Ohio Administrative Code Title 1501:13 - Division of Mineral Resources Management - Coal
Ohio Administrative Code – Title 1501:13
Division of Mineral Resources Management – Coal
Overview
OAC Title 1501:13 governs the regulation, permitting, environmental control, and reclamation of coal mining operations in Ohio. It is administered by the Division of Mineral Resources Management (DMRM), which is part of the Ohio Department of Natural Resources (ODNR).
This chapter is the state’s implementation of the federal Surface Mining Control and Reclamation Act (SMCRA) and is designed to balance the extraction of coal resources with the protection of the environment and public health.
Legal Authority
Ohio Revised Code (ORC) Chapter 1513 provides the statutory foundation.
Title 1501:13 implements these statutes through administrative rules that carry the force of law.
The DMRM is empowered to issue permits, inspect mining operations, enforce reclamation standards, and levy penalties for violations.
Structure and Key Components of OAC 1501:13
1. Permitting of Coal Mining Operations
Operators must obtain a permit to mine from the Division before engaging in surface or underground coal mining.
Permit applications must include:
Detailed mining and reclamation plans.
Hydrologic and geologic data.
Public notices and proof of applicant qualifications.
The Division evaluates the environmental impact, proximity to water bodies, and land use before issuing a permit.
📌 Related Rule Sections: 1501:13-4-01 through 1501:13-4-16
2. Environmental Performance Standards
Operators must comply with environmental standards that include:
Erosion and sediment control.
Stream buffer zones.
Groundwater protection.
Air quality and blasting regulations.
Specific limits are imposed on how land, vegetation, and hydrology can be disturbed.
📌 Related Rule Sections: 1501:13-9-01 through 1501:13-9-15
3. Reclamation Requirements
After mining, companies are legally required to restore the land to its approximate original contour or another approved use.
Reclamation includes:
Soil replacement and stabilization.
Reseeding and replanting.
Long-term monitoring.
Bonds are posted to ensure reclamation is completed.
📌 Related Rule Sections: 1501:13-7-01 through 1501:13-7-06
4. Inspections and Enforcement
The Division conducts routine and complaint-driven inspections of mining sites.
Violations may result in:
Notices of violation (NOVs).
Cessation orders.
Civil penalties.
Permit revocations.
Operators have rights to administrative hearings and judicial review.
📌 Related Rule Sections: 1501:13-14-01 through 1501:13-14-03
5. Protection of Water Resources
Special rules govern mining near:
Streams and rivers.
Wetlands.
Groundwater aquifers.
Operators must monitor and mitigate impacts to surface and groundwater.
📌 Related Rule Sections: 1501:13-9-04, 1501:13-9-07, and 1501:13-11-01
6. Public Participation and Hearings
Public notice must be given before permit issuance.
Affected parties (e.g., landowners or environmental groups) can file:
Objections.
Requests for informal conferences.
Appeals to the Reclamation Commission.
📌 Related Rule Sections: 1501:13-4-03, 1501:13-14-02
Relevant Ohio Case Law
🧑⚖️ 1. Oxford Mining Co. v. Division of Mineral Resources Management
Ohio Court of Appeals, 2014
Issue: Challenge to the denial of a surface mining permit based on inadequate hydrologic data.
Ruling: The court upheld the Division’s denial, finding the company failed to provide sufficient data to ensure the protection of nearby water bodies.
Significance: Validates the Division’s authority to require detailed and site-specific environmental data in the permitting process under OAC 1501:13-4-15.
🧑⚖️ 2. Ohio Valley Coal Co. v. ODNR, Division of Mineral Resources Mgmt.
Ohio Supreme Court, 2006
Issue: Dispute over a cessation order issued after subsidence damaged a surface structure.
Ruling: The Court upheld the cessation order, stating the Division had acted within its authority under OAC 1501:13-14-01 to prevent imminent danger.
Significance: Affirms the Division’s broad discretion to act in emergencies and issue enforcement orders.
🧑⚖️ 3. Citizens Against Strip Mining v. ODNR
Franklin County Court of Common Pleas, 2009
Issue: Public interest group challenged the issuance of a permit near a recreational area.
Ruling: The court sided with the Division, finding that the agency followed public notice and hearing procedures outlined in OAC 1501:13-4-03.
Significance: Demonstrates the sufficiency of OAC procedures in satisfying public participation and environmental review requirements.
Key Legal Principles from Rules and Case Law
| Legal Principle | Application in OAC 1501:13 | Case Example |
|---|---|---|
| Permit Denial for Insufficient Data | Division can deny permits without adequate hydrologic plans. | Oxford Mining Co. v. DMRM |
| Authority to Issue Cessation Orders | Division may halt operations posing danger to life/property. | Ohio Valley Coal Co. v. ODNR |
| Public Participation in Permitting | Notice, hearings, and appeals must follow procedural rules. | Citizens Against Strip Mining v. ODNR |
| Mandatory Reclamation Obligations | Operators must restore land post-mining or forfeit bonds. | Supported across all enforcement actions |
| Environmental Protection Standards | Water, soil, air, and vegetation must be protected during mining. | Embedded in performance standards |
Conclusion
OAC Title 1501:13 represents a detailed and comprehensive regulatory framework that balances Ohio’s coal production with the need to protect public health, the environment, and property. It includes strict permitting rules, environmental performance standards, enforcement tools, and procedures for public involvement.
Ohio courts have consistently upheld the authority of the Division of Mineral Resources Management to interpret and enforce these rules, especially where public safety or environmental protection is involved.
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