As Re-reported by the Senate Energy, Natural Resources and Environment Committee

124th General Assembly
Regular Session
2001-2002
Sub. H. B. No. 338


REPRESENTATIVES Core, Calvert, Sullivan, Allen, Webster, Husted, Lendrum, Kearns, Hollister, Kilbane, Fedor, Perry, Hagan, Reinhard, Manning, Damschroder, Grendell, Niehaus, Clancy, Collier, Faber, Wolpert, Flowers, Carmichael, Latta, Olman, Schaffer, Evans, Peterson, Setzer, Jolivette, Schmidt, Roman, Redfern, Coates, Aslanides, Flannery, Fessler, Salerno



A BILL
To amend sections 305.31, 317.08, 1515.02, 1515.15,1
1515.22, 1515.24, and 3737.882 and to repeal2
sections 1515.25, 1515.26, and 1515.27 of the3
Revised Code to authorize referendums on4
assessments levied for improvements of soil and5
water conservation districts to be conducted under6
the statutes governing counties rather than under7
the statutes governing those districts, to require8
that property owners be notified of uniform9
assessments under the soil and water conservation10
statutes by first class mail in lieu of11
notification by publication, and to require a12
county recorder to record any restrictions on the13
use of property identified pursuant to the State14
Fire Marshal's rules regarding releases from15
petroleum underground storage tanks.16


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 305.31, 317.08, 1515.02, 1515.15,17
1515.22, 1515.24, and 3737.882 of the Revised Code be amended to18
read as follows:19

       Sec. 305.31.  The procedure for submitting to a referendum20
any resolution adopted by a board of county commissioners pursuant21
to division (D)(1) of section 307.697, section 322.02, 322.06, or22
324.02, sections 1515.22 and 1515.24, division (B)(1) of section23
4301.421, section 4504.02, 5739.021, 5739.026, 5741.021, or24
5741.023, or division (C)(1) of section 5743.024 of the Revised25
Code or rule adopted pursuant to section 307.79 of the Revised26
Code shall be as prescribed by this section.27

       Except as otherwise provided in this paragraph, when a28
petition, signed by ten per cent of the number of electors who29
voted for governor at the most recent general election for the30
office of governor in the county, is filed with the county auditor31
within thirty days after the date suchthe resolution is passed or32
rule is adopted by the board of county commissioners, or is filed33
within forty-five days after the resolution is passed, in the case34
of a resolution adopted pursuant to section 5739.021 of the35
Revised Code that is passed within one year after a resolution36
adopted pursuant to that section has been rejected or repealed by37
the electors, requesting that suchthe resolution be submitted to38
the electors of suchthe county for their approval or rejection,39
suchthe county auditor shall, after ten days following the filing40
of the petition, and not later than four p.m. of the seventy-fifth41
day before the day of election, transmit a certified copy of the42
text of the resolution or rule to the board of elections. In the43
case of a petition requesting that a resolution adopted under44
division (D)(1) of section 307.697, division (B)(1) of section45
4301.421, or division (C)(1) of section 5743.024 of the Revised46
Code be submitted to electors for their approval or rejection, the47
petition mustshall be signed by seven per cent of the number of48
electors who voted for governor at the most recent election for49
the office of governor in the county. The county auditor shall50
transmit the petition to the board together with the certified51
copy of the resolution or rule. The board shall examine all52
signatures on the petition to determine the number of electors of53
the county who signed the petition. The board shall return the54
petition to the auditor within ten days after receiving it,55
together with a statement attesting to the number of such electors56
who signed the petition. The board shall submit the resolution or57
rule to the electors of the county, for their approval or58
rejection, at the succeeding general election held in the county59
in any year, or on the day of the succeeding primary election held60
in the county in even-numbered years, occurring subsequent to61
seventy-five days after the auditor certifies the sufficiency and62
validity of the petition to the board of elections.63

       No resolution shall go into effect until approved by the64
majority of those voting upon it. However, a rule shall take65
effect and remain in effect unless and until a majority of the66
electors voting on the question of repeal approve the repeal. 67
Sections 305.31 to 305.41 of the Revised Code do not prevent a68
county, after the passage of any resolution or adoption of any69
rule, from proceeding at once to give any notice or make any70
publication required by the resolution or rule.71

       The board of county commissioners shall make available to any72
person, upon request, a certified copy of any resolution or rule73
subject to the procedure for submitting a referendum under74
sections 305.31 to 305.42 of the Revised Code beginning on the75
date the resolution or rule is adopted by the board. The board76
may charge a fee for the cost of copying the resolution or rule.77

       As used in this section, "certified copy" means a copy78
containing a written statement attesting that it is a true and79
exact reproduction of the original resolution or rule.80

       Sec. 317.08.  Except as provided in division (F) of this81
section, the county recorder shall keep six separate sets of82
records as follows:83

       (A) A record of deeds, in which shall be recorded all deeds84
and other instruments of writing for the absolute and85
unconditional sale or conveyance of lands, tenements, and86
hereditaments; all notices as provided for in sections 5301.47 to87
5301.56 of the Revised Code; all judgments or decrees in actions88
brought under section 5303.01 of the Revised Code; all89
declarations and bylaws as provided for in Chapter 5311. of the90
Revised Code; affidavits as provided for in section 5301.252 of91
the Revised Code; all certificates as provided for in section92
5311.17 of the Revised Code; all articles dedicating93
archaeological preserves accepted by the director of the Ohio94
historical society under section 149.52 of the Revised Code; all95
articles dedicating nature preserves accepted by the director of96
natural resources under section 1517.05 of the Revised Code; all97
agreements for the registration of lands as archaeological or98
historic landmarks under section 149.51 or 149.55 of the Revised99
Code; all conveyances of conservation easements and agricultural100
easements under section 5301.68 of the Revised Code; all101
instruments extinguishing agricultural easements under section102
901.21 or 5301.691 of the Revised Code or pursuant to terms of103
such an easement granted to a charitable organization under104
section 5301.68 of the Revised Code; all instruments or orders105
described in division (B)(1)(c)(ii) of section 5301.56 of the106
Revised Code; all no further action letters issued under section107
122.654 or 3746.11 of the Revised Code; all covenants not to sue108
issued under section 3746.12 of the Revised Code, including all109
covenants not to sue issued pursuant to section 122.654 of the110
Revised Code; any restrictions on the use of property contained in111
a no further action letter issued under section 122.654 of the112
Revised Code and, any restrictions on the use of property113
identified pursuant to division (C)(3) of section 3746.10 of the114
Revised Code, and any restrictions on the use of property115
contained in a deed or other instrument as provided in division116
(E) of section 3737.882 of the Revised Code; all memoranda of117
trust, as described in division (A) of section 5301.255 of the118
Revised Code, that describe specific real property; and all119
agreements entered into under division (A) of section 1521.26 of120
the Revised Code;121

       (B) A record of mortgages, in which shall be recorded all of122
the following:123

       (1) All mortgages, including amendments, supplements,124
modifications, and extensions of mortgages, or other instruments125
of writing by which lands, tenements, or hereditaments are or may126
be mortgaged or otherwise conditionally sold, conveyed, affected,127
or encumbered;128

       (2) All executory installment contracts for the sale of land129
executed after September 29, 1961, that by their terms are not130
required to be fully performed by one or more of the parties to131
them within one year of the date of the contracts;132

       (3) All options to purchase real estate, including133
supplements, modifications, and amendments of the options, but no134
option of that nature shall be recorded if it does not state a135
specific day and year of expiration of its validity;136

       (4) Any tax certificate sold under section 5721.33 of the137
Revised Code, or memorandum thereof, that is presented for filing138
of record.139

       (C) A record of powers of attorney, including all memoranda140
of trust, as described in division (A) of section 5301.255 of the141
Revised Code, that do not describe specific real property;142

       (D) A record of plats, in which shall be recorded all plats143
and maps of town lots, of the subdivision of town lots, and of144
other divisions or surveys of lands, any center line survey of a145
highway located within the county, the plat of which shall be146
furnished by the director of transportation or county engineer,147
and all drawings as provided for in Chapter 5311. of the Revised148
Code;149

       (E) A record of leases, in which shall be recorded all150
leases, memoranda of leases, and supplements, modifications, and151
amendments of leases and memoranda of leases;152

       (F) A record of declarations executed pursuant to section153
2133.02 of the Revised Code and durable powers of attorney for154
health care executed pursuant to section 1337.12 of the Revised155
Code.156

       All instruments or memoranda of instruments entitled to157
record shall be recorded in the proper record in the order in158
which they are presented for record. The recorder may index,159
keep, and record in one volume unemployment compensation liens,160
internal revenue tax liens and other liens in favor of the United161
States as described in division (A) of section 317.09 of the162
Revised Code, personal tax liens, mechanic's liens, agricultural163
product liens, notices of liens, certificates of satisfaction or164
partial release of estate tax liens, discharges of recognizances,165
excise and franchise tax liens on corporations, broker's liens,166
and liens provided for in sections 1513.33, 1513.37, 3752.13,167
5111.021, and 5311.18 of the Revised Code.168

       The recording of an option to purchase real estate, including169
any supplement, modification, and amendment of the option, under170
this section shall serve as notice to any purchaser of an interest171
in the real estate covered by the option only during the period of172
the validity of the option as stated in the option.173

       (G) In lieu of keeping the six separate sets of records174
required in divisions (A) to (F) of this section and the records175
required in division (H) of this section, a county recorder may176
record all the instruments required to be recorded by this section177
in two separate sets of record books. One set shall be called the178
"official records" and shall contain the instruments listed in179
divisions (A), (B), (C), (E), (F), and (H) of this section. The180
second set of records shall contain the instruments listed in181
division (D) of this section.182

       (H) Except as provided in division (G) of this section, the183
county recorder shall keep a separate set of records containing184
all corrupt activity lien notices filed with the recorder pursuant185
to section 2923.36 of the Revised Code and a separate set of186
records containing all medicaid fraud lien notices filed with the187
recorder pursuant to section 2933.75 of the Revised Code.188

       Sec. 1515.02.  There is hereby established in the department189
of natural resources the Ohio soil and water conservation190
commission. The commission shall consist of seven members of191
equal status and authority, four of whom shall be appointed by the192
governor with the advice and consent of the senate, and one of193
whom shall be designated by resolution of the board of directors194
of the Ohio federation of soil and water conservation districts.195
The other two members shall be the director of agriculture and the196
vice-president for agricultural administration of the Ohio state197
university. The director of natural resources may participate in198
the deliberations of the commission, but without the power to199
vote. A vacancy in the office of an appointed member shall be200
filled by the governor, with the advice and consent of the senate.201
Any member appointed to fill a vacancy occurring prior to the202
expiration of the term for which histhe member's predecessor was203
appointed shall hold office for the remainder of suchthat term.204
Of the appointed members, two shall be farmers and all shall be205
persons who have a knowledge of or interest in the natural206
resources of the state. Not more than two of the appointed207
members shall be members of the same political party.208

       Terms of office of the member designated by the board of209
directors of the federation and the members appointed by the210
governor shall be for four years, commencing on the first day of211
July and ending on the thirtieth day of June.212

       Each appointed member shall hold office from the date of his213
appointment until the end of the term for which hethe member was214
appointed. Any appointed member shall continue in office215
subsequent to the expiration date of histhe member's term until216
histhe member's successor takes office, or until a period of217
sixty days has elapsed, whichever occurs first.218

       The commission shall organize by selecting from its members a219
chairmanchairperson and a vice-chairmanvice-chairperson. The220
commission shall hold at least one regular meeting in each quarter221
of each calendar year and shall keep a record of its proceedings,222
which shall be open to the public for inspection. Special223
meetings may be called by the chairmanchairperson and shall be224
called by himthe chairperson upon receipt of a written request225
signed by two or more members of the commission. Written notice226
of the time and place of each meeting shall be sent to each member227
of the commission. A majority of the commission shall constitute228
a quorum.229

       The commission may adopt rules as necessary to carry out the230
purposes of Chapter 1515. of the Revised Codethis chapter,231
subject to Chapter 119. of the Revised Code.232

       The governor may remove any appointed member of the233
commission at any time for inefficiency, neglect of duty, or234
malfeasance in office, after giving to the member a copy of the235
charges against himthe member and an opportunity to be heard236
publicly in person or by counsel in histhe member's defense. Any237
such act of removal by the governor is final. A statement of the238
findings of the governor, the reason for histhe governor's239
action, and the answer, if any, of the member shall be filed by240
the governor with the secretary of state and shall be open to241
public inspection.242

       All members of the commission shall be reimbursed for the243
necessary expenses incurred by them in the performance of their244
duties as members.245

       Upon recommendation by the commission, the director of246
natural resources shall designate an executive secretary and247
provide staff necessary to carry out the powers and duties of the248
commission. The commission may utilize the services of such staff249
members in the college of agriculture of the Ohio state university250
as may be agreed upon by the commission and the college.251

       The commission shall have the following duties and powersdo252
all of the following:253

       (A) To determineDetermine distribution of funds under254
section 1515.14 of the Revised Code, to recommend to the director255
of natural resources and other agencies the levels of256
appropriations to special funds established to assist soil and257
water conservation districts, and to recommend the amount of258
federal funds to be requested and policies for the use of such259
funds in support of soil and water conservation district programs;260

       (B) To assistAssist in keeping the supervisors of soil and261
water conservation districts informed of their powers and duties,262
program opportunities, and the activities and experience of all263
other districts, and to facilitate the interchange of advice,264
experience, and cooperation between suchthe districts;265

       (C) To seekSeek the cooperation and assistance of the266
federal government or any of its agencies, and of agencies of this267
state, in the work of suchthe districts;268

       (D) To adoptAdopt appropriate rules governing the conduct of269
referendums or elections provided for in Chapter 1515. of the270
Revised Codethis chapter, subject to Chapter 119. of the Revised271
Code, provided that only owners and occupiers of lands situated272
within the boundaries of the districts or proposed districts to273
which the referendums or elections apply shall be eligible to vote274
in such referendums orthe elections;275

       (E) To recommendRecommend to the director of natural276
resources priorities for planning and construction of small277
watershed projects, and to make recommendations to the director of278
natural resources concerning coordination of programs as proposed279
and implemented in agreements with soil and water conservation280
districts;281

       (F) To recommendRecommend to the director of natural282
resources, the governor, and the general assembly programs and283
legislation with respect to the operations of soil and water284
conservation districts whichthat will encourage proper soil,285
water, and other natural resource management and promote the286
economic and social development of the state.287

       Sec. 1515.15.  A board of county commissioners may apply to288
the Ohio soil and water conservation commission for an advance of289
moneys from the soil and water conservation fund, which is hereby290
created in the state treasury, to enable sucha soil and water291
conservation district to pay all or part of the cost of surveys292
and plans, appraisals, estimates of cost, land options, and other293
incidental expenses of constructing works of improvement for a294
soil and water conservationthe district. The commission shall295
consider suchthe application and shall recommend an amount of296
moneys reasonably needed for suchthat purpose.297

       The order of the commission recommending the amount of such298
the moneys needed shall be certified to the controlling board. The299
controlling board shall then determine the amount to be advanced300
to the county and shall certify its action to the director of301
budget and management for payment.302

       All such amounts received by any such district shall be303
repaid by the board of county commissioners to the state304
immediately upon the receipt by the board of funds from the sale305
of bonds or from other sources whichthat may be used for that306
purpose, or in such number of equal annual installments, not307
exceeding five, and commencing at such time, as shall be specified308
in the order of the commission.309

       Upon receipt of sufficient and satisfactory evidence that the310
board and district have proceeded in good faith andIf an311
unfavorable referendum or court decision has denied the work of312
improvement, the controlling board, upon receipt of sufficient and313
satisfactory evidence that the board and district have proceeded314
in good faith and the recommendation of the commission, shall315
relieve the board or district of its repayment obligation.316

       Sec. 1515.22.  The boards of county commissioners of all the317
counties containing any of the territory included in the project318
area, if all such counties have approved construction of an319
improvement under section 1515.21 of the Revised Code, are a joint320
board of county commissioners for the improvement.321

       A joint board of county commissioners may do all the things322
that a board of county commissioners may do in connection with the323
improvement and shall proceed as if it were a board of county324
commissioners representing a county that included all the325
territory within the project area.326

       The joint board may agree to apportion any cost of the327
improvement, or expenses incurred in connection therewith, not328
paid by assessments or taxes levied for the improvement, or funds329
other than county funds, among the participating counties.330

       The joint board shall elect one of its numbermembers331
president and designate a clerk of one of the boards of county332
commissioners of the participating counties as clerk of the joint333
board. A majority of the county commissioners constituting the334
joint board constitutes a quorum. All decisions of the joint335
board shall be made by a majority vote of the county commissioners336
constituting the joint board.337

       For the purpose of bringing a referendum petition against a338
soil and water conservation project under section 305.31 of the339
Revised Code, a resolution adopted by a joint board of county340
commissioners shall be considered to be a resolution adopted by341
the board of county commissioners of each county in the project342
area. The electors of any county in the project area may file a343
petition for referendum under that section against a resolution344
adopted by the joint board of county commissioners as if it had345
been adopted by the board of county commissioners for that county.346
The referendum shall be conducted only in the county in which the347
referendum petition was filed. The electors of any county in the348
project area in which no referendum petition was filed shall not349
be eligible to vote in the referendum, and the outcome of a350
referendum shall have effect only in the county in which the351
referendum was held. Any county in the project area in which a352
referendum is not held remains subject to the provisions of the353
resolution adopted by the joint board of county commissioners for354
the soil and water conservation district. 355

       Sec. 1515.24. (A) Upon receipt of a certification made by356
the supervisors of a soil and water conservation district pursuant357
to section 1515.20 of the Revised Code, the board of county358
commissioners may levyadopt a resolution levying upon the359
property within the project area an assessment at a uniform or360
varied rate based upon the benefit to the area certified by the361
supervisors, as necessary to pay the cost of construction of the362
improvement not otherwise funded and to repay advances made for363
purposes of the improvement from the fund created by section364
1515.15 of the Revised Code. The board of county commissioners365
shall direct the person or authority preparing assessments to give366
primary consideration, in determining a parcel's estimated367
assessments relating to the disposal of water, to the potential368
increase in productivity that the parcel may experience as a369
result of the improvement and also to give consideration to the370
amount of water disposed of, the location of the property relative371
to the project, the value of the project to the watershed, and372
benefits as defined in section 6131.01 of the Revised Code. The373
part of the assessment that is found to benefit state, county, or374
township roads or highways or municipal streets shall be assessed375
against the state, county, township, or municipal corporation,376
respectively, payable from motor vehicle revenues. The part of377
the assessment that is found to benefit property owned by any378
public corporation, any political subdivision of the state, or the379
state shall be assessed against the public corporation, the380
political subdivision, or the state and shall be paid out of the381
general funds or motor vehicle revenues of the public corporation,382
the political subdivision of the state, or the state, except as383
otherwise provided by law.384

       (B) The assessment shall be certified to the county auditor385
and by the county auditor to the county treasurer. The collection386
of the assessment shall conform in all matters to Chapter 323. of387
the Revised Code. Any388

       (C)Any land owned and managed by the department of natural389
resources for wildlife, recreation, nature preserve, or forestry390
purposes is exempt from assessments if the director of natural391
resources determines that the land derives no benefit from the392
improvement. In making such a determination, the director shall393
consider the purposes for which the land is owned and managed and394
any relevant articles of dedication or existing management plans395
for the land. If the director determines that the land derives no396
benefit from the improvement, the director shall notify the board397
of county commissioners, within thirty days after receiving the398
assessment notification required by this section, indicating that399
the director has determined that the land is to be exempt and400
explaining the specific reason for making this determination. The401
board of county commissioners, within thirty days after receiving402
the director's exemption notification, may appeal the403
determination to the court of common pleas. If the court of404
common pleas finds in favor of the board of county commissioners,405
the department of natural resources shall pay all court costs and406
legal fees.407

       If the assessment is to be made at a varied rate, the(D)(1)408
The board shall give notice by first class mail to every public409
and private property owner whose property is subject to410
assessment, at the tax mailing or other known address of the411
owner. The notice shall contain a statement of the amount to be412
assessed against the property of the addressee, a description of413
the method used to determine the necessity for and the amount of414
the proposed assessment, and a statement that the addressee may415
file an objection in writing at the office of the board of county416
commissioners within thirty days after the mailing of notice. If417
the residence of any owner cannot be ascertained, or if any mailed418
notice is returned undelivered, the board shall publish the notice419
to all such owners in a newspaper of general circulation within420
the project area, at least once each week for three weeks, which421
notice shall include the information contained in the mailed422
notice, but shall state that the owner may file an objection in423
writing at the office of the board of county commissioners within424
thirty days after the last publication of the notice.425

       (2) Upon receipt of objections as provided in this section,426
the board shall proceed within thirty days to hold a final hearing427
on the objections by fixing a date and giving notice by first428
class mail to the objectors at the address provided in filing the429
objection. If any mailed notice is returned undelivered, the430
board shall give due notice to the objectors in a newspaper of431
general circulation in the project area, stating the time, place,432
and purpose of the hearing. Upon hearing the objectors, the board433
may amendadopt a resolution amending and shall approveapproving434
the final schedule of assessments byand shall enter it in the435
journal entry.436

       (3) Any owner whose objection is not allowed may appeal437
within thirty days to the court of common pleas of the county in438
which the property is located.439

       (4) The board of county commissioners shall make an order440
approving the levying of the assessment and shall proceed under441
section 6131.23 of the Revised Code after one of the following has442
occurred, as applicable:443

        (a) Final notice is provided by mail or publication.444

        (b) The imposition of assessments is upheld in the final445
disposition of an appeal that is filed pursuant to division (D)(3)446
of this section.447

        (c) The resolution levying the assessments is approved in448
a referendum that is held pursuant to section 305.31 of the449
Revised Code.450

       (5) The county treasurer shall deposit the proceeds of the451
assessment in the fund designated by the board and shall report to452
the county auditor the amount of money from the assessment that is453
collected by the treasurer. Moneys shall be expended from the454
fund for purposes of the improvement.455

       (E) Any moneys collected in excess of the amount needed for456
construction of the improvement and the subsequent first year's457
maintenance may be maintained in a fund to be used for maintenance458
of the improvement. In any year subsequent to a year in which an459
assessment for construction of an improvement levied under this460
section has been collected, and upon determination by the board of461
county commissioners that funds are not otherwise available for462
maintenance or repair of the improvement, the board shall levy on463
the property within the project area an assessment for maintenance464
at a uniform percentage of all construction costs based upon the465
assessment schedule used in determining the construction466
assessment. The assessment is not subject to the provisions467
concerning notice and petition contained in this section 1515.25468
of the Revised Code. An assessment for maintenance shall not be469
levied in any year in which the unencumbered balance of funds470
available for maintenance of the improvement exceeds twenty per471
cent of the cost of construction of the improvement, except that472
the board may adjust the level of assessment within the twenty per473
cent limitation, or suspend temporarily the levying of an474
assessment, for maintenance purposes as maintenance funds are475
needed.476

       For the purpose of levying an assessment for maintenance of477
an improvement, a board may use the procedures established in478
Chapter 6137. of the Revised Code regarding maintenance of479
improvements as defined in section 6131.01 of the Revised Code in480
lieu of using the procedures established under this section.481

       (F) The board of county commissioners may issue bonds and482
notes as authorized by section 131.23 or 133.17 of the Revised483
Code.484

       Sec. 3737.882.  (A) If, after an examination or inspection,485
the fire marshal or an assistant fire marshal finds that a release486
of petroleum is suspected, hethe fire marshal shall take such487
action as hethe fire marshal considers necessary to ensure that a488
suspected release is confirmed or disproved and, if the occurrence489
of a release is confirmed, to correct the release. These actions490
may include one or more of the following:491

       (1) Issuance of a citation and order requiring the492
responsible person to undertake, in a manner consistent with the493
requirements of section 9003 of the "Resource Conservation and494
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as495
amended, applicable regulations adopted thereunder, and rules496
adopted under division (B) of this section, such actions as are497
necessary to protect human health and the environment, including,498
without limitation, the investigation of a suspected release.499

       (2) Requesting the attorney general to bring a civil action500
for appropriate relief, including a temporary restraining order or501
preliminary or permanent injunction, in the court of common pleas502
of the county in which a suspected release is located or in which503
the release occurred, to obtain the corrective action necessary to504
protect human health and the environment. In granting any such505
relief, the court shall ensure that the terms of the temporary506
restraining order or injunction are sufficient to provide507
comprehensive corrective action to protect human health and the508
environment.509

       (3) Entry onto premises and undertaking corrective action510
with respect to a release of petroleum if, in histhe fire511
marshal's judgment, such action is necessary to protect human512
health and the environment. Any corrective action undertaken by513
the fire marshal or assistant fire marshal under division (A)(3)514
of this section shall be consistent with the requirements of515
sections 9003 and 9005 of the "Resource Conservation and Recovery516
Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, and 98 Stat. 3284,517
42 U.S.C.A. 6991e, respectively, as amended, applicable518
regulations adopted thereunder, and rules adopted under division519
(B) of this section.520

       (B) The fire marshal shall adopt, and may amend and rescind,521
such rules as hethe fire marshal considers necessary to establish522
standards for corrective actions for suspected and confirmed523
releases of petroleum and standards for the recovery of costs524
incurred for undertaking corrective or enforcement actions with525
respect to such releases. The rules also shall include526
requirements for financial responsibility for the cost of527
corrective actions for and compensation of bodily injury and528
property damage incurred by third parties that are caused by529
releases of petroleum. Rules regarding financial responsibility530
shall, without limitation, require responsible persons to provide531
evidence that the parties guaranteeing payment of the deductible532
amount established under division (E) or (F) of section 3737.91 of533
the Revised Code are, at a minimum, secondarily liable for all534
corrective action and third-party liability costs incurred within535
the scope of the deductible amount. The rules shall be consistent536
with sections 9003 and 9005 of the "Resource Conservation and537
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, and 98538
Stat. 3284, 42 U.S.C.A. 6991e, respectively, as amended, and539
applicable regulations adopted thereunder.540

       (C)(1) No person shall violate or fail to comply with a rule541
adopted under division (A) of section 3737.88 of the Revised Code542
or division (B) of this section, and no person shall violate or543
fail to comply with the terms of any order issued under division544
(A) of section 3737.88 of the Revised Code or division (A)(1) of545
this section.546

       (2) Whoever violates division (C)(1) of this section or547
division (F) of section 3737.881 of the Revised Code shall pay a548
civil penalty of not more than ten thousand dollars for each day549
that the violation continues. The fire marshal may, by order,550
assess a civil penalty under this division, or hethe fire marshal551
may request the attorney general to bring a civil action for552
imposition of the civil penalty in the court of common pleas of553
the county in which the violation occurred. If the fire marshal554
determines that a responsible person is in violation of division555
(C)(1) of this section or division (F) of section 3737.881 of the556
Revised Code, the fire marshal may request the attorney general to557
bring a civil action for appropriate relief, including a temporary558
restraining order or preliminary or permanent injunction, in the559
court of common pleas of the county in which the underground560
storage tank or, in the case of a violation of division (F)(3) of561
section 3737.881 of the Revised Code, the training program that is562
the subject of the violation is located. The court shall issue a563
temporary restraining order or an injunction upon a demonstration564
that a violation of division (C)(1) of this section or division565
(F) of section 3737.881 of the Revised Code has occurred or is566
occurring.567

       Any action brought by the attorney general under this568
division is a civil action, governed by the rulesRules of civil569
procedureCivil Procedure and other rules of practice and570
procedure applicable to civil actions.571

       (D) Orders issued under division (A) of section 3737.88 of572
the Revised Code and divisions (A)(1) and (C) of this section, and573
appeals thereof, are subject to and governed by Chapter 3745. of574
the Revised Code. Such orders shall be issued without the575
necessity for issuance of a proposed action under that chapter.576
For purposes of appeals of any such orders, the term "director" as577
used in Chapter 3745. of the Revised Code includes the fire578
marshal and an assistant fire marshal.579

       (E) Any restrictions on the use of real property for the580
purpose of achieving applicable standards pursuant to rules581
adopted under division (B) of this section shall be contained in a582
deed or in another instrument that is signed and acknowledged by583
the property owner in the same manner as a deed. The deed or other584
instrument containing the restrictions shall be filed and recorded585
in the office of the county recorder of the county in which the586
property is located. Pursuant to Chapter 5309. of the Revised587
Code, such use restrictions in connection with registered land, as588
defined in section 5309.01 of the Revised Code, shall be entered589
as a memorial on the page of the register where the title of the590
owner is registered.591

       Section 2.  That existing sections 305.31, 317.08, 1515.02,592
1515.15, 1515.22, 1515.24, and 3737.882 and sections 1515.25,593
1515.26, and 1515.27 of the Revised Code are hereby repealed.594