§ 1514.01 Other surface mining definitions
§ 1514.011 Authority of division of mineral resources management
§ 1514.02 Surface or in-stream mining permit – application contents
§ 1514.021 Application for renewal of permit or renewal permit
§ 1514.022 Submitting application and advertisement
§ 1514.023 Zoning resolutions or ordinances
§ 1514.024 Agreement for road improvement
§ 1514.03 Annual report
§ 1514.04 Filing surety bond or equivalent
§ 1514.05 Request for inspection at completion of phase of reclamation
§ 1514.051 Forfeiture of performance bond – priority lien
§ 1514.06 Funds to reclaim land affected by surface or in-stream mining that the operator has failed to reclaim
§ 1514.07 Order of chief to be in writing
§ 1514.071 Civil penalty in addition to other penalties
§ 1514.072 Civil action to compel compliance with order
§ 1514.08 Administrative rules for permits and reclamation
§ 1514.081 Administrative rules establishing standards and requirements for beneficial use of lime mining wastes and monitoring of ground water
§ 1514.09 Representation on commission for appeals
§ 1514.10 Prohibited acts
§ 1514.11 Use of moneys in mining regulation and safety fund
§ 1514.12 Use of explosives
§ 1514.13 Establishing projected cone of depression for surface mining operation that may result in dewatering
§ 1514.30 Interstate mining compact – interstate mining commission
§ 1514.301 Identifying state agency for whose benefit real property is acquired
§ 1514.32 Copies of bylaws and amendments filed with secretary of state
§ 1514.40 Adoption of safety rules
§ 1514.41 Inspections by the Chief
§ 1514.42 Safety audit where mine safety training requested
§ 1514.43 Enforcement of rule-based safety standards
§ 1514.44 Order to abate dangerous condition or practice
§ 1514.45 Annual safety performance evaluation
§ 1514.46 Mine safety training at request of operator
§ 1514.47 Certified mine forepersons; 30 CFR part 56 examinations
§ 1514.50 Right of entry to perform inspections or reclamation
§ 1514.99 Penalty

Terms Used In Ohio Code > Chapter 1514 - Other Surface Mining

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Area of land affected: means the area of land that has been excavated, or upon which a spoil bank exists, or both. See Ohio Code 1514.01
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bond: includes an undertaking. See Ohio Code 1.02
  • 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. See Ohio Code 1514.01
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Cone of depression: means a depression or low point in the water table or potentiometric surface of a body of ground water that develops around a location from which ground water is being withdrawn. See Ohio Code 1514.01
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dewatering: means the withdrawal of ground water from an aquifer or saturated zone that 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. See Ohio Code 1514.01
  • Donor: The person who makes a gift.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ground water: means all water occurring in an aquifer. See Ohio Code 1514.01
  • in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
  • in-stream mining operation: means all of the premises, facilities, and equipment used in the process of removing minerals by in-stream mining from a mining area. See Ohio Code 1514.01
  • In-stream mining: means all or any part of a process followed in the production of minerals from the bottom of the channel of a watercourse that drains a surface area of more than one hundred square miles. See Ohio Code 1514.01
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Minerals: means sand, gravel, clay, shale, gypsum, halite, limestone, dolomite, sandstone, other stone, metalliferous or nonmetalliferous ore, or other material or substance of commercial value excavated in a solid state from natural deposits on or in the earth, but does not include coal or peat. See Ohio Code 1514.01
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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. See Ohio Code 1514.01
  • Overburden: means all of the earth and other materials that cover a natural deposit of minerals and also means such earth and other materials after removal from their natural state in the process of surface mining. See Ohio Code 1514.01
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Performance bond: means the surety bond required to be filed under section 1514. See Ohio Code 1514.01
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Personal property: All property that is not real property.
  • Property: means real and personal property. See Ohio Code 1.59
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rule: includes regulation. See Ohio Code 1.59
  • Spoil bank: means a pile of removed overburden. See Ohio Code 1514.01
  • state: means the state of Ohio. See Ohio Code 1.59
  • Statute: A law passed by a legislature.
  • 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 require reclamation practices consistent with the requirements of this chapter; 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. See Ohio Code 1514.01
  • surface mining operation: means all of the premises, facilities, and equipment used in the process of removing minerals, or minerals and incidental coal, by surface mining from a mining area in the creation of which mining area overburden or minerals, or minerals and incidental coal, are disturbed or removed, such surface mining area being located upon a single tract of land or upon two or more contiguous tracts of land. See Ohio Code 1514.01
  • United States: includes all the states. See Ohio Code 1.59
  • Watercourse: means any naturally occurring perennial or intermittent stream, river, or creek flowing within a defined stream bed and banks. See Ohio Code 1514.01
  • Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02