1501:13-13-06. Coal preparation plants and support facilities not located at or near the mine site or not within the permit area for a mine

(A) Applicability. Each person who operates a coal preparation plant or support facility in connection with a coal mine but not located within the permit area for a specific mine shall obtain a permit in accordance with paragraph (I) of rule 1501:13-4-12 of the Administrative Code, obtain performance security in accordance with section 1513.08 of the Revised Code and these rules, and operate the plant or support facility in accordance with these rules.

(B) Performance standards. Construction, operation, maintenance, modification, reclamation, and removal activities at operations covered by this rule shall comply with the following:

(1) Signs and markers for the coal preparation plant, coal mine waste disposal area, and water treatment facilities shall comply with rule 1501:13-9-01 of the Administrative Code;

(2) Roads, transport, and associated structures shall be constructed, maintained, and reclaimed in accordance with rules 1501:13-10-01, 1501:13-11-01 and 1501:13-11-02 of the Administrative Code;

(3) Any stream or channel diversion shall comply with paragraph (F) of rule 1501:13-9-04 of the Administrative Code;

(4) Any disturbed area related to the coal preparation plant or support facilities shall have sediment control structures, in compliance with paragraphs (D) and (G) of rule 1501:13-9-04 of the Administrative Code and all discharges from these areas shall meet the requirements of paragraphs (A) and (B) of rule 1501:13-9-04 of the Administrative Code and any other applicable state or federal law;

(5) Permanent impoundments associated with coal preparation plants shall meet the requirements of paragraphs (H) and (R) of rule 1501:13-9-04 of the Administrative Code. Dams constructed of or impounding coal mine waste shall comply with rule 1501:13-9-09 of the Administrative Code;

(6) Use of water wells shall comply with paragraph (O) of rule 1501:13-9-04 of the Administrative Code and water rights shall be protected in accordance with paragraph (P) of rule 1501:13-9-04 of the Administrative Code;

(7) Disposal of coal mine waste, solid waste, and any excavated materials shall comply with the requirements of rules 1501:13-9-09 and 1501:13-9-07 of the Administrative Code;

(8) Discharge structures for diversions and sediment control structures shall comply with paragraph (I) of rule 1501:13-9-04 of the Administrative Code;

(9) Fish, wildlife and related environmental values shall be protected in accordance with rule 1501:13-9-11 of the Administrative Code;

(10) Slide areas and other surface areas shall comply with rule 1501:13-9-12 of the Administrative Code;

(11) Adverse effects upon or resulting from nearby underground coal mining operations shall be minimized by appropriate measures including, but not limited to, compliance with paragraph (Q) of rule 1501:13-9-04 of the Administrative Code and rule 1501:13-9-08 of the Administrative Code;

(12) Conveyors, buildings, storage bins or stockpiles, water treatment facilities, water storage facilities, and any structure or system related to the coal preparation plant shall comply with rules 1501:13-9-01 to 1501:13-9-17, 1501:13-10-01, 1501:13-11-01 and 1501:13-11-02 of the Administrative Code;

(13) Any coal preparation plant or support structures located on prime farmland shall meet the requirements of rule 1501:13-13-03 of the Administrative Code;

(14) All exposed surface areas shall be protected and stabilized to control erosion and air pollution attendant to erosion effectively; and

(15) Reclamation shall follow proper topsoil handling, backfilling and grading, revegetation, and postmining land use procedures in accordance with these rules.

Five Year Review (FYR) Dates: 9/11/2020 and 09/11/2025
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 08/16/1982 (Emer.), 10/27/1982, 10/01/1988, 01/01/1993, 04/30/2009

Prior History: (Five Year Review (FYR) Dates: 11/02/2015 and 11/02/2020
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.16
Prior Effective Dates: 8/16/82 (Emer.), 10/27/82, 10/1/88, 1/1/93, 4/30/09)