1501:13-4-09 General map requirements.  

  • Text Box: ACTION: To Be Refiled Text Box: DATE: 07/28/2010 8:04 AM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Department of Natural Resources

    Agency Name

     

    Division of Mineral Resources Management-Coal

    Mike Shelton

    Division                                                                  Contact

    2045 Morse Road Bldg. D-3 Columbus OH 43229-6693

    614-265-6891        614-261-9601

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

    1501:13-4-09

    Rule Number

    AMENDMENT

    TYPE of rule filing

    Rule Title/Tag Line              General map requirements.

    RULE SUMMARY

    1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

    2.  Are you proposing this rule as a result of recent legislation? No

    3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

    4.  Statute(s) authorizing agency to adopt the rule: 1513.02

    5.  Statute(s) the rule, as filed, amplifies or implements: 1513.07

    6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

    To comply with Ohio's five-year-review requirement pursuant to Ohio Revised Code section 119.032, and to make clarifications and corrections.

    7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

    This rule contains the general requirements for maps and drawings required under

    Ohio's coal mining and reclamation program.

    The Division of Mineral Resources Management has fully reviewed this rule consistent with ORC 119.032 and has determined that the following revisions are needed:

    Introductory paragraph. New provision to clarify that acreage figures shall be reported or estimated to the nearest 1/10th of an acre.

    (A)(5) and (D)(7). Conjunctions added.

    (C). Split into two subparagraphs. The language that used to be in (C) has been moved to (C)(1). (C)(1) has also been revised to remove engineers, so as to clarify that the certification of maps under (C)(1) is limited to surveyors. Paragraph (C)(2) has been added to explain when a professional engineer must sign and seal a map. These provisions align with the requirements of Chapter 4733. of the Revised Code, which establishes standards for registered professional engineers and registered professional surveyors.

    8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

    121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

    This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

    9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

    This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

    10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

    Not Applicable.

    11.  If revising or refiling this rule, identify changes made from the previously

    filed version of this rule; if none, please state so:

    Not Applicable.

    12. 119.032 Rule Review Date: 6/11/2010

    (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

    NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

    FISCAL ANALYSIS

    13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

    This will have no impact on revenues or expenditures. 0

    The amendments proposed in this rule consist of minor changes and corrections and will therefore have no fiscal impact on the agency during the current biennium.

    14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

    Not Applicable.

    15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

    The amendments proposed in this rule filing will impose no cost of compliance upon any directly affected persons. All coal mining and reclamation operations that have already been complying with the requirements of Chapter 4733. of the Revised Code with regard to engineers and surveyors will experience no cost of compliance with this rule because (C) of this rule is simply being revised to correctly state those requirements.

    16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

    17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes

    You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 of the 121st General Assembly.

    Text Box: ACTION: To Be Refiled                                                                                                                                              Text Box: DATE: 07/28/2010 8:04 AM

    Page E-1                                                                                Rule Number: 1501:13-4-09

    Environmental Rule Adoption/Amendment Form

    Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall:

    (1)    Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment.

    (2)   Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment.

    (3)  Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whether the proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart.

    (4)   Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

    (A)  Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted ? Yes

    Please list each contact.

    U.S. Office of Surface Mining Ohio Coal Association

    Ohio Environmental Council

    (B)  Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or amendment considered ? Yes

    Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.)

    U.S. Code of Federal Regulations, Title 30, Chapter VII, Parts 777, 779, and 783.

    Page E-2                                                                                Rule Number: 1501:13-4-09

    Ohio Revised Code Section 1513.07 and Chapter 4733.

    (C)  Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program ? Yes

    Is the proposed rule or rule amendment more stringent than its federal counterpart ? No

    (D)  If this is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No

    Not Applicable

Document Information

File Date:
2010-07-28
Five Year Review:
Yes
CSI:
Yes
Rule File:
1501$13-4-09_PH_TBR_A_RU_20100728_0804.pdf
RSFA File:
1501$13-4-09_PH_TBR_A_RS_20100728_0804.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 1501:13-4-09. General map requirements