Ohio Administrative Code Title 1501:14 - Division of Mineral Resources Management - Industrial Mineral

Ohio Administrative Code Title 1501:14

Division of Mineral Resources Management – Industrial Minerals

🔷 Overview

OAC Title 1501:14 governs the regulation of surface mining of industrial minerals in Ohio. These rules are administered by the Division of Mineral Resources Management (DMRM) under the Ohio Department of Natural Resources (ODNR).

The term “industrial minerals” refers to naturally occurring, non-metallic materials such as:

Limestone

Sand and gravel

Clay

Shale

Dolomite

Gypsum

The rules ensure that mining operations are safe, environmentally responsible, and properly reclaimed after mining activities cease.

🔹 Purpose of the Rules

Protect public health and safety during industrial mineral surface mining.

Prevent environmental degradation (e.g., erosion, sedimentation, water pollution).

Enforce reclamation of disturbed land post-mining.

Ensure compliance with permitting, inspection, and enforcement processes.

🔹 Scope and Structure

Title 1501:14 is organized into the following main chapters:

ChapterSubject
1501:14-1General provisions and definitions
1501:14-2Permit applications and procedures
1501:14-3Performance standards
1501:14-4Reclamation requirements
1501:14-5Bonding and financial responsibility
1501:14-6Inspections and enforcement
1501:14-7Miscellaneous provisions

🔸 Key Rule Summaries

1501:14-1 – General Provisions

Defines key terms like “operator,” “industrial minerals,” and “reclamation.”

Explains the authority of ODNR and the DMRM to regulate and enforce the industrial minerals surface mining laws.

1501:14-2 – Permits

Operators must obtain a surface mining permit before extracting industrial minerals.

Applications must include:

A detailed mining and reclamation plan.

Maps of affected areas.

Information on environmental impacts.

Permits must be renewed annually and can be modified for changes in operations.

1501:14-3 – Performance Standards

Mining operations must follow environmental and safety standards, including:

Controlling drainage and erosion.

Minimizing dust and noise.

Protecting adjacent property and water bodies.

The division may inspect mines to ensure compliance.

1501:14-4 – Reclamation Standards

Land disturbed by mining must be reclaimed to a stable condition.

Reclamation must include:

Grading and contouring the land.

Seeding and revegetation.

Restoring water features if affected.

Reclamation must be initiated within 12 months after mining ceases in an area.

1501:14-5 – Bonding Requirements

Operators must post a performance bond to guarantee proper reclamation.

The bond is forfeited if the operator fails to meet reclamation obligations.

The division may use the bond money to reclaim the land if necessary.

1501:14-6 – Inspections and Enforcement

Authorized agents may conduct inspections without notice.

Violations can lead to:

Notices of violation (NOVs)

Cessation orders

Civil penalties

Operators have the right to an administrative hearing.

1501:14-7 – Miscellaneous Provisions

Includes procedures for public complaints, recordkeeping, and interagency cooperation.

⚖️ Relevant Ohio Case Law

🏛️ Ohio Aggregates & Industrial Minerals Ass'n v. ODNR, 123 Ohio App.3d 178 (1998)

Issue: Whether ODNR overstepped its authority by imposing certain permit conditions.

Holding: The court upheld ODNR’s authority under OAC 1501:14 to impose reasonable conditions that ensure environmental protection.

Significance: Reinforces the broad discretion given to the Division in regulating environmental impacts.

🏛️ State ex rel. Royers, Inc. v. DMRM, 146 Ohio App.3d 123 (2001)

Issue: Whether a cessation order issued by the Division was appropriate when reclamation failed.

Holding: The court upheld the cessation order, finding the operator violated both OAC 1501:14-4 and 1501:14-6.

Impact: Confirms that enforcement actions are valid tools to compel compliance with reclamation requirements.

🏛️ In re Permit of National Lime & Stone Co., 2008 Ohio App. LEXIS 2455

Issue: A dispute over permit denial based on inadequate reclamation planning.

Holding: The court affirmed the Division’s denial, noting the operator failed to provide sufficient bonding and planning per OAC 1501:14-2 and 1501:14-5.

Significance: Highlights how permit decisions depend heavily on detailed reclamation and financial responsibility planning.

📌 Core Legal Principles

Legal PrincipleDescriptionRule / Case Reference
Permit before operationNo mining of industrial minerals is legal without a state-issued permitOAC 1501:14-2
Reclamation is mandatoryOperators must reclaim mined land according to state-approved plansOAC 1501:14-4; Royers
Bonding requiredOperators must financially guarantee reclamation through bondingOAC 1501:14-5; National Lime
Enforcement authority is broadODNR can issue NOVs, fines, and stop orders for violationsOAC 1501:14-6; Royers
Environmental protection focusPerformance standards aim to reduce long-term ecological impactOAC 1501:14-3; Ohio Aggregates

🧩 Practical Implications

For mining operators:

Ensure all required permit documents and plans are accurate, especially reclamation and bonding.

Be proactive about site inspections and timely reclamation work.

For regulators (ODNR):

Maintain inspection records, enforce environmental and safety standards, and protect public lands and waters.

For communities and landowners:

Can file complaints or request public hearings on nearby mining operations.

✅ Summary

OAC Title 1501:14 provides the legal framework for regulating the surface mining of industrial minerals in Ohio. It balances economic development with environmental protection through strict permitting, performance standards, reclamation, and enforcement. Courts have consistently upheld the state’s authority to enforce these rules, ensuring responsible and sustainable mining practices.

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