Senator Koehler Votes Against Mining Bill

COLUMBUS—State Senator Kyle Koehler (R-Springfield) voted against Senate Bill 181 in the Senate on May 13th which passed with a vote of 29-2. The legislation, in part, relaxes permitting regulations on the surface mining of limestone in Ohio.

This is not a new issue for Koehler who has been vocal about the mining industry since the beginning of his legislative career in the Ohio House.

"Senate Bill 181 is the aggregate industries' attempt to change the law so they will NEVER lose a court case again," said Senator Koehler. "The bill dealing with underground mining makes changes to surface mining regulations, allowing unlimited amounts of land to be added to a permit as long as it is ANYWHERE in a township, even if it is not adjacent."

The small community of Enon, located in Senator Koehler's district, has fought against a quarry that was permitted over 50 years ago. Sitting dormant for many years, the owners of the permitted land continued to purchase additional plots, growing the operation from a small parcel used for gravel to over 400 acres, which they claim can be attached to the original permit that only initially included 10-20 acres. 

Now decades later, home developments with values at over $700k discovered that an entire 400 acres is to become a 120-foot deep limestone quarry within 100 feet of their property lines. They were told that as the walls of the quarry were blasted, their land would be de-watered and their wells would run dry. They fought both the zoning board and ODNR, only to find out that a lawsuit was their only answer.

The homeowners won their battle at the county level. Then they had to fight an appeal and won. Finally, the mining operation owners brought the case to the Ohio Supreme Court and the citizens won again.

"This bill leaves the decision for mining up to five unelected zoning board members to decide if someone permitted to mine in the corner of one township can mine on land that may be 5 to 10 miles away," Senator Koehler remarked. "It is my opinion that Senate Bill 181 was drafted specifically to allow surface mining to never again lose a battle in the courts that expands a permit anywhere in Ohio. I hope to have the opportunity as the bill goes over to the Ohio House to remove the changes that overturn the Ohio Supreme Court's just decision in favor of the citizens of the 10th Senate District."

The bill now heads to the Ohio House for further consideration. The bill's progress can be followed here.