1501:14-1-05. Permit transfers

(A) Transfer of permit rights.

(1) Any person seeking to succeed by transfer to the rights granted by a permit shall submit an application for a transfer of a surface mining permit. Such application shall be on forms prescribed by the chief and shall include 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) The chief shall, upon the basis of the applicant's compliance with the requirement of paragraph (A)(1) of this rule, 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 shall 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 shall 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 shall issue an order granting the transfer of the permit applied for.

Five Year Review (FYR) Dates: 9/11/2020 and 09/11/2025
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.02
Prior Effective Dates: 07/28/2005, 05/15/2015

Prior History: (Effective: 5/15/2015
Five Year Review (FYR) Dates: 02/26/2015 and 05/15/2020
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.02
Prior Effective Dates: 07/28/05)