief shall will grade each examination, and certify an applicant attaining a grade of seventy per cent or higher on each portion of the examination.

(6) An applicant not attaining a passing grade on one part of the examination may apply to be retested on that part only.

(7) An applicant not attaining a passing grade on two or more parts of the examination shall wait at least thirty days before reapplying for examination. An applicant not attaining a passing grade on two or more parts of the examination shall retake the entire examination.

() Each applicant for examination shall pay a non-refundable fee of twenty-five dollars, submitted with each application for examination. This fee shall be paid by check or money order payable to "Ohio Treasurer of State." Any moneys collected under this rule shall be paid into the state treasury to the credit of the mining regulation and safety fund created in section 1513.30 of the Revised Code.

(8) A certificate issued under paragraph (B) of this rule after September 29, 2015, shall not expire unless, as provided in division (C)(1) of section 1514.47 of the Revised Code and paragraph (E)(3) of this rule, the certificate holder has not been employed in a surface mining operation for five consecutive years.

(C) Temporary certification of mine foreperson. An operator may submit a request to the chief, on a form provided by the chief, asking for temporary certification for one of his or her employees who is within six months of having accumulated the required experience for certification as a sand and gravel foreperson or a quarry mine foreperson so that the employee may act in the capacity of a certified sand and gravel foreperson or a certified quarry mine foreperson on a temporary basis until such time as the applicant has accumulated the minimum necessary experience.

(1) The recipient of a temporary certification may apply for and take the examination for certification, administered under paragraph (B) of this rule, during the period within which the individual has a temporary certification. If the applicant passes the examination and, upon completion of all eligibility requirements, submits the required information on a notarized form provided by the chief documenting the accrual of the balance of the required experience, the chief shall will issue the applicant a mine foreperson certification.

(2) Temporary certification as a mine foreperson shall be is valid for a maximum of six months. If the individual holding a temporary certification does not pass the examination by the end of the six-month period, the temporary certification shall will expire and the applicant shall cease performing all duties of a certified mine foreperson.

(3) If the individual holding a temporary certification has applied to take the examination for certification and the application to take the examination has been postmarked by midnight of the expiration date of the temporary certification, the temporary certification shall remains in effect until the date of the next certification examination scheduled by the division of mineral resources management. The division will notify the applicant of the examination date. If the applicant does not take the next scheduled examination or does not pass that examination, the temporary certification shall will expire and the applicant shall cease performing all duties of a certified mine foreperson.

(4) No person shall be is eligible to receive temporary certification more than one time unless the chief determines that exigent circumstances warrant otherwise.

(5) The chief may waive any part of the requirements for temporary certification if the chief determines exigent circumstances so warrant.

(D) A copy of each mine foreperson certificate and temporary certificate shall be kept at the mine site and made available to the chief upon request.

(E) Qualifications, fees and procedures governing the reissuance and expiration of mine foreperson certification.

(1) If a person holds a certificate issued under paragraph (B) of this rule that has not expired prior to September 29, 2015, the chief, upon request, shall will reissue to the person a certificate that does not expire.

(2) If a person holds a certificate issued under this rule that expired on or after April 7, 2012, and has not been issued a new certificate prior to September 29, 2015, the chief, upon request, shall will issue to that person a certificate that does not expire, provided that the person is in compliance with all other applicable requirements established in Chapter 1514. of the Revised Code and rules adopted under it. An applicant for reissuance of a mine foreperson certification pursuant to this paragraph shall file an application for reissuance with the chief, on a form prescribed by the chief., and pay a non-refundable fee of twenty-five dollars. This fee shall be paid by check or money order payable to "Ohio Treasurer of State."

(3) A mine foreperson certificate issued pursuant to section 1514.47 of the Revised Code and this rule shall not expire unless the certificate holder has not been employed in a surface mining operation for five consecutive years. If the certificate holder has not been employed in a surface mining operation for five consecutive years, the certificate holder may retake the mine foreperson examination and fulfill the other certification requirements of division (B) of section 1514.47 of the Revised Code and paragraph (B) of this rule, or may petition the chief to accept past employment history in lieu of being employed in a surface mining operation for five consecutive years. The petition shall be made on a form prescribed by the chief and shall include a notarized affidavit establishing the certificate holder's qualifications as set forth in paragraph (B)(1) of this rule. The certificate holder shall submit with the petition copies of training records verifying that within the past twelve months the certificate holder has received annual refresher training as required in rules adopted and incorporated by reference pursuant to division (A) of section 1514.40 of the Revised Code. The chief shall will grant or deny the petition by issuance of an order. If the chief grants the petition, the certificate holder shall pay a non-refundable fee of twenty-five dollars, paid by check or money order payable to "Ohio Treasurer of State," and the chief shall reissue the certificate. If the chief denies the petition, the certificate holder may apply for a new certificate by retaking the mine foreperson examination and fulfilling the other certification requirements of division (B) of section 1514.47 of the Revised Code and paragraph (B) of this rule.

(4) If a certificate holder has not been employed in a surface mining operation for five consecutive years, he or she they shall not perform the duties of a certified mine foreperson unless the chief reissues his or her their certificate pursuant to division (C)(1) of section 1514.47 of the Revised Code and paragraph (E)(3) of this rule or the chief issues him or her a new certificate pursuant to division (B) of section 1514.47 of the Revised Code and paragraph (B) of this rule.

(F)

(1) If a certificate, including a temporary certificate, issued under this rule is suspended, the certificate shall will not be renewed or reissued until the suspension period expires and the person whose certificate is suspended successfully completes all actions required by the chief. If an applicant's license, certificate, or similar authority that is issued by another state to perform specified mining duties is suspended or revoked by that state, the applicant shall be ineligible for a certification test or for renewal or reissuance of a certificate, including a temporary certificate, in this state during that period of suspension or revocation.

(2) A certificate, including a temporary certificate, issued under this rule that has been revoked shall will not be renewed or reissued.

(G) If a person who has been certified by the chief under section 1514.47 of the Revised Code and this rule purposely violates Chapter 1514. of the Revised Code or Chapters 1501:14-1 to 1501:14-6 of the Administrative Code, the chief may suspend or revoke the certificate after an investigation and hearing conducted in accordance with Chapter 119. of the Revised Code are completed.

Last updated February 8, 2024 at 1:01 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-2-08

(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 section 1514.47 of the Revised Code and this rule, submit to the chief a detailed training plan under which persons who qualify under the plan may conduct and document examinations at the surface mining operation for purposes of 30 C.F.R. part 56, as amended.

(1) To be eligible to participate in a training plan to become qualified under this rule, a person is to be able to read and write the English language and have had at least one year's experience working with or under the direction of a certified mine foreperson.

(2) The detailed training plan is to contain:

(a) The name, address, state and MSHA identification number of the operation;

(b) The name, position and work experience of each employee to be qualified under the plan;

(c) The name, position and work experience of each instructor who will be conducting training under the plan;

(d) An outline of the content for initial training;

(e) An outline of the content for continuing education; and

(f) An explanation of how the operator will provide documentation to the chief pursuant to paragraph (C)(2) of this rule.

(3) Training provided under the plan will address all of the following subject matter:

(a) Identification and correction of hazards found by the qualified person;

(b) Reporting, documentation and follow up procedures to be followed by the qualified person concerning hazards and corrective actions;

(c) Safe work practices;

(d) Accident prevention, investigation, reporting and documentation;

(e) Medical care for injured miners;

(f) Training requirements under Chapter 1514. of the Revised Code and rules adopted pursuant thereto;

(g) Duties of a qualified person; and

(h) Legal provisions set forth in Chapter 1514. of the Revised Code and all mine safety rules adopted pursuant thereto.

(4) The length of initial training will be a minimum of thirty-two hours, including eight hours of in-class training and twenty-four hours of on-the-job training. The training hours specified need not be completed consecutively. Continuing education will be a minimum of four hours each year.

(B) The chief will review the plan and determine if the plan complies with these rules. The chief will approve or not approve the plan and notify the operator, in writing, of his or her decision.

(1) A plan not approved by the chief will be returned to the operator with an explanation of the reason(s) for non-approval.

(2) Any changes to an approved training plan are to be submitted to the chief in writing and approved by the chief in writing prior to implementation.

(3) A copy of all approved training plans are to be kept at the mine site and made available to the chief upon request.

(C) After a detailed training plan is approved by the chief, an operator may train persons in accordance with the plan.

(1) When a qualified person is added to or removed from the list of persons who qualify under an approved training plan, the operator is to submit, in writing, within thirty days, an updated list of qualified persons at that operation to the chief.

(2) When a person at an operation completes initial and annual training under this rule to become or to remain qualified under the approved plan, the operator is to document such training, in writing, to the chief.

Last updated June 27, 2024 at 9:33 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-2-09 Requirements governing the reporting and investigation of accidents and injuries for surface mining operations that are not inspected by MSHA.

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 the division within one hour, once the operator knows or should know that the fatality or life-threatening injury has occurred, by contacting the emergency operations center of the Ohio department of natural resources by telephone at (614) 799-9538.

(b) If the operator thinks that the accident reported under paragraph (A)(1)(a) of this rule did not occur as a result of an unsafe condition or a practice at the operation, then the operator may, within twenty-four hours after the accident is reported, provide the chief with a written explanation of the reason(s) upon which the operator bases such opinion. The operator may provide this explanation by U.S. mail, facsimile, or electronic mail to the attention of: manager, mine safety program, Columbus office, division of mineral resources management.

(2) A lost-time accident other than a life-threatening injury that occurs at a surface mining operation that is not inspected by MSHA shall be reported to the chief, in writing on a form provided by the chief, within ten days after the lost-time accident occurs,. The accident report form shall be sent and send to "Mine Safety Section, Division of Minerals Resources Management, Ohio Department of Natural Resources, 2045 Morse Road, Building H, Columbus, OH 43229."

(B) Investigation of fatalities and life-threatening injuries.

(1) Upon receipt of notice that a fatality or a life-threatening injury has occurred at an operation, the chief shallwill conduct an investigation to determine the events surrounding and causes of the fatality or life-threatening injury.

(2) If the chief conducts an investigation pursuant to this rule, the operator shall, during the investigation, provide the chief, in writing, the name of the organization identified as the authorized representative of the miners for the operation, if applicable.

(3) The chief shallwill prepare a report of the investigation, which shall includeincluding a determination of whether such fatality or injury occurred as a result of an unsafe condition or a practice at the operation. Within seven days of the completion of the fatality or life-threatening injury investigation report, the chief shallwill provide the operator and, if applicable, the authorized representative of the miners at the operation, with a copy of the investigation report.

(C) Notification of determination to conduct inspections.

(1) If the chief determines that a fatality or a life-threatening injury of a miner has occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief shallwill immediately provide the operation with written notice that the operation will be inspected once every three months for a period of two years for a fatality in accordance with division (C) of section 1514.41 of the Revised Code or that the operation will be inspected once every three months for a period of one year for a life-threatening injury in accordance with division (D) of section 1514.41 of the Revised Code. The notice shall contain:

(a) A citation of the relevant provision(s) of the Revised Code and the Administrative Code that require the inspections;

(b) A statement that the one-year or two-year time frame for the inspections, as applicable, will begin immediately;

(c) The number of inspections the surface mining operation will receive; and

(d) The procedure, pursuant to paragraph (D) of this rule, whereby the operator may request that the chief reconsider the decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation.

(2) If a fatality or a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, the chief shallwill, as soon as practicable, conduct a mine safety inspection of the operation in accordance with sections 1514.41 and 1514.43 of the Revised Code and these rules. A request for reconsideration pursuant to paragraph (D) of this rule shallwill not cause a delay in the conduct of this mine safety inspection.

(D) Reconsideration by the chief.

(1) Within thirty days of receipt of the notification required by paragraph (C) of this rule, a surface mining operator may submit a written request to the chief asking him or her to reconsider the decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation.

(2) Within fourteen days of receipt of an operator's request for reconsideration under paragraph (D)(1) of this rule, the chief shallwill provide the operator and, if applicable, the authorized representative of the miners at the surface mining operation, with written notice of his or her decision.

(3) Within thirty days after receipt of the chief's decision under paragraph (D)(2) of this rule, the operator may appeal the chief's decision to the reclamation commission in accordance with section 1514.09 of the Revised Code. An operator shall not file an appeal with the reclamation commission of the chief's decision that a fatality of a miner or a life-threatening injury of a miner occurred at a surface mining operation as a result of an unsafe condition or a practice at the operation without first requesting reconsideration as provided by paragraph (D)(1) of this rule. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.

Last updated February 8, 2024 at 1:01 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-2-10 Mine safety inspections of surface mining operations that are not inspected by MSHA.

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 a fatality of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, as determined by the chief under division (C) of section 1514.41 of the Revised Code and paragraphs (B) and (C) of rule 1501:14-2-09 of the Administrative Code, a minimum of one inspection every three months for two years following the fatality; or

(c) If a life-threatening injury of a miner occurs at a surface mining operation as a result of an unsafe condition or a practice at the operation, as determined by the chief under division (D) of section 1514.41 of the Revised Code and paragraphs (B) and (C) of rule 1501:14-2-09 of the Administrative Code, a minimum of one inspection every three months for one year following the life-threatening injury.

(2) The chief will conduct mine safety inspections to enforce the safety standards established and incorporated by reference in Chapter 1514. of the Revised Code and these rules and to review for compliance the mine safety training plan set forth in 30 C.F.R. part 46.

(3) When the chief conducts a mine safety inspection pursuant to paragraph (A)(1) of this rule, the operator is to, during the inspection, provide the chief, in writing, the name of the organization identified as the authorized representative of the miners for the operation, if applicable.

(B)

(1) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, if, during a mine safety inspection, the chief finds a violation of a safety standard, the chief will, in writing, require the operator to comply with the standard that is being violated within a reasonable period of time.

(2) If the chief finds a violation of a safety standard, the chief will return to the surface mining operation after a reasonable period of time to determine if the operator has complied with the standard that was being violated.

(3) If the chief determines, under paragraph (B)(2) of this rule, that the operator has failed to comply with the standard that was being violated:

(a) The chief will take appropriate action in the form of an order of the chief to obtain compliance if necessary; and

(b) The chief may, at his or her discretion and based on the severity of the violation or other safety factors, conduct additional mine safety inspections of the entire surface mining operation pursuant to this rule.

(C) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, after completion of a mine safety inspection of a surface mining operation, the chief will prepare a report that:

(1) Describes the general conditions of the surface mining operation;

(2) Lists any hazardous conditions at the operation;

(3) Lists any violations of the safety standards established or incorporated by reference in these rules; and

(4) Describes the nature and extent of any hazardous condition or violation found, the corresponding remedy for each hazardous condition or violation, and a reasonable period of time to remedy the hazardous condition or to comply with the safety standard that is being violated.

(D) The chief will provide two copies of the report prepared under paragraph (C) of this rule to the operator. The operator is to post one copy of the report at the operation for review by the employees of the operation.

(E)

(1) Except as otherwise provided in section 1514.44 of the Revised Code and paragraph (G) of this rule or pursuant to a safety audit conducted under section 1514.42 of the Revised Code, not later than ten days after receipt of a report under paragraph (D) of this rule, the operator may submit a written request to the chief for a meeting with the chief to review the findings contained in the report.

(2) Upon receipt of a request, the chief will review the report and schedule a meeting with the operator. Within a reasonable period of time after the meeting, the chief will make a written determination concerning the findings contained in the report and provide one copy of the determination to the operator of the surface mining operation and one copy of the determination to an authorized representative of the miners at the operation. If the chief makes a determination that affirms the findings contained in the report, the chief's determination constitutes an order of the chief for purposes of Chapter 1514. of the Revised Code and these rules.

(F) Before appealing the contents of a report prepared under paragraph (C) of this rule to the reclamation commission the operator is to first submit a written request for a review by the chief as provided in paragraph (E)(1) of this rule. If, upon review of the findings in the report, the chief makes a determination that affirms the findings in the report, then the operator may appeal this determination to the reclamation commission in accordance with section 1514.09 of the Revised Code. The filing of a notice of appeal to the reclamation commission does not operate as a stay of any order, determination, or decision of the chief.

(G)

(1) If, during a mine safety inspection conducted under section 1514.41 of the Revised Code or this rule or during a safety audit conducted under section 1514.42 of the Revised Code, the chief finds a condition or practice at an operation that could reasonably be expected to cause the death of or imminent serious physical harm to an employee of the operation, the chief immediately will issue orders to:

(a) Safeguard the employees;

(b) Notify the operator of the condition or practice; and

(c) Require the operator to abate the condition or practice within a reasonable period of time.

(2) In all situations under paragraph (G)(1) of this rule, the chief may direct the operation to cease in the area in which the condition or practice is occurring or may direct the entire operation to cease, if necessary, until the condition or practice that could reasonably be expected to cause death or serious physical harm is eliminated.

(H)

(1) The chief will complete a report that describes:

(a) The condition or practice found under paragraph (G) of this rule;

(b) The action taken to abate the condition or practice, if applicable pursuant to paragraph (G)(1)(c) of this rule, or to eliminate the condition or practice, if applicable pursuant to paragraph (G)(2) of this rule; and

(c) The period of time that was given to abate or eliminate the condition or practice, as applicable.

(2) The chief will provide two copies of the report to the operator. The operator is to post one copy of the report at the operation for review by the employees of the operation.

(I) No operator is to violate or fail to comply with an order issued pursuant to this rule.

Last updated June 27, 2024 at 9:33 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Chapter 1501:14-3 Drainage and Soil

Ohio Adm.Code 1501:14-3-02 Minimizing acid drainage and acid water accumulation.

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 material from coming into contact with surface water, and promptly cover the acid producing refuse material with a minimum of three feet of non-acid producing material.

Last updated June 25, 2025 at 6:33 PM

History

• Effective: December 18, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-3-03 Permanent water impoundments.

(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 life, the operator shall:

(1) Construct dams or otherwise provide that the water level within any permanent water impoundment is maintained at no less than four feet above any acid producing materials within the impoundment;

(2) Cover with non-acid producing material to a minimum depth of three feet, any acid producing material resulting from mining located within the drainage area of the lake or pond;

(3) Prevent surface water resulting from mining which contains substances in amounts or concentrations that are harmful to persons, fish, waterfowl, or other beneficial species of aquatic life from flowing into any permanent impoundment;

(4) Maintain all impounded water at a pH of 6.0 or above; and

(5) Maintain a minimum water depth of six feet in each impoundment, unless otherwise required by the future intended use and approved in the mining and reclamation plan.

(6) Lime mining waste may be employed as a component of developing fish spawning zones or reef zones within a permanent impoundment. These zones shall be constructed in consultation with accredited wildlife biologists. The designated areas shall be sufficiently covered with a minimum cover of four feet of non-toxic earthen material, unless an alternative plan for cover or treatment is approved by the chief based upon a showing by the applicant that the alternative plan is as effective for protecting water quality and sustaining vegetative growth, before other materials such as sand, stone or rock are employed to create the spawning or reef surfaces.

(B) To insure public safety the operator shall:

(1) Stabilize the banks of the impoundments;

(2) Provide egress from the impoundment;

(a) Lime mining waste may be employed in final reclamation of a highwall to provide additional egress from the impounded area,. The egress area shall be no steeper than fifteen degrees in accordance with paragraph (C) of this rule beginning at the anticipated low water level and extending beyond the highest level of normal annual fluctuation at least twelve feet. A minimum of four feet of non-toxic earthen material shall cover the submerged slope, with an additional six inches of topsoil used to cap any exposed slope, unless an alternative plan for cover or treatment is approved by the chief based upon a showing by the applicant that the alternative plan is as effective for protecting water quality and sustaining vegetative growth. The earthen cover shall be planted with a diverse vegetative cover in accordance with this chapter.

(3) Restrict access to the impoundment where access is not required for the future intended use; and

(4) Perform other measures as are necessary to insure public safety because of the particular site conditions.

(C) To assure safe access where permanent impoundments are intended for recreational use, the operator shall construct designated access areas consistent with the intended recreational use, which access areas shall be no steeper than fifteen degrees beginning at the anticipated low water level and extending beyond the highest level of normal annual water fluctuation at least twelve feet.

(D) To prevent hazards to adjoining properties, the operator shall construct any dams that are part of a permanent impoundment in accordance with the requirements of rule 1501:14-3-11 of the Administrative Code and all other applicable federal, state, or local laws.

Last updated February 8, 2024 at 1:02 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-3-11

To prevent damage to adjoining property from flooding, landslides, and flood hazards resulting from mining operations, the operator shall:

(A) Construct necessary sediment and flood control impoundments that shall:

(1) Have a minimum storage capacity below the crest of the principal spillway of 0.2 acre-feet per acre of disturbed area within the watershed;

(2) Be located within each affected watershed;

(3) Have primary and secondary spillway systems capable of safely passing the required peak design flows without endangering the safety of the dam;

(4) Include means of dissipating the energy of flow at the spillway outlets without eroding the dam or the downstream channel;

(5) Have vegetation established on the slopes of the impoundments and the dam to prevent erosion; and

(6) Be cleaned out whenever sediment fills half the minimum storage capacity of the impoundment, which sediment shall be disposed dispose of sediment in a manner consistent with the intended future use of the area;

(B) Construct dikes, diversions, and drainage channels that shall:

(1) Direct drainage from the affected area to sediment and flood control impoundments and divert runoff around or away from the affected areas;

(2) Protect existing natural streams; and

(3) Be constructed with sufficient capacity to safely carry peak design flows;

(C) Use impervious materials to construct all dams, dikes, and drainage channels. Where impervious materials are not available at the site, the chief may approve use of alternate materials, designs, or methods;

(D) Assure that water controlled by pumping or other mechanical methods is controlled in a manner that will prevent damage to adjoining property;

(E) Comply with all federal, state, or local laws applicable to the design, construction, operation, and maintenance of dams, dikes, diversions, drainage channels, and impoundments; and

(F) Reclaim all dams, dikes, diversions, drainage channels, and impoundments unless specified as permanent structures in the mining and reclamation plan.

Last updated February 8, 2024 at 1:02 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-3-04 Use of explosives in industrial minerals operations.

(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 development of underground mine entries, this rule shall applyapplies to all material above the final floor level of the cut. For vertical shafts and drift or slope entries associated with underground mining, this rule shall applyapplies only to the first twenty-five feet of material excavated below or beyond the original ground surface or point of entry.

(2) Blasting operations shall be conducted in accordance with all applicable state and federal laws and regulations.

(3) For purposes of this rule, "certified blaster" shall means a blaster who possesses a valid certificate obtained pursuant to rule 1501:13-9-10 of the Administrative Code and "blaster-in-charge" shall means, for each blast, the certified blaster responsible for the loading of the blastholes (including delay detonator connections), detonation of the blast, and completion of the blast record required under paragraph (E) of this rule.

(4) Blasting operations shall be conducted only under the supervision of a certified blaster. Only a certified blaster, or a member of the blasting crew under the direct supervision of the certified blaster, may detonate a blast. Any certified blaster who is responsible for conducting blasting operations at a blasting site shall give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew or assist in the use of explosives at that site.

(5) Certified blasters, and other persons responsible for blasting operations at a blasting site, shall review and know the permittee's blasting plan and site-specific blasting requirements. The permittee shall keep a copy of the current blasting plan and permit map at the permit site for use by employees, contract blasters, and any other persons responsible for blasting operations.

(B) Blasting times.

(1) Blasts may be detonated only between sunrise and sunset. The chief may further limit the time periods for blasting if necessary and reasonable in order to protect the public health and safety.

(2) Blasts may be detonated at other times only in emergency situations where rain, lightning, other atmospheric conditions, or operator or public safety so requires. When a blast is detonated under any of those circumstances, the blaster-in-charge shall document the reason for the late or unscheduled blast in the blast record required under paragraph (E) of this rule.

(C) Blasting signs, warnings, and access control.

(1) All blasting signs required to be posted shall: be of uniform design throughout the operation, easily visible, and made of durable material. These signs shall be maintained during all operations to which they pertain and shall conform to local ordinances and codes.

(a) Be of uniform design throughout the operation;

(b) Be easily visible;

(c) Made of durable material;

(d) Be maintained during all operations to which they pertain; and

(e) Conform to local ordinances and codes.

(2) The permittee shall conspicuously place signs reading "BLASTING AREA" along the edge of any blasting area that comes within one hundred feet of any public road right-of-way, and at the edge of blasting areas along access and haul roads within the permit area. In addition to "BLASTING AREA," such signs may include supplemental words or phrases such as "danger" or "do not enter."

(3) At all entrances to the permit area from any road, the permittee shall conspicuously place signs that state "WARNING! EXPLOSIVES IN USE" which clearly explain the meaning of the audible warning and all-clear signals in use.

(4) For each blast, the blaster-in-charge shall determine the limits of the blasting area and communicate those limits to the certified mine foreperson or to his or her designee. The certified mine foreperson or his or her designee shall be are responsible for controlling access to the blasting area to prevent the presence of livestock or unauthorized persons at least ten minutes before each blast, and until the blaster-in-charge has determined that no unusual hazards, such as imminent slides or undetonated charges, exist, and access to and travel within the blasting area can safely resume. The certified mine foreperson or his or her designee shall not allow anyone to re-enter the blasting area until the blaster-in-charge has confirmed that the all-clear signal has been sounded. "Blasting area" means the area in which airblast (concussion or shock wave), flyrock, or other blasting hazards might cause injury to persons or damage to property. In determining the blasting area, the following factors shall be considered:

(a) Geology of the material to be blasted;

(b) Orientation of the blast bench and rock face(s);

(c) Blast pattern layout, delay system and timing;

(d) Burden, depth, diameter and angle of the blastholes;

(e) Blasting experience of the mine;

(f) Powder factor and pounds of explosives per delay;

(g) Type and amount of explosive material;

(h) Type and amount of stemming;

(i) Atmospheric conditions; and

(j) Topography.

(5) At least one minute, but not more than two minutes before the detonation of a blast, the blaster-in-charge, or someone directed by the blaster-in-charge, shall give an audible warning signal. If the blast is not detonated within two minutes of the audible warning signal, the warning signal shall be repeated as required by this paragraph before the blast is detonated. After the blast has been detonated and the blaster-in-charge has confirmed that the blast area is safe to re-enter, an audible all-clear signal shall be given.

(6) Warning and all clear signals, to be produced by an airhorn, siren or similar device, shall be audible to at least one thousand feet in all directions from the blast site. "Blast site" means the area formed by the perimeter of the loaded blastholes and fifty feet in all directions from loaded blastholes. The warning signal shall consist of three long sounds, each lasting at least five seconds,. The and the all-clear signal shall consist of one long sound lasting at least ten seconds.

(D) Control of adverse effects.

(1) Blasting shall be conducted in a manner that prevents injury to persons and damage to public or private property outside the area for which a permit was issued.

(2) "Flyrock," defined as rock, mud or debris (excluding dust) ejected from the blast site by the force of a blast, shall not be cast beyond the permit boundary.

(a) If flyrock is cast beyond the permit boundary, the blaster-in-charge shall notify the division of mineral resources management by telephone within two hours after learning of the flyrock incident, and submit a flyrock incident report to the division within three business days after learning of the incident. Neither the permittee nor the certified blaster shall conduct another blast directly beside or behind the blast site where the flyrock originated until the report is properly completed and the division of mineral resources management has acknowledged its receipt. The report shall be signed by the blaster-in-charge who conducted the blast,. The report shall and include, at a minimum, a copy of the blast record and all available seismographic data, a sketch of the blast site and rock deposition area, and a detailed explanation of: how the blasts were designed and loaded; who witnessed the blast and where they were located and what they observed; the location and nature of the flyrock deposition (including property owners, type and approximate number of rocks, size and distance range), property damages (if any) and personal injuries (if any); what measures have been taken to repair all property damages (if any) and address all personal injuries (if any); the probable cause of the flyrock incident; and the corrective measures to be taken to prevent another flyrock incident.

(3) Ground vibration, when measured at any dwelling, public or commercial building, school, church, or community or institutional building located outside the permit area and not owned by the permittee, shall not exceed the frequency-dependent particle velocity limits illustrated below, from the "Report of Investigations 8507, Appendix B: Alternative Blasting Level Criteria (1980)," published by the former U.S. Bureau of Mines. When applying the frequency-dependent particle velocity limits, the lower plateau at 0.50 inches per second shall apply at its corresponding frequencies to the nearest dwelling or building listed above, unless the permittee submits to the chief site-specific technical evidence to support application of the higher plateau at 0.75 inches per second, and the chief approves a blast plan modification to that effect.

(4) Airblast, when measured at any dwelling or building listed in paragraph (D)(3) of this rule shall not exceed one hundred thirty-three decibels.

(5) A seismograph shall be used beside the nearest dwelling or building in paragraph (D)(3) of this rule to demonstrate compliance with the ground vibration and airblast limits of paragraphs (D)(3) and (D)(4) of this rule. As an alternative to seismographic monitoring, the blast shall comply with the scaled distance equation, W = (D/90)², where W is the maximum weight of explosives, in pounds, that can be detonated within any period less than eight milliseconds, D is the distance, in feet, from the nearest blasthole to the nearest dwelling or building in paragraph (D)(3) of this rule, and ninety is the applicable scaled distance factor.

(6) For structures not listed in paragraph (D)(3) of this rule, such as oil or gas wells, oil or gas transmission and distribution lines, high-voltage steel transmission towers, public water lines, dams, silos, and unoccupied barns and pole buildings, located outside the permit area and not owned by the permittee, a seismograph shall be used beside the nearest structure to demonstrate that the peak particle velocity did not exceed 2.0 inches per second. As an alternative to seismographic monitoring, the blast shall comply with the scaled distance equation, W = (D/40)², where W is the maximum weight of explosives, in pounds, that can be detonated within any period less than eight milliseconds, D is the distance, in feet, from the nearest blasthole to the nearest structure, and forty is the applicable scaled distance factor. A higher peak particle velocity limit may be approved for a specific structure if the permittee submits to the chief site-specific technical evidence to support the higher limit, and the chief approves a blast plan modification to that effect.

(7) Any or all of the ground vibration and airblast limits in paragraphs (D)(3), (D)(4) and (D)(6) of this rule may be waived by the current owner or controlling authority of the dwelling, building or structure, provided such waiver is in the form of a written consent, submitted to the division of mineral resources management upon application for a new permit or an amendment to add acreage to an existing permit, or with a request to modify a mining and reclamation plan, and approved by the chief.

(8) All seismographs used to prove compliance with the ground vibration and airblast limits required by this rule shall have seismic and acoustic systems with a minimum frequency range of two to two hundred fifty hertz, with accuracies that meet or exceed the performance specifications for blasting seismographs adopted by the international society of explosives engineers, "ISEE Performance Specifications for Blasting Seismographs, 2011 Edition," available as a digital download from the "International Society of Explosives Engineers" at the website www.isee.org. The ground vibration shall be measured as the particle velocity and recorded in three mutually perpendicular directions. The maximum allowable frequency-dependent particle velocity limits and peak particle velocity limits in this rule shall apply in each of the three directions of measurement. Whenever possible, the seismographic measurement shall be made within ten feet of the building or structure being monitored, on the side of the building or structure closest to the blast site.

(9) Any person who operates a seismograph for the purpose of demonstrating compliance with the ground vibration and airblast limits of this rule shall have received appropriate training, for the specific seismograph model(s) in use, in: programming the seismograph(s) to record the blast; positioning the geophone and microphone; coupling the geophone to the ground; extracting the data after the blast in digital and printed form; and understanding the results. Such training shall be received from a representative of the seismograph manufacturer or distributor, or other competent person,. A a record of such training shall be maintained by the seismograph operator or his or her employer, and made available for inspection by the chief or his or her authorized representative upon request.

(E) Blast records.

(1) The permittee shall retain a record of all blasts for at least three years, and shall make those records available for inspection upon request by the chief or an authorized representative of the chief.

(2) Where blast records are normally kept at an office of the permittee not located on the permit site, the record for each blast shall be on file at that office within five business days after the blast is detonated.

(3) Blast records shall be accurately completed at the mine site by the blaster-in-charge, and shall contain the following data for each blast:

(a) Name of the permittee and permit number;

(b) Name of the firm conducting the blast, if different from the permittee;

(c) Location, date, and time of blast;

(d) Printed name, signature, and certification number of the blaster-in-charge, and the name of each person on the blasting crew;

(e) Relative to the nearest blasthole, the identification of, distance to, direction to, and method used to determine the distance and direction to, the nearest dwelling, public or commercial building, school, church, or community or institutional building outside the permit area that is not owned by the permittee. The direction shall be stated in degrees, as an azimuth from zero to three hundred sixty degrees. The distance shall be stated in feet, as derived from an aerial photo, a topographic map, conventional field measurement devices (e.g., measuring tape or transit), or electronic devices (e.g., laser-ranging or global positioning system units);

(f) Weather conditions, including temperature and approximate wind direction and velocity;

(g) Type of material blasted;

(h) Number, diameter, and depth of holes;

(i) Depth of subdrilling, where applicable;

(j) Burden and spacing dimensions;

(k) Type, manufacturer, and amount of explosives used, including bulk, bagged, or cartridged explosives, detonating cord, primers, and surface and in-hole delay detonators;

(l) Total weight of explosives used;

(m) Weight of explosives used per hole;

(n) Maximum number of holes and maximum weight of explosives detonated within any period less than eight milliseconds;

(o) The actual scaled distance factor, expressed as the distance from the nearest blasthole to the nearest dwelling or building in paragraph (E)(3)(e) of this rule, divided by the square-root of the maximum weight of explosives detonated in any period less than eight milliseconds;

(p) Type of initiation system used, including the type of blasting machine or other power source, and the types of trunkline and downline systems, if not readily apparent from other information in the blast record;

(q) Sequential timer setting, in milliseconds, if applicable;

(r) Type and length of stemming used per hole;

(s) Sketch of the blast pattern showing all holes, delay pattern (including initiation hole, hole-to-hole and row-to-row delay detonator locations and periods, where applicable, or electronically programmed hole and deck firing times, where applicable), location of free faces and previously blasted material, and a north arrow;

(t) Sketch of a typical blasthole cross-section showing the depth and location of stemming and explosive decks, primers, and delay detonators;

(u) Mats or other special protections used;

(v) Seismographic records, when required for compliance, shall be attached to the blast record within five business days of the blast, and shall include:

(i) Make, model and serial number of the seismograph, seismic and acoustic trigger levels, and most recent annual calibration date;

(ii) Exact location of the seismograph and distance from the blast, and the date and time of the recorded blast event;

(iii) Name of the person and firm operating the seismograph;

(iv) Full waveform printout, including: three mutually perpendicular channels of ground vibration and an airblast channel; dynamic calibration results; a plot of particle velocity versus frequency with a comparison to the frequency-dependent blast vibration limits in paragraph (D)(3) of this rule, based on a half-cycle zero-crossing analysis method; and the peak particle velocity and airblast levels; and

(v) If the seismograph fails to be triggered by the blast, a printout showing the date and time the seismograph was armed and ready to record a blast and the date and time the seismograph was disarmed or shut down, or a written statement including the above information, signed by the seismograph operator and attached to the blast record; and

(w) Reasons and conditions for a late or unscheduled blast.

Last updated July 10, 2026 at 2:59 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-9-10

(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 obtained certification pursuant to the requirements of this rule.

(2) The chief may enter into agreements with other state agencies, boards, or institutions to administer any or all of the training, examination, and certification requirements of this rule. However, the final authority to accept or reject applicants for certification or recertification and the final authority to suspend or revoke a blaster's certification shall remain with the chief.

(3) The chief may grant reciprocity to any blaster who holds a valid certification or license issued under any state or federal blaster certification or license program approved by the U.S. department of the interior's office of surface mining reclamation and enforcement. However, to obtain certification under this rule, the blaster must apply for and pass an examination on Ohio blasting regulations pertaining to coal and industrial minerals mines, and meet any other requirement deemed necessary by the chief.

(4) The chief may issue a limited type of certification to blasters who conduct small-scale blasting on industrial minerals mining permits issued under Chapter 1514. of the Revised Code, but only when the blasting operations meet all of the following conditions:

(a) The primary purpose is to split natural stone deposits into rectangular blocks, or "dimension stone," for use in buildings, landscaping projects, break walls, or similar purposes;

(b) Detonating cord is the primary explosive charge in all blastholes; small-diameter cartridges, if used, occupy no more than twenty per cent of the blasthole length;

(c) The blastholes do not exceed three inches in diameter, are spaced no greater than thirty-six inches apart in a single row for each fracture plane desired, and are connected on the surface with detonating cord and no delays between the holes; and

(d) The weight of explosives per hole does not exceed five pounds, and the total weight of explosives per blast does not exceed two hundred pounds.

(B) Training. The chief shall inform certified blasters of changes in blasting rules and certification procedures, and shall ensure that courses are available to train persons responsible for the use of explosives in mining operations. The courses shall provide training and discuss practical applications of:

(1) Explosives, including:

(a) Selection of the type of explosive to be used;

(b) Determination of the properties of explosives which will produce desired results at an acceptable level of risk; and

(c) Handling, transportation, and storage.

(2) Blast designs, including:

(a) Geologic and topographic considerations;

(b) Design of a blast hole, with critical dimensions;

(c) Pattern design, field layout, and timing of blast holes; and

(d) Field applications.

(3) Loading blast holes, including priming and boostering;

(4) Initiation systems and blasting machines;

(5) Ground vibration, airblast, flyrock, and fumes, including:

(a) Monitoring techniques; and

(b) Methods to control adverse effects.

(6) Secondary blasting applications;

(7) All federal and state rules applicable to the use of explosives in coal and non-coal surface mines;

(8) Blast records;

(9) Blast Schedules;

(10) Preblasting surveys, including:

(a) Availability;

(b) Coverage; and

(c) Considerations in blast design.

(11) Blast plan requirements;

(12) Certification and training;

(13) Signs, warning signals, and site control; and

(14) Recognizing, preventing and mitigating potential hazards, including:

(a) Lightning;

(b) Stray currents;

(c) Radio waves;

(d) Misfires; and

(e) Toxic gases, including carbon monoxide and nitrogen oxides.

(C) Requirements for certification and examination.

To become a certified blaster a person must have:

(1) Received a minimum of forty hours of training covering all the topics set forth in paragraph (B) of this rule in a course taught under the supervision of the chief, or in a course, or series of courses, deemed equivalent by the chief. For a person seeking only a limited certification pursuant to paragraph (A)(4) of this rule, the chief may waive some of the required training hours and topics, such that the course or series of courses are relevant to the limited blasting conditions listed under paragraph (A)(4) of this rule;

(2) Worked on a blasting crew for at least two years in mining, excavation, or an equivalent working environment;

(3) Received direction and on-the-job training from a blaster certified or licensed in any state;

(4) Exhibited a pattern of conduct consistent with the acceptance of responsibility for blasting operations; and

(5) Passed a written examination covering, at a minimum, the topics set forth in paragraph (B) of this rule.

(a) A person seeking certification may take the examination after receiving the training required under paragraph (C)(1) of this rule and completing at least one of the two years of blasting crew work experience required under paragraph (C)(2) of this rule. However, upon passing the examination a person shall not be certified until he or she has completed all of the two-year blasting crew work experience requirement.

(b) A person seeking only a limited certification pursuant to paragraph (A)(4) of this rule shall pass a written examination covering only the topics in paragraph (B) of this rule that are relevant to the limited blasting conditions listed under paragraph (A)(4) of this rule.

(D) Certification and recertification.

(1) The chief, or an agency, board or institution authorized by the chief pursuant to paragraph (A)(2) of this rule, shall certify for three years those persons examined and found to be competent and to have the necessary experience to accept responsibility for surface blasting operations in mines. Each person approved for certification shall receive a certificate suitable for office display and a wallet-size identification card. The certificate and identification card shall include, at a minimum, the type of certification, the person's name, certification number and date of expiration, and the name and signature of the chief or of the official of the authorized agency, board or institution granting the certification.

(2) To be recertified without a lapse in certification, a blaster certified under this rule must have:

(a) Applied for recertification no more than ninety days prior to the expiration date of the blaster's current certificate; and

(b) Received a minimum of twenty-four hours of continuing education by attending blasting-related courses, seminars or conferences approved by the chief or an authorized representative, with at least eight hours obtained from an organization or person other than the blaster's employer or its parent company or explosives supplier. A blaster holding only a limited certification pursuant to paragraph (A)(4) of this rule is exempt from meeting the twenty-four-hour continuing education requirement of this paragraph, but must receive a minimum of eight hours of blasting-related training approved by the chief or an authorized representative of the chief.

(3) If a blaster certified under this rule fails to apply for recertification on, or before, the expiration date of his or her certificate, the blaster's certification shall expire, and the blaster shall have thirty days thereafter to apply for recertification without being subject to re-examination under paragraph (C) of this rule.

(E) Conditions of certification.

(1) The certificate or wallet-size identification card issued pursuant to paragraph (D)(1) of this rule, or a copy of the certificate notarized to be a true and exact copy, shall be carried by a blaster, or shall be on file at the mine permit area, during blasting operations.

(2) Upon request by an authorized representative of the chief or other regulatory authority having jurisdiction over the use of explosives, a blaster shall immediately exhibit his or her certificate or wallet-size identification card to the authorized representative.

(3) A blaster's certification shall not be assigned or transferred.

(4) A blaster shall not delegate his or her responsibility to any individual who is not a certified blaster.

(5) A certified blaster shall take every reasonable precaution to protect his or her certificate and wallet-size identification card from loss, theft, or unauthorized duplication. Any such occurrence shall be reported immediately to the chief.

(F) Suspension and revocation.

(1) Following written notice and opportunity for a hearing, the chief may, and upon a finding of willful conduct shall, suspend or revoke the certification of a blaster during the term of the certification, or take other necessary action for any of the following reasons:

(a) Noncompliance with any order of the chief, any order issued by a regulatory authority having jurisdiction over the use of explosives, or any order issued by a court of law, relative to the use of explosives;

(b) Violation of any provision of state or federal explosives laws or regulations, a blasting-related permit condition, or any condition of certification;

(c) Unlawful use in the work place of, or current addiction to, alcohol, narcotics, or other dangerous drugs;

(d) Providing false information or a misrepresentation on any application for certification or recertification;

(e) Falsification of blast records; or

(f) Conducting a blast where flyrock was cast beyond the permit boundary of any mine.

(2) If advance notice and opportunity for a hearing cannot be provided, an opportunity for a hearing shall be provided as soon as practical following suspension, revocation, or other adverse action.

(3) Upon notice of a suspension or revocation, the blaster shall immediately surrender the suspended or revoked certificate and wallet-size identification card and all copies thereof to the chief and may work on a blasting crew only under the direct supervision of a certified blaster.

(4) To repossess a suspended certificate the blaster must:

(a) Exhibit a pattern of conduct consistent with the acceptance of responsibility for blasting operations;

(b) Pass the written examination administered under paragraph (C) of this rule; and

(c) Meet any other requirements imposed by the chief under the terms of the suspension.

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-3-05 Underground water supplies.

(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 depth of four feet above the top of the mineral or coal seam., which seal shall be maintained Maintain seal until the auger hole is permanently sealed as approved in the mining and reclamation plan, provided that auger holes that are not located near the base of the highwall are not required to be sealed;

(2) Cover any acid producing materials located in the bottom of the pit and any coal seam located near the base of the highwall with non-acid producing material to a minimum depth of three feet;

(3) Seal all shafts, boreholes, wells and other openings that are intercepted during mining in such a manner that to prevent contamination of underground water supplies shall be prevented; and

(4) When an underground mine is intercepted and the operator does not intend to mine the underground works, seal the opening with compacted, impervious materials to a depth of three times the greater dimension of the opening unless otherwise approved in an amended mining and reclamation plan. Such seal shall is to be inspected and approved by the chief or his or her representative before backfilling the area.

(B) To prevent impacts of dewatering from the drilling of boreholes or test holes that have groundwater flowing to the surface, the operator shall, for any borehole or test hole that contains groundwater which is flowing to the surface, plug the borehole or test hole within thirty days of drilling to cease the flowing of groundwater to the surface.

Last updated June 25, 2025 at 6:33 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-3-06 Final slopes.

The operator shall:

(A) Grade, contour, or terrace the final slopes to a slope angle sufficient to achieve soil stability and control landslides, erosion, and sedimentation. Slopes with a slope angle of eighteen degrees or less shall be presumedare sufficient. Highwalls retained as part of the intended future use shallwill not be regarded as final slopes; and

(B) Establish diversion ditches with controlled outlets on any final slopes sufficient to achieve soil stability and control landslides, erosion, and sedimentation.

Last updated February 8, 2024 at 1:02 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-3-07 Final highwalls.

To insure public safety when highwalls are retained as part of the intended future use, the operator shall:

(A) Design the procedures to detonate explosives in a manner that the final highwall will not be fractured to an unstable condition;

(B) Stabilize any unstable final highwalls;

(1) Lime mining waste used to backfill highwalls. An angle of eighteen degrees or less, in accordance with paragraph (A) of rule 1501:14-3-06 of the Administrative Code, from the top of the highwall to the quarry floor shall be deemedis acceptable with a minimum of four feet of non-toxic earthen material covering the submerged slope, with an additional six inches of topsoil used to cap any exposed slope, then planted to a diverse vegetative cover in accordance with Chapter 1501:14-3 of the Administrative Code. An alternative plan for cover or treatment may be approved by the chief based upon a showing by the applicant that, at a minimum, the alternative plan is as effective as four feet of cover for protecting water quality and sustaining vegetative growth.

(C) Provide egress from the pit area;

(D) Restrict access to the highwall as approached from the top; and

(E) Perform other measures as are necessary to insure public safety because of the particular site conditions.

Last updated June 25, 2025 at 6:33 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-3-08 Resoiling.

To raise and maintain a diverse growth of vegetative cover capable of self-regeneration and plant succession, the operator shall comply with the following requirements and conditions:

(A) Remove and segregate topsoil or subsoil in sufficient quantities to redistribute over the surface of the affected area in accordance with paragraphs (C) and (D) of this rule;

(B) Store or stockpile the segregated topsoil or subsoil in a manner and location so that it will be protected from contamination or loss and be maintained in a condition suitable to establish and maintain a diverse vegetative cover;

(C) Resoil with topsoil or subsoil the surface of each affected area where the surface is not capable of establishing and maintaining a diverse growth of vegetation;

(D) Resoil with topsoil or subsoil to a minimum compacted depth of eight inches on any surface which contains acid producing materials, and to a compacted depth of six inches on all other surfaces required to be resoiled by paragraph (C) of this rule;

(E) If resoiling is required in accordance with paragraph (C) of this rule but topsoil and subsoil are not present on the area or are present in insufficient quantities to comply with paragraph (D) of this rule, the operator shall segregate and store in accordance with paragraphs (A), (B) and (D) of this rule, all available topsoil, available subsoil, and the substitute resoiling material as approved in the mining and reclamation plan; and

(F) Condition the surface of the affected area to be planted to establish a suitable seedbed.

Last updated December 5, 2023 at 11:31 AM

History

• Effective: October 6, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-3-09 Soil amendments.

To establish and maintain a diverse growth of permanent vegetation adequate to bind the soil and to control soil erosion and sedimentation, the operator shall:

(A) Apply lime to the surface of the area to be planted in the amounts and analyses recommended by the results of standard soil tests for acidity, consistent with the land-management objectives and the type of vegetation to be established;

(B) Apply fertilizer to the surface of the area to be planted in the amounts and analyses recommended by the results of standard soil tests, consistent with the land-management objectives and the type of vegetation to be established;

(C) Apply soil stabilizers and/or mulch where necessary to promote seed germination and where necessary for reasons of the slope length or slope angle to control erosion or sedimentation; and

(D) Apply soil amendments other than lime, fertilizer, or mulch, consistent with the requirements of paragraphs (A), (B), and (C) of this rule, as approved in the mining and reclamation plan.

Last updated December 5, 2023 at 11:31 AM

History

• Effective: October 6, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-3-10 Revegetation.

To establish a diverse permanent vegetative cover capable of self-regeneration, plant succession, and to control soil erosion, the operator shall comply with the following conditions and requirements:

(A) Permanent planting shall be completed on the surface of the affected area immediately upon the completion of any required grading or resoiling except when the grading and resoiling are completed within a season that is not suitable for planting, in which case the permanent planting shall be completed at the earliest possible time within the next appropriate planting season;

(B) The permanent planting shall contain species of perennial grasses and legumes unless otherwise required by the future intended use and approved in the mining and reclamation plan. Small grains or fast-growing annual grasses may be used to provide adequate cover to control erosion and shall later be replaced by perennial species;

(C) Trees shall be planted in the species, amounts and spacing as are consistent with the intended future use and approved in the mining and reclamation plan;

(D) The permanent vegetation shallwill be deemed to be a successful diverse vegetative cover capable of self-regeneration and plant succession if the vegetation planted in accordance with paragraph (B) of this rule has survived two growing seasons and if the permanent vegetative cover has been established and maintained in accordance with the following standards:

(1) Any individual barren areas shall not to exceed 0.3 per cent of the total affected area for which the "Request for Approval of Planting and All Other Reclamation" has been submitted;

(2) The total barren area shall not to exceed 1.0 per cent of the total affected area for which the "Request for Approval of Planting and All Other Reclamation" has been submitted;

(3) The total sparse area shall not to exceed 10 per cent of the total affected area for which the "Request for Approval of Planting and All Other Reclamation" has been submitted; and

(4) For purposes of this rule, barren area means any area with permanent vegetative cover equal to or less than 30 per cent, and sparse area means any area with permanent vegetative cover greater than 30 per cent but less than 75 per cent; and

(E) If agricultural crops required by the future intended use are planted in lieu of the permanent planting required in paragraph (B) of this rule and as approved in the mining and reclamation plan, such crops shall be raised and managed for two years in accordance with good farming practices.

Last updated February 8, 2024 at 1:02 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-3-12 Beneficial quarry fill.

Lime mining wastes as quarry fill.

Lime mining wastes may be placed in a mined out area of a quarry in order to achieve the approximate original elevation. The operator is to transport, backfill and compact where applicable to ensure stability. The reclaimed surface is to be resoiled with a minimum of four feet of non-toxic earthen material and a minimum of six inches of topsoil unless an alternative plan for cover or treatment is approved by the chief based upon a showing by the applicant that the alternative plan is as effective for protecting water quality and sustaining vegetative growth. The graded surface is to be revegetated in accordance with this chapter. All exposed slopes are to be constructed to eighteen degrees from the top of the fill to the bottom of the quarry floor with the appropriate earthen cover.

Last updated June 25, 2025 at 6:33 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-3-13 Controlled placement of lime mining wastes (LMW).

Transportation, placement, and compaction.

(A) When transporting, placing and compacting LMW, the permittee is to comply with all applicable emission controls required by Chapter 3704. of the Revised Code and the rules thereunder;

(B) LMW is to be placed in a controlled manner to prevent mass movement;

(C) The placement area is to be constructed to minimize the infiltration of water;

(D) The placement area is to be within the permit, shown as affected or proposed to be affected, and bonded;

(E) The final configuration is to be compatible with the natural drainage pattern and surroundings and suitable for intended uses;

(F) The design of the LMW placement area is to be certified by a qualified registered engineer in conformance with professional standards;

(G) The permittee shall minimize disturbances of and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable; and

(H) The placement and use of LMW shall be protective of human health and the environment and not damage public or private property.

Last updated August 6, 2025 at 10:05 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Chapter 1501:14-4 Geological Data Report; Abandonment

Ohio Adm.Code 1501:14-4-01 Geological data report.

(A) Each application for a surface mining permit shall contain a geological data report, on forms prescribed by the chief, of the results of test borings for each mining area that the operator has conducted or otherwise has readily available. The location from which the test boring results are determined shall include the complete stratigraphic column to be affected and shall be shown on all maps. More than one test boring report may be required where necessary to adequately show the stratigraphic column in the mining area. The report shall includeInclude the following information for each stratum to be affected:

(1) The thickness of each stratum of overburden, mineral or coal deposit as it occurs in its natural state, from the surface to at least five feet below the deepest level of mining;

(2) The name and geologic description of each stratum; and

(3) An identification of the strata to be produced.

(B) For those operations located in coal bearing regions of Ohio, each stratum to be excavated within the permit area, with the exception of topsoil, subsoil, limestone, and any other mineral to be produced, shall be designated as acid producing or non-acid producing. Strata designated as acid producing shall be handled in accordance with rule 1501:14-3-02 of the Administrative Code. Any strata designated as non-acid producing shall be analyzed by a competent commercial laboratory or its equivalent, as approved by the chief, for the pH and the calcium carbonate deficiency according to the following procedures:

(1) For pH: The contents of all samples shall be reduced to such size as will permit the particles of the entire sample to pass through a 250 micron sieve, size 60 ASTM. All samples shall be tested by measuring the pH of a 2:1 soil (or pulverized rock) distilled water mixture, or a saturated paste of the soil using distilled water, with a glass electrode pH meter. TheDescribe the method used shall be described on an attachment to the test boring report; and

(2) For the calcium carbonate deficiency:

(a) Sulfur content: The content of all samples shall be reduced to such size as will permit the particles of the entire sample to pass through a 250 micron sieve, size 60 ASTM,. Samples shall and be analyzed for either total sulfur content or pyritic sulfur content by standard recognized analytical methods such as ASTM International methods of analyses for total sulfur content. The website for ASTM international is http://www.astm.org.

If samples are not fractionated to provide analyses of only pyritic sulfur content, analyses showing total sulfur content will be presumed to indicate pyritic sulfur content;

(b) Neutralization potential: The contents of all samples shall be reduced to such size as will permit the particles of the entire sample to pass through a 250 micron sieve, size 60 ASTM,. Samples shall and be analyzed by standard recognized analytical methods; and

(c) Calcium carbonate deficiency: Multiply the percentage of sulfur content by 31.24 and subtract from the product the total neutralization potential expressed in units of tons per thousand tons of material.

(C) Results of tests conducted in accordance with paragraph (B) of this rule shall be submitted with the geological data report.

(D) If test borings have not been conducted or are not readily available in an area that is being or has been mined, the information required in paragraphs (A) and (B) of this rule may be determined from an existing mining face where the strata to be affected are exposed.

Last updated February 8, 2024 at 1:05 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-3-02

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 material from coming into contact with surface water, and promptly cover the acid producing refuse material with a minimum of three feet of non-acid producing material.

Last updated June 25, 2025 at 6:33 PM

History

• Effective: December 18, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-4-02 Cross sections.

A cross section or cross sections shall be submitted with the application map for each mining area to be affected. Such cross section shall that is:

(A) Be sufficientSufficient to show the proposed land form of each mining area; and

(B) Be submittedSubmitted in sufficient detail and quantity and be located in such a manner to show any significant dissimilar final land configurations in the mining area.

Last updated February 8, 2024 at 1:05 PM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-4-03 Completion dates.

The operator shall specify, on each annual report and on the final report, the date on which surface mining operations were completed, terminated, or abandoned, if any such operations were completed, terminated, or abandoned, for each area of land affected during the reporting period.

Last updated December 5, 2023 at 11:32 AM

History

• Effective: March 24, 1975
• Promulgated Under: Ch 119.

Ohio Adm.Code 1501:14-4-04 Abandoned and inactive mining areas.

(A) A mining area may be considered abandoned if the chief finds, as a result of an inspection, evidence to indicate that the permittee does not have the ability to continue the mining operation.

(B) If the chief finds evidence pursuant to paragraph (A) of this rule, the chief shallwill notify the permittee through certified mail that the mining area may be declared abandoned.

(C) The permittee may, within thirty days after receipt of notification by the chief declaring that the mining area may be declared abandoned, submit sufficient evidence to the chief that the surface mining operation on such mining area is in fact not abandoned.

(D) If the permittee fails to submit sufficient evidence in accordance with paragraph (C) of this rule, the chief shallwill issue an order declaring the mining area abandoned.

(1) If a mining area is declared to be abandoned under paragraph (D) of this rule and there has been no incidental production of coal, the permittee shall comply with the requirements of Chapter 1514. of the Revised Code.

(2) If a mining area that has been declared to be abandoned under paragraph (D) of this rule has involved the incidental production of coal, and the permittee has complied with the requirements for and conditions of exemption for coal extraction incidental to the extraction of other minerals under rule 1501:13-4-16 of the Administrative Code, the permittee shall comply with the requirements of Chapter 1514. of the Revised Code. If the permittee has failed to comply with the requirements for and conditions of exemption for coal extraction incidental to the extraction of other minerals under rule 1501:13-4-16 of the Administrative Code, the chief shallwill revoke the exemption and take enforcement in accordance with rule 1501:13-5-03 of the Administrative Code.

(E) The chief may consider a mining area inactive and not abandoned if:

(1) The permittee submits an annual report indicating that the surface mining operation is inactive; and

(2) The permittee remains in compliance with all requirements of Chapter 1514. of the Revised Code.

Last updated August 1, 2024 at 11:41 AM

History

• Effective: February 1, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-4-16

The purpose of this rule is to establish exemption criteria so that legitimate operators of industrial minerals mining operations regulated under Chapter 1514. of the Revised Code may extract coal which they encounter incidentally while recovering other minerals, without being subject to the permitting and performance standards of Chapter 1513. of the Revised Code. Continued qualification for the exemption from the requirements of Chapter 1513. of the Revised Code shall depend upon annual demonstration of maintenance of the required ratios between cumulative coal production and revenues and cumulative mineral production and revenues. Each pit or excavation site contained in a single surface mining permit may be included in a single exemption, but must individually comply with all of the requirements of this rule.

(A)

(1) This rule shall apply to the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale.

(2) Any person who plans to commence or continue coal extraction after the effective date of this rule in reliance on the incidental mining exemption shall file a complete request for exemption with the chief for each mining area. A person shall not commence coal extraction based upon the exemption until the chief approves such request, except as provided in paragraph (E)(3) of this rule.

(B) Definitions.

(1) "Cumulative measurement period" means the period of time over which both cumulative production and cumulative revenue are measured. The cumulative measurement period shall be considered to have begun:

(a) For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or other minerals commenced at that mining area or August 3, 1977; or

(b) For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date extraction of coal or other minerals commenced at that mining area, whichever is earlier.

(2) "Cumulative production" means the total tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. Coal extracted and stockpiled may be excluded from cumulative production, and other minerals extracted and stockpiled may be included in cumulative production, if the requirements of paragraph (I) of this rule are met.

(3) "Cumulative revenue" means the total revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period.

(4) "Mining area" means an individual excavation site or pit from which coal, other minerals and overburden are removed.

(5) "Other minerals" means any commercially valuable substance mined for its mineral value, excluding coal, topsoil, waste and fill material, or any material mined and used on-site in the construction of waste disposal facilities

(C) Application requirements and procedures.

(1) Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to the effective date of this rule may continue mining operations for sixty days after such effective date. Coal extraction shall not continue after such sixty-day period unless that person files an administratively complete request for exemption with the chief. If a complete request is filed within sixty days, the person may continue extracting coal in reliance on the exemption beyond the sixty-day period until the chief makes an administrative decision on such request.

(2) Additional information. The chief shall notify the person seeking exemption if the request for exemption is incomplete and may at any time require submittal of additional information.

(3) Public comment period. Written comments regarding or objections to a request for exemption may be submitted to the chief by any person having an interest which is or may be adversely affected by a decision on the request for exemption within thirty days after the publication of the newspaper notice required by paragraph (D)(9) of this rule.

(D) Contents of request for exemption. A request for exemption shall include at a minimum:

(1) The name and address of the person seeking exemption;

(2) A list of the minerals sought to be extracted;

(3) Estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining operation;

(4) Estimated annual revenues to be derived from bona fide sales of coal and other minerals to be extracted within the mining area;

(5) Where coal or the other minerals are to be used rather than sold, estimated annual fair market values at the time of projected use of the coal and other minerals to be extracted from the mining area;

(6) The basis for all annual production, revenue, and fair market value estimates;

(7) A description, including county, township if any, and boundaries of the land, of sufficient certainty that the mining areas may be located and distinguished from other mining areas;

(8) An estimate to the nearest acre of the number of acres that will compose the mining area over the anticipated life of the mining operation;

(9) Evidence of one-time publication, in a newspaper of general circulation in the county of the mining area, of a public notice that a request for exemption has been filed with the chief. The public notice must identify the person claiming the exemption, must contain a description of the proposed operation and its locality that is sufficient for interested persons to identify the operation, and must specify that comments may be submitted within thirty days to the "Division of Mineral Resources Management, 2045 Morse Road, Building H, Columbus, Ohio 43229";

(10) Representative stratigraphic cross-section(s) based on test borings or on other information identifying and showing the relative position, approximate thickness and density of the coal and each other mineral to be extracted for commercial use or sale and the relative position and thickness of the innerburden and overburden;

(11) A map of appropriate scale which clearly identifies the mining area;

(12) A general description of mining and mineral processing activities for the mining area;

(13) A summary of sales commitments and agreements for future delivery, if any, which the person seeking exemption has received for other minerals to be extracted from the mining area, or a description of potential markets for such minerals;

(14) If the other minerals are to be commercially used by the person seeking exemption, a description specifying the use;

(15) For operations having extracted coal or other minerals prior to filing a request for exemption, in addition to the information required above, the following information must also be submitted:

(a) Any relevant documents the operator has received from the chief documenting its exemption from the requirements of the Chapter 1513. of the Revised Code;

(b) The cumulative production of the coal and the cumulative production of other minerals from the mining area; and

(c) Estimated tonnages of stockpiled coal and other minerals; and

(16) Any other information pertinent to the qualification of the operation as exempt.

(E) Exemption determination.

(1) No later than ninety days after filing of a complete request for exemption, the chief shall make a written determination whether, and under what conditions, the person claiming the exemption is exempt under this rule, and shall notify the person seeking exemption and persons submitting comments on the request for exemption of the determination and the basis for the determination.

(2) The determination of exemption shall be based upon information contained in the request for exemption and any other information available to the chief at that time.

(3) If the chief fails to provide a person seeking exemption with the determination as specified in paragraph (E)(1) of this rule, such a person who has not begun may commence coal extraction pending a determination on the request for exemption unless the chief issues an interim finding, together with reasons therefor, that the person shall not begin coal extraction.

(F) Administrative review.

(1) Any person adversely affected by a determination made pursuant to paragraph (E) of this rule may request administrative review within thirty days of the notification of such determination in accordance with section 1513.13 of the Revised Code.

(2) A notice of appeal filed under section 1513.13 of the Revised Code shall not suspend the effect of a determination under paragraph (E) of this rule.

(G) Requirements for exemption.

(1) Activities are exempt from the requirements of Chapter 1513. of the Revised Code if all of the following are satisfied:

(a) The cumulative production of coal extracted from the mining area and calculated annually does not exceed sixteen and two thirds percent of the total combined cumulative production of coal and other minerals removed during the cumulative measurement period for purposes of bona fide sale or reasonable commercial use;

(b) Coal is produced from a geological stratum lying above or immediately below the deepest stratum from which other minerals are extracted for purposes of bona fide sale or reasonable commercial use. For the purposes of this paragraph, the term immediately below means that the coal to be mined shall be located not more than three feet below the lowest other mineral to be mined;

(c) The cumulative revenue derived from the coal extracted from the mining area and calculated annually shall not exceed fifty percent of the total combined cumulative revenue derived from the coal and other minerals removed for purposes of bona fide sale or reasonable commercial use. If the coal extracted or the minerals removed are used by the operator or transferred to a related entity for use instead of being sold in a bona fide sale, then the fair market value of the coal or other minerals shall be calculated at the time of use or transfer and shall be used to calculate cumulative revenue;

(d) Other minerals mined in a mining area but not in the stratigraphic column of coal removed shall not be used to calculate cumulative production under paragraph (G)(1)(a) of this rule or cumulative revenue under paragraph (G)(1)(c) of this rule; and

(e) Augering of coal is not used as a mining method, except for permits issued prior to February 29, 1988, that had approved mining plans that allowed the augering of coal.

(2) A person seeking or that has obtained an exemption from the requirements of Chapter 1513. of the Revised Code shall comply with the following:

(a) Each mineral other than coal upon which an exemption under this rule is based must be a commercially valuable mineral for which a market exists or which is mined in bona fide anticipation that a market will exist for the mineral in the reasonably foreseeable future, not to exceed twelve months from the end of the current period for which cumulative production is calculated. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate the above standard.

The initial request for exemption may be approved by the chief conditioned upon receipt, prior to the commencement of mining, of a legally binding agreement for the future sale of other minerals.

(b) If either coal or other minerals are transferred or sold by the operator to a related entity for its use or sale, the transaction must be made for legitimate business purposes.

(H) Conditions of exemption. A person extracting coal in accordance with this rule shall:

(1) Maintain on-site or at other locations available to authorized representatives of the chief and of the U.S. secretary of the interior information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the request for exemption and exemption approved by the chief;

(2) Notify the chief upon the completion of the mining operation or permanent cessation of all coal extraction activities; and

(3) Conduct operations in accordance with the approved request for exemption or, when authorized to extract coal under paragraph (C)(1) or (E)(3) of this rule prior to submittal or approval of request for exemption, in accordance with the standards of this rule.

(I) Stockpiling of minerals.

(1) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity, or use:

(a) Up to an amount equaling a twelve-month supply of the coal required for future sale, transfer or use as calculated based upon the average annual sales, transfer and use from the mining area over the two preceding years; or

(b) For a mining area where coal has been extracted for a period of less than two years, up to an amount that would represent a twelve-month supply of the coal required for future sales, transfer or use as calculated based on the average amount of coal sold, transferred or used each month.

(2) Minerals other than coal.

(a) The chief shall disallow all or part of an operator's tonnages of stockpiled other minerals for purposes of meeting the requirements of this rule if:

(i) The operator fails to maintain adequate and verifiable records of:

(a) The mining area of origin; or

(b) The disposition of stockpiles; or;

(ii) The disposition of the stockpiles indicates the lack of commercial use or market for the minerals.

(b) The chief may only allow an operator to utilize tonnages of stockpiled other minerals for purposes of meeting the requirements of this rule if:

(i) The stockpiling is necessary to meet market conditions or is consistent with generally accepted industry practices; and

(ii) Except as provided in paragraph (I)(2)(c) of this rule, the stockpiled other minerals do not exceed a twelve-month supply of the mineral required for future sales as relied upon by the chief in the approved request for exemption.

(c) The chief may allow an operator to utilize tonnages of stockpiled other minerals beyond the twelve-month limit established in paragraph (I)(2)(b) of this rule if the operator can demonstrate to the chief's satisfaction that the additional tonnage is required to meet future business obligations of the operator, such as may be demonstrated by a legally binding agreement for future delivery of the minerals.

(d) The chief may periodically revise the other mineral stockpile tonnage limits in accordance with the criteria established by paragraphs (I)(2)(b) and (I)(2)(c) of this rule based on additional information available to the chief.

(J) Public availability of information.

(1) Except as provided in paragraph (J)(2) of this rule, all information submitted to the chief under this rule shall be made available in accordance with section 149.43 of the Revised Code for public inspection and copying at the district office nearest the mining operation claiming exemption until at least three years after expiration of the period during which the subject mining area is active.

(2)

(a) The chief may keep information submitted under this rule confidential if:

(i) The person submitting it requests in writing, at the time of submission, that it be kept confidential; and

(ii) The information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of the person intending to conduct operations under this rule.

(b) Information requested to be held as confidential under paragraph (J)(2)(a) of this rule shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.

(K) Reporting requirements.

(1) Following approval by the chief of an exemption for a mining area, the person receiving the exemption shall, for each mining area, file a written report annually with the chief, on a form provided by the chief, containing the information specified in paragraph (K)(4) of this rule.

(2) For purposes of the report, the cumulative measurement period defined in paragraph (B)(1) of this rule shall end on the anniversary of the date of issuance of the surface mining permit required under Chapter 1514. of the Revised Code. The report shall be filed no later than thirty days after each anniversary date of issuance of the surface mining permit.

(3) The information in the report shall cover:

(a) Annual production of coal and other minerals and annual revenue derived from coal and other minerals during the preceding twelve-month period; and

(b) The cumulative production of coal and other minerals and the cumulative revenue derived from coal and other minerals.

(4) The report shall specify for each mining area, over both the preceding twelve-month period and the cumulative measurement period:

(a) The number of tons of extracted coal sold in bona fide sales and total revenue derived from such sales;

(b) The number of tons of coal extracted and used by the operator or transferred to or used by a related entity and the estimated total fair market value of such coal;

(c) The number of tons of coal stockpiled;

(d) The number of tons of other commercially valuable minerals extracted and sold in bona fide sales and total revenue derived from such sales;

(e) The number of tons of other commercially valuable minerals extracted and used by the operator or transferred to or used by a related entity and the estimated total fair market value of such minerals; and

(f) The number of tons of other commercially valuable minerals extracted and stockpiled by the operator.

(5) The report shall include projections for each mining area of the anticipated production of coal and of other minerals in the upcoming twelve-month period.

(6) The report shall be accompanied by documentation that a market will exist in the upcoming twelve-month period for each mineral other than coal on which the exemption is based. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate this standard.

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 1501:13-5-03

(A) The chief shall conduct an annual review of compliance with each exemption for coal extraction incidental to the extraction of other minerals approved under rule 1501:13-4-16 of the Administrative Code. The chief shall utilize the annual report submitted in accordance with paragraph (K) of rule 1501:13-4-16 of the Administrative Code, information obtained during an on-site inspection, and any other information available to the chief.

(B) If the chief has reason to believe that a specific mining area was not exempt from the requirements of Chapter 1513. of the Revised Code under the provisions of rule 1501:13-4-16 of the Administrative Code at the end of the previous reporting period, is not exempt, or will be unable to satisfy the exemption criteria at the end of the current reporting period, the chief shall notify the operator that the exemption may be revoked and the reason(s) therefore. The exemption shall be revoked unless the operator demonstrates to the chief within thirty days that the mining area in question should continue to be exempt.

(C)

(1) If the chief finds that an operator has not demonstrated that activities conducted in the mining area qualify for the exemption from the requirements of Chapter 1513. of the Revised Code for incidental coal extraction under rule 1501:13-4-16 of the Administrative Code, the chief shall revoke the exemption and immediately notify the operator by order of the chief. If a decision is made not to revoke an exemption, the chief shall immediately notify the operator. The chief shall also immediately notify any person who submitted written comments in accordance with paragraph (C)(3) of rule 1501:13-4-16 of the Administrative Code, regarding the request for exemption, of the decision to revoke or not to revoke the exemption.

(2) Any adversely affected person may request administrative review of a decision whether to revoke an exemption within thirty days of the notification of such decision in accordance with section 1513.13 of the Revised Code.

(3) A notice of appeal filed under section 1513.13 of the Revised Code shall not suspend the effect of a decision whether to revoke an exemption.

(D) Direct enforcement.

(1) Protection from enforcement of coal mining and reclamation standards for operators mining in accordance with an approved exemption.

An operator mining in accordance with the terms of an approved exemption from the requirements of Chapter 1513. of the Revised Code for incidental coal extraction under rule 1501:13-4-16 of the Administrative Code shall not be cited for violations of Chapter 1513. of the Revised Code or these rules which occurred prior to the revocation of the exemption.

(2) Enforcement against operators in violation of an approved exemption.

An operator who does not conduct activities in accordance with the terms of an approved exemption and knows or should know such activities are not in accordance with the approved exemption shall be subject to direct enforcement action for violations of Chapter 1513. of the Revised Code which occur during the period of such activities.

(3) Operator responsibilities upon revocation of an exemption or denial of an exemption.

Upon revocation of an exemption or denial of an exemption application, an operator shall stop conducting surface coal mining operations until a permit to conduct coal mining operations is obtained and shall comply with the reclamation standards of Chapter 1513. of the Revised Code and these rules with regard to conditions, areas and activities existing at the time of revocation or denial.

Last updated January 18, 2024 at 11:41 AM

History

• Effective: January 1, 1993
• Promulgated Under: Ch 119.

Chapter 1501:14-5 Surface Water Mining Projects that May Result in Dewatering

Ohio Adm.Code 1501:14-5-01 Hydrology.

Except as provided in paragraph (C) of this rule, the following are to be included in each application for a permit that proposes to dewater :

(A) A hydrologic map consisting of a single map using the most recent USGS 7.5 minute topographic maps at a scale of 1:24,000 as a base or other approved format showing all of the following:

(1) The proposed permit area;

(2) A line identifying the area encompassing a four mile radius from the boundary of the proposed permit area, to be known as the hydrologic study area;

(3) The location of the cross-sections required under paragraph (B)(5) of this rule;

(4) The location of the selected water supply wells identified in paragraph (B)(4)(a) of this rule and other water sources used for domestic, agricultural, or industrial use including an assigned identification number; and

(5) Any well, well field, reservoir, river, water source used for a public water supply or facility registered under section 1521.16 of the Revised Code on or within the hydrologic study area.

(6) Additional information within or beyond the hydrologic study area be shown on the map if such identification is necessary based on site-specific conditions.

(B) A hydrogeologic description in sufficient detail to determine the hydrologic cone of depression for the proposed operation, which:

(1) Includes a general statement of the geology within the proposed permit and hydrologic study area down to and including the deeper of either the first stratigraphic unit below the lowest mineral deposit to be mined or any aquifer below the lowest mineral deposit to be mined. Additionally, the areal and structural geology of the permit and hydrologic study area, and other parameters which may affect the occurrence, availability, movement, quantity, and quality of potentially affected ground waters are to be included. The general statement will be based on information available to the applicant from test borings, core drillings, well logs, and geologic literature and practices.

(2) Contains information available in the public domain related to the ground water hydrology for the proposed permit and hydrologic study area, including, at a minimum:

(a) The elevation and the horizontal extent of the aquifer(s), intervening lithology, and overburden;

(b) The lithology and thickness of the aquifer(s);

(c) Known uses of the water in the aquifer(s);

(d) The elevation of water in the mineral deposit(s), and each water-bearing stratum above and below the mineral deposit;

(e) The transmissivity of the aquifer(s);

(f) The storativity of the aquifer(s);

(g) The hydraulic conductivity of the aquifer(s);

(h) The specific yield of unconfined aquifer(s);

(i) The location and elevation of any existing dewatering sumps (including state plane coordinates and North American datum (NAD) year); and

(j) The rate of discharge of any currently registered water withdrawals shown pursuant to paragraph (A)(5) of this rule.

(3) Includes a listing of the published information and data used in preparation of the items in paragraphs (B)(1) and (B)(2) of this rule, and copies of the unpublished records and data used in preparation of these items including, but not limited to, core descriptions, cutting descriptions, stratigraphic descriptions, and pump or slug test records.

(4) Contains a water supply inventory, representing all aquifers submitted in a format prescribed by the chief including, at a minimum:

(a) A listing of water sources in the proposed permit and hydrologic study area as shown pursuant to paragraphs (A)(4) and (A)(5) of this rule. The representative water sources selected are to include recently drilled wells, represent all aquifers and producing zones within the aquifers, and reflect a uniform geographical distribution of wells within the study area. The inventory information also includes: all of the existing water wells if there are fewer than one hundred wells or, if there are more than one hundred wells within the study area, one hundred wells plus twenty-five per cent of those wells in excess of one hundred but not more than a total of three hundred. For each water well, include a list of the following:

(i) Map identification number assigned under paragraph (A)(4) of this rule;

(ii) Ohio department of natural resources, division of water resources number assigned to the log form filed under section 1521.05 of the Revised Code;

(iii) Township;

(iv) Year drilled;

(v) State plane coordinates (including NAD year);

(vi) Surface elevation of the well (feet);

(vii) Total depth of the well in feet below the land surface;

(viii) Depth to bedrock (feet);

(ix) Description of unconsolidated material;

(x) Static water level of the well in feet below the land surface;

(xi) Casing length (feet);

(xii) Lithology of the screen interval/open borehole;

(xiii) Length of any well screen (feet);

(xiv) Test rate (gallons per minute);

(xv) Duration of test; and

(xvi) Drawdown (feet);

(b) A listing of the location and type of any public water supply sources on the permit and within the hydrologic study area; and

(c) A copy of the division of water resources well logs for the selected wells.

(d) An applicant may, prior to submission of an application, request in writing, a reduction of the number and/or extent of the submittals set forth in paragraph (B)(4) of this rule. The request may be granted only if the chief makes a written determination that this reduction will not diminish the level of accuracy in the ground water model. If there is a disagreement as to the amount or extent of the water resources information necessary, the chief will consult with the chief of the division of water resources prior to determining the final extent of data necessary. If the chief grants a reduction, the written request and determination are to be submitted with the permit application.

(5) Contains a minimum of two perpendicular hydrogeologic cross-sections of the same scale for the study area based on available information which at a minimum:

(a) Are of uniform horizontal scale;

(b) Are of uniform vertical scale;

(c) Depict the information set forth in paragraphs (B)(2)(a), (B)(2)(b), (B)(2)(d), and (B)(2)(i) of this rule;

(d) Intersect the center of the proposed operation; and

(e) Include the data points used to construct the cross section.

(6) Where information to be included in the water supply inventory of paragraph (B)(4) of this rule is unobtainable, the application is to include a statement to that effect giving the reasons therefor.

(C) Ground water model submitted by the applicant.

An applicant for a permit may choose to submit a ground water model with their application that defines the projected cone of depression for the proposed operation, accurately reflects the ground water flow conditions associated with the hydrologic study area, and is consistent with ASTM international standards. The website for ASTM international is http://www.astm.org/. Detailed explanations of the hydrologic and geologic parameters used to construct the model are to be included in the submission and model results submitted in a format prescribed by the chief.

A ground water model submitted to the chief is to be a three-dimensional ground water flow model utilizing finite difference modeling software such as MODFLOW. MODFLOW is available from the U.S. geological survey at the website http://water.usgs.gov/nrp/gwsoftware/modflow.html. An applicant may request the chief to accept a two-dimensional ground water flow model using finite difference software, provided the chief determines, based on written justification submitted with the request, that the model will accurately represent the ground water flow in the hydrologic study area.

(D) Staging of the projected cone of depression.

(1) An applicant for a permit may request the chief to establish the projected cone of depression in stages to reflect the development of the dewatering operations over the life of the proposed permit. Such staged cone of depression will reflect a maximum of four vertical or horizontal sump locations within the proposed permit area. For each stage, the applicant is to identify the sump location and elevation and the part of the permit to be dewatered.

(2) If the applicant submits a staged ground water model under paragraph (C) of this rule, the projected cones of depression are to be depicted on the map(s) submitted under paragraph (A) of this rule. The responsibility for water replacement within the cone of depression provided in division (B) of section 1514.13 of the Revised Code will be based on the cones of depression established by the chief at the time of permit issuance. For the purposes of division (B) of section 1514.13 of the Revised Code, where horizontal staging of the cone of depression is accepted for a proposed permit area, the cone of depression applied to water replacement responsibilities will be based on the cumulative boundary of the cones of depression of the permit area affected at the time of the complaint.

(3) If the projected cone of depression is staged, the applicant is to identify the exact location, elevation, and pumping rate of the dewatering sump(s) for the surface mining operation on each annual map submitted under section 1514.03 of the Revised Code. The applicant is to notify the chief in writing at least sixty days prior to altering the horizontal or vertical location of the dewatering sump.

(E) For applications that include a ground water model submitted under paragraph (C) of this rule and meet all other permit requirements of Chapter 1514. of the Revised Code, the chief may issue a surface mining permit conditioned on final review and approval of the ground water model, provided the applicant submits a ground water model pursuant to paragraph (C) of this rule that also contains a preliminary regulatory ten-foot cone of depression map based upon guidelines established by the chief. The permittee shall comply with the final cone of depression as established by the chief.

Last updated June 27, 2024 at 9:37 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-5-02 Alternative water supply information.

(A) An applicant for a permit or an amendment that will be dewatering shall submit, as part of the application, an analysis of the availability and suitability of alternative water supply sources that will be utilized to fulfill the water supply replacement provisions of section 1514.13 of the Revised Code.

(B) The absence of suitable replacement water supply sources will be grounds for denial of an application for a permit or amendment as provided in division (B) of section 1514.02 of the Revised Code.

Last updated December 5, 2023 at 11:32 AM

History

• Effective: April 15, 2004
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-5-03 Water Supply Replacement.

(A) For the purposes of section 1514.13 of the Revised Code, unless otherwise determined by the chief, water replacement provisions shall be applicable within the geographic area defined by the ten foot contour line of the cone of depression established under rule 1501:14-5-01 of the Administrative Code. The chief may, however, designate a different contour line based upon water resource availability, seasonal variations, other water users in the hydrologic study area as well as other ground water data available.

Last updated December 5, 2023 at 11:32 AM

History

• Effective: April 15, 2004
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-5-04 Watercourse variances.

The chief may grant a variance to affect areas within fifty feet of the highwater mark on each bank of a watercourse that drains a surface area of greater than twenty-five square miles but fewer than one hundred square miles for surface excavations and/or surface mining activities pursuant to divisions (E)(3) and (F)(3) of section 1514.10 of the Revised Code using the following procedure and standard of review.

(A) Variance requests are to be submitted on forms prescribed by the chief and include, at a minimum:

(1) A description of the activities proposed to be conducted within the variance area and the duration of the proposed activities;

(2) The name of the watercourse and the distance to the highwater mark of the watercourse from the variance area where the proposed activities would be conducted;

(3) An explanation of why it is necessary to conduct the proposed activities within the variance area;

(4) An explanation of alternatives to the proposed activities that were considered;

(5) A description of the physical conditions in and around the watercourse;

(6) Plans, drawings and design details necessary to reflect any temporary or permanent relocation or restoration of the watercourse;

(7) Plans for the reclamation of areas proposed to be affected within the variance area; and

(8) Plans describing the measures to be employed to protect unaffected portions of the watercourse and surrounding areas.

(B) The chief will grant a variance for surface excavations and/or surface mining activities upon a written finding that the activities, measures, and reclamation proposed will be sufficient to prevent damage to the watercourse and/or surrounding area.

(C) If an applicant for a variance has also obtained an individual state or federal permit pursuant to the Clean Water Act under section 401 ("section 401 permit") or section 404 ("section 404 permit") in conjunction with the requested variance activity, the chief will presume that the measures set forth in those permits are sufficient to prevent damage to the watercourse and/or surrounding area.

(D) For dates of federal rules and federal laws referenced in this rule, see rule 1501:14-1-16 of the Administrative Code.

Last updated June 26, 2025 at 3:40 AM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-1-16

(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 can generally be found in public libraries or electronically at the website govinfo.gov/. These regulations are:

(1) 30 C.F.R. 50.2.

(2) 30 C.F.R. parts 56 and 58, as amended.

(3) 40 C.F.R. parts 122, 123, and 136, as amended.

(B) The federal laws listed in these rules are those published in the 2018 edition of the United States Code (U.S.C.), dated January 14, 2019, as supplemented in 2021, effective January 5, 2023. These laws can generally be found in public libraries or electronically at the website govinfo.gov/. These laws are:

(1) Section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., as amended.

(2) The Clean Water Act, 33 U.S.C. 1251 et seq., as amended.

(3) The Rivers and Harbors Act of 1899, 33 U.S.C. 403, as amended.

Last updated June 27, 2024 at 9:18 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Chapter 1501:14-6 Lime Mining Wastes

Ohio Adm.Code 1501:14-6-01 Permit application requirements for the beneficial use of lime mining wastes (LMW) within an industrial minerals permit.

(A) General requirements.

(1) This rule applies only to industrial mineral mining operations where calcined lime mining wastes (LMW) will be incorporated in final reclamation as a beneficial use and are in addition to requirements of sections 1514.02 and 1514.021 of the Revised Code.

(2) An application for a surface mining permit which will utilize LMW is deemed complete when it is received by the chief, unless the application fails to contain all substantial information required by Chapter 1514. of the Revised Code and the rules adopted pursuant thereto.

(3) Each application is to describe and identify the lands subject to industrial mineral mining, the estimated life of those operations, and the size, sequence, and timing of the mining and reclamation and also contain the total acreage in which LMW will be utilized and a narrative with scientific support of that beneficial use.

(4) This rule does not authorize the use of LMW to create a new structure that rises above the approximate original elevation of the existing permit or amended area. New LMW placements are to be within a quarry excavation, unless approved as a soil amendment. The chief may grant a variance to this provision for new lime facilities for discreet and temporary beneficial applications such as visual barriers, berms or other uses. Temporary beneficial applications will be for no more than five years unless extended by the chief based upon a demonstration by the permittee that more time is justified. When the chief terminates the temporary designation, the temporary storage sites are to be removed and used for the approved permanent beneficial use within one year. A longer time may be approved by the chief based upon a demonstration by the permittee. The affected acreage is to be permitted and bonded.

(5) New beneficial uses of LMW that began after October 8, 2001 will be characterized as a significant permit or a significant amendment to a permit and shall follow the requirements of this rule.

(B) Description and characterization of LMW proposed for beneficial use. For all proposed beneficial uses of LMW, the applicant is to identify and describe the LMW according to paragraph (B)(1) of this rule and characterize the LMW using the parameters in paragraph (B)(2) of this rule.

(1) Identification and description. The applicant is to provide the following to identify and describe the LMW:

(a) Generating process and facility site location;

(b) Types of LMW;

(c) Combustion process and fuel used;

(d) Amount of LMW to be used annually; and

(e) Mixing of types of LMW including weighted averages.

(2) Characterization.

(a) Characterization data for a proposed new LMW processing facility. The applicant is to provide representative waste characterization data for the parameters listed in paragraph (B)(3) of this rule from a similar processing facility that uses similar raw materials, combustion processes and fuel, and analyze the LMW to confirm or revise the waste characterization data within six months of start-up of the facility.

(b) Characterization for all proposed beneficial uses of LMW. The applicant is to analyze and characterize the LMW by conducting leachate analysis for the parameters listed in paragraph (B)(3) of this rule utilizing the USEPA method 1311, USEPA method 1312 or ASTM D3987-12 method. The ASTM international method is to be used for analysis of fluoride, chloride, sulfate, total dissolved solids, acidity, alkalinity, and pH. The website for ASTM international is http://www.astm.org. USEPA methods 1311 and 1312 can be found in the U.S. environmental protection agency's publication SW-846, entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is available at the website https://www.epa.gov/hw-sw846/sw-846-compendium. As an alternative, the applicant may collect and characterize representative in-situ leachate samples from the LMW and analyze the samples for the parameters listed in paragraph (B)(3) of this rule. Additional parameters or an alternate parameter list may be necessary to be analyzed at the discretion of the chief. The initial method chosen for each parameter is to be used in all subsequent sample analysis unless the chief approves an alternative method. The chief may approve another applicable EPA or approved test method provided the applicant requests, in writing, the use of such test method prior to submittal of the analysis.

(c) Annual characterization data for all permitted beneficial uses of LMW. The permittee is to submit to the chief annual representative waste data. All annual waste characterization samples are to be analyzed for the parameters listed in paragraph (B)(3) of this rule or an alternate parameter list approved by the chief. For a lime processing facility, the applicant is to analyze the LMW on an annual basis and whenever there are significant changes in the raw materials or combustion processes that are likely to impact characterization as determined by the chief.

(3) The following parameters are to be analyzed in accordance with the procedures described in paragraph (B)(2) of this rule:

(a) Acidity;

(b) Alkalinity;

(c) Arsenic;

(d) Barium;

(e) Cadmium;

(f) Chloride;

(g) Chromium;

(h) Copper;

(i) Fluoride;

(j) Iron;

(k) Lead;

(l) Manganese;

(m) Mercury;

(n) pH;

(o) Selenium;

(p) Sulfates;

(q) Total dissolved solids;

(r) Zinc;

(s) Beryllium (analysis necessary only if plant's fuel includes shredded tires);

(t) Total organic carbon (analysis necessary only if plant's fuel includes shredded tires);

(u) Silver; and

(v) Additional parameters that may be directed to be analyzed at the discretion of the chief.

(4) Additional direction for agronomic use. For LMW proposed for agronomic use within the permit area, the applicant is to analyze and characterize the LMW by conducting analysis pursuant to paragraph (B)(2) of this rule for the parameters of paragraph (B)(3) of this rule and for the following additional parameters:

(a) pH;

(b) Soluble salts;

(c) Phosphorus;

(d) Potassium;

(e) Calcium;

(f) CEC (cation exchange capacity); and

(g) Boron.

(5) Additional direction for use as a low permeability material. For LMW proposed to be used as a low permeability material, the applicant is to analyze and characterize the LMW by conducting analysis pursuant to paragraph (B)(2) of this rule for the parameters of paragraph (B)(3) of this rule and also:

(a) Indicate the hydraulic conductivity in centimeters per second or feet per day. Indicate the method used to obtain the conductivity, and attach the appropriate laboratory reports;

(b) Describe the necessary volume, thickness (if layered), and areal extent of the LMW material;

(c) Submit or reference appropriately engineered designs and plans for the low-permeability project; and

(d) Submit a grain size distribution analysis for the LMW material.

(C) Description of hydrology and geology; general requirements.

Each application that will include LMW as a beneficial use as part of the reclamation is to contain a description of surface and ground water within the general area, and any water that will flow into or receive discharges of water from the permit area and any LMW beneficial use area proposed to be amended to the permit. The description is to be prepared in the manner set forth in paragraphs (D) to (G) of this rule, and conform to the following:

(1) Provided to the chief information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed LMW beneficial use area and within the general area. The permit will not be approved by the chief until this information is made available in the application and deemed acceptable; and

(2) As a substitute for the background data set forth in paragraphs (D) to (F) of this rule, each application for a LMW beneficial use site on an existing operation already under permit under Chapter 1514. of the Revised Code on October 8, 2001, is to propose a plan for the collection of background data and information that is representative of the site's hydrological and geological characteristics prior to mining. The permit will not be approved by the chief until this information is made available in the application and deemed acceptable.

(D) Geology description.

(1) Each application is to include geologic information in sufficient detail to assist in determining the probable impact of the operation upon the quality and quantity of surface and ground water in the permit and surrounding areas, including the extent to which surface and ground water monitoring is necessary; and whether the utilization of LMW as a component of the proposed reclamation has been designed to protect human health and the environment.

(2) The description is to include a general statement of the geology within the proposed permit area and surrounding areas down to and including an identification of the deepest aquifer below the lowest elevation of the industrial mineral to be mined. Also, in the description, include how the areal and structural geology may affect the occurrence, availability, movement, quantity, and quality of potentially affected surface and ground waters. It shall be based on:

(a) The cross sections, maps and plans set forth in paragraph (K) of this rule;

(b) The information obtained from test borings under paragraph (D)(3) of this rule; and

(c) Other sources approved by the chief based upon site-specific conditions.

(3) Each application for a permit is to contain the results of test borings conducted on the area of land to be mined, when requested. Test borings or core samples for the proposed LMW beneficial use area are to be collected and analyzed down to and including the stratum below the elevation of the industrial mineral to be mined. Individual drilling reports are to be furnished for each test boring or core sampling and shall contain the location of subsurface water if encountered.

(E) Ground water information.

(1) The application is to contain a description of the ground water hydrology for the proposed permit and surrounding areas and the proposed LMW beneficial use area, including, at a minimum:

(a) The depth below the surface and the horizontal extent of the confined and unconfined aquifers;

(b) The lithology and thickness of the aquifers;

(c) Known uses of the water and locations of existing water supply wells within one thousand feet of the proposed beneficial use area;

(d) The quality of subsurface water, if encountered;

(e) The depth to the water in the mineral deposit if the deposit is a water-bearing stratum, and each water-bearing stratum above and below the potentially affected water-bearing stratum;

(f) The approximate rate of discharge or usage of the water and the existing groundwater flow conditions in the water bearing unit(s) in the area of the surface mining operation. For a new LMW beneficial use involving surface mining operations for which a cone of depression was established as directed by division (A) of section 1514.13 of the Revised Code, the applicant is to include a description of the cone of depression that was generated; and

(g) The approximate regional potentiometric surface and regional flow paths of water bearing unit(s) in the area prior to the start of the surface mining operations.

(2) The application is to contain a water supply inventory to include, at a minimum:

(a) A list of existing water wells and public water supply wells on the proposed permit and surrounding areas within one thousand feet of the proposed LMW beneficial use area to describe the quality and quantity of the ground water. The chief may specify a greater distance based upon site-specific characteristics. Information is to include:

(i) Identification number of the well;

(ii) Surface elevation of the well in feet above mean sea level;

(iii) Depth of the well in feet below the land surface;

(iv) Static water level of the well in feet below the land surface;

(v) The lithology of the aquifer in which each well is developed; and

(vi) Name of the owner of the well.

(3) If any of the information set forth in the water supply inventory of paragraph (E)(2)(a) of this rule is unobtainable, the applicant is to submit a statement to that effect, giving the reasons therefor.

(4) The application is to contain the results of background water quality analyses and measurements of static water level or discharge of a representative number of monitoring points on the permit and surrounding areas.

(a) Wells chosen for analysis and measurement are to, as a group, represent all known aquifers present in the permit and surrounding areas and shall, wherever possible, be those nearest to or on the proposed beneficial use area.

(b) Sampling for water quality analysis is to be conducted at a minimum one time prior to submission of an application for a permit or modification of a permit that utilizes LMW. For the purpose of ground water monitoring, at least six months of background water quality data is to be collected prior to implementation of the post-reclamation ground water monitoring plan. This background ground water quality data is to be established in accordance with procedures contained in the post-reclamation ground water monitoring plan set forth under paragraph (G)(2) of this rule.

(c) The measurement of static water level or discharge is to be conducted for each well identified in paragraph (E)(4)(a) of this rule at a minimum one time prior to submission of an application for a permit or modification of a permit.

(d) Water samples collected at the sites prescribed in this rule are to be analyzed for the following parameters according to the methodology specified in 40 C.F.R. part 136:

(i) Acidity;

(ii) Alkalinity;

(iii) Arsenic;

(iv) Barium;

(v) Cadmium;

(vi) Chloride;

(vii) Chromium;

(viii) Copper;

(ix) Fluoride;

(x) Iron;

(xi) Lead;

(xii) Manganese;

(xiii) Mercury;

(xiv) PH;

(xv) Selenium;

(xvi) Silver;

(xvii) Sulfates;

(xviii) Total dissolved solids;

(xix) Zinc;

(xx) Beryllium (analysis necessary only if plant's fuel includes shredded tires);

(xxi) Total organic carbon (analysis necessary only if plant's fuel includes shredded tires); and

(xxii) Additional parameters that may be necessary to be analyzed at the discretion of the chief.

(5) Water quality and quantity data sufficient to identify seasonal variations are to be submitted with an application for a permit.

(6) The chief will provide a form on which results of water quality analyses and measurements prescribed in this rule are to be reported.

(F) Surface water information.

(1) In and within one thousand feet of the existing or proposed permit area, including the proposed LMW beneficial use area and surrounding areas, all surface water bodies are to be described. Surface water bodies that will receive discharges from the operation or whose water will come in contact with water from the operation are to be sampled. The surface water to be sampled are to include the receiving stream, waterway, or water body if such surface water is present. The description is to include the name of any watershed that will receive water discharges, the name, ownership and location of all surface-water bodies and the known uses of the water in these water bodies.

(2) Water samples collected under this rule are to be analyzed according to the methodology specified in 40 C.F.R. part 136.

(a) Surface water information includes the following water quality data in order to identify the characteristics of surface waters within the existing or proposed permit area, including the proposed LMW beneficial use area and surrounding areas:

(i) Acidity;

(ii) Alkalinity;

(iii) Arsenic;

(iv) Barium;

(v) Cadmium;

(vi) Chromium;

(vii) Cooper;

(viii) Fluoride;

(ix) Iron;

(x) Lead;

(xi) Manganese;

(xii) Mercury;

(xiii) PH;

(xiv) Selenium;

(xv) Silver;

(xvi) Sulfates;

(xvii) Total dissolved solids;

(xviii) Zinc;

(xix) Beryllium (analysis necessary only if plant's fuel includes shredded tires);

(xx) Total organic carbon (analysis necessary only if plant's fuel includes shredded tires); and

(xxi) Additional parameters that may be necessary to be analyzed at the discretion of the chief.

(3) Water quality and quantity data sufficient to identify seasonal variations is to be submitted with an application for a permit.

(4) The chief will provide a form on which results of water quality analyses and measurements prescribed in this rule are to be reported.

(G) Ground water and surface water monitoring plans.

The applicant is to prepare and submit ground water and surface water monitoring plans as described in this paragraph. Specifically, during the active operational monitoring period, the ground water and surface water monitoring plans as described in paragraphs (G)(1) and (G)(3) of this rule will be implemented. During the five-year post-reclamation monitoring period, the ground water and surface water monitoring plans as described in paragraphs (G)(2) and (G)(4) of this rule will be implemented.

(1) Ground water monitoring plan during active operation.

If the ground water flow conditions, as set forth in paragraph (E)(1)(f) of this rule, demonstrate that the existing or proposed LMW beneficial use area lies or will lie within the surface mine's cone of depression, the applicant is to submit a ground water monitoring plan that is capable of demonstrating the impact of the LMW on water within the cone of depression during the active operational period. Additional monitoring may be necessary if determined to be warranted by the chief. The plan, at a minimum, is to include:

(a) A sufficient number of observation points to demonstrate that ground water beneath and within the immediate vicinity of the LMW beneficial use area is being captured by the dewatering system for the surface mine;

(b) The collection of water level measurements on a quarterly basis, or an alternate schedule that is approved by the chief based upon a suitable justification by the applicant; and

(c) The ground water level information is to be submitted to the chief, in a manner prescribed by the chief, within fifteen days following the end of the quarter in which the ground water levels were measured.

(2) Ground water monitoring plan during the post-reclamation period.

The application is to include a post-reclamation ground water monitoring plan that is based upon the information as set forth under paragraph (E) of this rule and upon the analysis of all baseline hydrologic, geological and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved post-mined land uses and for protection of human health and the environment as set forth in this rule. The ground water quality monitoring plan is to be maintained a minimum of five years after reclamation.

(a) At a minimum, the monitoring parameters are to include:

(i) Alkalinity;

(ii) Chloride;

(iii) Lead;

(iv) Sulfate;

(v) Total dissolved solids; and

(vi) Additional parameters that the chief may direct to be monitored based upon the waste characterization or leachate analysis and the background sampling of ground water. A comparison of leachate and background results to thirty times primary or secondary maximum contaminant level standards, and other geologic and hydrologic information will determine the specific ground water quality indicator parameters to be included in the ground water monitoring plan during the post-reclamation period.

(b) Ground water sampling frequency is to occur quarterly. The chief may direct more frequent sampling based on site-specific conditions. The chief may approve less frequent sampling based upon a suitable justification by the applicant.

(c) Also included in the post-reclamation ground water monitoring plan shall also include:

(i) A description of and rationale for the monitoring points;

(ii) The procedures for collecting representative ground water samples;

(iii) The procedures used for the collection of the background water quality data;

(iv) A description of how the representative ground water quality will be evaluated to determine the LMW is not causing impacts to human health and the environment; and

(v) The quality assurance/quality control procedures to be used to verify that the results are representative of the ground water quality.

(d) The data resulting from post-reclamation ground water monitoring is to be submitted to the chief, in a manner prescribed by the chief, within fifteen days following the end of the quarter in which the sample was collected and analyzed.

(e) The five-year post-reclamation monitoring period is to be initiated after the ground water levels have stabilized following the cessation of dewatering activities. The stabilization of ground water levels are to be determined by collection of water level measurements from the monitoring points used in the operational ground water monitoring plan. The operator is to notify the chief, in writing, that the ground water levels have stabilized thirty days prior to implementing the five-year post-reclamation monitoring plan for ground water. The bond for the LMW beneficial use area will be held until the five-year post-reclamation monitoring period has been completed, and the applicant demonstrates water quality will protect human health and the environment.

(3) Surface water monitoring plan during active operation.

(a) The application is to include a surface water monitoring plan based upon the analysis of the hydrologic, geologic and other information in the permit application. The plan is to, in accordance with a schedule approved by the chief, provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved post-mined land uses and for protection of human health and the environment as well as the effluent limitations set forth in 40 C.F.R.

(b) The plan is to identify the surface water quantity and quality parameters to be monitored, sampling frequency and site locations. During the period of active operation, samples are to be collected from the sump or the outfall on a quarterly basis. The chief may direct more frequent sampling based on site-specific conditions. The chief may approve less frequent sampling based upon a suitable justification by the applicant. The active operational surface water monitoring plan is to describe how the data may be used to determine the impacts upon the hydrologic systems during the active operational monitoring period and the five-year post-reclamation monitoring period. The surface water monitoring plan is to include:

(i) A description of and rationale for monitoring locations for the active operational monitoring period;

(ii) A list of parameters to be monitored during the active operational monitoring period including, at a minimum:

(a) Alkalinity;

(b) Chloride;

(c) Lead;

(d) Sulfate; and

(e) Total dissolved solids;

(iii) During active operation, the point source discharge(s) are to be monitored in accordance with 40 C.F.R. parts 122 and 123, and in accordance with the "National Pollutant Discharge Elimination System" permitting authority;

(iv) If the chief determines it is necessary, additional surface water parameters will be monitored based on a comparison of waste characterization or leachate results to background sampling results, surface water quality standards, and other geologic and hydrologic information to determine the specific water quality parameters to be included in the surface water monitoring plan implemented during the active operational monitoring period and during the five-year post-reclamation monitoring period. If prescribed by the chief, additional monitoring parameters beyond those set forth in paragraph (G)(3)(b)(ii) of this rule will be analyzed on a quarterly basis;

(v) A description of how the representative surface water quality data will be evaluated to determine the LMW is not causing impacts to human health and the environment; and

(vi) A schedule providing for the data resulting from this monitoring to be submitted to the chief, in a manner prescribed by the chief, within fifteen days following the end of the quarter in which the sample was collected and analyzed.

(4) Surface water monitoring plan during the post-reclamation monitoring period.

(a) The application is to include a post-reclamation monitoring plan based upon the analysis of the hydrologic, geologic, and other information in the permit application, providing for the monitoring of parameters that relate to the suitability of the surface water for current and approved post-mined land uses and for protection of human health and the environment.

(b) The plan is to, on a quarterly basis, identify the surface water quality parameters to be monitored, sampling locations and frequency unless the chief increases the frequency based upon site-specific conditions or decreases the frequency based upon a suitable justification by the applicant. The collected data and the surface water monitoring plan are to address potential impacts upon the hydrologic systems during the active operational monitoring period and the five-year post-reclamation monitoring period. The surface water monitoring plan is to include:

(i) A description of and rationale for monitoring locations for the post-reclamation monitoring period;

(ii) A list of parameters to be monitored during the five-year post-reclamation monitoring period including, at a minimum:

(a) Alkalinity;

(b) Chloride;

(c) Lead;

(d) Sulfate; and

(e) Total dissolved solids;

(iii) If the chief determines it is necessary, additional surface water parameters will be monitored based on a comparison of waste characterization or leachate results to background sampling results, surface water quality standards, and other geologic and hydrologic information to determine the specific water quality parameters to be included in the surface water monitoring plan implemented during the active operational monitoring period and the five-year post-reclamation monitoring period. If prescribed by the chief, additional monitoring parameters beyond those set forth in paragraph (G)(4)(b)(ii) of this rule will be analyzed on a quarterly basis;

(iv) For the surface water monitoring plan, the five-year post-reclamation monitoring period will be initiated after the dewatering activities have ceased and after surface water is in contact with the beneficially used LMW. During this monitoring period, the list of additional parameters, if prescribed by the chief, will be used to evaluate surface water quality;

(v) A description of how the representative surface water quality data will be evaluated to determine the LMW are not causing impacts to human health and the environment; and

(vi) The data resulting from this monitoring is to be submitted to the chief, in a manner prescribed by the chief, within fifteen days following the end of the quarter in which the sample was collected and analyzed.

(H) Alternative water supply information and corrective action plan.

The application is to identify the extent to which the proposed LMW beneficial use may result in contamination of a source of water that is used for domestic or other legitimate use. If contamination may result, the description is to contain information on corrective action to be taken, including the suitability of alternative water sources.

(I) Supplemental information.

If the determination of the probable hydrologic impacts indicates that adverse impacts on or off the proposed permit area may occur to the human health or the environment, information supplemental to that as set forth in paragraphs (D) to (F) of this rule is to be provided to evaluate such probable hydrologic impacts and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydro- geologic analysis of the water-bearing strata, flood flows, or analyses of other water quality or quantity characteristics.

(J) Land-use information.

The LMW beneficial use application is to contain a plan of mining and reclamation which describes the proposed land uses within the permit and any LMW beneficial use area proposed to be amended to the permit, including plans for covering and capping the LMW.

(K) Maps: general requirements.

The permit application or amendment application is to include an application map or amendment map prepared by or under the direction of and certified by an engineer or a surveyor or jointly by an engineer and a surveyor, to the extent such joint certification is necessary under state law. The map(s) are to comply with the standards set forth in Chapter 1514. of Revised Code and division 1501:14 of the Administrative Code and in addition shall contain:

(1) The locations of water supply intakes for current users of surface water flowing into, out of, and within one thousand feet beyond the LMW beneficial use permit area, those surface waters which will receive discharges from affected areas in the proposed permit area or amended area, and the locations of any discharges to any surface body of water on or adjacent to the land to be affected. A greater distance may be directed by the chief based upon site-specific factors which result in a determination by the chief that impacts beyond one thousand feet may occur;

(2) Any land within the proposed permit area or amended area which is within the boundaries of any units of the national system of trails or the wild and scenic rivers system, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act or study rivers or study river corridors as established in any guidelines pursuant to that act;

(3) The names, locations, and directions of flow of all perennial and intermittent streams within the permit area or amended area and within five hundred feet of the permit area or amended area;

(4) The name of the drainage basin in which the permit area or amended area is located as listed in the "Gazetteer of Ohio Streams," published by the Ohio department of natural resources;

(5) The drainage control system to include the location of:

(a) Each sediment control structure, discharge point and, if applicable, the OEPA pond identification number;

(b) Any diversions; and

(c) Any treatment facilities;

(6) The location or proposed location of LMW incorporated in final reclamation;

(7) Elevations and locations of test borings and core samplings;

(8) Location and extent of subsurface water, if encountered, within the proposed permit area or amended area;

(9) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit area or amended area;

(10) Location and extent of existing areas of spoil piles, LMW, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area or amended area;

(11) The location and start and end points of all submitted cross-sections. The applicant is to provide at least one transverse cross section and one longitudinal cross section showing elevation, final profile, saturated zone, drainage away from and reclaimed surface profiles of the LMW beneficial use area; and

(12) Sufficient slope measurements, in degrees, to adequately represent the existing land surface configuration and final land configuration of the proposed permit area or amended area.

(L) LMW beneficial use operations and reclamation plans.

The applicant is to provide maps, plans, cross-sections and a beneficial use narrative. The documents will explain how the LMW will be stored, transported, placed, compacted, sloped, capped, resoiled and planted with a diverse vegetative cover. The documents will also include the final location within the proposed permit area and amended area.

(M) For dates of federal rules and federal laws referenced in this rule, see rule 1501:14-1-16 of the Administrative Code.

Last updated June 25, 2025 at 6:23 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-1-16

(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 can generally be found in public libraries or electronically at the website govinfo.gov/. These regulations are:

(1) 30 C.F.R. 50.2.

(2) 30 C.F.R. parts 56 and 58, as amended.

(3) 40 C.F.R. parts 122, 123, and 136, as amended.

(B) The federal laws listed in these rules are those published in the 2018 edition of the United States Code (U.S.C.), dated January 14, 2019, as supplemented in 2021, effective January 5, 2023. These laws can generally be found in public libraries or electronically at the website govinfo.gov/. These laws are:

(1) Section 5(a) of the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., as amended.

(2) The Clean Water Act, 33 U.S.C. 1251 et seq., as amended.

(3) The Rivers and Harbors Act of 1899, 33 U.S.C. 403, as amended.

Last updated June 27, 2024 at 9:18 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 1501:14-6-02 Distance limitations on the placement of lime mining wastes (LMW).

(A) LMW is not to be applied as a soil additive within one hundred feet of an intermittent or perennial stream or wetland. This distance may be increased for an exceptionally high value stream or wetland.

(B) LMW is not to be placed within five hundred feet upstream of an existing legitimately used surface source intake or within three hundred feet of an existing legitimately used water well supply or within three hundred feet of an existing developed groundwater spring. For a pre-existing LMW site which is closer than these distances on October 8, 2001, the permittee is to provide a demonstration that the lesser distance will not have an adverse impact upon human health or the environment.

(C) LMW is not to be placed within three hundred feet of an occupied dwelling unless the owner provides a written waiver, except for pre-existing LMW sites which are closer to dwellings than three hundred feet on October 8, 2001, are exempt from this requirement.

(D) The distance limitations in paragraphs (A) to (C) of this rule apply to all placement of lime mining wastes, unless otherwise approved by the chief.

Last updated June 25, 2025 at 6:33 PM

History

• Effective: June 27, 2024
• Promulgated Under: 119.03